Southwind Marine Services      
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Survey Agreement

                                                             
                                                  SOUTHWIND MARINE SERVICES
                                              John B Chilton III AMS 998 Thompson Rd.
                                                              Pegram, TN. 37143
                              Phone: 615-646-0491, Fax: 615-646-3528, Cell: 615-419-6462                                                     
                                                    Email: JCHIL10223@AOL.COM

                MARINE SURVEYOR     MEMBER  ABYC    SAMS     USCG LICENSED CAPTAIN
___________________________________________________________________________________________           
                                                          SURVEY AGREEMENT

                                                                                                  Date:
                Client’s Name:

               Home:                            Cell:                                     Email:
               Survey Type:                                                              Type:
               Boat Name/Official Number:
               Year:                   Builder/Model:                                Length:
               Hull Material/Construction:                                         Engines:
               Owner/Broker:                                                            Phone:
               Survey Date:                                                              Time:
               Vessel Location:

              Haul Out Yard: Time:
              (Note: Arrangements for haul-out and payment for haul-out are the responsibility of the party
              contracting for the survey, and not included in survey price).

              Sea Trial:                                                                       Travel:

              Price US: $                                                                   Total: $                             
              (Due at time of inspection).

             I understand that the survey report does not constitute a guarantee or warranty of the subject
             vessel. The report is a statement of the apparent condition, a list of recommendations, and an
             opinion of the Fair Market Value at the time of the survey only. I have read and hereby agree and
             consent to the terms and conditions on Pages 2  and 3 of this agreement.
 
                                                        Party Contracting Marine Survey  ______________Date                          

             Boarding Authorization: John Chilton, Marine Surveyor, is hereby authorized to board the above
             named vessel for the purpose of conducting a marine survey.

             _____________________Vessel Owner or Authorized Agent _____________Date  

   

Southwind Marine Services - Survey Agreement Page 2

TERMS AND CONDITIONS

A Marine Survey is an opinion only. It does not provide a warranty or guarantee of any kind. In no
event, shall any liability exceed the cost charged for the survey.

If the survey is terminated or canceled within 72 hours of the survey or prior to its completion a minimum of 75 % of the agreed survey price will be charged along with the full cost of any travel expenses. The survey agreement must be received within 24 hours or the reservation date may not be held.

My survey procedures, described below, conform to the common practice for marine surveys by members
of the Society of Accredited Marine Surveyors.

The following procedures are used in my surveys and appraisals and are for the exclusive use of the
person named as "Client" on Page 1 of this agreement. The survey is not transferable to any other
person or entity and the information provided here is for the use of this client only. Subsequent
buyers are excluded as third parties. This agreement specifically excludes any liability of
Southwind Marine Services or the attending surveyor to any third party.


Acceptance and use of this report by the client acknowledges the client’s understanding that the report has been composed of information that is believed to be true after reasonable investigation and inquiry but is not warranted to be so. The information was obtained without drilling, diving, ultrasonics, cleaning or opening up to expose parts or conditions ordinarily concealed. There were no tests for tightness or soundness conducted other than the conditions noted visually.

Acceptance and use of this report acknowledges the client’s understanding that no determination of stability or structural strength has been made and no opinion is expressed.

A
cceptance and use of this report acknowledges the client’s understanding that Southwind MarinServices does not accept any responsibility for damage or deterioration not found or discovered during the course of the survey, nor for consequential damage, deterioration or loss due to any error or omission. 

The Client hereby undertakes to keep the Surveyor/Consultant and its employees, agents and subcontractors indemnified and to hold them harmless against all actions, proceedings, claims, demands or liabilities whatsoever or howsoever arising which may be brought against them or incurred or suffered by them, and against and in respect of all costs, loss, damages and expenses (including legal costs and expenses on a full indemnity basis) which the Surveyor/Consultant may suffer or incur (either directly or indirectly) in the course of the services under these Conditions. 

Notwithstanding the above clause, in the event that the Client proves that the loss, damage, delay or expense was caused by the negligence, gross negligence or willful default of the Surveyor/Consultant aforesaid, then, save where loss, damage, delay, or expense has resulted from the Surveyors/Consultant’s personal act or omission committed with the intent to cause same or recklessly and with knowledge that such loss, damage, delay or expense would probably result, the Surveyor’s/Consultant’s liability for each incident or series of incidents giving rise to a claim or claims shall never exceed a sum calculated on the basis of ten times the Surveyor’s/Consultant’s charges. 

A condition and valuation survey will include reasonable visual inspection of all vessel  parts where accessible, including the apparent condition and safety of these parts and of installed equipment. A written survey report will be prepared after a thorough visual examination of the hull topsides, machinery, rigging, hardware, and equipment. The survey report will include a comprehensive description of the vessel, a statement of the fair market value and replacement value and recommendations for items necessary to reasonably ensure safety and the fitness of the vessel for its intended service. Minor cosmetic issues not materially affecting value may not be addressed. The mandatory standards promulgated by the United States Coast Guard (USCG), under the authority of Title 46 United States Code (USC); Title 33 and Title 46 Code of Federal Regulations (CFR), the voluntary standards and recommended practices developed by the American Boat and Yacht Council (ABYC), and the standards of the National Fire Protection Association (NFPA), will be used as guidelines in the conduct of this survey, but complete compliance with such standards is not guaranteed. 

All normally accessible parts of the vessel will be inspected. Fixed parts will not be removed,
including fittings, fasteners, furniture, screwed panels, or joiner-work. Locked compartments and lockers cannot be inspected. Nor will stores and equipment be removed. Owners, sellers, or their representatives (captain, broker, etc.) should make sure that the vessel is prepared for survey with compartments unlocked, stores and excess equipment removed, and maximum access to all areas of the vessel provided. Machinery, belts, hoses, tanks, and piping will be visually inspected where normally accessible. No disassembly, sampling, destructive testing, chemical or physical analysis, compression or pressure testing will be performed except by prior arrangement and with written permission of the owner of the vessel. Machinery and equipment may be inspected while operating only when the owner or owner's representative (captain, broker, etc.) is present to operate the machinery. Depending on conditions observed visually, further testing may be recommended. In cases where the condition of engines is critical it is recommended that a qualified marine mechanic be engaged for a separate mechanical survey.

For sailing vessel surveys, spars and rigging will be visually inspected as accessible from on
deck, and sails will be inspected as found furled or bagged unless other arrangements are made prior to the survey. Depending on these observations, further inspection may be recommended. Inspections aloft should always be made before sailing offshore. 

Determination of inherent design and stability characteristics is beyond the normal scope of a marine survey. The survey report is not to be considered an inventory or a warranty, either specified or implied. Latent defects may exist that are not discoverable under normal inspection methods, and no warranty is offered with respect to latent defects. The survey results are an opinion of the condition and value of the vessel. The survey inspection and report will not guarantee the present or future condition of the vessel. 

The written report will be available not more than ten (10) working days after the physical inspection unless prior arrangements are made for "rush" delivery. The report will not be made available to any other party without the permission of the client. The client is encouraged to attend the survey, and verbal consultation may be provided prior to delivery of the written report. Payment is due at the time of the inspection.


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