Vessel Condition Survey Limitations

Machinery and ancillary equipment, masts, spars, rigging, sails, gas and other fuel installations, electrical, electronic, navigational and other sundry equipment are inspected for visual appearance and installation standards without dismantling or specific test.

The survey does not cover areas that are accessible only by invasive or destructive means. Parts of the structure that are covered, unexposed or inaccessible are not inspected and therefore no indication is given that they are defect free. Where hulls are heavily coated (paint, pitch, resin or other coating), either externally or internally, the condition of the substrate can only be estimated from the condition of those sample areas that are scraped clean.

Machinery, electrical, gas and other equipment is inspected as seen in position without dismantling. The motor and other mechanical installations are inspected visually and, if presented in commission, are run to assess general operating characteristics, vibration, leaks. No mechanical strip down, compression testing or oil analysis is carried out within the scope of a Vessel Condition Survey and so no detailed comment on the internal condition is possible.

All gas systems should be regularly tested by a qualified gas fitter as part of a normal preventative maintenance routine.

Please note that where reference is made to the condition of a vessel or its equipment this should be understood to be relative to the vessel's age (eg 'very good condition' does not therefore necessarily mean 'as new' ).

Windows, ports and hatches are inspected visually but are not hose tested for water tightness. Hull fastenings and skin fittings are not withdrawn except by special arrangement.

All opinions expressed in this report are given in good faith but notwithstanding this the information contained may be inaccurate or misleading. Unless specifically stated to the contrary the inspection and any comments made as to design, performance and stability of the vessel are based on the assumption that the vessel will be used as a private pleasure boat in waters for which it was designed. Unless specifically stated to the contrary, this inspection does not seek to address compliance with any national or international courts, standards and regulations. It is the responsibility of the user of any vessel to ensure that it is equipped with all appropriate safety equipment in good functioning order.

No responsibility is accepted by BoatsTasmania Pty Ltd for any loss or expense whatsoever incurred through reliance on any information contained in any Vessel Condition Report.

BoatsTasmania Pty Ltd and the inspector declare that they have no interest directly or indirectly in the vessel inspected unless specifically so indicated.

Terms and Conditions

1. All services and reports are provided for our named Clients' use only. No liability of whatever nature is assumed towards any other party and nothing in these terms, or the relationship between BoatsTasmania Pty Ltd ('we') and our Clients, shall confer or purport to confer on any third party a benefit or the right to enforce any provision of these terms.
2. We shall undertake the services to which these terms relate with reasonable care, skill and diligence, but we shall have no responsibility whatsoever except insofar as the Client suffers loss or damage in consequence of our negligence, gross negligence or willful default. Notwithstanding any other provision of these terms:
   1. our liability shall expire 12 months after completion of the services in respect of which liability is alleged to arise and we shall thereafter have no liability in respect of those services and/or any alleged default in connection with the provision thereof;
   2. we shall not be liable in respect of any breach of our obligations (1) for any loss, damage, delay or expense of whatever nature whether direct or indirect (including but not limited to loss of profit and loss of use) and howsoever arising or resulting whether directly or indirectly in the course of or as a result of the provision of our services, under these terms or otherwise, (2) 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 a breach, or (3) resulting from unforeseeable causes beyond our reasonable control;
   3. the Client covenants with us and our servants and agents that no such servant or agent shall in any circumstances whatsoever be under any liability for any loss arising or resulting directly or indirectly from any act, neglect or default on his part while acting in the course of or in connection with his employment and, without prejudice to the generality of the foregoing, every exemption, limitation and condition herein contained and every right, exemption and limitation of liability applicable to us or to which we are entitled hereunder shall also be available to protect every such servant or agent acting as aforesaid and for the purpose of the foregoing provisions we are or shall be deemed to be acting as agents or trustees on behalf of and for the benefit of all persons who are or might be our servants or agents from time to time and all such persons shall to this extent be or be deemed to be parties to these terms;
   4. under no circumstances shall our liability exceed a total of ten (10) times the fee payable hereunder.

Fees

3. Fees and expenses shall become due and payable on such terms and in such amounts as shall be agreed from time to time. GST or equivalent shall be payable if applicable, in addition to 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 14 days of receipt. Interest shall be paid on all amounts owing at a rate of 3% above the Australian Reserve Bank standard rate.

Default

4. Client default: We may terminate our appointment forthwith if the Client fails for more than 14 days to pay any sum due when demanded, or if the Client fails consistently to respond promptly to requests for information and/or instructions and fails adequately to respond to 14 days formal notice of such failure, without prejudice to our accrued rights.
5. Other defaults: either party may terminate our appointment forthwith by notice if the other party shall: have a petition presented for its winding up or administration which is not discharged within 14 days of presentation or any other action is taken with a view to its winding up (otherwise than for the purpose of reorganisation or amalgamation without insolvency), or become bankrupt or commit an act of bankruptcy, or make any arrangement or composition for the benefit of creditors, or have a receiver or manager or administrative receiver or liquidator appointed in respect of any of its assets, or have anything analagous to any of the foregoing under the laws of any jurisdiction occur to it, or cease or threaten to cease to carry on a business; without prejudice to the accrued rights of any other party.

Miscellaneous

6. No exercise or failure to exercise or delay in exercising any right, power or remedy vested in either in either party shall be deemed to be a waiver by that party of that or any other right, power or remedy.
7. Neither party shall transfer or assign its rights or obligations under these terms without prior written consent of the other.
8. In the event that any provision of these terms is held to be a violation of any applicable law, statute or regulation the same 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 therein. Notwithstanding the foregoing 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.
9. 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.
10. References to “we” and “us” include our employees and persons, firms and companies appointed or engaged by us as our 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 sub-contracted or delegated by us, and all agents and employees of persons, firms and companies referred to in this clause.
11. 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 email 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.
12. Both parties undertake to maintain the confidentiality of all information supplied by each other and not to divulge such information to third parties without prior written authority of the other.

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