Survey Terms and Conditions
By signing this document you agree and acknowledge that the survey will be conducted in accordance with and subject to these terms and conditions.
Marine Surveys and Services Limited (“MSS”) is hereby authorized to proceed with the inspection and survey of the vessel identified below (the “Vessel”). MSS, in its sole discretion, may assign Darin Kennedy, principle surveyor of MSS, or designate another surveyor / inspector certified by the Society of Accredited Marine Surveyors (the “Surveyor”), The International Institute of Marine Surveyors or The American Boat and Yacht Council to perform the survey or the physical inspection of the Vessel.
The client identified below (the “Client”) hereby warrants that he/she/it is the lawful owner of the Vessel, or, in the event the undersigned is not the lawful owner of the Vessel, the undersigned represents and warrants that he/she/it has obtained express authorization from the legal owner of the Vessel for the survey to be carried out. The Client hereby confirms that all information provided to MSS is accurate and true.
SCOPE OF SURVEY
The Surveyor will carry out a marine survey in relation to the Vessel for the sole use of the Client in order to provide an objective opinion about the Vessel’s general condition and value (the “Survey”). The Survey may not be resold or relied on by any party other than the Client.
The intent of the Survey is to record and report only what is visually found at the time and place of the Survey. The Surveyor will endeavour to exercise reasonable judgment and to follow accepted professional standards and practices in the performance of the Survey. The Survey constitutes a limited report representing a limited inspection by visual means and soundings.
No portion of the Vessel will be examined by the Surveyor without complete and unobstructed access cleared of all storage items at the time of the Survey. The Vessel should be prepared for Survey with compartments unlocked, stores and excess equipment removed and maximum access to all areas of the Vessel provided. The Surveyor will not dismantle engines or machinery for evaluation, nor will any machinery or equipment be operated. The exterior of the machinery, tanks, belts, hoses, and piping will be visually inspected where normally accessible. No disassembly, analysis, sampling, compression, or pressure testing of mechanical systems will be undertaken unless separately arranged with MSS prior to the Survey.
The Client is responsible for all arrangements for hauling, blocking and launching the Vessel. The Client is solely responsible for all associated marina/boatyard costs to facilitate the Survey.
MMS will provide a detailed Survey report describing the condition of the Vessel, as observed by the Surveyor within a reasonable time frame, depending on current workload. All efforts will be made to complete Survey reports within seven to ten business days from the completion of the Survey. A verbal assessment will be provided upon completion of pre-purchase inspections.
LIMITATION OF LIABILITY
The undersigned Client accepts and understands the potential for errors and inaccuracies resulting from the inability to evaluate portions of the Vessel due to the limitations explained in these Terms and Conditions as well as any other limitations of the inspection.
The Client assumes responsibility for any damage to the Vessel during, before or after the Survey, howsoever caused, including damage caused by the negligence of MSS.
The Survey report does not express or imply a warranty or guarantee of the condition of the Vessel in any way. The Survey is only the opinion of the Surveyor based on limited visual inspection and possible limited tests. MMS and/or its surveyors shall not, under any circumstances whatsoever, be held responsible for any errors in judgment, or for any inaccuracy, omission or misstatement that is a result of any identified or unidentified limitation of the Survey.
The Client acknowledges and understands that MSS and/or the Surveyor shall not be liable for any consequential or incidental damages, whether foreseeable or not, whether arising out of a breach of any express or implied warranty, breach of contract, negligence, misrepresentation, strict liability in tort or otherwise, or for any use or inability to use the results of the Survey or any transaction undertaken or foregone in reliance upon such results, notwithstanding that MSS may have been advised or aware of the intended use of the survey results or the possibility of such damages. The aggregate liability for all damages and claims asserted by the Client or any other party, regardless of how such damages are asserted or caused, shall in no event exceed the total of all professional fees paid with respect to the Survey and services performed in connection with such claim. The Client agrees to indemnify and hold MSS and/or the Surveyor harmless from any and all claims, demands and/or lawsuits advanced by third parties in connection with the Survey.
It is understood that the Client has researched the design and construction of the Vessel, has determined the Vessel’s suitability for its intended purpose and is fully aware of the Vessel’s cosmetic condition. The Surveyor makes no determination of seaworthiness or evaluation of stability and/or handling characteristics of the Vessel.
Survey reports remain the property of MSS and are retained for normal business operations. The Client acknowledges that all reports shall not be forwarded to any other party without the express written consent of MSS.
MSS does not provide electronic copies of the Survey reports unless specifically requested by the Client. MSS could provide a summary of findings classified as “A” (issues in need of immediate attention) and/or “B” (issues which may enhance safety and/or the value of the Vessel) for pre-purchase inspections if requested by the Client. MSS may also provide an electronic version of a Survey report to brokers or underwriters in order for the Client to obtain insurance. A hard copy of a Survey report will be mailed to the Client by regular mail to the address provided by the Client, left on the Vessel or hand delivered to the Client by MSS, in MSS’s sole discretion.
Any and all disputes arising out of or in connection with MSS’s work and/or in connection with the Survey shall be decided pursuant to Canadian maritime law and provincial law where applicable, and shall be referred to arbitration in Toronto, Ontario in accordance with the rules of the Association of Maritime Arbitrators of Canada.
PAYMENT AND PROCESSING
The Client agrees to pay the full fee for the Survey, plus any travel expenses and HST. A non refundable deposit of $400 shall be paid by e-transfer at the time of booking the Survey or immediately after the initial booking. The full balance of the Survey fee shall be paid to MSS by e-transfer before Survey findings will be communicated to the Client or others. Transactions can also be processed on site if previously agreed with MSS. The Survey fee does not include a $15 service charge applied to all surveys, any boatyard costs, sea trial fees of $100/hour and mileage costs of $1/km, which are the sole responsibility of the Client unless alternative arrangements are made with MSS in advance. Until fees are paid in full, Survey findings will not be discussed or forwarded.
Independent of the primary Survey, MSS recommends that the Client consider contracting the services of qualified specialists to carry out expert inspections. Rigging, sails, machinery, marine systems and marine electrical systems can be inspected by MSS under a separate service contract. The Client understands that the cost and scope of work of such inspections are not included as part of the Survey.
ACKNOWLDEGEMENT AND SIGNATURE
By completing and checking the (agree to the terms and conditions box) on this form, the Client agrees and consents to these Terms and Conditions and the below statements:
I have read and understood these Terms and Conditions and understand that they may limit my legal rights.
I have obtained specific permission from the legal owner of the Vessel, or the owner’s authorized agent, for the purpose of conducting the Survey.
I hereby acknowledge that the Survey fee will have to be paid in full by e-transfer before Survey findings will be communicated.
I understand that MSS shall retain personal information on file for the sole purpose of future contact unless a request in writing is received to the contrary.