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 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Coast Guard

Search resumes for missing in S. Korean ferry disaster

South Korean coastguards and navy divers resumed their search on Thursday for nearly 280 people still missing after a ferry capsized in what could be the country's

Crashes in Crucial US Crude Waterway Hit 10-year Low

Serious crashes in the bustling Bay of Galveston have fallen to the lowest level in a decade even as more oil moves on U.S. waterways, official data show, suggesting

Shipbuilding: Vigor Industrial Grows Stronger

Vigor Industrial has ballooned from a modest shipyard in Portland, Oregon, to the largest shipbuilder in the Pacific Northwest and Alaska. Vigor increasingly thinks big and builds big.

 
 
Maritime Careers / Shipboard Positions Maritime Standards Offshore Oil Pipelines Port Authority Salvage Ship Repair Ship Simulators Sonar Winch
rss | archive | history | articles | privacy | 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: 0.0629 sec (16 req/sec)