The Pre-Purchase Survey (sometimes called a Full Condition Survey) is the most comprehensive type of survey available and we strongly advise you order one when purchasing a used vessel.
Because our surveyors are also qualified and highly experienced marine engineers we're prepared to include a free Engine and Systems Survey with a Pre-purchase Survey at no extra cost.
We strongly recommend that a Sea Trial is conducted as part of your Pre-Purchase Survey. We believe it's an important part of evaluating a vessel; its engines, its systems, how it handles and its overall performance.
When you want to insure a boat, or renew your existing insurance policy, your insurance company will need an Insurance Survey in order to determine the condition and fair market value of the boat.
A Valuation Report frequently comes as a standard part of another type of survey; our Pre-Purchase Surveys, Insurance Surveys and Financial Surveys can all include a Valuation Report.
Financial Institutions often lend money against the security of a yacht or powerboat and when they do they need independent verification that the vessel is in reasonable enough condition to justify the amount of money being loaned.
“I just wanted to thank you for the brilliant job you did on my pre-purchase survey. Your patience, flexibility and accessibility were greatly appreciated. Your attention to detail and thoroughness surpassed every expectation I had. On a side note, even the insurance company made mention that this was the "most comprehensive survey we have ever seen". Thank you for making this part of the buying process less stressful.”
When you are happy with our quote then there is some paperwork that needs to be completed in order for us to undertake the Survey you require. We have outlined the 4 steps below.
Initially we ask you to fill out as much of our Enquiry Form as possible, either by clicking here or downloading the Enquiry Form and sending it to us in the post.
We will then raise a contract. An example of which can be downloaded here.
Here is a copy of Atlas Yacht and Powerboat Surveyors Standard Marine Terms & Conditions, Our standard Terms & Conditions can be downloaded here.
Definitions
Agreed Indemnity Limit: £175,000. This is the maximum limit of our liability to the Client, under any circumstances.
Client: The party at whose request and/or on whose behalf we undertake this Survey.
Disbursements: All reasonable costs incurred in the execution of Scope of Work including, but not restricted to air fares, mileage, hotel, refreshments, photographic and reproduction of drawings, etc electronic transmission fees where appropriate.
Scope of Work: The nature of Survey that will be conducted upon receipt of instructions given by, but not limited to, letter, fax, electronic mail, telephone.
“Survey” and “Survey Report”: The Survey and the Survey Report that form the subject matter of this Agreement.
Survey Fee: The agreed amount, not including Disbursements, which will be charged in addition in accordance with clause 4 of the terms below.
This Agreement is made subject to the following terms:
e:15px;">1. Limitations of liability
1.1 All services and reports are provided for the named Client’s use only. No liability of whatever nature is assumed towards any other party and nothing in these terms, or the relationship between us 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 the Agreement and any person who is not a party to the Agreement shall have no right under that Act to enforce any term(s) of the Agreement.
1.2 We shall undertake the services to which these terms relate with reasonable care, skill and diligence. Notwithstanding any other provision of these terms or any other agreement reached between the Parties we shall not be liable under the Agreement for any loss or damage caused in circumstances
1.2.1 Where there is no breach of a legal duty of care owed to the Client by us or those for whom we are responsible or
1.2.2 Where, notwithstanding any breach as aforesaid, any loss or damage is not a reasonably foreseeable result of any such breach.
1.3 We 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 the Agreement.
1.4 Any claim by the Client in respect of any breach of our obligations hereunder must be notified to us as soon as is reasonably practicable after the Client becomes aware of the breach but no later than 1 month from submission of the report. Where any breach is capable of remedy, we must be afforded a reasonable opportunity to put matters right at our expense.
1.5 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/her part while acting in the course of or in connection with his/her 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 to be or be deemed to be parties to these terms.
1.6 The Client acknowledges and agrees that, for reasons of commercial practicality, it is necessary for us to limit our potential liability in respect of loss or damage suffered by the Client as a result of any breach by us of any of our obligations under the Agreement. As such, the Client acknowledges any agrees that no liability howsoever arising whether under the Agreement or otherwise shall attached to us except insofar as such liability is covered by any professional indemnity insurance referred to at paragraph 1.7 that we may hold from time to time and the aggregate amount of such liability shall in any event be limited to the Agreed Indemnity Limit.
1.7 We shall from time to time and as appropriate maintain professional indemnity insurance in the amount of the Agreed Indemnity Limit throughout the period of the performance of our duties hereunder provided that such insurance shall remain available at reasonable market rates.
1.8 Our liability shall not extend to particulars, data and other information given to us by others or obtained from outside sources, publications and the like reasonably relied upon by us, including but not restricted to Class records, registry details or other such information and no assurances can be given regarding the accuracy of the same.
1.9 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 or design.
1.10 The Client shall be responsible for any losses, expenses or other costs reasonably incurred by us that are caused by a breach of the Client’s obligations to us hereunder.
1.11 We shall not be liable in respect of any breach of our obligations hereunder resulting from unforeseeable causes beyond our reasonable control.
1.12 Notwithstanding any other provision of the Agreement, where the Client is acting in the course of a business or commercial operation:
1.12.1 Our liability shall expire six months after the date of the Survey Report and we shall thereafter have no further liability whether in contract, tort or otherwise;
1.12.2 We shall have no liability whether in contract, tort or otherwise:
gt;1.12.2.1 In respect of any consequential or economic loss or for loss of profit or turnover or loss of use suffered by the Client howsoever arising, whether under the Agreement or otherwise, and without prejudice to the generality of the foregoing we shall not be liable for any consequences of late performance of the Survey and / or late delivery of the Survey Report;
1.12.2.2 In respect of any breach of our obligations hereunder of which written notification shall not be given within 7 days of the date on which the Client ought reasonably to have become aware of the existence of such breach;
1.12.2.3 In respect of any loss, injury or damage sustained as a result of (i) any defect in any material or workmanship, or (ii) the act, omission or insolvency of any person other than ourselves, and we shall have no liability to indemnify the Client in respect of any claim made against the Client for any such loss, injury or damage;
1.12.2.4 Our liability shall be limited to the amount for which we would have been liable bur for the application of this paragraph less such sum(s) as would have been recovered by us (ignoring the operation of this paragraph) from any other adviser or contractor pursuant to the Civil Liability (Contribution) Act 1978 had we brought proceedings there under against such parties (they being deemed to have undertaken liability in no less onerous terms in favour of the Client than those contained herein) for a contribution or indemnity awarded in those proceedings.
1.13 Notwithstanding any provision of the Agreement:
1.13.1 All survey work undertaken hereunder shall be on terms that, unless otherwise stated in writing, no guarantee is given against faulty design, latent defects or of suitability of the vessel or other 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 systems. Such survey conditions, reservations and restrictions will be specifically stated in Survey Reports.
1.13.2 We 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.
2. Surveys
2.1 The Client’s instructions received either by electronic means, including but not limited to email, telephone, etc or in writing and the scope of our 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.
2.2 The Client undertakes to:
2.2.1 Ensure that full instructions are given to us and are provided in sufficient time to enable the required services to be performed effectively and efficiently. The Client agrees to disclose to us all relevant information of which they have knowledge, or to which they have access, in relation to the vessel to be surveyed; and
2.2.2 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 performed, and to 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 these requirements causing any failure on our part to undertake the Scope of Work the Client shall be responsible for all consequential costs incurred by us and in respect of any element of the Scope of Work undertaken.
2.3 To the ext that we are so instructed, we will inspect the vessel as thoroughly as is practicable and will endeavour to comment on the more important items wher
e, in our reasonable opinion, major costs consequences are considered likely to arise. It follows that we cannot comment on every minor matter but we will try to point out where small factors may become more serious. Our intention is to report on the integrity of the main structural or physical elements 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 our Survey Report(s) cannot cover hidden, unexposed or inaccessible areas of the vessel; neither can we undertake to investigate areas that we believe to be inaccessible at the time of inspection. Where we are unable to gain access to areas commonly accessible, we will endeavour to point this out in the Survey Report.
2.4 In every case, we recommend a full survey of a vessel, to include inspection of the vessel while lifted and while in the water. Where we accept inspections to survey a vessel solely on the basis of an inspection of the vessel while located out of the water, we make no representation and given no warranty as to either its watertight integrity, fitness for purpose or seaworthiness.
3. Valuations
3.1 All valuation work undertaken shall be in accordance with the Scope of Work and shall be on terms that, 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. In the event that the valuation is a forecast of that which might obtain at some point in the future, such valuation carries no guarantee nor is there warranty of watertight integrity, fitness for purpose or seaworthiness.
4. Fees
4.1 The Survey Fee and all Disbursements shall become due and payable on such terms and in such amounts as shall be agreed from time to tome. VAT or other EU equivalent and bank charges shall be payable, if applicable, in addition to all fees and expenses. Invoices shall be submitted in respect of all fees and expenses when due and the amount of each invoice shall be settled in advance or with the agreed time period stated on the invoice and from the date of the invoice. Thereafter, interest shall be payable on all sums owing and unpaid at a rate of 4% over the Bank of England base rate.
Cancellation of Survey
4.2 If the survey is cancelled by the client after a survey date has been agreed, a cancellation fee will be payable by the Client. If cancelled within 7 days of Survey date a 20% (of original fee) Fee will be payable. If cancelled within 48 hours of Survey date the full original Fee will be payable.
4.3 Change of Survey date, time or location. If the date of the Survey is changed by the Client an additional fee may be payable by the client. If Survey date is modified within 48 hours of the agreed date an additional fee of up 10% of the original agreed fee may be payable.
5. Default
5.1 Client default: we may terminate the appointment forthwith if the Client fails for more than 14 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 14 days’ formal notice of such failure, without prejudice to our accrued rights.
5.2 Other defaults: either party may terminate the 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 administrator or liquidator appointed in respect of any of its assets, 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; without prejudice to the accrued rights of the other party.
6. Law and disputes
6.1 These terms shall be governed by and construed in accordance with English law and any dispute or difference arising, or claim made, between or by the Parties out of or in relation to or in connection with the provision of services to which these terms relate and which cannot be resolved by the Parties shall be submitted to the non-exclusive jurisdiction of the Courts of England.
7. Miscellaneous7.1 No exercise or failure to exercise or delay in exercising any right, power or remedy vested in either party shall be deemed to be a waiver by that party or that or any other right, power or remedy.
7.2 Neither party shall transfer or assign its rights or obligations under these terms without the prior written consent of the other.
7.3 In the event that any provision of these terms is held to be a violation of any applicable law, statue 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.
7.4 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, an 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.
7.5 References to “we”, “us” and “our” 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.
7.6 Any communication require 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 contract details previously notified and any such notice shall be deemed to have been given at the time at which it would be in the ordinary course of transmission have been received.
7.7 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.
7.8 The report produced subsequent to Survey is copyright of Overseas Surveys. In the event that payment is not received under the provision of 4.1, copyright will be deemed withheld. The Client may not use, copy, disseminate or action the content of the report until the sums agreed are remitted. Overseas Surveys retains the intellectual property rights of the report.
7.9 We shall promptly notify the Client of any matter including conflict of interest or lack of suitable qualifications and experience, which would render it undesirable for us to continue our involvement with the appointment. The Client shall be responsible for payment of our fees and disbursements up to the date of notification.
In order to get the best out of your survey and to understand what can be carried out on the day we've included a 'Preparation & Scope of Survey' document for you to also consider.
Preparation
Good preparation of the vessel prior to a survey will greatly enhance the quality of the survey performed. For instance, if good arrangements for hauling or launching have been made with the boat yard, or if lockers are neat and accessible, more valuable time can be spent on the survey itself, as we will not empty out messy lockers.
If the survey being performed is a Pre-Purchase Survey, it is likely that a yacht broker is involved and it is his task to make the necessary arrangements.
The following check list may come in handy when preparing the boat for a survey:
• The owner or his/her representative, has given written permission for the survey
• The broker's listing has been made available to the surveyor
• Owners' manuals and service records are on board
• An original Bill of Sale will help to establish the boat Owner and whether there is more than one Owner
• Arrangements for hauling or launching have been made with the boat yard or marina
• Keys or lock combinations are available as well as the ignition key Winter covers have been removed; properly surveying a boat laid up for winter under a cover is nearly impossible
• DC power is available, batteries are fully charged
• Water tanks are sufficiently filled to test water systems
• Electronics are installed
• Toilets are ready
• Bilge pumps are operational
• Lockers are clear of gear
When arranging for a Sea Trial:
• The boat must be operated by the Owner or his authorized representative. Depending on the size of the boat or if trials under sail are required, additional crew may be necessary
• The owner must have the boat adequately insured
• Sufficient fuel must be on board
• The engines must be ready
We encourage our Clients to attend the survey, but otherwise the number of persons should be limited to those who are needed to operate the boat.<
During the survey we need uninterrupted time to inspect, review and evaluate, and we need to finish our work before we can share important initial findings with the Client. Please note that the survey is not complete until you have received the written Survey Report.
The survey findings will be discussed with you, the Client only, not with the boat Owner or the Broker.
***Please note that the buyer is responsible for the hauling or launching charges.
Scope of Surveys
The purpose of a marine survey inspection is to determine - insofar as possible within the limitations of visual and physical accessibility - through non-invasive and non-destructive means, the boat's structure, systems, cosmetics, and levels of compliance with currently applicable law and commonly accepted industry standards and practices.
Certain parts of the boat's structure, systems, and equipment can only be inspected after removing, bulkheads, joinery, headliners, tanks, etc. This is prohibitively time consuming, potentially destructive, and costly to restore. Unless specifically agreed upon prior to the survey, and only after having received permission by the Owner or his/her representative, components requiring access with tools or by disassembly will not be inspected.
Where dirt, marine growth, coatings buildup or corrosion restricts the surveyor's ability to inspect, this limitation will be noted in the report. Conditions suspected or discovered using non-destructive methods may be further subject to invasive testing for confirmation. No invasive or destructive methods will be utilized during the inspection without the express permission of the boat's owner or his/her representative.
Hull and deck mouldings will be subject to close visual inspection and Moisture Meter readings. Moisture readings can only be taken on clean and dry surfaces, and can only be conducted when air temperatures and the temperature of the laminate of hull and decks are above freezing. They are only a guide and are not a guarantee against present or future moisture intrusion into the laminate or core material or against the existence of, or future development of osmotic blisters. They are generally not reliable on bottom laminate, which is painted with cupreous paints, or on salt covered decks and topsides.
The use of electronic moisture detection equipment in marine surveying is a relatively new technology. These instruments and their readings are subject to expert techniques and interpretations. In our opinion, moisture detection equipment should never be relied upon exclusively or out of context of other usual and customary survey observation practices and field testing methods.
If the mast remained is stepped, it will be viewed from deck level only. We advise that a experienced rigger is employed to check all rigging. Complete inspection of machinery, plumbing, electrical systems and equipment can only be made by disassembly or continuous operation. This will not be done, but may be advised. We will undertake mechanical tests will be performed on propulsion or auxiliary generating equipment. Compression tests will be performed if required and we have permission from the owner and it’s deemed necessary. Oil inspections will be performed if required. Only the installation and external condition of machinery and accessory equipment will be inspected. This should not be considered a complete mechanical inspection. We are qualified marine mechanics experienced with the specific machinery installed and can survey propulsion engines and auxiliary generators. However the propulsion and rudder shafts will not be drawn for inspection and no engine/propeller shaft alignment will be checked unless specifically required. The inspection of flexible piping will be limited to the condition of its external casing and only where readily accessible for visual inspection.
Electronic and electrical equipment will be tested by powering up and their basic function will be observed. No measurements will be taken; no calibrations or adjustments will be made. Only the external condition of electrical wiring, connections, and system installation will be inspected. No attempt will be made to perform a complete analysis of the boat's electrical systems, as to do so would require disassembly with tools, removals, etc, to gain access to components.
Generally, it is our experience that few boats surveyed today meet all of the applicable standards for marine electrical system fabrication and installation. This situation may be further aggravated by the wet and corrosive marine environment, and often by the owner's tolerance for poor installations, do-it-yourself add-ons, and a general lack of preventative maintenance. Therefore, when the surveyor's limited visual inspection of an electrical system raises significant concern regarding standards compliance, the recommendation will be made to employ one of our qualified marine electricians for an in-depth inspection. The Gas system will be checked but we advise that you also get the system approved by a qualified Gas Engineer. Attention to compliance with electrical standards is critical to avoiding conditions that may lead to fires, explosions, personal injury, or death.
A sea trial is strongly recommended and will be conducted if requested by the client. The boat must be operated by its owner or the owner's authorized agent. If no test run is requested, and if the boat is afloat, operation of propulsion and auxiliary machinery and the steering system will be observed in static mode. If the boat is blocked ashore, no machinery will be operated. Boats in a state of winter lay-up preclude operation of winterised systems. Sails, bimini tops, awnings, winter covers, etc., that are furled or stowed below decks, are not rigged or laid out for inspection, will not be evaluated. Absent documentation to the contrary, used canvas will be assumed to be original equipment. Meaningful evaluation of biminis, awnings, and winter covers is best made by a qualified canvas maker. A Sea Trial will not be carried out if the weather is particularly inclement on the day and it’s advised not to go out. In such circumstances alternative arrangements will be made with the agreement of both parties.
Boat systems and their component parts have a limited useful life and must be considered perishable. Conditions affecting useful life include original material specifications, fabrication and manufacturing techniques, atmospheric exposure, service history, etc. These systems and their component parts often give no readily detectable external indication of deterioration or impending failure.
An assessment whether the boat is in full compliance with all of the rules regulations and standards will be beyond the scope of the survey. The surveyor will not warrant expressly or implied, or guarantee compliance of the boat with above mentioned rules, regulations or standards.
This document is provided to give Clients an understanding of the survey process and its limitations. Since records of the boat's history of use and past maintenance are typically not made available to the surveyor, reported observations will necessarily be limited to the boat's condition at the time the inspection is performed.
Lastly the brokerage or marina may ask to see our Surveyors' Insurance Documentation. A pdf copy can be downloaded here.