top gradient

Yacht and Boat Surveyors

NORTH EAST YACHT SURVEYS

TERMS AND CONDITIONS

All of our business is undertaken subject to our Standard Terms and Conditions, as detailed below.

A written copy of these Terms and Conditions is available on request.

Definitions

Agreed Indemnity Limit:    

in the amount of ten times the quoted, agreed or charged Survey Fee.  This is the maximum limit of our liability to the client, under any circumstances.

Client: 

The party at whose request and/or on whose behalf we undertake the survey.

Scope of work: 

The nature of the survey that will be conducted upon receipt of instructions given by, but not limited to, letter, fax, electronic mail, telephone.

Survey and Survey Report:                          

The survey and survey report that form the subject matter of this agreement.

Survey Fee: 

The agreed amount, which will be charged in accordance with clause 4 of the terms below, but not including the costs of travel, subsistence and accommodation fees where appropriate.

1.  Limitations of liability

1.1 All services and reports are provided for the named Client's use only.  No liability of whatever nature is assumed towards any other party and nothing in these terms, or the relationship between us and Client, shall confer of purport to confer on any third party a benefit or the right to enforce a provision of these terms.  The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Agreement and any person who is not a party to the Agreement shall have no right under the Act to enforce any term(s) of the Agreement

1.2 We shall undertake the services to which these terms relate with reasonable care, skill and diligence, but we shall have no responsibility or liability whatsoever except insofar as the client suffers loss or damage in consequence of our negligence, gross negligence or willful default.

1.3 Notwithstanding any other provision of these terms or any other agreement reached between the Parties, we shall not be liable under the Agreement for any loss or damage caused in circumstances:-

1.3.1 Where there is no breach of legal duty of care owed to the Client by us or those for whom we are responsible, or where, notwithstanding any breach as aforesaid, any loss or damage is not a reasonably foreseeable result of any such breach,

1.4 We shall not be responsible for loss or damage or any increase in loss or damage resulting from any material breach by the Client of any term of the Agreement.

1.5 Any claim by the client in respect of any breach of our obligations hereunder must be notified to us as soon as is reasonably practicable after the client becomes aware of the breach but no later than 6 months from the submission of the report.

1.6 The Client acknowledges and agrees that, for reasons of commercial practicality, it is necessary for us to limit our potential liability in respect of loss or damage suffered by the Client as a result of any breach by us of any of our obligations under the Agreement.  As such, the client acknowledges and agrees that no liability howsoever arising whether under the agreement or otherwise shall attach to us except insofar as such liability is covered by any professional indemnity insurance.  Under no circumstances shall our liability exceed a total of ten (10) times the fee payable.

1.7 Our liability shall not extend to particulars, data and other information given to us by others or obtained from outside sources, publications and the like reasonably relied upon by us, including but not restricted to Class records, registry details or other such information and no assurances can be given regarding the accuracy of the same.

1.8 Unless otherwise stated in writing, all services and reports are provided on the basis that they carry no guarantee regarding ownership or title, freedom from mortgages or, charges, debts, liens or other encumbrances, of vessel stability, performance or design.

1.9 The Client shall be responsible for any losses, expenses, or other costs reasonably incurred by us that are caused by a breach of the Clients obligations to us hereunder.

1.10 We shall not be liable in respect of any breach of our obligations hereunder resulting from unforeseeable causes beyond our reasonable control, e.g. adverse weather conditions, incapacity or bereavement.

1.11 Notwithstanding any other provision of the Agreement, where the Client is acting in the course of a business or commercial operation:-

1.11.1 Our liability shall expire six months after the date of the Survey Report and we shall thereafter have no further liability whether in contract, tort or otherwise;

1.11.2 In respect of any consequential or economic loss or for loss of profit or turnover or loss of use suffered by the Client howsoever arising, whether under the Agreement or otherwise, and without prejudice to the generality of the foregoing we shall not be liable for any consequences of late performance of the Survey and/or late delivery of the Survey Report;

1.11.3 In respect of any breach of our obligations hereunder of which written notification shall not have been given within 7 days of the date on which the Client ought reasonably to have become aware of the existence of such breach;

1.11.4 In respect of any loss, injury or damage sustained as a result of (i) any defect in any material or workmanship, or (ii) the act, omission or insolvency of any person other than ourselves, and we shall have no liability to indemnify the Client in respect of any claim made against the Client for any such loss, injury or damage.

Notwithstanding any other provision of the Agreement:
 
1.12.1 All survey work undertaken hereunder shall be on terms that, unless otherwise stated in writing, no guarantee is given against faulty design, latent defects or of suitability of the vessel or other item for any particular purpose or of compliance with any particular local, national or international requirement or code, and opinions are given without the benefit of running of machinery or opening up or other dismantling whether of interior linings, machinery or other items or systems.  Such survey conditions, reservation and restrictions will be specifically stated Survey Reports.

1.12.2 We shall have no liability whether in contract, tort or otherwise in respect of the consequences of late, incomplete, inadequate, inaccurate or ambiguous instructions, or the non-disclosure by the Client of relevant information.

2 Surveys

2.1 The Client's instructions received either by electronic means, including but not limited to email, telephone, etc or in writing, and the scope of our services hereunder, are as defined in the Scope of work.  Any subsequent changes of additions to the Scope of Work must be agreed in writing by the Parties.

2.2 The Client undertakes to:-

2.2.1 Ensure that full instructions are given to us and are provided in sufficient time to enable the required services to be performed effectively and efficiently.  The Client agrees to disclose to us all relevant information of which they have knowledge, or to which they have access, in relation to the vessel to be surveyed; and

2.2.2 Procure all necessary access to the promises and vessels (including lift-out. Trials and facility for inspection ashore and afloat as appropriate) for no less then such a time as shall in each particular circumstance be reasonable, to enable all appropriate inspections and tests to be undertaken of performed, and to and to ensure that all appropriate safety measures are taken to provide safe and secure working conditions, provided always that in the event of any breach of there requirements causing any  failure on our part to undertake the Scope of Work the Client shall be responsible for all consequential costs incurred by us and in respect of any element of the Scope of Work undertaken.

We undertake to:-

2.3 To the extent that we are so instructed, we will inspect the vessel as thoroughly as is practicable and will endeavour to comment on the more important items where, in our reasonable opinion, major costs consequences are considered likely to arise.  It follows that we cannot comment on every minor matter but we will try to point out where small factors may become more serious.  Our intention is to report on the integrity of the main structural or physical elements of the vessel so far as can reasonably be ascertained from a visual inspection of the vessel at its location at the time of survey.  The Client accepts that our survey report(s) cannot cover hidden, unexposed or inaccessible areas of the vessel; neither can we undertake to investigate areas that we believe to be inaccessible at the time of inspection.  Where we are unable to gain access to areas commonly accessible, we will endeavour to point this out.

3 Valuations

3.1 All valuation work undertaken shall be in accordance with the Scope of Work and shall be on terms that, unless otherwise stated in writing, such work relates solely to the date and place referred to.  Valuations are based on opinions only and are not representations of fact, nor do they carry with them any guarantee of the particulars or information on which opinions are based.  Valuations assume a willing buyer and willing seller and market conditions applicable at the time of valuation or such other date as is expressly referred to.  In the event that the valuation is a forecast of that which might obtain at some point in the future such valuation carries no guarantee nor is there warranty of watertight integrity, fitness for purpose of seaworthiness.

4. Fees

4.1 The survey fee shall become payable upon completion of the survey and shall be paid before release of the written report and all data connected with the report.

4.2 Fees shall be paid within 28 days of the receipt of the invoice or by terms as agreed in writing before commencement of the survey.  In the case of private individuals the fees shall be paid upon completion of the survey, as stated in 4.1.

4.3 Any sums remaining unpaid at the expiry of 28 days from the date of the submission of our invoice or terms as agreed shall bear interest thereafter, such interest to accrue from day to day at 2% above base rate.

5.  Miscellaneous

5.1 The copyright of all our documents shall remain our property and may not be reproduced in any form including placing in the public domain on the internet.