Survey Terms
Read our marine survey terms of business below. Survey instructions and signatures are completed through our secure form.
Complete the survey booking and signing form
BH MARINE CONSULTANCY LIMITED
MARINE SURVEY INSTRUCTION, AGREEMENT AND TERMS OF BUSINESS
Parties and agreement
These Terms of Business form part of the agreement between BH Marine Consultancy Limited of Unit 6, Granby Court, Surrey Close, Weymouth, Dorset DT4 9XB (‘the Surveyor’) and the person or organisation named in the Survey Instruction (‘the Client’). The Survey Instruction, quotation, these Terms of Business and any written variation together form the Agreement.
1. Definitions and basis of appointment
1.1 ‘Vessel’ means the vessel, craft, equipment or other property identified in the Survey Instruction.
1.2 ‘Services’ means only the inspection, testing, advice, valuation or other work expressly identified in the Survey Instruction. No additional service is included unless agreed in writing.
1.3 ‘Survey Fee’ means the professional fee stated in the Survey Instruction, excluding expenses, third-party charges and VAT if applicable.
1.4 The Surveyor shall perform the Services with reasonable care, skill and diligence. The survey is an exercise of professional opinion based on the Vessel’s condition, presentation, accessibility and circumstances at the time of inspection. It is not a guarantee, warranty or insurance policy.
1.5 Any amendment to the Services, timetable or instructions must be agreed in writing. Email and other electronic communications capable of being retained are acceptable for this purpose.
2. Client’s responsibilities
2.1 The Client shall provide complete, accurate and timely instructions and disclose all information known or available to them that may be relevant to the Vessel, its history, condition, damage, repairs, intended use, ownership, documentation or operation.
2.2 The Client shall identify the intended purpose of the survey and any particular concerns before the inspection. The Surveyor is not responsible for matters outside the agreed Services or an intended use that has not been disclosed.
2.3 The Client shall arrange, at their cost, safe and adequate access to the Vessel, keys, permissions, shore power where required, machinery controls, documents and knowledgeable personnel. The Client shall also arrange any agreed lift-out, relaunch, sea trial, pressure wash, cranage, dismantling, specialist attendance or other facility.
2.4 The Client shall ensure that the owner, broker, yard and any other relevant person are informed of the inspection requirements. Lockers, bilges, sole boards and ordinarily removable access panels must be cleared and opened before the inspection. Fastened, screwed, sealed, bonded or obstructed panels must be removed by the owner, yard or suitably competent contractor if access is required.
2.5 The Client shall obtain the owner’s prior permission for the Surveyor to remove small localised areas of antifouling or coating where reasonably required to inspect or test the underlying substrate. The Surveyor is not responsible for reinstatement unless agreed in writing.
2.6 The Surveyor may suspend or decline any part of the Services where access, weather, vessel support, lifting arrangements, confined spaces, contamination, electrical conditions or any other circumstance is considered unsafe or unsuitable.
2.7 Failure to provide access, preparation, information or facilities may result in limitations, delay, an incomplete inspection or additional attendance. The Client remains responsible for the Survey Fee and reasonable additional costs incurred.
3. Scope and method of survey
3.1 The Surveyor will inspect the Vessel as thoroughly as is reasonably practicable within the agreed Services, using visual inspection, non-destructive techniques and operational checks considered appropriate in the circumstances.
3.2 Unless expressly agreed otherwise, the survey is non-destructive. The Surveyor will not drill, cut, remove fixed linings, disturb bonded or sealed components, dismantle machinery, withdraw fastenings, remove tanks, shift substantial stores or personal effects, or undertake any action likely to cause damage.
3.3 The report can only address areas and components that were visible and reasonably accessible at the time of inspection. No opinion is given on concealed, inaccessible, unexposed, enclosed, lined, insulated, bonded, sealed, obstructed, submerged or otherwise unavailable areas. The absence of comment does not indicate that an item was inspected or found free of defect.
3.4 The Surveyor will endeavour to identify material defects and matters likely to have significant safety, structural, operational or cost implications. The survey is not intended to list every minor, cosmetic or maintenance matter.
3.5 Defects may exist that are latent, intermittent, concealed or not reasonably discoverable by the agreed inspection. No guarantee is given that every defect will be identified.
3.6 Unless specifically included in writing, the Services do not constitute a survey for compliance with a coding standard, classification rule, flag-state requirement, finance condition, insurance requirement, manufacturer’s specification or particular commercial operation.
3.7 Vessel particulars and other information supplied by the Client, seller, broker, builder, registry, manufacturer or other third party may be stated in the report but are not guaranteed. The Surveyor may reasonably rely on such information without independent verification.
4. Machinery, electrical, gas and specialist systems
4.1 Unless specialist testing is expressly agreed, engines, generators, gearboxes, drives, propulsion systems, batteries, electrical installations, electronics, navigation equipment, heating, air-conditioning, refrigeration, hydraulic systems, pressure systems and gas installations are subject only to visual inspection and limited operation where safe and practicable.
4.2 The Surveyor does not dismantle machinery, take oil or coolant samples, conduct compression tests, download fault histories, load-test electrical systems, pressure-test gas systems or undertake manufacturer-specific diagnostics unless expressly agreed.
4.3 Starting or briefly operating machinery does not constitute a full mechanical survey and is not a guarantee of condition, remaining service life or reliability. Specialist examination may be recommended.
4.4 Tanks and their contents are not tested for capacity, contamination or internal condition unless expressly agreed. Tank levels, gauges and reported capacities are not guaranteed.
5. Hull testing, moisture and material limitations
5.1 Moisture-meter readings are comparative and indicative only. They are affected by construction material, laminate schedule, coatings, fillers, antifouling, surface contamination, salts, temperature, humidity, conductive fittings and energised AC or DC circuits.
5.2 Moisture readings do not, by themselves, prove or disprove osmosis, water ingress, laminate deterioration, core saturation or structural integrity. Findings are interpreted alongside visible condition, percussion testing where appropriate, environmental conditions and access limitations.
5.3 Unless separately agreed, the Surveyor will not remove extensive coatings, take core samples, drill test holes, undertake laboratory analysis or perform invasive testing.
5.4 Ultrasonic thickness measurements, where included, are limited to accessible prepared surfaces and applicable calibration, couplant, coating, geometry and material assumptions. Readings do not guarantee inaccessible plating, internal surfaces, welds, frames or structure.
6. Inspection ashore, afloat and sea trials
6.1 A pre-purchase condition survey should include inspection ashore and afloat and, where appropriate, a properly conducted sea trial. Each stage provides information unavailable from the others.
6.2 Where inspected only ashore, no representation is made regarding watertight integrity, buoyancy, machinery under load, steering performance, handling or equipment testable only afloat. Where inspected only afloat, submerged hull surfaces and underwater components cannot be fully examined.
6.3 A sea trial is included only where expressly stated. It is subject to the master’s authority, safe conditions, lawful operation, adequate crew, fuel and permissions.
6.4 A sea trial is a limited operational observation, not a prolonged endurance or specialist machinery test. Recorded speed, revolutions, temperatures, pressures, voltage, smoke, vibration, noise and handling relate only to the conditions at the time and are not guaranteed performance figures.
6.5 The Surveyor is not responsible for deterioration, damage, water ingress, machinery failure or any change occurring after inspection, including during a later sea trial, lift, launch, delivery, repair or movement of the Vessel.
7. Report, recommendations and further investigation
7.1 The report records the Surveyor’s professional opinion of condition observed on the survey date, subject to the agreed Services and stated limitations.
7.2 Findings and recommendations must be considered with the report as a whole. Where further investigation, specialist examination, repair or testing is recommended, the Client should obtain and consider the results before purchase, acceptance, use, voyage or other commitment.
7.3 The Surveyor is not responsible where the Client proceeds without carrying out a recommendation or obtaining advised further investigation.
7.4 Repair methods, priorities and cost indications are guidance only unless a detailed specification or quotation is expressly commissioned. Repairs should be undertaken by suitably competent persons using appropriate materials and recognised marine practice.
7.5 The normal delivery target is seven working days after completion of inspection, receipt of required information and payment. Time is not of the essence unless expressly agreed. An expedited report may attract an additional fee.
7.6 The Client shall check the report promptly and notify the Surveyor in writing of any factual error or concern as soon as reasonably practicable. The Surveyor must be given a reasonable opportunity to inspect and, where appropriate, remedy a matter before relevant evidence is repaired, altered, disposed of or destroyed.
7.7 An offer to revisit or provide advice is not an admission of liability. Unless agreed otherwise, travel, access, lifting and third-party costs remain payable by the Client.
8. Valuations and cost estimates
8.1 A valuation is provided only where expressly included. It is an opinion, not a representation of fact or guarantee of sale price, and applies only at the stated date and place.
8.2 Unless stated otherwise, a valuation assumes a willing buyer and seller, reasonable market exposure, clear title, accurate particulars and market conditions at the valuation date.
8.3 The Surveyor may use advertised prices, reported transactions, market knowledge and third-party information reasonably considered relevant and is not responsible for inaccuracies in third-party information.
8.4 Estimated repair costs are approximate guidance only and are not quotations. The Client should obtain written quotations before a financial commitment.
9. Fees, expenses and payment
9.1 The Survey Fee and payment terms are stated in the Survey Instruction or invoice. Unless expressly included, travel, accommodation, subsistence, marina or yard charges, lift-out, pressure washing, contractor fees, specialist testing and third-party costs are additional.
9.2 Third-party work will not normally be commissioned at the Client’s cost without prior authority. The Surveyor is not responsible for the acts, omissions, solvency or work of an independent yard, contractor or specialist.
9.3 The Surveyor may decline to attend, suspend work and withhold findings or the report until cleared payment is received.
9.4 Interest and reasonable recovery costs may be charged where permitted by law. For a business Client, statutory interest and compensation may be claimed under applicable late-payment legislation.
10. Cancellation and consumer rights
10.1 Cancellation more than 30 days before inspection will normally receive a refund less non-recoverable expenses and reasonable work already undertaken.
10.2 Cancellation 7 to 30 days before inspection: 50% of the Survey Fee plus non-recoverable expenses and the reasonable value of work undertaken shall be payable.
10.3 Cancellation fewer than 7 days before inspection: the Survey Fee may be retained or charged to reflect reserved professional time, work undertaken, loss reasonably incurred and non-recoverable expenses. The Surveyor will take reasonable steps to reduce avoidable loss.
10.4 Nothing limits a private consumer’s statutory rights. Where the Agreement is concluded at a distance or away from business premises, the Client may have a statutory 14-day cancellation period.
10.5 If the Client requests Services to begin during a statutory cancellation period, the Client expressly requests early performance and agrees to pay a proportionate amount for Services performed before cancellation. Once fully performed following the Client’s express request and acknowledgement, the statutory right to cancel may be lost.
10.6 If access, lift-out or sea trial is cancelled or unavailable outside the Surveyor’s control, the Surveyor may complete the practicable Services, issue a limited report and charge for work performed, reserved time and expenses. Return attendance must be separately agreed.
11. Liability
11.1 Nothing excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.
11.2 Subject to clause 11.1, the Surveyor’s total aggregate liability arising out of or in connection with the Services, whether in contract, tort including negligence, breach of statutory duty, misrepresentation or otherwise, shall not exceed the lower of (a) £250,000 and (b) ten times the Survey Fee, unless a higher limit is expressly agreed in writing before Services commence and any additional insurance premium and fee are paid. This is the ‘Agreed Liability Cap’.
11.3 The Agreed Liability Cap includes damages, interest and recoverable claims expenses to the extent permitted by law. It applies to all claims arising from the same or related Services and is not increased by the number of allegations, claimants or causes of action.
11.4 The limitation reflects the Survey Fee, nature and scope of Services, insurance availability and the Client’s ability to arrange protection. A higher limit may be requested before Services commence, subject to written agreement, insurer approval and additional cost.
11.5 Subject to applicable law, the Surveyor shall not be liable for indirect or consequential loss, loss of profit, revenue, use, charter, hire, business, opportunity, market, finance, enjoyment or anticipated saving, nor diminution in value beyond the reasonable direct consequence of proven breach.
11.6 The Surveyor is not liable for loss caused or increased by inaccurate, incomplete or late information; non-disclosure; failure to provide access; failure to follow a recommendation; work by others; deterioration after inspection; latent or concealed defects; or causes beyond reasonable control.
11.7 The Surveyor is not liable for accuracy of information supplied by the Client or third parties and reasonably relied upon.
11.8 No guarantee is given regarding title, ownership, mortgages, charges, debts, liens, encumbrances, stability, design compliance, fitness for purpose, insurability or suitability for a voyage or operation unless expressly included.
11.9 The Surveyor shall maintain professional indemnity insurance appropriate to the Services while available on reasonable commercial terms. Insurance cover does not increase the Agreed Liability Cap.
11.10 The Client shall not require the Surveyor to hold harmless or indemnify another party, or waive rights of recourse, in relation to the Services unless expressly approved in writing by the Surveyor and insurer.
11.11 Services involving United States law, jurisdiction, vessels, operations or claims are excluded unless expressly accepted in writing following insurer approval.
12. Use of report and third-party reliance
12.1 The report is prepared solely for the named Client and stated purpose. No other person may rely upon it without prior written agreement.
12.2 No duty of care or responsibility is accepted to a purchaser, seller, broker, lender, insurer, owner, yard or other third party merely because the report or its contents are disclosed to them.
12.3 The Contracts (Rights of Third Parties) Act 1999 does not confer a right on a person who is not a party to the Agreement.
12.4 Copyright and intellectual property rights remain with BH Marine Consultancy Limited. The Client may use the report for its stated purpose but may not materially alter, publish, advertise, reproduce commercially or permit third-party reliance without written consent.
13. Claims and complaints
13.1 A concern or alleged breach must be notified in writing as soon as reasonably practicable after the Client becomes aware of it, with sufficient details and evidence.
13.2 The Client shall preserve relevant evidence and provide reasonable access. Except for urgent safety or damage-prevention work, the Surveyor must be given a reasonable opportunity to inspect before repair, replacement, alteration or disposal.
13.3 For a Client acting in the course of business, legal proceedings arising from the Services must be commenced within 12 months after delivery of the report, to the extent permitted by law.
13.4 Nothing reduces any non-excludable statutory right of a private consumer.
14. Data protection and confidentiality
14.1 Personal information will be processed for administering the booking, performing the Services, communicating with the Client, maintaining professional records, complying with legal and insurance obligations, and establishing or defending legal claims.
14.2 Information may be shared where reasonably necessary with employees, subcontractors, professional advisers, insurers, claims handlers, regulators, law-enforcement bodies and service providers, subject to confidentiality and data-protection duties.
14.3 Survey photographs and recordings may be retained as part of the professional survey record. They will not be used for public marketing in a manner identifying the Client or Vessel without separate permission.
14.4 The Surveyor and Client shall keep confidential information confidential except where authorised, required for Services, reasonably required by insurers or professional advisers, or required by law.
15. Termination
15.1 The Surveyor may suspend or terminate where payment is overdue, instructions or access are not provided, the Client requires unlawful or unsafe action, a conflict arises, trust and confidence materially break down, or continuing would expose anyone to unacceptable risk.
15.2 On termination, the Client shall pay for Services performed, time reasonably reserved or incurred, expenses and non-cancellable commitments. Accrued rights and provisions intended to survive termination remain effective.
16. General
16.1 Neither party may assign the Agreement without written consent, except that the Surveyor may engage suitably competent employees, agents or subcontractors while remaining responsible for Services undertaken on the Surveyor’s behalf.
16.2 No delay or failure to enforce a right is a waiver. If a provision is invalid or unenforceable, it shall be modified or deleted only to the minimum extent necessary and the remainder continues in force.
16.3 The Agreement constitutes the entire agreement concerning the Services and supersedes prior discussions or representations, except for fraud or matters expressly recorded in writing.
16.4 Notices shall be in writing and may be delivered electronically where capable of being retained.
16.5 The Agreement is governed by English law. The courts of England and Wales have exclusive jurisdiction, subject to any mandatory consumer right to bring proceedings elsewhere.
Client acknowledgement
By signing, the Client confirms that the Survey Instruction and these Terms of Business were received, read and accepted before the Services commence; the scope, limitations, fees and Agreed Liability Cap were drawn to the Client’s attention; the Client understands that the survey is a non-destructive professional opinion and not a guarantee that every defect will be found; where Services are requested during a statutory 14-day cancellation period, the Client expressly requests early performance and acknowledges the consequences in clause 10; and the information supplied is complete and accurate to the best of the Client’s knowledge.
