Some latest feedback ...
I have been looking forward to reading your report. It is thorough and concise.
- S. Luszniak.
I have to say I found your survey report very thorough and very detailed and it was
a great comfort to read it.
- O. Owens
Thanks for being so prompt with everything it's a five star service you give and
I will recommend you to anybody.
- G. Booth
I have found your service to be exceptional and will highly recommend you to anyone
in need of surveying in the future.
- B. Fowles
Very comprehensive, and inspires great confidence in the continuation of the purchase
of her... I thank you and have no problems advertising your skills to anyone.
- S. Musgrave
Thank you for your prompt and professional report.
- M. Henley
Many thanks Gerry for such a thorough survey and promptly carried out.
- C. Smith
Thanks for all your efforts today, was a pleasure.
- G. Pearce
It was a pleasure to meet you and also to learn so much more …
- W. Davies
Thanks for all you have done for us
- R. Buchan
Thank you for your time on Friday …. I can now go ahead with progressing the purchase,
- E. Nystrom
Thank you so much, a great Survey, will definitely be recommending you to anyone
who we know needs a surveyor.
- K. Cruxon
It was nice meeting you on Friday, especially someone so knowledgeable about boats
… I learned a lot from you.
Thank you so much for your comprehensive report; it has really given me peace of
mind with going ahead with the purchase.
- A. Martin
Many thanks for your thorough resumé of the survey. It was a pleasure to speak with
you and I would certainly recommend you to anyone else wanting a boat survey!
- S. Ratcliffe
Many thanks for that Gerry, a pleasure meeting with you an education much appreciated.
- G. James
Thank you very much Gerry. A very thorough survey - I shall certainly come to you
again if It ever buy another boat !
- M. Jeffrey
Thank you very much, I really appreciated being talked through the various points
on the day.
- K. Forster
Thanks Gerry . What a great service!!
- D. Slinger
Thank you for the survey. It was nice to meet and a pleasure to work alongside you.
We are very pleased with the result. If ever we are asked, we will certainly recommend
- R. Levy
Thank you Gerry – Superb speedy service.
- N. Evans
Thank you for the survey and a job well done
- J. Abbott
Thanks for the comprehensive survey report. It has given us the assurance we were
looking for to go ahead
- A. Howlan
Thank you for the survey, very well done ! I will have no hesitation in recommending
your excellent services to others.
- G. Evans
First class thanks Gerry. A very detailed report which also gives a very good work
list for the next season.
Thanks Gerry, for a thorough survey carried out in challenging conditions and for
my prompt receipt of it. I will find it a very useful guide in renovating.
Thank you for doing this so quickly we really appreciate it.
- M. Newsham
Thanks very much Gerry, have had time to read this through now. It is a very comprehensive
report and very helpful too.
- B. Bingham
Many thanks for this excellent report, both in content and format! Your prompt attention
is very much appreciated.
... we managed to have our warranty reinstated … thanks for your assistance.
- A&J. Baker
Thank you for this and your efforts and attention to detail. …. As member of the
local sailing clubs I will happily recommend you.
- B Oulton
Many thanks for your very comprehensive survey and for setting our minds at rest.
Gerry, many thanks for your survey report - it gives me great confidence in the purchase.
Thank you for the survey you conducted … and for your advice. You even included pictures
which the surveyor for the original purchase did not include. An excellent service.
Thank you for this it has given me full confidence in the purchase. I will be sure
to recommend you should anyone require a surveyor.
- Ben Hickman
I shall have no hesitation in using you again in the future.
- J. Neale
.... negotiated a significant
price reduction to cover the cost of repairing the P Bracket so
particular thanks for bringing that matter to my attention.’
- Mr O’Loughlin
‘Excellent survey … appreciate a very professional & comprehensive survey ‘
- J Connor
‘Many thanks for
the survey … makes it easy to purchase with confidence. Thank you for your hard work
- D. Wareham
’Many thanks for
your thorough survey and comprehensive report. I thought you provided a thoroughly
- R. Loynes
‘Thanks Gerry, I really appreciate the speed of the survey and the swift report’
‘Thank you very much for the work .... It is perfect !’
- C. Peyre
‘Many thanks for the very full & informative survey’
- J . Snell
‘We are amazed at the detail ... service which definitely qualifies as above and
- G. Frost
‘Brilliant Gerry !Thanks so much.’
- Mr & Mrs Green
“Many thanks for your excellent survey report.”
- Mr Wynn
“Thanks you for your advice, help, very prompt survey and report and would have no
hesitation to recommend or use you again in the future.”
- Mr Greenwood
“Thanks Gerry – a very thorough & well presented professional service.”
- Mr Rice
Terms and Conditions
Standard YDSA Marine Survey Trading Terms of Business
THIS AGREEMENT is made this [ ] day of [ ] 2014 between: Ridge Marine
Surveying, Ltd Llwyn Ffynnon, Caernarfon Road, Pwllheli, Gwynedd, LL53 5YA (“the
Surveyor”) and [ ] of [address] (“the Client”) Collectively “the Clients”
IT IS AGREED These YDSA Surveyor’s Terms of Business (March 2010) shall form part
of the Agreement and that the Surveyor shall perform the Scope of Work (to include
the carrying out of any survey and the production of any survey or valuation report)
subject to the following terms:
1. Limitations of liability
1.1 The Surveyor shall undertake the services to which these terms relate with reasonable
care, skill and diligence.
1.2 The Client’s instructions and the scope of the Surveyor’s services hereunder,
are as defined in the Scope of Work. Any subsequent changes or additions to the Scope
of Work must be agreed in writing by the Parties.
1.3 The Client undertakes to:
1.3.1 ensure that full instructions are given to the Surveyor and are provided in
sufficient time to enable the required services to be performed effectively and efficiently.
The Client agrees to disclose to the Surveyor all relevant information of which they
have knowledge, or to which they have access, in relation to the Vessel to be surveyed;
1.3.2 in consultation with the Surveyor, procure all necessary access to premises
and vessels (including lift-out, trials and facility for inspection ashore and afloat
as appropriate) for no less than such a time as shall in each particular circumstance
be reasonable to enable all appropriate inspections and tests to be undertaken or
1.3.3 ensure that all appropriate safety measures are taken to provide safe and secure
working conditions provided always that in the event of any breach of the requirements
of Clauses 1.3.1 to 1.3.3 causing any failure on the Surveyor’s part to undertake
the Scope of Work the Client shall be responsible for all consequential costs incurred
by the Surveyor and in respect of any element of the Scope of Work undertaken.
1.4 Pursuant to the Scope of Work, the Surveyor will inspect the Vessel as thoroughly
as is practicable and endeavour to comment on the more important items where, in
the Surveyor’s reasonable opinion, major costs consequences are considered likely
to arise. It follows that the Surveyor cannot comment on every minor matter but the
Surveyor will try to point out where small factors may become more serious.
1.5 The Surveyor’s intention is to report on the condition of the hull(s), superstructure
and fixtures (if any) of the Vessel so far as can reasonably be ascertained from
a visual inspection of the Vessel at its location at the time of survey. The Client
accepts that the Surveyor’s survey report(s) cannot cover hidden, unexposed or inaccessible
areas of the Vessel, neither can the Surveyor undertake to investigate areas that
the Surveyor believes to be inaccessible at the time of inspection. Where the Surveyor
is unable to gain access to areas commonly accessible, the
Surveyor will endeavour to point this out.
1.6 In every case, the Surveyor recommends a full survey of a Vessel, to include
inspection of the Vessel while lifted out and while in the water. Where the Surveyor
accepts instructions to survey a Vessel solely on the basis of an inspection of the
Vessel out of the water, the Surveyor makes no representation and gives no warranty
as to the watertight integrity or buoyancy of the Vessel.
2.1 All valuation work undertaken shall be in accordance with the Scope of Work and,
unless otherwise stated in writing, such work relates solely to the date and place
referred to. Valuations are based on opinions only and are not representations of
fact, nor do they carry with them any guarantee of the particulars or information
on which opinions are based. Valuations assume a willing buyer and willing seller
and market conditions applicable at the time of valuation or such other date as is
expressly referred to.
3.1 The fee agreed between the Surveyor and the Client for the services to be provided
by the Surveyor under this Agreement (“the Survey Fee”) shall not include the costs
of travel, subsistence and accommodation which will be charged in addition and in
accordance with this Clause 3.
3.2 The Survey Fee and all expenses shall become due and payable on such terms and
in such amounts as shall be agreed from time to time. VAT or other EU equivalent
shall be payable, if applicable, in addition to all fees and expenses. Invoices will
be submitted in respect of all fees and expenses when due and the amount of each
invoice shall be settled within 28 days of the date of the invoice. Thereafter, interest
shall be payable on all sums owing and unpaid at a rate of 3% over Barclays Bank
plc (London) base rate.
4.1 The Surveyor shall not be liable under this Agreement for any loss or damage
caused in circumstances (i) where there is no breach of a legal duty of care owed
to the Client by the Surveyor or (ii) where, notwithstanding any such breach, any
loss or damage is not a reasonably foreseeable result of such breach.
4.2 All services and reports are provided for the Client’s use only. No liability
of any nature is assumed towards any other party and nothing in these terms, or the
relationship between the Surveyor and the Client, shall confer or purport to confer
on any third party a benefit or the right to enforce any provision of these terms.
The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply
to this Agreement and any person who is not a party to this Agreement shall have
no right under that Act to enforce any term(s) of this Agreement.
4.3 The Surveyor shall not be responsible for loss or damage or any increase in loss
or damage resulting from any material breach by the Client of any term of this Agreement.
4.4 Any claim by the Client in respect of any breach of the Surveyor’s obligations
under this Agreement must be notified to the Surveyor as soon as is reasonably practicable
after the Client becomes aware of the breach. Where any breach is capable of remedy,
the Surveyor must be afforded a reasonable opportunity to put matters right at his
4.5 The Client agrees that, for reasons of commercial practicality, it is necessary
to limit the Surveyor’s potential liability in respect of loss or damage suffered
by the Client as a result of any breach by the Surveyor of any of the Surveyor’s
obligations under this Agreement. As such, the Client agrees that no liability howsoever
arising whether under this Agreement or otherwise shall attach to the Surveyor except
insofar as such liability is covered by the professional indemnity insurance referred
to at paragraph 4.6 and such liability (including Claims Expenses) shall in any event
be limited to £100,000 or such higher sum as the parties shall agree in writing prior
to commencement of the services to which these terms relate (hereafter referred
to as “the Agreed Indemnity Limit”).
4.6 The Surveyor shall maintain professional indemnity insurance in the amount of
the Agreed Indemnity Limit throughout the period of the performance of the Surveyor’s
duties hereunder provided that such insurance shall remain available at reasonable
4.7 The Surveyor’s liability shall not extend to particulars, data and other information
given to the Surveyor by others or obtained from outside sources, publications and
the like reasonably relied upon by the Surveyor, including Class records, registry
details or other such information and no assurances can be given regarding the accuracy
of the same.
4.8 Unless otherwise stated in writing, all services and reports are provided on
the basis that they carry no guarantee regarding ownership or title, freedom from
mortgages or charges, debts, liens or other encumbrances, or vessel stability, performance
4.9 The Client shall be responsible for any losses, expenses or other costs reasonably
incurred by the Surveyor that are caused by a breach of the Client’s obligations
to the Surveyor hereunder.
4.10 The Surveyor shall not be liable in respect of any breach of his obligations
hereunder resulting from unforeseeable causes beyond the Surveyor’s reasonable control
Business or Commercial Operations
4.11 Notwithstanding any other provision of this Agreement, where the Client is acting
in the course of a business or commercial operation:
4.11.1 the Surveyor’s liability shall expire twelve months after the Survey Report
is delivered to the Client and The Surveyor shall thereafter have no further liability
whether in contract, tort or otherwise; and
4.11.2 the Surveyor shall have no liability whether in contract, tort or otherwise
126.96.36.199any consequential or economic loss or for loss of profit or turnover or loss
of use suffered by the Client howsoever arising, whether under this Agreement or
otherwise, and without prejudice to the generality of the foregoing the Surveyor
shall not be liable for any consequences of late performance of any survey and/or
late delivery of any survey report;
188.8.131.52 any breach of his obligations hereunder of which written notification shall
not have been given within 14 days of the date on which the Client ought reasonably
to have become aware of the existence of such breach;
184.108.40.206 any loss, injury or damage sustained as a result of:
i. any defect in any material or workmanship;
ii. an Act of God or other circumstances beyond the control of the Surveyor; or
iii. the act, omission or insolvency of any person other than the Surveyor; and the
Surveyor shall have no liability to indemnify the Client in respect of any claim
made against the Client for any such loss, injury or damage;
4.12 Notwithstanding any other provision of this Agreement:
4.12.1 unless otherwise stated in writing, no guarantee is given against faulty design,
latent defects or of suitability of any vessel or other item for any particular
purpose or of compliance with any particular local, national or international requirement
or code, and opinions are given without the benefit of running of machinery or opening
up or other dismantling whether of interior linings, machinery or other items or
4.12.2 the Surveyor shall have no liability whether in contract, tort or otherwise
in respect of the consequences of late, incomplete, inadequate, inaccurate or ambiguous
instructions or the non-disclosure by the Client of relevant information.
5 Law and disputes
5.1 This Agreement shall be construed in accordance with and shall be governed by
English law. All disputes arising out of or in connection with this Agreement shall
be submitted to the exclusive jurisdiction of the Courts of England and Wales.
6.1 The Surveyor may terminate the appointment forthwith if the Client fails for
more than 28 days to pay any sum due when demanded, or if the Client fails to respond
promptly to requests for information and/or instructions and fails adequately to
respond to 28 days’ formal notice of such failure, without prejudice to the Surveyor’s
6.2 Without prejudice to the accrued rights of the other party, either party may
terminate the appointment forthwith by notice if the other party shall become bankrupt
or insolvent, or make any arrangement or composition for the benefit of creditors,
or have anything analogous to any of the foregoing under the laws of any jurisdiction
occur to it, or cease (or threaten to cease) to carry on business.
6.3 No exercise or failure to exercise or delay in exercising any right or remedy
vested in either party shall be deemed to be a waiver by that party of that or any
other right or remedy.
6.4 Neither party shall transfer or assign its rights or obligations under these
terms without the prior written consent of the other.
6.5 In the event that any provision of these terms is held to be a violation of any
applicable law, statute or regulation, such provision shall be deemed to be deleted
from these terms and shall be of no force or effect and these terms shall remain
in full force and effect as if such provision had not been contained herein. Notwithstanding
this, in the event of any such deletion the Parties shall negotiate in good faith
in order to agree the terms of an acceptable alternative provision.
6.6 Except where expressly stated to the contrary in a written document signed by
the Parties on or after the date hereof, these terms form the entire agreement between
the Parties and supersede all previous agreements and understandings between the
Parties, and no warranty, condition, description, term or representation is given
or to be implied by anything said or written in negotiations between the Parties
or their representatives prior to the communication of these terms.
6.7 References to “the Surveyor” include the Surveyor’s employees and persons, firms
and companies appointed or engaged by the Surveyor as the Surveyor’s agents for carrying
out any work or services under these terms, all persons, firms and companies to
whom performance of any work or services under these terms is subcontracted or delegated
by the Surveyor, and all agents and employees of persons, firms and companies referred
to in this clause.
6.8 Any communication required to be given under these terms by either party shall
be in writing and shall be sufficiently given either by letter, fax or electronic
mail (provided the same is capable of being recorded by the recipient in durable
form) sent to the other at the contact details previously notified and any such notice
shall be deemed to have been given at the time at which it would in the ordinary
course of transmission have been received.
6.9 Each party undertakes to maintain the confidentiality of all information supplied
by the other and not to divulge such information to third parties without the prior
written authority of the other.
Words denoting the masculine include the feminine and neuter and vice versa.