Help Yacht Survey T&Cs

[pauln]

I am buying a yacht and arranged for a surveyor who is a member of a recognised body to do a pre-purchase survey. I am concerned about the terms and conditions I have been sent to sign. They are written very legally and one clause seems to be limiting the third party liability of the survey company to 10 times the fee charged. They say this is a normal survey contract. Could anyone comment.

 

[mandlmaunder]

Is the surveyor YBDSA accredited as a full member not an assosiate?

 

[FullCircle]

I would not accept that. Your builder/plumber/electrician will be carrying a minimum of £3m third party liability cover, and I would expect a surveyor to do the same.
In fact my own cover is £5m for being an design engineer.

 

[pauln]

They are IIMS and I think associate.

 

[luddites]

attempting to limit liability for negligence is not a lawful contract and could not be enforced whatever they say, IMHO of course.

 

[HLMJ]

Plenty more surveyors ...

If it's only an insurance survey, then fair enough. If it's a full pre-purchase hull survey you need then find someone else! The surveyor has to take liability if he screws up or you have zero recourse.

While you're at it, ask the surveyor if you can be there, at least for the last hour. You're paying, so expect a walk through and a sit-down discussion as to what was found. That will shorten your list too http://www.ybw.com/forums/images/icons/wink.gif

 

[moody1]

[ QUOTE ]
They are IIMS and I think associate.

[/ QUOTE ]

I contacted our Marine Surveyor friend and he told us that it is standard clause for an International Survey Company to have such limit. One or two actually reduce that to 3x fees paid. But enforceability is subject to the country of Inspection and Company involved. It is actually based on Shipping and Cargo rather than Yachts.
IIMS is a totally different group compared to such as YBDSA. IIMS has a lot of Full Marine Surveyors in and therefore is influenced accordingly.

 

[Endeavourquay]

Some of the insurance companies that the Surveyors get their Insurance from insist on certain terms and liability limitation clauses, ask your surveyor to explain in plainer English what is covered and what is not.
It is to protect the insurance companies from the risk that something that might not have been very obvious, turning out to be more serious, and the customer then sueing every last penny out of them.