The Association shall be known and called the Marine Inspection Association, or MIA.
The purpose of the Association shall be to promote and facilitate the pre-sale inspection of second-hand sail and motor boats, using criteria supported by the Association. For this purpose the Association will use documents provided by NMK Media Ltd, which it and the Members are licensed by NMK Media Ltd. to use and administer as prescribed herein (“the MIA Reports”).
Members of the Association shall be suitably experienced marine surveyors, brokers and/or other individuals or corporations connected with the marine sector (“the Members”).
The Association is established by Peter Wallis, a marine surveyor, Boatshed Inc., an international yacht brokerage business and NMK Media Ltd. (“the Original Members”).
The current Chairman of the Association is Neil Chapman.
Members of the Association shall be approved and appointed by the Original Members.
A Member who, in the reasonable opinion of a majority of the Original Members, misconducted himself when applying for membership or has subsequently misconducted himself or otherwise behaved in a manner which is inconsistent with the aims of the Association or the standards expected of a surveyor or broker, or who has failed to pay to NMK Media Ltd. an amount properly due, shall be summarily expelled from the Association.
Surveyor Members of the Association (“Surveyor Members”) who carry out surveys of sail and motorboats arranged by yacht broker Members of the Association (“Broker Members”), or which are being sold by a Broker Member, are licensed by NMK Media Ltd. to use the MIA Reports for the purpose of the Association (“IPAs).
Surveyor Members agree to use the MIA Reports only in connection with the inspection, sale and purchase of sail and motor boats arranged by a Broker Member, or being sold by a Broker Member. A Broker Member cannot use the MIA Reports when undertaking inspections and surveys arranged by, or connected with the business of, a non Broker Member.
Surveyor Members shall charge fees for carrying out IPAs and producing reports at the rates which appear on the MIA website, which shall be determined by the Original Members.
When carrying out IPAs and producing reports, Members shall comply with the guides and protocols for so doing which appear on the MIA website.
The Rules of the Association can only be altered by the Original Members.
The Members acknowledge that NMK Media Ltd. may charge a Broker Member an Administration Fee or Commission to use the MIA Reports in, or in connection with, its business. Surveyor Members will not be charged to use the MIA Reports.
The Members shall keep confidential the MIA Reports and shall not provide a copy thereof to third parties, other than in accordance with the Rules of the Association.
The Rules of the Association are subject to English law and any dispute hereunder shall be referred to Arbitration in London, pursuant to the Arbitration Act 1996.