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TERMS AND CONDITIONS FOR BOAT INSPECTION

 

The inspection—the assignment—is carried out as a consulting assignment under professional liability. The report is not a repair description in a legal sense, but merely a basis for assessing the condition of the object.

 

BACKGROUND

The buyer of a recreational boat can only to a limited extent claim, after the purchase, that faults and defects existed on the boat at the time of purchase. The buyer can thus not invoke defects that they should have discovered during an examination of the boat, and which were warranted given the boat's condition, the normal condition of comparable boats, and the circumstances of the purchase.

All of this is covered by what is customarily referred to as the buyer's duty to investigate. The purpose of an inspection is, among other things, to assist the buyer and assess the condition. The inspector's commitment during the inspection includes inspection and documentation, and where applicable, recommendations for further technical investigation according to the conditions listed below. The professional liability for the received inspection assignment applies only to the inspector's formal client.

INSPECTION

The inspection includes an internal and external visual inspection of accessible parts of the hull and deck, as well as the technical installations accessible for inspection at the time of the inspection and what has been agreed upon between the parties. Functional testing is performed on the technical installations that the parties have agreed upon and which, considering the prevailing circumstances during the inspection, allow for functional testing.

Moisture measurement of the hull and deck is performed as a complement on fiberglass boats using a moisture meter, provided that the hull and deck are accessible and their surfaces are dry. Moisture measurement is not an exact science, which is why all measurement results should only be used as guidance, especially if the temperature during the days before or at the time of the inspection has been, or is, near or below zero degrees Celsius. Moisture measurement can also be rendered impossible if there is material on or inside the laminate that affects the measuring instrument. If further technical investigation is required for a more detailed assessment of the boat's condition, which may be called for during the inspection and possible moisture measurement, this is not covered by the assignment.

Summary Assessment

Based on what has emerged during the visual inspection and any moisture measurement, a summary assessment of the boat's condition is made.

THE INSPECTION DOES NOT INCLUDE:

  • Hull parts that could not be examined without destructive testing or the removal of installations, trim, or other fixed furnishings, as well as the condition of what was hidden underwater when inspecting the boat in the water.

  • Measurements with technical measuring equipment other than moisture meters.

  • The condition of the engine and reverse gear, drivetrain, or other associated units is not covered in a legal sense.

  • Verification of the manufacturing year of the engines and equipment.

  • Internal inspection of fuel, freshwater, and septic tanks.

  • Sails, unless the inspection includes a test sail.

  • Masts and rigging when the boat is rigged or when the mast and rigging are difficult to access (e.g., stored in a mast shed).

  • Verification of the boat's ownership or whether the boat is used as collateral by a lending institution.

  • The inspector is not responsible for faults and defects that the owner consciously or unconsciously failed to disclose, or which could not be discovered without the owner's information.

  • Minor defects and faults resulting from normal wear and tear are not always noted.

THE OWNER'S DUTY OF DISCLOSURE

As it is of essential importance for the inspector to be aware of the owner's knowledge of the boat, it is desirable that they are present during the inspection. This allows them to inform the inspector about the faults and defects they are aware of regarding damage and repairs to the boat/engine/reverse gear/sterndrive and their function, as well as regarding other installations and equipment that can directly or indirectly affect the boat's overall seaworthiness or value. The buyer (or their representative) and the owner should be present during the inspection.

COMPLAINTS / CLAIMS

Any remarks or complaints regarding the inspection must be submitted to the Inspector no later than 1 year after the time of the assignment.

Disputes shall be settled in a Swedish court.

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