Our Terms and Conditions
Our Terms and Conditions
Please read our Terms and Conditions very carefully. Marine Surveyors are required to work within the scope of their instructions and to ensure there are no misunderstandings before during or after the requested survey of their vessels.
Please confirm in your instructions, to whom the report be addressed and the scope of your survey, by e mail to ngould@hkstar.com
Survey of Vessels:
The following provisos are included within the quotation for the survey:
1. Provide a Copy of vessels Certificate of Ownership and copy of the Operating License showing principal particulars and the vessels owner.
2. The name of the seller and buyer and any finance company involved, if appropriate.
3. All personal items stored in the under-deck area, forward rope locker and engine room to be removed to enable inspection of these spaces. If these are not removed, we will not inspect the spaces unless we have a waiver of liability from the owner(s).
4. Seaworthy Surveys is not responsible for arranging the coxswain for sea trials or the slipway. This should be agreed upon between owner and buyer.
5. If the vessel is to be sailed by the surveyor or his nominated captain to the slipway or to undergo sea trials during the survey:
a) The fuel tank should have sufficient fuel for a return trip.
b) The batteries to be fully charged to enable operation of the engine and toilets and associated machinery.
c) The engine cooling system to be filled.
d) All engine instruments to be operational.
e) All shore connections to be disconnected i.e. fresh water supply, electricity and telephone lines (mooring ropes too)
f) Steering gear to be fully operational.
g) All loose items to be secured.
h) Below water surveys on the slipway or slings, anti-foul paint, marine growth, algae and barnacles are to be jet washed away to enable inspection of the hull.
The above requirements are intended to reduce the possibility of unforeseen accidents. Please note that Seaworthy Surveys cannot be held liable for any loss or damage during the survey.
Our Standard terms & conditions for surveying and consultancy
1. Definitions
"Surveyor"/"Consultant" is the Surveyor/Consultant trading under these conditions.
"Client" is the party at whose request or on whose behalf the Surveyor/Consultant undertakes surveying services.
"Report" means any report or statement supplied by the Surveyor/Consultant 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/Consultant to the Client and including any value added tax where applicable and any Disbursements
2. Scope
The Surveyor/Consultant shall provide its services solely in accordance with these terms and conditions.
3. Report
The report will be prepared specifically for the client(s) and is for his (their) use only but remains the copyright of surveyors, Seaworthy Surveys. Copies in whole or in part should not be released to, or consulted by other parties without the express prior permission of the surveyor. Whilst all due care and diligence will be exerted in the collection of data and the preparation of the report, Seaworthy Surveys purports to provide an advisory service only based on the opinion and the experience of the individual consultant responsible for its compilation. Seaworthy Surveys issues such advice in good faith and without prejudice nor guarantee. Anyone wishing to rely on such opinion should first ratify themselves as to its accuracy and feasibility. Seaworthy Surveys shall not be liable (including indirect nor consequential loss), damage delay, loss of market costs, expenses of whatsoever nature or kind and however sustained or occasioned. Notwithstanding the aforementioned, notice of a claim or suit must be made to Seaworthy Surveys in writing within 90 days of the date the services were first performed or the date the damages were first discovered, whichever is the latter, failing which lack of notice shall constitute an absolute bar to the claim or suit against Seaworthy Surveys.
This report carries no warranty regarding ownership of the vessel or any warranty regarding outstanding mortgage, charge or other debt there may be on the vessel. The survey is personal and confidential to our client and has no extended warranty if disposed to a third party for any purpose without the permission of Seaworthy Surveys.
The report will not address stability, vessel performance, measurements of spaces or overall design and no warranty is conveyed under these headings.
During the survey, Machinery will not be opened up for inspection or compression tests carried out. The propeller shaft will not be drawn and the propeller and cone will not be removed from the shaft. No chemical tests will be carried out on fuel and water For sailing vessels, rigging at deck level only will be commented on. An expert should be appointed if a full rigging survey is required. We recommend that a pest control expert be appointed to assess whether termites or cockroaches are present
4. Survey
The survey will be a factual report on the inspection carried out and the opinions expressed will be given in good faith as to the condition of the vessel as seen at the time of the survey. The survey will not imply guarantee, no safeguard against latent defects, subsequent defects or defects not discovered at the time of the survey in the woodwork or areas of the vessel which are covered, unexposed, or not accessible to the surveyor internally due to the installation of non-removable linings, panel and internal structures etc. The survey will be visual in nature only. Seaworthy Surveys accepts no responsibility or liability in relation to any part of the vessel which cannot be accessed or viewed. Seaworthy Surveys cannot comment in relation to any patent or latent damage, including termite infestation, relating to areas not examined.
No evaluations of the internal condition of the engines, generators, V drives, sail drives, stern drives and gears and the propulsion system’s operating capacity has been checked. it is recommended that the internal conditions of the engines and associated parts be determined by a qualified engineer. Oil samples will not be drawn unless specifically requested and then quoted upon. If the vessel was surveyed afloat which prohibited the survey of all external areas of the vessel below the waterline. For this reason, all external areas of the hull plus appendages, fixtures, fittings and stern gear located below the waterline are excluded from this survey report. It should be noted that the condition of the vessel below the waterline may have an adverse effect on the valuation provided (herein).
Noise, vibration levels, shaft speed/torque, bollard pull, steering, paint work, adjustment of magnetic compass, may be commented upon; it’s condition to be determined by a qualified engineer or inspector.
No ultrasound testing of the shell plates or tanks is undertaken during the survey.
Electronic and electrical equipment may be tested whilst powering up, only when power is already electrically connected. A complete analysis of the vessels electrical system would require the services of a qualified marine electrician. Only the external visual condition of wiring, connections and panels is reported. Fuel burning equipment or appliances will be visually inspected and not be started or ignited by the surveyor; its condition is to be determined by a qualified gas technician
Any reference to bronze, brass, aluminium, stainless steel metals, is a colour reference for convenience only, as the actual metallurgy cannot be determined without laboratory testing. References to types of Plastics, PVC, Plexiglass. composites are for convenience and cannot be determined without laboratory testing.
Blisters are an unknown factor on all boats and, if not currently present, there is no guarantee that they will not appear in the future. Blisters have a tendency to dry out over winter storage unless severe or large. Blisters (if any) best appear after a vessel has been in water for an entire season. In addition, the symptomatic evidence of blistering can be obscured by bottom coatings, a dry storage period during which blisters spontaneously depressurise, bottom laminate sanding and other conditions or actions. Recommend full inspection for blisters immediately after haul-out and power wash. Surveyor has no first-hand knowledge of the history of bottom maintenance, blistering, repairs or prophylactic coatings on the vessel surveyed.
It is in the nature of marine vessels for deterioration, wear and accidents to occur and as such, this report represents the condition of the vessel only at the time of this survey.
Inventories, tenders and toys are not part of the survey.
The vessel is surveyed without the removal of any parts, including fittings, screwed or nailed board, anchors and chains, fixed partitions, instruments, clothing, spare parts and miscellaneous materials in the bilges and lockers or other fixed or semi-fixed systems items, locked compartments or otherwise inaccessible areas. Further no determination of stability characteristics or inherent structural integrity has been made and no opinion is expressed with respect thereto. The survey report represents the condition of the vessel on the date surveyed and is the unbiased opinion of the undersigned, but it is not to be considered an inventory or a warranty either specified or implied.
Some parts of the survey are limited by not being invasive.
Statutory and class certificates, oil record books and management systems to be available for inspection on board (Super Yachts >24m).
Neither Seaworthy Surveys Ltd, nor the undersigned, shall be held responsible for any error of judgment or omission of facts.
5. Valuations
Any normal vessel valuation for any purpose, other than the current cost of building a new identical vessel or a forced sale valuation, the valuation will be determined within the current open market conditions between willing buyer and seller.
6. Work
The Client will set out in writing the services which it requires the Surveyor/Consultant to provide. The Surveyor/Consultant 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/Consultant and the Client have agreed what services are to be performed (the Services) any subsequent changes or additions must be agreed by both parties in writing.
7. Payment
The Client shall sign the letter of engagement/quotation. Seaworthy Surveys Ltd will send the invoice for the Surveyor/Consultant's Fees which are to be paid in advance; there after the booking is deemed to be confirmed. The Client shall pay the Surveyor/Consultant's Fees prior to delivery of our report. Please note that our reports are the copyright of Seaworthy Surveys, Hong Kong. If payment for our services is not forthcoming you are advised that copyright is withheld. You may not use, copy, disseminate or action the advice and recommendations given in the report until payment has been received, at which time a release will be issued. Any delay in payment shall entitle the Surveyor/Consultant to interest at 8% above the Base Lending Rate of the Bank of England prevailing at the time of default. “ If payment is received from you for our services you will be deemed to have accepted our terms and conditions. This will apply even in the absence of signed agreement to the terms and conditions”
8. Obligations and Responsibilities
(a) Client: The Client undertakes to ensure that full instructions are given to the Surveyor/Consultant 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/Consultant 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/Consultant shall not be liable for the consequences of late, incomplete, inadequate, inaccurate or ambiguous instructions.
(b) Surveyor: The Surveyor/Consultant shall use reasonable care and skill in the performance of the services in accordance with sound marine surveying/consulting practice.
(c) Reporting: The Surveyor/Consultant shall submit a final written Report to the Client following completion of the agreed Services describing the Surveyor's/Consultant'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/Consultant 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/Consultant remains the property of the Surveyor/Consultant.
(f) Conflict of Interest/Qualification: The Surveyor/Consultant 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/Consultant to continue its involvement with the appointment. The Client shall be responsible for payment of the Surveyor/Consultant's Fees up to the date of notification.
9. Liability
(a) Without prejudice to Clause 7, the Surveyor/Consultant 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/Consultant or any of its employees or agents or subcontractors.
(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/Consultant aforesaid, then, save where loss, damage, delay or expense has resulted from the Surveyor's/Consultant'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/Consultant'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 five times the Surveyor's/Consultant's charges or HK$65,000.00 whichever is the greater.
(c) Without prejudice to (a) and (b) above, the Surveyor/Consultant 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.
10. Indemnity
Except to the extent and solely for the amount therein set out that the Surveyor/Consultant would be liable under Clause 7, the Client hereby undertakes to keep the Surveyor/Consultant 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/Consultant may suffer or incur (either directly or indirectly) in the course of the Services under these Conditions.
11. Force Majeure
The Surveyor/Consultant 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 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.
12. Insurance
The Surveyor/Consultant shall effect and maintain, at no cost to the Client, Professional Liability Insurance for such loss and damage for which the Surveyor/Consultant may be held liable to the Client under these terms and conditions.
13. Surveyor's/ Consultant's Right to Sub-contract
The Surveyor/Consultant 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 subcontract the Surveyor/Consultant shall remain fully liable for the due performance of its obligations under these Conditions.
14. Time Bar
Any claims against the Surveyor/Consultant by the Client shall be deemed to be waived and absolutely time barred upon the expiry of 3 months from the submission date of the Report to the Client.
15. Jurisdiction and Law
These Conditions shall be governed by and construed in accordance with the laws of Hong Kong and any dispute shall be subject to the exclusive jurisdiction of the Hong Kong Courts.