TERMS AND
CONDITIONS

TERMS AND CONDITIONS OF SERVICES

EFFECTIVE SEPTEMBER 4, 2025

CONTRACT & ACCEPTANCE
The following terms and conditions apply to all services offered by Lewis Martin & Associates Ltd. (Marine Surveys Canada) and its associates and sub-contractors. Please note that this document, along with the booking form supplied to you, form the agreement for services. Execution, including signing of the booking form (electronic or otherwise), or approval by electronic mail acknowledgement, constitute acceptance of the terms & conditions contained herein and therefore will be considered by Lewis Martin & Associates Ltd. (Marine Surveys Canada), and its sub-contractors, as acknowledgement by the client of the existence of a contract between the client and Lewis Martin & Associates Ltd. (Marine Surveys Canada), and its sub-contractors, according to the limitations of federal & provincial law.

FLAT RATE QUOTATIONS FOR SPECIFIC ASSIGNMENTS
Fees may be quoted as a flat rate on a case-by-case basis and, where quoted, pricing will be contained in the body of the booking information email sent to you. Flat rate quotations will specify the scope of work to be completed. Additional services extending beyond the scope of the initial quotation will be billed according to the fee schedule shown below.

INVOICING & PAYMENT TERMS FOR FLAT RATE WORK
An invoice will be sent prior to the scheduled date of service. Payment is due upon receipt of an invoice and a minimum of 24 hours prior to our scheduled arrival. Non-payment of an invoice may result in postponement of scheduled work.

FEE SCHEDULE FOR ADDITIONAL/HOURLY SERVICES
Our standard rates for services are shown in the table below. All prices are subject to applicable taxes.

RETAINER FOR ADDITIONAL/HOURLY SERVICES
A retainer may be required as collateral for services rendered. The retainer will be applied to invoices for ongoing work. Invoices for work are billed monthly and the retainer balance adjusted accordingly. Additional retainer amounts may be required if accrued work exceeds the retainer balance. Any residual retainer balance is refunded at the conclusion of the project.

BOOKING & SCHEDULING
Work is not assigned or scheduled until we have received the supplied booking form, fully executed. Failure to fully complete the booking form may result in service delays. Assistance with completing the booking form can obtained by replying to the booking email, or by phone to our toll-free number 800-827-0835.

CONFIDENTIALITY
Lewis Martin & Associates Ltd. (Marine Surveys Canada) will not, under any circumstances, divulge information to a third party without the written consent of the client. Further, Lewis Martin & Associates Ltd. (Marine Surveys Canada) offers no guarantees or warranties to any third party to this agreement.

POSTPONEMENT AND CANCELLATION
Lewis Martin & Associates Ltd. (Marine Surveys Canada) reserves the right, at the discretion of the Surveyor/Consultant, to postpone or cancel a site visit based on weather conditions, scheduling conflicts, or other unforeseen circumstances. Lewis Martin & Associates Ltd. (Marine Surveys Canada) acknowledges, however, that services will not be unreasonably withheld. Cancellation of a booking by a client must be made a minimum of 24 hours prior to the scheduled date of commencement of work. Should a cancellation be necessary within 24 hours of the scheduled booking, a cancellation fee of 50% of the quoted fees shall apply.

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TERMINATION
This agreement may be terminated by either party at any time upon written notice to the other party. Outstanding amounts owed to Lewis Martin & Associates Ltd. (Marine Surveys Canada) shall be remitted immediately upon termination. Terms & conditions of this agreement, with respect to work completed, shall remain in effect beyond the expiry or termination of this agreement, according to the limitations of law.

CONFLICT RESOLUTION
Lewis Martin & Associates Ltd. (Marine Surveys Canada) is committed to providing competent and professional services to the marine industry. Should a conflict or dispute arise with any of the services provided by Lewis Martin & Associates Ltd. (Marine Surveys Canada), please contact us by e-mail [email protected]

LIMITATION OF LIABILITY
Acceptance and use of any report, verbal or written, by the client acknowledges the client’s understanding that the report will be composed of information that is believed to be true after reasonable investigation and inquiry but is not warranted to be so. The information will be obtained without drilling, diving, cleaning or opening up to expose parts or conditions ordinarily concealed, unless conducted by a third party contracted by the Client to do so. There will be no tests for tightness or soundness conducted other than the conditions noted visually. Acceptance and use of a consultation report acknowledges the client’s understanding that no determination of stability or structural strength will be made and no opinion expressed. Acceptance and use of a consultation report acknowledges the client’s understanding that Lewis Martin & Associates Ltd. (Marine Surveys Canada) does not accept any responsibility for damage or deterioration not found or discovered during the course of investigation or inspection, nor for consequential damage, deterioration or loss due to any error or omission. The Client hereby undertakes to keep Lewis Martin & Associates Ltd. (Marine Surveys Canada) and its employees, agents and subcontractors indemnified and to hold them harmless against all actions, proceedings, claims, demands or liabilities whatsoever or howsoever arising which may be brought against them or incurred or suffered by them, and against and in respect of all costs, loss, damages and expenses (including legal costs and expenses on a full indemnity basis) which the Surveyor/Consultant may suffer or incur (either directly or indirectly) in the course of the services under these Conditions. Notwithstanding the above clause, in the event that the Client proves that the loss, damage, delay or expense was caused by the negligence, gross negligence or wilful default of the Surveyor/Consultant aforesaid, then, save where loss, damage, delay or expense has resulted from the Surveyor’s/Consultant’s personal act or omission committed with the intent to cause same or recklessly and with knowledge that such loss, damage, delay or expense would probably result, the Surveyor’s/Consultant’s liability for each incident or series of incidents giving rise to a claim or claims shall never exceed a sum equal to ten times the Surveyor’s/Consultant’s charges.

ELECTRONIC COMMUNICATION
By agreeing to the terms & conditions of the contract, you agree to receive periodic newsletters and technical bulletins via email. You may unsubscribe from this mailing list at any time.

PER
Timothy J. S. Martin
Director, Lewis Martin & Associates Ltd. (Marine Surveys Canada)