Terms

Simply put - "No cash, No splash".

In other words, 100% of the fees plus estimated expenses on the day of the survey - no exceptions.

No verbal or written report will be made without payment.

Limitations and Exclusions

• The report will be issued solely and exclusively to The Client in confidence and Kim Skov-Nielsen (the surveyor) is under no circumstances liable to any other person or organization for any aspect of this report.
• The survey will be carried out without opening up (i.e. without removing furniture, fittings, linings, lockers, engines, machinery, and/or wiring).
• The surveyor will not inspect woodwork, steelwork or glass-fiber scantlings or any other parts of the structure, which was covered, unexposed or inaccessible, and the surveyor is, therefore, unable to report that any such parts of the structure are free from defects.
• It is possible that additional defects will come to light at a time when full or better access is available. Areas, which could not be seen during the inspection, because for instance, they are currently hidden or inaccessible or could not be inspected, may have defects not listed in this report. Defects which are reported may be found to be more serious, and perhaps much more serious, when opened up. It is common experience that this happens on many vessels of all types.
• When a repair technique is suggested, it may be emphasized that this is not necessarily the only method that can be used. Whether or not a repair procedure is recommended, it normally but not always advisable that the technique that the repairer uses is one he is fully familiar with provided it is a satisfactory one. Since techniques vary, in some cases no recommendation is made in this report.
• The survey is based on the observed condition of the vessel, and is not a warranty, either expressed or implied. Latent defects that cannot be determined without opening up or removal of decking, sheathing, joinery, furniture and/or assembly or disassembly of all machinery including plumbing, engines, wiring, etc, are not covered by this survey report.
• The survey does not expressly or impliedly warrant, or in any way guarantee the condition of the vessel.
• Whilst the surveyor always guarantees to use his best endeavours to avoid damaging the vessel, the principal indemnifies the surveyor for any damage caused in the course of his inspection.
• It is agreed by The Client that Kim Skov-Nielsen, DipMarSur, MIIMS, SAMS AMS, shall in no circumstances be held liable for any loss or damage caused by, or resulting from any error or omission in this report, or arising out of, or related to the performance or non-performance by the surveyor's work in connection with this report.

Law

(A) Law & Jurisdiction

This document is to be construed under the Law of the Kingdom of England and any dispute is to be settled in London in accordance with the Limitations and Exclusions hereto.

(B) Data Protection

The recipient's name, personal data and other information given in this report and all details of the vessel reported herein are the intellectual property of Kim Skov-Nielsen and these documents contain confidential information which is legally privileged and is intended for use of the addressee only. All information contained herein is covered by the EU data Protection Directive (95/46/EC)

(C) Copyright

The report, the international Copyright A of which is vested and remains the property of Kim Skov-Nielsen, is personal and confidential to the named client, is non-transferable, applies to the addressee only and must not be copied, re-produced, kept in any bank, stored in any retrieval system or transmitted in any form or by any means whatsoever or sold to any third party without the prior written consent of the copyright holder. Such unauthorised transfer of either the whole or part of this report would be regarded as a breach of copyright and the EU Data Protection Directive (95/46/EC).

(D) Disclaimer

Whilst every effort has been made to ensure the accuracy of the information presented in the report it must be clearly understood that is must NOT be construed as a guarantee or warranty as to the condition of the subject vessel if she is sold or transferred to a third party and no duty of care is allowed to any such third party. The report is issued without prejudice and in uberrimae fidei as a statement of facts ascertained at the time of the survey during which due diligence and reasonable skill were exercised and reasonable care was taken using common professional practise and, where available guidelines or Codes of Practice such as and including those published by the International Institute of Marine Surveyors and The Society of Accredited Marine Surveyors.

(E) Guarantee and/or Warranty

The report does not constitute either a guarantee or warranty as to the condition of parts it was not, for any reason whatsoever, possible to see at the time of the survey nor it does not follow that each and every defect was found during the inspection. No responsibility will be accepted for any faults, defects or changes subsequently arising. No guarantee against faulty design or latent defects is expressly stated or implied nor is any guarantee given that the vessel is suitable for any particular purpose.

(F) 'Seaworthiness'

This term has never been defined in English Law and I specifically draw your attention to the fact that, legally, in addition to the structural and mechanical items in this reported upon herein, the term 'seaworthy' also encompasses a number of items clearly outside the scope of a general condition survey and therefore, not within the purview of the surveyor and is solely the Owner's responsibility to warrant such other 'Seaworthiness items' to any Insurance Underwriter as required by the terms of the Insurance Contract under 1906 Marine Insurance Act.