ITIC Warning for Surveyors on Indemnities and Waivers

Friday, September 15, 2006
The International Transport Intermediaries Club (ITIC) has warned its surveyor members, wherever possible, not to sign indemnities or waivers before they have been authorized by the shipowner to board a vessel. And, in the event that this proves to be impossible, they should sign only a wording authorized by ITIC. Writing in the latest edition of its annual publication, The Intermediary, ITIC warns that the surveyor may be asked to sign a disclaimer or waiver of all his rights to claim or sue against the shipowner and its servants and agents should he have any cause to do so. In that event, says ITIC, the surveyor should remember that, under English law (The Unfair Contract Terms Act 1977), parties cannot exclude or limit their liability for death or personal injury. Therefore, if a surveyor is injured or killed while on board, the owners will be liable irrespective of whether the surveyor signed the release.

ITIC notes, “For all non-personal injury claims, the surveyor should only waive his rights to claim for such losses if the loss or damage suffered was caused by his own negligence or wilful misconduct. Therefore, if the owner, or its servant or agent, breaks the surveyor's laptop, for example, the surveyor should not be barred from issuing a claim for the loss he has suffered. However, if the surveyor placed his laptop on a surface known to be hot, and the laptop melted, this loss would have resulted from his own negligence and, therefore, it would be unfair to hold the owner responsible.” Surveyors may also be asked to sign an indemnity to the shipowner and its servants and agents for any loss or damage suffered howsoever caused. In such cases, says ITIC, “Surveyors should only agree to indemnify the owner for losses suffered as a result of the surveyor's negligence or wilful misconduct. Therefore, if the surveyor left his laptop on a hot part of the engine and it melted, causing damage to the engine, it is reasonable for the owner to be entitled to claim back from the surveyor the loss suffered. ITIC concludes that, if asked to sign any indemnity or waiver prior to boarding a vessel, “Ideally, nothing at all should be signed.” If this is impossible, however, a wording approved by ITIC should be used.

Maritime Reporter March 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Coast Guard

Donjon-SMIT Relocating to Houston

Alexandria, VA- Donjon-SMIT, the unique provider of Oil Pollution Act of 1990 (OPA 90) Salvage and Marine Firefighting (SMFF) services established by Donjon Marine Co.

Damen Delivers Stan Patrol Vessel to RBDF

The Royal Bahamas Defence Force (RBDF) has taken delivery of the fourth and final Stan Patrol 4207, named HMBS Rolly Gray. The four Stan Patrol 4207s form part of the six-year Sandy Bottom project.

S.Korea to Pay $380,000 to Ferry Victims Families

The South Korean government said on Wednesday it would pay about 420 million won ($380,000) as compensation for each of the 250 students who died or remain missing from last year's ferry disaster,

 
 
Maritime Careers / Shipboard Positions Maritime Security Maritime Standards Offshore Oil Pipelines Pod Propulsion Port Authority Salvage Ship Repair Shipbuilding / Vessel Construction
rss | archive | history | articles | privacy | terms and conditions | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.0893 sec (11 req/sec)