Terms & Conditions

MARINE SURVEY AGREEMENT

Terms and Conditions

Under this contract the consultant will perform a marine survey for the sole use of the Customer or client listed in the report and for the vessel listed below, to provide an objective opinion of the vessels general condition & value. The consultant works solely for the customer requesting the survey, who may be the buyer, seller, broker, agent or insurance underwriter. The survey will include a comprehensive visual evaluation of the vessel utilizing the mandatory standards, law, regulations and Recommended Practices. The report may not be re-sold or relied upon by anyone other than the person listed as client or customer in the report.

The scope of Survey:

The purpose of a Marine Survey is to provide the customer information with which to make an “educated” evaluation about the condition and value of the vessel. Consultant’s survey inspection is to gather facts to provide a professional opinion of the vessel’s structure, systems, cosmetics, levels of compliance with currently applicable mandatory and voluntary standards, and common practices, to the extent possible within limitations of visual and physical accessibility using non-invasive / non-destructive means. Electronic and electrical equipment, wiring, connections, and systems’ installments will be externally inspected and/or tested by attempting to power up and observe apparent function if requested. Unless a test-run (sea trial) is requested, the operation of the propulsion engine(s) and steering system is observed in static mode and only if the vessel is afloat. If the vessel is dry-docked and/or winterized, no machinery or winterized systems will be operated. The bottom of the vessel should be inspected, but the customer will be responsible for arranging to haul out before the survey. If the customer desires engine testing and sea trial, the customer must request in writing and pay additional fees, and the owner and/or its captain must pilot the vessel. Be aware that anything the surveyor tells you verbally during the survey is subject to change. The consultant’s report may confirm or reject claims by other parties about the vessel which consultant is informed.

Survey Report: A written survey report will provide a comprehensive evaluation of the vessel and a list of findings and recommendations for corrections and faults. Recommendations are divided into three categories:
“A. Regulatory Deficiencies” – State Statute, or other legal requirements as cited.
B. Standards Minimum Safety Recommendations
C. Surveyor’s Notes and Observations” – Unless specifically stated, we know of no published standard or requirement governing the deficient item listed; however we suggest the item be addressed based upon good practice and/or maintenance.

Conditions: Consultant must have unimpeded access to the vessel for the entire day. Customer owning vessel may be present at the survey to open any locks and provide a complete Boarding Agreement. While the customer (and Owner, if different) are welcome to attend the survey, please DO NOT invite others to attend. This is necessary to allow the consultant to inspect and to minimize the risk of injury. The consultant is not responsible for moving or unloading items on the vessel, so the survey report will reflect that such areas are loaded and could not be inspected. Statement of Limitations: The field of the marine survey is not an exact science. The survey report represents a statement of the consultant’s professional findings and opinions only, in the reasonable exercise of his or her professional judgment based on his or her experience and the totality of information available. The customer is cautioned that this is a limited report representing a limited inspection by visual means and soundings. Inspection of areas normally concealed, areas requiring disassembly of the vessel, removal of components or parts, or the operation of equipment is not included unless otherwise agreed upon in writing. Destructive testing cost estimating, calculations of moisture content, the prognosis for osmotic blistering and determining the extent of corrosion or decay are beyond the scope of this survey. Additional investigation by specialized examiners, destructive evaluation, etc., may be required to fully evaluate the internal and hidden components that make up the vessel. It is neither practical nor cost-effective to locate and list every observable cosmetic deficiency. Certain parts of the hull and structure, equipment, auxiliaries, piping, tanks, systems and machinery that would require access with tools or by removing decking, bulkheads, headliners, tanks or other destructive methods, will not be inspected. If dirt, marine growth, coatings build-up, rust or corrosion obscures consultant’s ability to inspect, a notation will be made in the report.No mechanical tests are performed nor are fluid samples drawn on propulsion or auxiliary generating machinery unless expressed in writing. Only the installation and external condition of machinery and accessories are visually inspected. If the customer desires a partial or complete mechanical inspection of the engine(s) and/or generator(s), this should be expressed in writing to arrange for the appropriate mechanical technician to be present if the skill is more than the consultant. A vessel’s parts and systems have a limited “useful life” that can vary widely based upon original material specifications, fabrication, and manufacturing techniques, atmospheric exposures, history of use, etc. It is not possible, with an external inspection, to guarantee the discovery of hidden flaws. These systems and parts often give no visually detectable indication of deterioration or impending failure. Thus, the consultant does not warranty the vessel, nor any of its internal components. The survey consultant retains the right (but not the obligation) to revise its report if additional information is discovered that may materially affect the findings and opinions. The consultant will include market analysis and may be considered a fair assessment of a Market Value.

Dispute Resolution Clause: Disputes arising from this contract shall be adjudicated exclusively in arbitration or mediation, and all parties waive any rights to a jury trial. By signing this contract the customer understands the statement of limitations listed above and that the consultant’s fees for services represent the monetary extent of liability in any judgment.

CONSULTANT DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS AND WARRANTIES, EXCEPT AS EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY, WITH RESPECT TO ANY VESSELS INSPECTED AND ANY SERVICES AND REPORTS FURNISHED, INCLUDING WITHOUT LIMITATION THE CONDITION, THE CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION OR PROCEDURAL STANDARDS, AND THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. NEITHER CONSULTANT NOR ANY OF ITS AFFILIATES, PRINCIPLES, EMPLOYEES, OFFICERS, AGENTS OR REPRESENTATIVES, EXPRESS ANY OPINION AS TO THE SEAWORTHINESS OF ANY VESSEL SURVEYED OR THE OPERATING CONDITION OF THE ENGINE OR ANY ELECTRICAL OR MECHANICAL SYSTEMS PRESENT ON OR ABSENT FROM SAID VESSEL. CONSULTANT SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES WHETHER FORESEEABLE OR NOT, WHETHER ARISING OUT OF THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY IN TORT OR OTHERWISE OR BASED ON ANY SERVICES PROVIDED, NOR ANY USE OR INABILITY TO USE THE RESULTS REPORTED OR ANY TRANSACTION UNDERTAKEN OR FOREGONE IN RELIANCE UPON SUCH RESULTS, NOTWITHSTANDING THAT WE MAY HAVE BEEN ADVISED OR AWARE OF THE INTENDED USE OF THE SURVEYOR SURVEY RESULTS OR THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY FOR ALL DAMAGES AND CLAIMS ASSERTED BY CUSTOMER, REGARDLESS OF HOW ASSERTED, SHALL IN NO EVENT EXCEED THE TOTAL OF ALL PROFESSIONAL FEES PAID WITH RESPECT TO THE SURVEY AND SERVICES PERFORMED WHICH ARE THE SUBJECT OF SUCH CLAIM. OUR SERVICES AND REPORT, AND THIS LIMITED WARRANTY ARE OFFERED SOLELY FOR CUSTOMERS BENEFIT AND MAY NOT BE RELIED UPON OR USED BY ANY OTHER PERSON OR ENTITY WITHOUT OUR ADVANCE WRITTEN CONSENT. TYPES OF SURVEY

FEE: Consultants fee is per agreed project cost. A non-refundable retainer and/or payment as quoted is required prior to the examination. The fee will not include travel and other expenses. Engine mechanical, electrical, sea trial and oil testing are available for an additional charge. These charges can be greatly minimized through preparation prior inspection, such as haul out, blocking, pilot.