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Terms & Conditions

Sea Captain Marine Surveyor Inc. provides marine surveys according to the following terms and conditions. You (the client) and Sea Captain Marine Surveyor Inc. agree as follows:


1. Engagement of Services

The Client is requesting the attending surveyor from Sea Captain Marine Surveyor Inc. to undertake the marine survey or appraisal of the vessel designated on the attached invoice/quote. The survey will be conducted in accordance with the terms and conditions outlined in this agreement, and the Client acknowledges that they have read and agreed to these terms before proceeding with the service. The Client acknowledges that the survey is a visual, non-invasive inspection and does not involve destructive testing or dismantling of any components. The Client warrants that all information provided regarding the vessel is accurate, complete, and truthful to the best of their knowledge.


2. Pre-purchase Surveys

A pre-purchase survey is strongly recommended when purchasing a vessel. This comprehensive inspection evaluates the vessel's condition and is widely accepted by insurers.

  • Out-of-Water Inspection: Includes, but is not limited to, the hull bottom, keel, rudder, underwater gear, propeller, anodes, and overall hull soundness.

  • In-Water Inspection: Includes, but is not limited to, hull piping and tankage, safety equipment, rigging and spars, decks and superstructure, hull interior and below-deck structural components, cockpits, helms and navigation equipment, cabin interiors, galley and head systems, visual inspection of electrical systems (AC and DC), and visual inspection of propulsion engines and related systems.

  • Valuation/Appraisal: The survey will include an assessment of the vessel’s fair market value. However, this valuation may not account for extreme fluctuations in market conditions.

2.1 If the surveyor provides pictures of the mast and rigging components, it will be from easily accessible locations at eye level only. Climbing, strapping, or lifting to access higher areas will not be performed unless the Client specifically requests a Rig & Sails Survey. The surveyor will not climb the mast, step onto the boom, or use electronic devices such as drones to capture images of mast and rigging components.


3. Insurance Surveys

An insurance survey is a basic inspection designed to assess the vessel's overall condition, the soundness of onboard systems and equipment, and its suitability for the intended use. The purpose of this survey is to provide insurers with information to evaluate the risk of issuing an insurance policy. However, an insurance survey does not guarantee insurability, as the final decision rests solely with the underwriter.


4. Rig & Sails Surveys

For a Rig & Sails survey, the surveyor will climb to the top of the mast to inspect and document all rigging components. Photographs will be taken to support the survey findings. The surveyor’s role is strictly limited to inspection and reporting; no repairs, adjustments, or maintenance work on the mast or rigging components will be performed under any circumstances.


5. Appraisal Surveys

An Appraisal survey is a basic inspection conducted to determine the vessel's fair market value. This type of survey may be required for various purposes, including securing a loan, estate settlement, tax documentation for vessel donation, or other legal and financial matters.


6. Pre/Post-Charter Condition Surveys

A Pre/Post-Charter Condition survey is conducted in two stages:

  • Pre-Charter Survey: Before the vessel is chartered, a detailed inspection is performed, and its condition is documented.

  • Post-Charter Survey: Upon the vessel’s return to the owner, a follow-up inspection is conducted. Any damages found, if applicable, are documented, and a valuation of the damages is provided.


7. Short Operational Test Run (Limited Trial Run)

A short operational test run is an essential service where the surveyor attends the vessel during a limited test run in open water, away from the dock. The surveyor does not captain or operate the vessel but remains onboard to inspect structures, machinery, and onboard systems while the vessel is underway. Short operational test run provides valuable insights into a vessel’s performance in a dynamic state, allowing for the identification of deficiencies that may not be apparent during an out-of-water inspection or while moored. Additionally, this process offers an opportunity for the seller or broker to provide the buyer with an orientation to the vessel. A short operational test run may take up to two (2) hours to complete. Additional fees may apply if unforeseen circumstances extend the duration beyond the standard timeframe. Delays may result from, but are not limited to, adverse weather conditions, mechanical failures, allisions, collisions, or any other events beyond the surveyor’s control.


8. Oil Sampling and Analysis

Oil sampling is an optional service available for propulsion engines, gearboxes, and generators to assess the condition of the lubricant. Sea Captain Marine Surveyor Inc. collects the sample, but all laboratory analysis is performed by an independent third-party provider. The resulting lab report may identify contaminants such as fuel, coolant, or foreign debris and can offer insights into existing or developing mechanical issues that are not apparent through visual inspection alone. Oil analysis results do not constitute a comprehensive mechanical diagnosis; the Client should engage a certified marine mechanic for a complete evaluation of engine condition and performance.


9. Mechanical Systems Inspection Limitations

The Surveyor’s assessment of propulsion engines, gearboxes, generators, and associated machinery is strictly limited to an external, visual inspection. The Surveyor is not a professional marine mechanic and does not perform mechanical testing, disassembly, or diagnostics on any engine or mechanical component. Evaluation of internal condition, operational performance, or hidden defects lies beyond the scope of this survey. The Client acknowledges that a thorough mechanical assessment should be carried out by a certified marine mechanic, at the Client’s own expense, to determine the true condition and serviceability of the vessel’s mechanical systems.


10. Electrical Systems Inspection Limitations

The Surveyor’s evaluation of electrical systems—including, but not limited to, DC and AC circuits, battery banks, chargers, alternators, solar arrays, inverters, and generators—is limited to a non-intrusive, visual inspection of readily accessible components. The Surveyor is not a certified marine electrician and does not perform load calculations, verify conductor gauge, assess battery bank sizing, or test the functionality or reliability of any electrical equipment. While general observations may be made regarding installation practices and visible compliance with accepted marine standards (e.g., ABYC), the Surveyor does not verify that wiring, fusing, breakers, or equipment sizing conform to manufacturer specifications or industry codes.


10.1 Any electrical component must be installed and maintained in accordance with the manufacturer’s instructions and applicable standards. The Client understands and agrees that a detailed electrical assessment— including verification of wire sizes, fuse ratings, system capacity, and the operational integrity of chargers, alternators, solar panels, or generators—should be performed by a certified marine electrician. The Surveyor assumes no responsibility for deficiencies related to electrical design, sizing, or installation beyond what is visually apparent at the time of inspection.


11. Haul-out and Vessel Preparation

Once a survey date is scheduled, it is the responsibility of the client, broker, or seller to arrange for the vessel's haul-out unless otherwise agreed upon. To ensure a thorough inspection, clients are encouraged to remove all personal belongings and non-fixed chattels from the vessel before the survey. This does not include necessary safety equipment. If any required safety equipment has been removed, the surveyor must be informed in advance, along with the reason for its removal.


12. Limited Access and Inspection Limitations

Deficiencies identified in the survey report are based on the Marine Surveyor’s knowledge, experience, and the accessibility of the vessel at the time of inspection. Sea Captain Marine Surveyor Inc. shall not be held liable for deficiencies that were not identified due to limited access, whether caused by the vessel’s design, modifications, or equipment installed after manufacture. The surveyor will not dismantle, remove, or alter any part of the vessel to gain access. Any inaccessible areas will be noted in the report.


13. Repair Priorities and Follow-Up Inspections

Pre-purchase surveys often identify necessary repairs, some of which may be costly. The survey report includes a grading system to prioritize deficiencies:

  • A – Immediate & Urgent: Repairs required for safety or seaworthiness.

  • B – To Be Done: Repairs recommended for proper vessel maintenance.

  • C – Advisable or None Warranted: Optional repairs or no immediate concerns.


13.1 Any repairs required to address deficiencies before launch are the sole responsibility of the vessel owner. The Surveyor’s role ends with identifying these deficiencies; the Surveyor does not guarantee or enforce completion of repairs, nor undertake to verify that the noted deficiencies have been corrected. If a follow-up inspection is needed to confirm that repairs have been completed, the cost of the re-inspection will be at the Client’s expense. The Client further acknowledges that the Surveyor is not liable for the quality or adequacy of any repair work carried out by the Owner or any third party.


14. Prior Repairs and Modifications

During the survey, the Surveyor may note evidence of previous repairs or modifications to the hull, structure, or systems; any comments are based solely on observable, external conditions at the time of inspection, and Sea Captain Marine Surveyor Inc. does not verify workmanship, materials, or adherence to professional standards, nor can the Surveyor assess hidden or internal aspects of those repairs or accept responsibility for their adequacy, structural integrity, or continued serviceability. The Client acknowledges that the Surveyor’s role is limited to identifying and describing visible repairs or alterations, does not warrant or guarantee their reliability, and accepts no liability for defects, failures, or consequences arising from past repairs or modifications; for a detailed evaluation of any repair or modification, the Client should consult a qualified marine repair facility or structural engineer.


15. Use of Photos and Videos

The Client acknowledges that any photos and videos taken by the Surveyor during the marine survey are intended primarily for documenting the vessel's condition and supporting the assessment provided in the survey report. The Client agrees that the Surveyor may use these photos and videos for promotional and educational purposes, including but not limited to social media, the Surveyor's website, educational presentations, industry conferences, and marketing materials. The Surveyor may watermark or brand the media for attribution purposes. If the Client wishes to restrict the use of these materials for promotional purposes, they must provide written notice to the Surveyor prior to the completion of the survey.


16. Ownership, Use, and Confidentiality of Photos, Videos, and Information

The Surveyor retains full ownership and copyright of all photos and videos taken during the marine survey. Ownership of all photos and videos is retained by the Surveyor from the moment of capture. These materials are intended primarily for documenting the vessel’s condition and supporting the survey report. The Surveyor may use them for professional, promotional, or educational purposes but will do so in a manner that respects the Client’s privacy and confidentiality. No sensitive or proprietary information about the Client or vessel will be disclosed without the Client’s consent, except as required by law. While the Surveyor will make reasonable efforts to ensure anonymity, complete confidentiality cannot always be guaranteed if the vessel has unique or identifiable features. The Client may use the provided photos and videos for personal reference in connection with the vessel’s evaluation but may not reproduce, distribute, or use them for commercial purposes without the Surveyor’s explicit written consent. Additionally, the Client agrees to indemnify and hold harmless the Surveyor from any claims, damages, or liabilities arising from the unauthorized use or distribution of these materials.


17. Payment Terms

All survey fees should ideally be paid in full prior to the scheduled survey date. However, payment may also be made during or after the survey upon prior arrangement and approval by the Surveyor. Clients requesting alternate payment timing must confirm such arrangements in advance. Payment may be made via electronic transfer, credit card, or in person before or at the time of the survey (cash, certified cheque, cryptocurrencies, or other accepted payment methods). If paying in person, the full amount is due before the survey commences unless otherwise agreed with the Surveyor.


17.1 Credit Card Payments If paying by credit card, processing fees may apply. To pay by credit card, clients must use the secure payment link available on the company website. No credit card numbers will ever be accepted by phone, email, or SMS/Text. It is also possible to pay in person by credit card prior to the start of the survey. However, this must be arranged in advance so that the necessary payment hardware can be brought on site by the Surveyor.


17.2 Refund and Cancellation Policy A full refund will be granted if the Client cancels at least 48 hours before the scheduled survey. For cancellations within 48 hours of the scheduled survey, the following penalties apply:

  • 24 to 48 hours before the survey – 25% of the survey fee is non-refundable.

  • Less than 24 hours before the survey – 50% of the survey fee is non-refundable.

  • Same-day cancellations or no-shows – No refund will be issued. Re-scheduling within 48 hours of the original survey date may be subject to an additional fee of $100. Any cancellation or rescheduling fees must be paid in full before booking a new survey date.


17.3 Additional Costs and Client Approval

In cases where additional costs arise due to extended travel time, vessel accessibility issues, wait times, oil sample analysis, or other unforeseen circumstances beyond the original estimate, these additional fees must be paid prior to the release of the final report. If such circumstances occur during the survey—such as extended delays for vessel access or haul-out or rescheduling due to unproductive time—the Surveyor will make every effort to inform the Client as soon as possible, ideally at the time the additional charges occur. Whenever practical, the Client will be given the opportunity to approve these additional charges before they are incurred. However, if the Client cannot be reached, acceptance of these Terms and Conditions constitutes prior approval for reasonable additional charges necessary to complete the survey.


18. Ownership of Report

The survey report, photographs, and all related work product remain the property of Sea Captain Marine Surveyor Inc. until payment is received in full. Upon full payment, the Client is granted a non-exclusive, non-transferable license to use the report solely for its intended purpose (such as pre-purchase decision, insurance underwriting, or financing). No third party may rely on the report without the prior written consent of Sea Captain Marine Surveyor Inc.; additional fees may apply for a reliance letter or re-addressing. Any reproduction, distribution, or alteration of the report is prohibited without written consent. If any payment is reversed or charged back, this license shall be deemed automatically revoked.


19. Report Delivery and Format

The Marine Survey process may take up to three (3) business days to complete; however, the survey report is typically issued within 12 to 48 hours after the inspection. Depending on vessel size, type, and complexity, the full survey process (including out-of-water, in-water, short operation test run, and reporting) may span two to three business days. The estimated report delivery time is not guaranteed and may be extended due to unforeseen circumstances. The final report will be delivered via email in PDF format. Requests for alternative formats, including printed copies, may be subject to an additional document processing fee.


20. Quote Validity and Claims Limitation

Any invoice or quote issued by Sea Captain Marine Surveyor Inc. shall be considered void if not accepted within 30 days of its issuance. Any claims or disputes against the Surveyor/Consultant by the Client must be submitted within one (1) year from the date the survey report is issued. After this period, any claims shall be deemed waived and time barred.


21. Subcontracting

The Surveyor/Consultant reserves the right to subcontract any services provided under these Terms and Conditions, subject to the Client’s right to object on reasonable grounds. In the event that services are subcontracted, the Surveyor/Consultant shall remain fully responsible for ensuring the proper fulfillment of all obligations under this agreement.


22. Survey Limitations

The Surveyor conducts a visual, non-invasive inspection of the vessel and its accessible components. The Surveyor does not disassemble, remove, or test any parts of the vessel that require destructive or intrusive methods. Areas that are not readily accessible due to vessel design, obstructions, or the Client’s failure to provide access may not be inspected. The Surveyor shall not be held responsible for deficiencies or defects in such areas.


23. No Guarantee of Future Performance

The survey report reflects the vessel’s condition at the time of inspection but does not guarantee its future performance, seaworthiness, or compliance with regulatory requirements. The Surveyor performs a visual, noninvasive assessment and cannot predict latent defects, hidden structural issues, intermittent system failures, or other deficiencies that may develop after the survey is completed. The Surveyor shall not be liable for any subsequent failures, damages, or losses arising from issues that were not detectable at the time of inspection.


24. Third-Party Reliance and Report Non-Transferability

The survey report is prepared exclusively for the Client named on the invoice and for the specific purpose stated therein (e.g., pre-purchase, insurance renewal, or valuation). Sea Captain Marine Surveyor Inc. acknowledges that, in the course of a pre-purchase or insurance survey, the report may be reviewed by the Client’s insurer or financial institution solely for underwriting or financing purposes. This limited use does not extend to any other person or subsequent transaction. Any unauthorized use, reproduction, or reliance on the report by a third party—including but not limited to the resale or distribution of an insurance survey for pre-purchase purposes—is strictly prohibited. Sea Captain Marine Surveyor Inc. accepts no responsibility or liability for any loss, claim, or damage suffered by a person or entity who relies on the report without being the commissioning Client or without the company’s written consent.

25. Governing Law and Jurisdiction

This agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada. Any disputes, claims, or legal proceedings arising from this agreement shall be subject to the exclusive jurisdiction of the courts of British Columbia, with Nanaimo as the designated venue for legal matters. Any dispute shall first be submitted to mediation or arbitration before resorting to litigation, unless otherwise required by law.


26. Force Majeure

The Surveyor shall not be held liable for any delays, failure to perform, or additional costs incurred due to circumstances beyond their reasonable control, including but not limited to adverse weather conditions, mechanical failures, scheduling conflicts, or force majeure events.


27. Third-Party Delays

The Surveyor shall not be liable for delays, rescheduling, or additional costs resulting from the Client's failure to provide timely access, incomplete vessel preparation, or the actions or omissions of third-party service providers (e.g., brokers, marina personnel, or haul-out contractors). Any such delays shall not constitute grounds for penalty, discount, or liability.


28. Limitation Of Liability

Sea Captain Marine Surveyor Inc. will exercise reasonable skill, care, and diligence in carrying out its professional duties in accordance with recognized marine-surveying standards. The company’s responsibility is limited to providing an informed professional opinion based on the conditions observed at the time of inspection. Sea Captain Marine Surveyor Inc., its surveyors, employees, and agents shall not be liable for any loss, damage, or expense except where such loss arises directly from proven negligence or willful misconduct. In such cases, liability is limited to the reasonably foreseeable direct damages resulting from that negligence and does not extend to any indirect, consequential, incidental, or punitive damages, including but not limited to loss of use, profit, or vessel value. Nothing in this clause limits or excludes any legal rights or remedies available under applicable law that cannot lawfully be limited under the laws of the Province of British Columbia or the Canada Shipping Act.


29. Indemnification

29.1. The Client agrees to defend, indemnify, and hold harmless Sea Captain Marine Surveyor Inc., its surveyors, officers, employees, and agents from and against any and all claims, demands, actions, liabilities, losses, damages, judgments, or expenses (including reasonable legal fees) arising from or relating to:

(a) the Client’s breach of these Terms and Conditions;

(b) any unauthorized third-party reliance on the survey report;

or (c) any damage or injury occurring during the survey attributable to the Client’s negligence or failure to ensure safe conditions.


29.2. Sea Captain Marine Surveyor Inc. shall indemnify the Client solely for direct damages caused by the Surveyor’s gross negligence or willful misconduct, subject always to the Limitation of Liability in Section 25.


30. Professional Qualifications and Industry Standards

Sea Captain Marine Surveyor Inc. performs all surveys in accordance with recognized marine industry standards and professional practices. The attending surveyor holds Transport Canada certification as Master 150 Gross Tonnage, Chief Mate 500 Gross Tonnage, Bridge Watch Rating, and Small Vessel Machinery Operator (SVMO), with all required STCW training completed. The surveyor is a member of the American Boat and Yacht Council (ABYC), the National Fire Protection Association (NFPA), the Canadian Association of Certified Marine Surveyors (CACMS), and the Association of Certified Marine Surveyors (ACMS) in the United States. Inspections and reports are guided by the Transport Canada Small Vessel Regulations (SOR/2010-91), Construction Standards for Small Vessels (TP1332E), Safe Boating Guide (TP511E), the Canada Shipping Act 2001, ABYC standards, and NFPA 302 Fire Protection Standard for Pleasure and Commercial Motor Craft. Sea Captain Marine Surveyor Inc. adheres to these references as best-practice guidelines and maintains continuing education through technical training and seminars to ensure current knowledge and professional competency.


31. Entire Agreement and Amendment

These Terms and Conditions, together with any attached invoice or written proposal, constitute the entire agreement between the parties and supersede all prior or contemporaneous oral or written representations, agreements, or understandings relating to the survey services. No amendment or modification of these Terms and Conditions shall be binding unless made in writing and signed by both Sea Captain Marine Surveyor Inc. and the Client. The Client acknowledges that no representative of the Surveyor has authority to alter or waive any provision of this agreement except by written instrument.


FINAL AGREEMENT

The survey report is not a form of insurance, guarantee, or warranty. By signing below, I acknowledge that I have read, understood, and agreed to the 31 Terms and Conditions outlined above. I authorize Sea Captain Marine Surveyor Inc. and/or its representatives to proceed with the agreed-upon survey services.

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