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Terms and Conditions of Business
TERMS AND CONDITIONS OF BUSINESS
It is understood and agreed that the surveyor’s report will be a factual statement of the examination carried out within stated limitations and with opinions given in good faith as far as seen and accessible at the time of the survey. It carries with it no guarantee against faulty design or latent defects or suitability of the vessel for any particular purpose, nor any guarantee of compliance with any particular national or international rule, requirement, regulation, law, standard or code, unless specifically requested as a special instruction on this form and confirmed in the text of the report.
Liability for the report is solely to the instructing client and to no other third party, unless otherwise specified and agreed. It is further agreed that no liability will arise for any consequential or economic loss, loss of profits, business interruption or loss of use. It implies no guarantee, no safeguard against 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., or agreement and permission and instructions not being given to the surveyor to gain access to closed off areas.
The 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.
It is understood that estimates of cost of repair given in the report are rough estimates. Clients should be aware that costs vary subsequently from agency to agency and written quotations should be obtained before decisions made.
Notice of a claim or suit must be made to Omega Yacht Services in writing within 90 days of the date the services were first performed. Failing which lack of notice shall constitute an absolute bar to the claim or suit against Omega Yacht Services.
Both parties undertake to maintain the confidentiality of all information supplied by each other and not to divulge such information to third parties without the prior authority of the other. Omega Yacht Services purports to provide an advisory service only, based on the opinion and experience of the consultant responsible for its compilation and issues such advice without prejudice nor guarantee. Dimensions and specifications given of the vessel are approximate.
These terms and conditions shall be governed by and construed in accordance with English law and any dispute arising hereunder shall be submitted to the exclusive jurisdiction of the Courts of England and Wales.
