Terms & Conditions

1. Guidelines

The guidelines for our surveys are provided for the most part by the United States Coast Guard (USCG), Code of Federal Regulations (CFRs), and the International Maritime Organization’s 1973 International Convention for Prevention of Marine Pollution (MARPOL) regulations and National Fire Protection Association (NFPA), the American Boat and Yacht Council (ABYC) voluntary recommended standards. The value guidelines are the current edition of the BUC or NADA book along with current market conditions as posted on www.soldboats.com.

The survey of a vessel is based solely on a careful visual inspection of all accessible portions of its hull and related equipment. Unless specifically stated otherwise in our report, the vessel is surveyed without the removal of any parts, including but not limited to fittings, tacked carpet, screwed or nailed boards, anchors and chains, fixed partitions, instruments, clothing, spare parts and miscellaneous materials in the bilges and lockers, or other fixed or semi-fixed items. Locked compartments or otherwise inaccessible areas were also precluded from inspection. The client is advised to open all such areas for further inspection. Further, no determination of stability characteristics or inherent structure integrity is made and no opinion is expressed with respect thereto.

While Yacht Surveyors, Incorporated exercises due diligence and applies its professional knowledge, skill, and experience in an effort to identify conditions that do not conform to the foregoing standards and guidelines, the Client acknowledges that no survey, however thorough, can disclose every defect, deficiency, or nonconformity that may exist. Latent defects, intermittent conditions, and conditions concealed within the structure or within inaccessible areas may not be detectable by visual inspection. Accordingly, the survey report represents the Surveyor’s professional opinion of the vessel’s condition as observed on the date of inspection only, and is intended solely as a guide to assist the Client in evaluating the vessel. The report does not constitute, and shall not be construed as, a warranty, guarantee, or certification, express or implied, as to the vessel’s condition, seaworthiness, fitness for any particular purpose, or value. The Client is advised to obtain such further inspections, tests, or opinions from qualified specialists as the Client deems prudent.

2. Acceptance and Use of Our Report

Acceptance and use of our report by the client acknowledges the client’s understanding that the report has been composed of information that is believed to be true after reasonable investigation and inquiry but is not warranted to be so. The information was obtained without drilling, diving, ultrasonics, cleaning or opening up to expose parts or conditions ordinarily concealed. There were no tests for tightness or soundness conducted other than the conditions noted visually.

Acceptance and use of our report acknowledges the client’s understanding that no determination of stability or structural strength has been made and no opinion is expressed.

Acceptance and use of our report acknowledges the client’s understanding that Yacht Surveyors, Incorporated does not accept any responsibility for damage or deterioration not found or discovered during the course of survey, nor for consequential damage, deterioration or loss due to any error or omission.

The Client hereby undertakes to keep the Surveyor/Consultant and its employees, agents and subcontractors 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 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.

Notwithstanding the above clause, in the event that the Client proves that the loss, damage, delay or expense was caused by the negligence, gross negligence or willful 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 ten times the Surveyor’s/Consultant’s charges.