This document outlines the terms and conditions governing marine surveys conducted by SafeGuard Marine Survey.
1. Definitions and Interpretation
1.1 "The Company" or "The Surveyor" refers to SafeGuard Marine Survey, its proprietor Stephan Smith, and any authorised employees, agents, affiliates, or corporate entities operating under this brand. 1.2 "The Client" refers to the individual, firm, corporate entity, or authorised representative instructing The Company and who assumes ultimate responsibility for the payment of the Survey Fee. 1.3 "The Agreement" is between you (the client) and SafeGuard Marine Survey, Stephan Smith, and is formed through the survey contract, letter of instruction, invoice, and these terms and conditions. 1.4 "The Report" refers to the final written document, inclusive of all appendices and photographic evidence, produced by The Company detailing the findings of the survey. 1.5 "Delegate" refers to any employee, agent, or sub-contractor to whom The Company formally delegates the performance of the Services. 1.6 Words denoting the masculine include the feminine and neuter and vice versa, and singular forms include the plural and vice versa.
2. Scope of Services and Surveyor's Obligations
2.1 The Company shall perform the agreed marine survey services with all proper skill and care according to normal marine surveying industry standards. 2.2 The marine survey provides a professional opinion on the visible and accessible structural aspects of the vessel's hull at the specific date and time of the inspection. 2.3 In carrying out the services, The Company will inspect the vessel as thoroughly as is practicable, subject exclusively to the vessel's location, environmental conditions, and the unhindered accessibility of its various compartments. 2.4 It is not an exhaustive examination and may not reveal every defect. The report should not be considered a schedule of works or used for generating estimates or quotes.
3. Inherent Limitations and Exclusions of the Survey
3.1 Inspection Methods: The hull is assessed using primarily non-destructive techniques and by examining areas where coatings are removed. Hull fastenings, keel bolts, and skin fittings are not removed for inspection. 3.2 Accessibility and Coverings: The survey excludes areas that are hidden or inaccessible, such as those behind linings, under floorboards, or inside tanks. The Company is therefore unable to report that any such inaccessible part is free from defect. 3.3 Mechanical and Electrical Exclusions: Engines, machinery, electrical systems, and internal tank inspections are not included unless specifically agreed upon. 12/24-volt DC and 230-volt AC circuits are only switch tested if power is available. Battery condition and charge status are not verified; navigation aids, instrumentation, and audio-visual equipment are not tested unless otherwise agreed. 3.4 Environmental Seals: Windows, hatches, and doors are not tested for water tightness. 3.5 Latent Defects: The surveyor is not responsible for any hidden or latent defects not apparent during the inspection. 3.6 GRP Vessels: Minor blistering or the early stages of osmosis may not be detectable depending on environmental conditions, temperature, or the vessel's time out of the water. 3.7 Steel Vessels: Ultrasonic thickness testing readings are localised spot-checks and cannot guarantee the uniform thickness of the entire hull plate, particularly in areas affected by internal preferential weld corrosion (PWC) or microbiologically influenced corrosion (MIC).
4. Gas Systems, Hazardous Materials, and Statutory Compliance
4.1 Gas Systems: Gas installations are inspected visually. Gas tightness tests are not included unless specifically requested (e.g., Boat Safety Scheme Examination). 4.2 Hazardous Materials: The survey does not include testing for hazardous materials like asbestos in insulation, upholstery, or paint. If necessary, specialised testing should be arranged by The Client. 4.3 Statutory and Regulatory Compliance: The survey does not assess compliance with MCA coding, CE marking, the Recreational Craft Directive, or suitability for offshore categories.
5. Client's Obligations and Co-operation
5.1 Information Provision: The Client shall provide The Company with full instructions and all relevant, accurate information relating to the vessel in a timely manner to facilitate the survey preparation. 5.2 Access and Permissions: The Client must obtain any necessary permissions, consents, and licences required for The Company to access the vessel, boatyard, or marina, and to perform the Services without interruption. 5.3 Logistical Arrangements: The Client shall, in consultation with The Company, procure all necessary access to the vessel and ensure it is made available for inspection at the agreed time and location. This includes arranging and solely financing all lift-outs, relocation, removal of covers, sea trials, and providing adequate facilities for inspection ashore and afloat. 5.4 Health and Safety: The Client is responsible for ensuring that all appropriate safety measures are taken to provide safe and secure working conditions for The Company and its Delegates while on site. 5.5 Right to Abort: The Company is not liable for any delay or failure to provide the Services if such delay is caused by the Client's failure to comply with the provisions of this clause. Furthermore, The Company reserves the absolute right to abort the survey if the vessel is not found in a suitable condition or location, or if the inspection is unreasonably hampered by third parties, weather, or unsafe conditions. 5.6 Sea Trial Command and Control: During any sea trial or river trial, The Company acts strictly as an observer for the purposes of the survey. The owner, or their appointed skipper, remains the Master of the Vessel at all times and holds total responsibility for the safe navigation, operation, and insurance of the craft.
6. Particulars, Title, and Valuation Limits
6.1 Vessel Information: Details like registration numbers, tonnage, year of manufacture, and dimensions are recorded as provided but not verified. Measurements are taken with a tape measure and may not be exact. 6.2 Title and Encumbrances: The survey does not investigate the vessel's title or any encumbrances. 6.3 Valuation Parameters: Any valuation provided is based on current market conditions and comparable vessels and may not reflect the replacement value, especially for unique or custom-built vessels. Valuations are provided solely for the purpose specified in the Agreement.
7. Financial Terms, Fees, and Invoicing
7.1 Payment Schedule: Payment is due upon receipt of the invoice, or for private/individual surveys, after the initial inspection. Private survey details and reports will only be released after payment is received. 7.2 Right to Withhold: The Company reserves the absolute right to withhold the release of The Report, and any verbal or written discussion of the survey findings, until full payment in cleared funds has been received. 7.3 Late Payment Penalties: Overdue payments will accrue interest at 1% per week. The surveyor can terminate the agreement if payment is overdue by more than one month. 7.4 Tax Gross-Up: If taxes or levies apply, you are responsible for paying them in addition to the survey fee. 7.5 Unconditional Payment: Payment should be made within 30 days, even if disputes exist.
8. Liability, Indemnity, and Time Bars
8.1 Standard of Correction: Any negligent work will be corrected at the surveyor's expense. The surveyor must be given an opportunity to rectify any breach. 8.2 The Himalaya Clause: You cannot sue any delegate (employee, agent, sub-contractor) involved in the survey; your sole remedy is against the surveyor. 8.3 Tiered Liability Cap: The surveyor's total liability, including third-party liability, is limited to the market value of the vessel at the time of survey or £250,000, whichever is lower. 8.4 Exclusion of Consequential Loss: The surveyor is not liable for any consequential or economic loss, including loss of profit or use. 8.5 Time Bar: Any claims must be made to the surveyor promptly. The surveyor's liability expires 12 months after the survey completion date. 8.6 Third-Party Indemnity: You shall indemnify the surveyor against any third-party liability arising from the survey, even if based on negligence. This indemnity applies even if the surveyor has already indemnified a delegate.
9. Assignment, Delegation, and Sub-Contracting
9.1 Client Assignment: You cannot transfer your rights or obligations under this agreement without the surveyor's written consent. 9.2 Company Transfer: The surveyor may transfer their rights to an affiliate company, but only with your acceptance of the terms. 9.3 Delegation of Services: The surveyor may delegate tasks to other qualified individuals or companies to ensure efficient service delivery.
10. Intellectual Property, Copyright, and Third-Party Reliance
10.1 Copyright Ownership: The copyright of the survey report belongs to SafeGuard Marine Survey. 10.2 Restricted Use: The report is exclusively for the client who commissioned it. 10.3 Exclusion of Third Parties: No responsibility is accepted to any third party who may access the report. 10.4 Prohibition on Financial and Legal Use: The report is strictly for The Client's personal use regarding the condition of the vessel. The report may not be used for securing marine mortgages, finance, or as evidence in litigation without prior written consent from The Company.
11. Confidentiality and Data Protection
11.1 Mutual Confidentiality: Both parties agree to keep confidential any information disclosed during the survey process. 11.2 Duration of Obligation: This confidentiality obligation continues even after the agreement ends, unless the information becomes public knowledge through no fault of the parties. This confidentiality lasts for 10 years from the termination of the agreement. 11.3 Data Protection Compliance: The Company shall process all personal data strictly in accordance with the General Data Protection Regulation (GDPR) (EU) 2016/679 and applicable UK data protection laws.
12. Force Majeure
12.1 Neither party is liable for delays or non-performance due to circumstances beyond their reasonable control. 12.2 Such circumstances include, but are not limited to, Acts of God, severe weather conditions, earthquakes or natural disasters, strikes, lockouts, labour disputes, failure of electronic or mechanical equipment, operator errors at boatyards, wars, or governmental restrictions. 12.3 This excludes the obligation to make payments.
13. Governing Law and Dispute Resolution
13.1 Governing Law: This agreement is governed by English law. 13.2 Dispute Resolution: Any dispute shall initially be subject to Alternative Dispute Resolution (ADR) or mediation. If unresolved, the dispute shall be subject to the exclusive jurisdiction of the courts of England and Wales.
14. Verbal Observations and Advice
Any verbal comments, opinions, or advice offered during the course of the physical inspection are strictly informal, provisional, and provided without prejudice. The final, written Report constitutes the sole and definitive record of the survey findings. If a specific finding, observation, or piece of advice is not explicitly documented within the written Report, it shall not be deemed to form part of the survey, and no reliance whatsoever may be placed upon it by The Client.
15. Electronic Communications
SafeGuard Survey and The Client may communicate via electronic mail and digital messaging. By consenting to this method of communication, both parties accept the inherent risks associated with digital transmission, including but not limited to interception, data corruption, and the potential transmission of viruses. The Client assumes responsibility for virus-checking all electronic communications and file attachments received from SafeGuard Survey.
16. Call Recording
To ensure accurate record-keeping, confirm vessel particulars, and aid in the fulfilment of the survey contract, telephone conversations between SafeGuard Survey and The Client may be recorded. The Client will be clearly notified of this recording practice during the initial telephone consultation. Continued engagement with SafeGuard Survey following this initial notification constitutes ongoing acceptance of this policy for all subsequent communications. All audio recordings are treated as confidential personal data, stored securely, and processed strictly in accordance with UK data protection legislation.