
Stephan Birke Certified Boatsurvey
-Your friend on the wave-
TERMS AND CONDITIONS FOR BOAT SURVEYS
A boat inspection is performed as a consulting assignment under professional responsibility. The final report is not a legal description of required repairs but rather a record used to assess the object's condition.
Background
When purchasing a leisure boat, a buyer has limited ability to claim defects after the purchase. This is because a buyer cannot claim a defect that they reasonably should have discovered during an inspection, considering the boat's condition, the normal state of similar boats, and the circumstances of the purchase. This is commonly known as the buyer's duty of inspection.
The purpose of a survey is to assist the buyer in fulfilling this duty and to assess the boat's condition. The surveyor's obligation includes the inspection, documentation, and, if needed, recommendations for further technical investigation. The professional liability for the assignment applies only to the formal client who hired the surveyor.
Scope of the Inspection
The survey includes a visual inspection of accessible parts of the hull, deck, and any technical installations that can be inspected at the time of the survey. The scope is also defined by what the parties have agreed upon. Functional testing is performed on agreed-upon installations, provided the circumstances at the time of the inspection allow for it.
Moisture readings of the hull and deck are a complementary check for fiberglass boats, provided the surfaces are accessible and dry. Moisture readings are not an exact science, and all results should be used as a guide only, especially if temperatures have been at or near freezing. Readings may also be impossible if materials on or inside the laminate affect the instrument. Further technical investigations beyond the scope of the visual inspection and moisture readings are not part of the standard assignment.
The surveyor provides a summary assessment of the boat's condition based on the visual inspection and moisture readings.
The Inspection DOES NOT Cover:
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Parts of the hull that cannot be examined without destructive testing or removing installations, linings, or other fixed interior parts.
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The condition of parts hidden underwater during an in-water inspection.
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Measurements using technical equipment other than a moisture meter.
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The condition of the engine, gearbox, drivetrain, or other related units in a legal sense.
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Verification of the manufacturing year for engines or equipment.
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Internal inspection of fuel, freshwater, or septic tanks.
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Sails, unless a sea trial is part of the inspection.
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Masts and rigging when the boat is rigged or if the mast and rigging are in an inaccessible location.
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Verification of ownership or if the boat is mortgaged.
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The surveyor is not responsible for defects that the owner knowingly or unknowingly failed to disclose or that could not be discovered without the owner's information.
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Minor defects from normal wear and tear may not always be noted.
Owner's Duty to Inform
It is essential for the surveyor to know what the owner knows about the boat. It is highly recommended that the owner is present during the survey to inform the surveyor of any known defects, damages, or repairs to the boat, engine, gearbox, or other installations that could affect the boat's safety or value. It's also recommended that the buyer or their representative is present.
Claims
Any claim against the survey must be made to the surveyor no later than one year after the assignment date. Any disputes will be handled by a Swedish court.
Welcome to Stephan Birke Marine Surveys for reliable and expert boat inspections!
Mail: Birke@boatsurvey.eu
Site under construction, for more information please visit our Swedish page
Batbesiktning.eu
