Terms And Condition of Service/Disclaimer

It is to be clearly understood that the condition/state of items reported upon are strictly the opinion of the attending surveyor(s) and that opinion reflects the condition/state found on the date of survey, taking into consideration the vessel’s age and that items reported upon are described in comparison with vessels of similar age and type.

The report will be prepared specifically for the client(s), and is for their use only. Whilst all due care and diligence will be exercised in the collection of data for and the preparation of the report, MW Marine Surveys purports to provide an advisory service only, based on the opinion and experience of the individual consultant responsible for its compilation. MW Marine Surveys issues such advice in good faith and without prejudice or guarantee. Anyone wishing to rely on such opinion should first satisfy themselves as to its accuracy and feasibility. MW Marine Surveys shall not be liable for any loss (including indirect and consequential loss), damage, delay, and loss of market, costs, and expenses of whatsoever nature or kind and however sustained or occasioned. Notwithstanding the aforementioned, notice of a claim or suit must be made to MW Marine Surveys in writing within 30 days of the date the services were first performed or the date the damages were first discovered, whichever is the latter, failing which lack of notice shall constitute an absolute bar to the claim or suit against MW Marine Surveys.

The survey will be a factual report on the inspection carried out, and the opinions expressed will be given in good faith as to the condition of the vessel as seen at the time of the survey. It will imply no guarantee, no safeguard against latent defects, subsequent defects, or defects not discovered at the time of the survey in woodwork or areas of the vessel which are covered, unexposed, or not accessible to the surveyor internally due to the installation of non-removable linings, panels and internal structures, etc. The survey will be visual in nature only. MW Marine Surveys accepts no responsibility or liability in relation to any part of the vessel, which cannot be accessed or viewed. MW Marine Surveys cannot comment in relation to any patent or latent damage, including termite infestation, relating to areas not examined.

This report carries no warranty regarding ownership of the vessel or any warranty regarding outstanding mortgage, charge or other debt there may be on the vessel. The survey is personal and confidential to our client and has no extended warranty if disposed of to a third party for any purpose without the permission of MW Marine Surveys.

The report will not address stability, vessel performance or overall design, and no warranty is conveyed under these headings.

Machinery will not be opened up for inspection or compression tests carried out. No chemical tests will be carried out on fuel or water. For sailing vessels rigging at deck level only will be commented on. An expert should be appointed if a full rigging survey is required.

Liability will be limited to 3 times the surveyor’s fees for the inspection of the surveyed vessel.
Our invoice is payable prior to delivery of our report. Please note that our reports are the copyright of MW Marine Surveys Pty Ltd, Sydney. If payment for our services is not forthcoming you are advised that copyright is withheld. You may not use, copy, disseminate or action the advice and recommendations given in the report until payment has been received at which time a release will be issued.

These standard trading terms, all agreements and disputes relating thereto, shall be governed by and interpreted in accordance with Australian Law.