Terms & Conditions
1. Definitions
“Surveyor” is the Surveyor trading under these conditions.
“Client” is the party at whose request or on whose behalf the Surveyor undertakes surveying services.
“Report” means any report or statement supplied by the Surveyor in connection with instructions received from the Client.
“Disbursements” means the cost of all reasonable photography, reproduction of drawings, diagrams, sketches and printing, duplicating and, where applicable, electronic transmission fees, and all reasonable and appropriate expenses including travel, subsistence and hotel accommodation where an overnight stay is necessary.
“Fees” means the fees charged by the Surveyor to the Client, including any value-added tax where applicable and any Disbursements.
2. Scope
The Surveyor shall provide its services solely in accordance with these terms and conditions.
Pursuant to the Scope of Work, the Surveyor will inspect the vessel as thoroughly as is practicable and endeavour to comment on the more important items where, in the Surveyor’s reasonable opinion, major cost consequences are considered likely to arise. It follows that the Surveyor cannot comment on every minor matter, but the Surveyor will try to point out where small factors may become more serious.
The Client accepts that the Surveyor’s report cannot cover hidden, unexposed or inaccessible areas of the vessel, neither can the Surveyor undertake to investigate areas that the Surveyor believes to be inaccessible at the time of inspection. Where the Surveyor is unable to gain access to areas commonly accessible, the Surveyor will endeavour to point this out.
3. Work
The Client will set out in writing the services which it requires the Surveyor to provide. The Surveyor will confirm in writing that it accepts those instructions or alternatively what services it will perform in connection with the Client’s instructions. Once the Surveyor and the Client have agreed on what services are to be performed (the Services), any subsequent changes or additions must be agreed by both parties in writing.
4. Payment
The Client shall pay the Surveyor’s Fees punctually in accordance with these Conditions. Invoices will be submitted in respect of all fees and expenses when due, and the amount of each invoice shall be settled 24 hours prior to the survey inspection.
5. Obligations and Responsibilities
(a) Client: The Client undertakes to ensure that full instructions are given to the Surveyor and are provided in sufficient time to enable the required Services to be performed effectively and efficiently and to procure all necessary access for the Surveyor to goods, premises, vessels, installations and transport and to ensure that all appropriate safety measures are taken to provide safe and secure working conditions. The Surveyor shall not be liable for the consequences of late, incomplete, inadequate, inaccurate or ambiguous instructions.
(b) Surveyor: The Surveyor shall use reasonable care and skill in the performance of the services in accordance with sound marine surveying practice.
(c) Reporting: The Surveyor shall submit a final written Report to the Client following completion of the agreed Services describing the Surveyor’s findings and the condition and/or quality of the object and/or purpose of the assignment, unless otherwise expressly instructed by the Client not to do so.
(d) Confidentiality: The Surveyor undertakes not to disclose any information provided in confidence by the Client to any third party and will not permit access to such information by any third party unless the Client expressly grants permission save where required to do so by an order of a competent court of law.
(e) Property: The right of ownership in respect of all original work created by the Surveyor remains the property of the Surveyor.
(f) Conflict of Interest/Qualification: The Surveyor shall promptly notify the Client of any matter including conflict of interest or lack of suitable qualifications and experience, which would render it undesirable for the Surveyor to continue its involvement with the appointment. The Client shall be responsible for payment of the Surveyor’s Fees up to the date of notification.
6. Liability
Any claim by the Client in respect of any breach of the Surveyor’s obligations under this agreement must be notified to the Surveyor as soon as is reasonably practicable after the Client becomes aware of the breach. Where any breach is capable of remedy, the Surveyor must be afforded a reasonable opportunity to put matters right at his expense.
(a) Without prejudice to Clause 7, the Surveyor shall be under no liability whatsoever to the Client for any loss, damage, delay or expense of whatsoever nature, whether direct or indirect and howsoever arising UNLESS same is proved to have resulted solely from the negligence, gross negligence or wilful default of the Surveyor or any of its employees or agents or sub-contractors.
(b) In the event that the Client proves that the loss, damage, delay or expense suffered was caused by the negligence, gross negligence or wilful default of the Surveyor aforesaid, then, save where loss, damage, delay or expense has resulted from the Surveyor’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 liability for each incident or series of incidents giving rise to a claim or claims shall never exceed a sum calculated on the basis of ten times the Surveyor’s charges or NEVER greater than the value of the vessel.
(c) Without prejudice to (a) and (b) above, the Surveyor shall not be liable for loss of or damage to physical equipment and property placed at its disposal by, or on behalf, of the Client however such loss or damage occurs, unless such loss or damage was caused by act or omission committed with intent to cause some or recklessly with knowledge that such loss or damage would probably result.
7. Indemnity
Except to the extent and solely for the amount therein set out that the Surveyor would be liable under Clause 6, the Client hereby undertakes to keep the Surveyor and its employees, agents, and sub-contractors 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, but not limited to, legal costs and expenses on a full indemnity basis) which the Surveyor may suffer or incur (either directly or indirectly) in the course of the Services under these Conditions.
8. Force Majeure
The Surveyor and/or the Client shall not, except as otherwise provided in these Conditions, be responsible or have any liability for any loss, damage, delay or failure in performance hereunder arising or resulting from an act of God (including, but not limited to earthquake, flood, tsunami, volcano, hurricane, tropical storm, cyclone, blizzard or other similar event), act of war, terrorist attack, nuclear contamination, seizure under legal process, epidemic quarantine restrictions, strikes, boycotts, lockouts, riots, civil commotions and arrest or restraint of princes, rulers or people. Following a force majeure event, either party may serve notice on the other to terminate the agreement.
9. Insurance
The Surveyor shall effect and maintain, at no cost to the Client, Professional Liability Insurance for such loss and damage for which the Surveyor may be held liable to the Client under these terms and conditions.
10. Surveyor’s/ Consultant’s Right to Sub-contract
The Surveyor shall have the right to sub-contract any of the services provided under the Conditions, subject to the Client’s right to object on reasonable grounds. In the event of such a sub-contract, the Surveyor shall remain fully liable for the due performance of its obligations under these Conditions.
11. Time Bar
Any claims against the Surveyor by the Client shall be deemed to be waived and absolutely time-barred upon the expiry of one year from the submission date of the Report to the Client.
12. Jurisdiction and Law
These Conditions shall be governed by and construed in accordance with the laws of England and Wales, and any dispute shall be subject to the exclusive jurisdiction of the English Courts.
Limitations
1. Introduction
A condition survey provides an opinion on the structural condition of all visible and significant aspects of the structure of the vessel as presented for the survey, with particular reference to the hull condition.
2. Equipment
Machinery, ancillary equipment, gas, electrical, electronic, pumping and plumbing equipment, sewage treatment plant, refrigeration equipment, air conditioning, navigational aids, other sundry services and tankage are inspected only for visual appearance and installation standards, without dismantling or specific test.
3. Hull
Hull condition is assessed by general non-destructive examination and by assessment of the condition of sample areas. Where hulls carry heavy layers of marine growth, paint, pitch, or epoxy finishes, the condition of all areas of the substrate cannot be guaranteed, and the condition can only be estimated on the basis of the evidence gleaned from sample areas scraped clean. The survey does not provide an opinion on the condition of areas not presented visible, for example, behind linings, beneath fixed flooring, etc unless these are accessible through visible access panels. The survey should not be taken to preclude completely the existence of isolated damage or deterioration concealed by paints, fillers or other means. Abrasive cleaning of the hull by blasting or needle gunning, etc., post-survey may well uncover issues that were not discovered during the inspection; The Surveyor can not be held liable for such defects.
4. Engine & Generator
The engine and generator installations are inspected visually, and (where possible, if presented in commission) the engine is run up to assess its general characteristics, vibration levels, etc. No dismantling of the engine or associated equipment is carried out within the scope of a condition survey, so no detailed comment upon the condition of internal parts is possible without a separate full strip down and mechanical survey.
5. Service Installations
Electrical, plumbing, heating and other services are inspected where visible but not operated unless presented in commission. Electrical wiring is inspected visually (only) in all cases.
6. Gas Installation
The bottled gas installation is inspected visually only, and pressure tests are not undertaken within the scope of this survey. All gas systems should be regularly tested as part of a normal preventive maintenance routine, and the installation of a bubble leakage tester, which permits simple, non-invasive regular checks on the integrity of the system, is strongly recommended.
7. Tanks
Tanks are inspected where visible but not internally and are not pressure tested. Windows, hatches and external doors are not tested for watertightness. Hull fastenings and skin fittings are not withdrawn for inspection.
8. Valuation
Any estimate of valuation provided is based on known average retail values achieved by craft of similar type and condition in the same location and should not be confused with the replacement value, which may be substantially higher, particularly in the case of rare or unusual boats.
9. Particulars
Particulars such as registration numbers, tonnage, build year and dimensions are normally stated as advised or as exhibited aboard the vessel and are not authenticated. Dimensions, if checked, are measured by means of steel tape measures and should not be relied upon as to total accuracy. This survey does not seek to establish that a clear title to the vessel exists or that it is being offered for sale free from all debts and encumbrances.
10. Usage
Unless specifically instructed to the contrary, the inspection and any comments made relative to the design, performance or suitability of the vessel are based on the assumption that the vessel will be used as a private pleasure boat in the waters for which it was designed. Unless specifically stated to the contrary this inspection and report does not seek to address compliance with any national or international codes, standards or regulations.
11. Legal
This report is prepared solely for the benefit of the client to whom it is addressed and by whom it was commissioned and no responsibility is accepted to any third party to whom the report may be passed or sold. This survey contract shall be governed by and construed in accordance with English law. Any dispute arising hereunder shall be submitted to the exclusive jurisdiction of the Courts of England and Wales. No responsibility for any consequential losses arising, including but not limited to loss of profits, loss of use or business interruption.