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Survey
Introduction
Contract for Pre-Purchase Yacht Survey
Printable
Contract
Survey Format
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Charles E. Kanter
AMS® (Accredited Marine Surveyor)
Role of
the Surveyor
The Surveyor is contracted by and works exclusively for the Buyer, who
is the "client". The Surveyor provides an comprehensive evaluation of the vessel
and a list of findings and recommendations for corrections of faults.
Recommendations are divided into two (2) categories: PRIORITY Recommendations
and General Recommendations. The Surveyor may, in his inspection, confirm
or deny the claims made for the boat by the seller if such claims are
disclosed to the Surveyor.
- Inspections
are conducted based upon the guidelines of The Society of Accredited Marine
Surveyors (SAMS)
- The Surveyor will
list observable non-compliance with required safety regulations, as specified by the
Code of Federal Regulations (CFR)
- The Surveyor cannot determine the full extent of compliance with any standard
but will list observable variants from ABYC standards.
Role of
the Buyer
The party (client) contracting with the Surveyor is responsible for
having researched
the appropriate surveyor for his or her needs and understanding that
the results of the survey and the survey report are a single tool in his or her evaluation of the prospective
vessel. The Buyer understands that marine survey is not licensed or
regulated by any government agency, that the established methods are
observation and non-destructive testing, and that no warrantee is implied
in discussions, written or oral, about the lifespan of gear and equipment.
The Buyer must sign a contract for services with the
Surveyor delimiting the services to be provided. Accepting the survey
report, and paying the agreed fee, will constitute acceptance of the
contract set forth here in
lieu of a previously signed written agreement.
Role of
the Seller
The Buyer must arrange for the seller to provide, and the Surveyor is
not for obtaining from the seller, the following: a list of particulars concerning the vessel including
an inventory, and the owners manuals. facilitation of the actual survey
by emptying lockers and bilges for inspection, explanation of the use
of unfamiliar equipment and non-standard installations and operating all
machinery, disclosure of any previous major repairs or structural changes and providing
documentation as to these changes, and providing all the chain of ownership legal
documents; this is
especially important with vessels not documented in the United States.
The seller or his designate will operate the vessel prior during or post
survey and sea trials.
Intent
of This Agreement
The purpose of pre-purchase survey is to provide the prospective Buyer
with
a reasoned opinion of the condition and value of the vessel to be surveyed. No guarantees or warranties are expressed
or implied. Destructive testing, cost estimating, scientific calculation
including the recording of moisture meter readings, prognosis for osmotic
blistering and determining the extent of hydrolysis or laminate
disbonding are beyond the scope
of a pre-purchase survey and require specialized examiners. The Surveyor
does not opine on the suitability of the vessel for the buyer's needs or
other factors that may be important to the Buyer's decision-making but
which are outside the scope of survey.
Marine survey
is not an exact science and is not regulated nor licensed by any governmental
agency. It is neither cost-effective nor practical to list every observable
cosmetic deficiency. It is not possible to guarantee discovery of hidden
flaws. Often, flaws become apparent only after a change in environment or the
installation of electronic or mechanical equipment. The Surveyor
is not a guarantor or insurer of the vessel.
Exclusions
Destructive or laboratory testing, estimating costs of repairs and the
proper function of machinery and electronics are beyond the scope of the
survey and require specialists. Anything that is not specifically mentioned
is specifically excluded. Unless otherwise agreed, mastheads, rigging
above deck level, sails, electronics,
machinery, engines and complex electrical installations are excluded.
Warranties,
Guarantees
The Surveyor represents and warrants that he has the experience and prerequisites to
accept the contract and that he is free of prejudice
and is working only for the Buyer. Discussions of probable lifespan
of various parts such as bilge pumps or rigging cannot be construed as
Surveyor warrantee. Errors and omissions are limited
to the terms of this contract. Failure to list obvious wear and tear that
is within the observable scope of the Buyer does not constitute omission
nor does subsequent discovery of defect beyond the limitations of pre-purchase
survey as described on this web site constitute error.
Interpretation and Enforcement of this Contract
Disputes arising from this contract must be adjudicated in Palm Beach
County, Florida, USA. Any damages arising out of this contract in
connection with the survey that is the subject of this contract, and the
liability of the surveyor are limited to the fees paid by the Buyer to the
Surveyor in connection with this contract, less any expenditures by the
Surveyor for oil samples, consultant fees and out-of-pocket expenses. In
the event of litigation, the prevailing party shall be entitled to
attorney's fees and costs. This contract constitutes the entire agreement
of the parties.
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information below: |
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In the event that you are not able
to fill out this form online, please
click here
for a PDF form, print it out and fax it to :
561-742-1704 or send it
via snail mail to:
Charles E. Kanter, AMS®
2905 S. Greenleaf Circle
Boynton Beach, Florida 33426
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