The survey will be prepared without prejudice and submitted in good faith.
Acceptance and use of this report by the client acknowledge 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, ultrasonic, 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.
A qualified engine tech has been advised to inspect the propulsion system, [engines]. Oil Analysis has been advised to verify the condition of oil and possible wear. A Rigging Surveyor or Services are Recommended to inspect rigging of vessels. The attending surveyor will use accepted practices in the industry to examine and detect deficiencies, and issues that need to be corrected in a nondestructive manner, external inspection of engines only.
Acceptance and use of this 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 this report acknowledges the client’s understanding that Ocean Marine Surveyors, Inc or its principles or employees, agents and subcontractors 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.
Report is the ownership of the requestor or assigned report and cannot be duplicated for any other individual without the express permission of Ocean Marine Surveyors, Inc for verification and Recertification. A copy will not be provided to any other party unless written request to do so with permission of the owner of report.
I have read and agree to the contract has been translated to me in my language.
Authorization to Perform Survey: I hereby authorize the surveyor(s) to perform the work requested above. It is my understanding this agreement is a limited liability contract and the work requested as well as all the work performed by the surveyor(s) pursuant to the terms and conditions on this page constitute a work order, all of which are specifically incorporated into this agreement. A cancellation fee of $350.00 is applicable if the survey is cancelled within 48 hours of the date of survey, to compensate for a portion of lost survey wages. The person signing this agreement warrants that he has the authority to bind all such parties to these terms, fees and expenses.
If this agreement is unsigned by the Requester, but payment is made by the Requester or the Requester’s representative, this will constitute an implied agreement of this Engagement Agreement. The surveyor’s signature along with date sent constitutes notification of Engagement Agreement and Payment will be acceptance of that agreement.
