Article 1: Application of General Conditions

Unless otherwise agreed in writing, these general terms and conditions of sale apply without restriction or reservation to all services requested verbally or in writing by the client from the firm, as well as any other requests related to said service.

Article 2: Definitions

1.1. Firm

The marine survey firm YANN MELLIANI, as well as all its employees and any parties with whom cooperation or authorization is necessary or useful for the service.

1.2. Client 

An individual, legal entity, company, or administration that requests and remunerates the firm’s service. If the client acts on behalf of another, he or she must specify the identity of the person or entity who benefits from and/or pays for the said service.

1.3. Service

The service includes all technical actions carried out by the firm to fulfil the mission entrusted by the client. It ends with the submission of the final report in writing (or verbally upon specific request) to the client, along with the fees and charges of the surveyor firm.

1.4. Contract 

The survey contract is considered concluded only after the client receives written confirmation of the firm’s engagement.

Article 3: Obligations of the parties

3.1. Obligations of the firm

The firm must perform the service in accordance with the instructions provided by the client, in line with current professional standards and practices, and using methods it considers most appropriate.
The firm issues a final report based on the information provided by the client and cannot be held liable for inaccurate or missing information.
All data, correspondence, documents, or analyses are stored by the surveyor for the duration of the service and for a period of one year after the final report is submitted unless otherwise instructed in writing.
Notwithstanding the preceding paragraph, physical materials collected during the service are stored for three months from the submission of the report unless otherwise agreed upon in writing by the parties.

3.2. Obligations of the client 

The client must provide the firm with all necessary or useful information promptly for the proper execution of the service. It is the client’s responsibility to inform the firm of any potential or actual risks or hazards that could affect the physical or moral integrity of the firm during the service.

Article 4: Fees and charges

Partial or full service by the firm is subject to payment of fees and charges upon presentation of the firm’s invoice. Payment is due within 30 days. In case of late payment, interest on arrears will be due at the legal rate. Any dispute between the client and the firm does not exempt payment of the invoice and any applicable late penalties.

Article 5: Liability

5.1. General liability

The firm is bound only by an obligation of means in performing its service. Its liability can only be incurred in cases of demonstrated gross negligence or intentional wrongdoing, provided that this fault is the direct and exclusive cause of the alleged damage or loss. The firm assumes no liability for indirect or intangible damages.
The firm cannot be held liable for:

• Any damage resulting from foreseeable events or circumstances;
• Any delay in performing the service due to total or partial non-performance caused by a force majeure event;
• Any damage related to incorrect or false information;
• Any damage to goods or equipment provided by the client as part of the service;
• Consequences of external events such as water, fire, explosion, smoke damage, damage due to natural climatic phenomena, damage due to war, strike, terrorism, sabotage, acts of violence.

When the client only verbally specifies the nature and scope of the requested service, he or she cannot allege fault on the part of the firm, except as specified in the written report.

5.2. Limitations of liability

The firm’s liability, per mission, is limited to ten times the amount of fees received or to be received for said service and shall in no case exceed €10,000.

5.3. Complaint

Any complaint against the firm by the client must be submitted in writing within three months of the submission of the final written report, failing which it will be deemed time-barred.

Article 6: Applicable law and jurisdiction

Notwithstanding any contrary provisions of laws regarding jurisdiction, disputes related to the performance of this contract will be subject to the exclusive jurisdiction of the Commercial Court of Marseilles, applying French law.

Article 7: English version

There are two versions of these general terms and conditions of sale, a first version in French and a second translated into English. The client declares having read these general terms and conditions of sale in both French and English. In case of discrepancy between the two versions, the provisions of the French version shall prevail over those of the English version.

Yann Melliani – Marine Surveyor

22 Rue Desseaux – B11

76100 ROUEN