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TK Marine Surveyors (TK Marine Consultancy Pty Ltd, ABN 36 336 598 958 / ACN 632 324 399) provides marine survey, inspection and consultancy services on the terms set out below. These Terms and Conditions apply to every engagement of TK Marine Surveyors, whether the Services are confirmed by signed quotation, email, or by instructing TK Marine Surveyors to proceed.
“Surveyor”, “we”, “us” or “our” means TK Marine Surveyors (TK Marine Consultancy Pty Ltd) and includes our employees, directors, contractors, agents and subcontractors engaged to perform the Services.
“Client”, “you” or “your” means the person or entity who engages the Surveyor, and includes anyone acting with that person’s actual or apparent authority (e.g. a broker or agent instructing on the Client’s behalf).
“Services” means the survey, inspection, valuation, consultancy or other services described in our quotation, engagement letter or instructions.
“Report” means any survey report, inspection report, valuation, certificate, opinion or other document provided by the Surveyor arising from the Services.
“Vessel” means the vessel, its machinery, equipment, tender(s) and associated systems that are the subject of the Services.
“Fees” means the fees, disbursements and any applicable GST payable by the Client for the Services.
“ACL” means the Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Services must be confirmed in writing by both parties before work commences. Any subsequent changes or additions to the scope must be agreed by both parties in writing and may be charged as a variation. The Services are provided based on a visual, non-invasive examination only, unless expressly agreed otherwise. TK Marine Surveyors is not engaged to, and does not, provide legal, financial, insurance, taxation, engineering certification, naval architecture or class society services unless expressly stated in writing.
The Client acknowledges the following, which apply regardless of any other statement in the Report:
The specific areas or items that could not be inspected, accessed, or opened, and the reservations that should reasonably be made as a result, will be identified in the Report.
The Client must provide TK Marine Surveyors with safe, timely and reasonable access to the Vessel, ensure any third party in possession of the Vessel (broker, marina, boatyard or seller) co-operates, provide accurate and complete written instructions and information in a timely manner, and ensure safe working conditions for the survey.
TK Marine Surveyors will use reasonable care and skill in the performance of the Services, submit a written Report describing its findings unless instructed otherwise, keep confidential all information provided by the Client except where disclosure is required by law, and promptly notify the Client of any conflict of interest or other matter affecting its ability to perform the Services. Original work product, working papers and data generated by TK Marine Surveyors in producing the Report remain TK Marine Surveyors’ property.
The Services and the Report are provided solely for the use of the named Client. No other person is entitled to use, rely on, or make any claim in connection with the Report. The Report must not be copied, reproduced, or disclosed in whole or in part to any third party without TK Marine Surveyors’ prior written consent. TK Marine Surveyors owes no duty of care to, and accepts no liability whatsoever towards, any person who is not the named Client, regardless of whether that person has sighted, obtained, or relied on the Report.
The Client shall pay TK Marine Surveyors’ Fees punctually in accordance with these Terms, and no later than 14 days following the date of the relevant invoice, unless payment prior to completion of the Services has otherwise been agreed in writing. Disbursements (including reasonable travel, accommodation, haul-out fees and report reproduction costs) are payable in addition to the Fees. Interest accrues on any overdue amount at 10% per annum above the invoice amount. TK Marine Surveyors will not release the Report until the Fees and Disbursements have been paid in full, unless otherwise agreed in writing, and may suspend or terminate the Services if any invoice remains unpaid 14 days after the due date.
Nothing in these Terms excludes, restricts, or modifies any guarantee, right or remedy conferred on the Client under the ACL or any other law that cannot lawfully be excluded. Where the Client is a “consumer” within the meaning of the ACL, the consumer guarantees in the ACL (including the guarantee that services will be provided with due care and skill) apply and are not excluded by these Terms.
TK Marine Surveyors is liable to the Client only to the extent that loss or damage is proved to have resulted solely from the negligence, gross negligence, or wilful default of TK Marine Surveyors or its employees, agents or subcontractors.
To the maximum extent permitted by law, and except in relation to liability that cannot lawfully be limited (such as liability for death or personal injury caused by negligence, or liability for fraud or wilful misconduct), TK Marine Surveyors’ total liability to the Client arising out of or in connection with the Services is limited to ten (10) times TK Marine Surveyors’ Fees for the Services giving rise to the claim, or AUD $100,000, whichever is the lesser.
TK Marine Surveyors is not liable for any indirect or consequential loss, loss of profit, loss of revenue, loss of use, loss of market, or pure economic loss, however arising. Australian Consumer Law protections apply where applicable. TK Marine Surveyors is not responsible for damage to any equipment or materials supplied by the Client.
Any claim against TK Marine Surveyors arising out of or in connection with the Services must be brought within 12 months from the date TK Marine Surveyors submits the final Report to the Client. Failure to bring a claim within this period is an absolute bar to the claim, to the extent permitted by law.
To the maximum extent permitted by law, the Client indemnifies and holds harmless TK Marine Surveyors (and its employees, agents and subcontractors) against all claims, proceedings, losses, damages, costs and expenses (including legal costs on a full indemnity basis) arising out of or in connection with: any use of, reliance on, or disclosure of the Report by any person other than in accordance with clause 5; any breach by the Client of its obligations under these Terms; any inaccurate, incomplete or misleading information provided to TK Marine Surveyors by or on behalf of the Client which TK Marine Surveyors reasonably relied upon; and any claim brought by a third party arising from that third party’s reliance on the Report. This indemnity does not apply to the extent the relevant loss is caused by the fraud, wilful misconduct, or gross negligence of TK Marine Surveyors, or where it cannot lawfully be given or enforced against a consumer under the ACL.
TK Marine Surveyors maintains Professional Indemnity insurance at no cost to the Client, and will provide evidence of current cover on reasonable request.
Copyright and all other intellectual property rights in the Report remain the property of TK Marine Surveyors at all times. The Client is granted a non-exclusive, non-transferable licence to use the Report solely for the purpose for which it was commissioned. Both parties must keep confidential all information provided by the other in connection with the engagement, except as required by law.
Either party may terminate an engagement on reasonable written notice before the Services commence, subject to clause 13 (Cancellation Policy). TK Marine Surveyors may terminate the Services immediately, without liability, if the Client fails to pay any amount due within 14 days of demand, fails to provide safe access or necessary co-operation, or if continuing the Services would, in TK Marine Surveyors’ reasonable opinion, be unsafe. On termination, the Client must pay for all Services performed and Disbursements incurred up to the date of termination.
If the Client misses a scheduled appointment, or cancels an appointment within 24 hours of the scheduled time, TK Marine Surveyors’ half-day rate is payable. Cancellation charges will be added to the Client’s next invoice or invoiced separately. TK Marine Surveyors will consider genuine emergencies or other exceptional circumstances on a case-by-case basis and may, at its discretion, waive or reduce a cancellation charge.
TK Marine Surveyors may sub-contract the performance of all or part of the Services, subject to the Client’s approval, which must not be unreasonably withheld. TK Marine Surveyors remains fully liable for the performance of any sub-contracted Services to the same extent as if it had performed them itself.
Neither party is liable for any failure or delay in performing its obligations (other than an obligation to pay money) to the extent caused by an act of God, act of war, seizure under legal process, quarantine restrictions, strikes, boycotts, lockouts, riots, civil commotions, or other matters reasonably beyond that party’s control.
If a dispute arises out of or in connection with these Terms, the parties must first attempt in good faith to resolve the dispute by direct negotiation between senior representatives within 14 days before commencing proceedings, except where a party seeks urgent interlocutory relief or seeks to recover an undisputed debt.
These Terms, and all disputes arising out of them, are governed by the laws of Western Australia, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Western Australia and the Federal Court of Australia (Western Australia District Registry).
These Terms constitute the entire agreement between the parties and supersede all prior negotiations and agreements, whether written or oral. A failure or delay by either party to exercise any right does not operate as a waiver of that right. Neither party may assign or transfer its rights or obligations without the other party’s prior written consent. If any provision of these Terms is held void, illegal, or unenforceable, that provision is severed and the remainder continues in full force and effect. Any notice must be in writing and may be given by email.
By instructing TK Marine Surveyors to proceed with the Services, the Client accepts these Terms and Conditions in full. TK Marine Surveyors reserves the right to update these Terms from time to time; the version published on this page at the time of engagement applies.
TK Marine Consultancy Pty Ltd (trading as TK Marine Surveyors) – ABN 36 336 598 958 / ACN 632 324 399 – Terms and Conditions last updated August 2026.
