Services

This survey is conducted prior to a transfer of ownership between two parties.  It will be done with permission from the seller and must be scheduled with the buyer (the client), seller, and broker if applicable.  The boat will need to be hauled out of the water, which can either be done temporarily or for a few days depending on the haul out facility.   The buyer is most welcome to be present during the survey. 

Once the survey is complete, a report will be issued to the prospective buyer (the client).  This report may be requested by the insurance company and can be delivered by the buyer (the client) to the insurance broker.  A sea trial may also be part of a pre-purchase survey, and must be agreed to by all parties. 

Fees for the survey will be charged per foot with an additional fee for a sea trial if requested.  Please contact us for a job specific quote.

Many insurance underwriters will require vessels that are greater than 15 years of age be surveyed every five years.  This allows the insurance underwriter to determine the risk of providing coverage to the vessel.  It is important that this is scheduled before the insurance policy renewal date.  

This survey requires the vessel to be hauled out of the water which can either be done temporarily or for a few days depending on the boatyard.  It is also possible to complete part of the survey in the water and finalize at a later date or vice versa.  Once the report is completed, the owner of the vessel will forward it to their insurance company.  

Fees will be charged per foot.  Please contact us for a job specific quote.

In some cases, a valuation survey or appraisal will be requested to determine the value of a vessel.  A report will be submitted to the client.  This is billed as a flat fee.  Please contact us for a job specific quote.

In the event a vessel is damaged, a surveyor may be required to determine the extent of the damage and cost of repairs.   This will typaically be requested by the insurance underwriter.  This survey can be an indepth process and as such the cost must be quoted for each individual job. 

World Sailing Offshore Special Regualations (OSR) require that a keel and rudder inspection be completed within two years of participating in a category 0, 1 or 2 event.  The inspection must be complete out of the water either on the hard or in slings on a temporary haul out.  The OSR can be found on the world sailing website at https://www.sailing.org/inside-world-sailing/rules-regulations/offshore-special-regulations/

Once the inspection is completed, a certificate in accordance with Annex L of the OSR is issued.  Please contact us for a quote!

A surveyor can provide advice to clients during vessel builds or preparing their vessel for a long voyage.  This service is billed hourly.  Please contact us for a job specific quote.

All services will be conducted in accordance with the following terms and conditions:

1.       Definitions

a.     “Surveyor/Consultant” is the Surveyor/Consultant trading under these conditions;

b. “The Agreement” is the agreement between Layline Marine Survey and the client identified by the attached marine survey agreement/letter of instruction and incorporating inter alia these terms and conditions;

c. “The Client” is the party at whose request or on whose behalf the Surveyor/Consultant undertakes surveying services;

 d. "Report" means any report or statement supplied by the Surveyor/Consultant in connection with instructions received from the Client;

e. "Disbursements" means the cost of all reasonable photography, reproduction of drawings, diagrams, sketches and printing, duplicating and, where applicable, electronic transmission fees, and all reasonable and appropriate expenses including travel, subsistence and hotel accommodation where an overnight stay is necessary; and

f. "Fees" means the fees charged by the Surveyor/Consultant to the Client and including any value added tax where applicable and any Disbursements

2.    Work

 a.     The Client will set out in writing the services which it requires the Surveyor/Consultant to provide. The Surveyor/Consultant will confirm in writing that it accepts those instructions or alternatively what services it will perform in connection with the Client's instructions. Once the Surveyor/Consultant and the Client have agreed what services are to be performed (the Services) any subsequent changes or additions must be agreed by both parties in writing.

3.   Surveyor’s/ Consultants Right to Sub-Contract

a. The Surveyor/Consultant shall have the right to sub-contract any of the services provided under the Conditions, subject to the Client's right to object on reasonable grounds. In the event of such a sub-contract the Surveyor/Consultant shall remain fully liable for the due performance of its obligations under these Conditions.

4.    Survey Preparations

a. The Client undertakes to ensure that full instructions are given to the Surveyor/Consultant and are provided in sufficient time to enable the required Services to be performed effectively and efficiently and to procure all necessary access for the Surveyor/Consultant to goods, premises, vessels, installations and transport and to ensure that all appropriate safety measures are taken to provide safe and secure working conditions. The Surveyor/Consultant shall not be liable for the consequences of late, incomplete, inadequate, inaccurate or ambiguous instructions;

b. The vessel should be prepared for survey at the agreed time.  Compartments should be unlocked, excess equipment and stores removed, and maximum access to the vessel provided.  Locked spaces will not be inspected which will be noted in the report; and

c. The client is responsible for all charges for vessel movements, slipping, docking, haul-out, removals, replacement and any reinstatement work arising in preparation for and process of the survey/ inspection.

5.    Scope of the Survey

a.   The Surveyor/Consultant shall provide its services solely in accordance with these terms and conditions;

b.   The survey will contain opinions and observations based on the surveyors skill, experience and training.  The surveyor is a generalist and not an expert in all vessels or qualified in each profession that is required to build and maintain vessels;

c.   This survey will check against the following standards:

         i.      Transport Canada TP 1332 Construction Standards for Small Vessels;

         ii.      Transport Canada Safe Boating Guide; and

         iii.      American Boat and Yacht (ABYC) Standards.

d.   The general structural condition of the vessel and suitability for its intended use will be examined;

e.   No guarantee or representation will be made as to how long any vessel equipment or systems will continue to function.  Owners manuals should be consulted by the client to determine preventative maintenance routines and any warranty’s that may be applicable;

f.        Inspection of the engine(s), generator(s), machinery and related mechanical systems is not within the scope of this agreement.  Only a brief cursory inspection of the machinery will be conducted and no opinion of their overall condition will be formed.  Where an in-depth inspection of engine condition is required, it is recommended that a qualified marine mechanic, engine surveyor, or other expert be contracted for a separate mechanical survey;

g.   Rigging and spars on sailing vessels will be visually inspected from the deck level only.  Sails will only be unfurled during a sea trial.  If the condition of the rig and sails requires determination, it is recommended they be inspected by a qualified rig surveyor;

h.   Electrical components will be visually inspected and switch tested if possible.  It is recommended that a certified marine electrician be contracted for an electrical audit/ survey if the full condition of the electrical components is required;

i. Soft furnishings will be visually inspected where possible.  Cushion covers, mattress covers, sheets or other covers which obstruct soft furnishings will not be removed and thus a full condition cannot be assessed;

j.       A full inventory of safety equipment was not conducted.  The vessel owner/operator must ensure that all appropriate safety equipment is onboard in accordance with appropriate rules and regulations;

k.     Determination of stability or inherent design characteristics will not be conducted unless specifically agreed upon.   Vessel measurements will not be conducted unless specifically agreed upon;

l.       The Surveyor will not investigate if any product or equipment has been recalled;

m.     The Surveyor cannot check for latent defects which could not readily be discovered by inspection without removal of machinery, tanks, sheathing, joiner work, upholstery, bulkheads, ceiling, fascia or other fixed material; or disassembly of machinery, plumbing, wiring or other parts components or systems.  It should be noted that deterioration and/ or original construction defects can be present in inaccessible areas.  The surveyor does not accept any responsibility for these defects or any other defect hidden from view;

n.         The hull and other structural components will be visually inspected and percussion tested only unless specifically agreed upon;

o. Tankage will be inspected from visible surfaces only and no opinion will be rendered as to their overall condition; and

p.   Fixed parts including joinery or fasteners will not be removed nor will and destructive testing be performed without written consent from the owner.

6.    Sea Trial Conduct

a.   Engines, generators, water makers, hydraulic systems, Sails, electronics or other equipment designated by the surveyor will only be operated by the owner, owner’s representative, Captain or Broker; and

b.   The surveyor will provide an agenda for the conduct of the sea trial for review by the owner, owner’s representative, Captain or Broker.

7.    Client Attendance 

a.   The client is encouraged to attend the survey where verbal consultation may be provided.

8.   Survey Termination

a.   If for some reason the survey cannot be conducted as a result of onsite inspection, or any other reason in control of the client, 25% of the survey fee will be charged.  A written report will not be provided.

9.    Conflict of Interest/ Qualification

a.          The Surveyor/Consultant 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 the Surveyor/Consultant to continue its involvement with the appointment. The Client shall be responsible for payment of the Surveyor/Consultant's Fees up to the date of notification.

10.   Payment

b.   Full payment is due after the survey is completed but prior to the report being issued;

c.   If payment is overdue, the report will not be issued and compound interest from the due date will be applied at the rate of 1% per week until the payment is received;

d.   Where payment is overdue by more than one month from the date of the survey, the surveyor shall without prejudice to any of its other rights, be entitled to terminate this agreement, whereupon payment will become due for the value of work done up to the date of termination; and

e.   E-Transfer is the preferred method of payment with a cheque also being acceptable.

11.    Ongoing Consultation

a.   In the event the surveyor is required to render expert advice, testimony, or participate in dispute resolution, an hourly consultation rate of 100 Canadian Dollars per hour plus travel or expenses will apply which will be quoted separately.

12.    Report

a.   A written report will be provided to the client typically within 72 hours of survey completion.  The report will be submitted in “PDF” format unless otherwise requested by the client;

b.   Notwithstanding the delivery of the report to the client, the report remains the sole and exclusive property of the surveyor.  The survey report is for the exclusive private use of the client.  Any distribution or use of the report must be done so only with the express written consent of the surveyor;

c.   The survey report is not an inventory or warrantee, either specified or implied and will not express or guarantee the future condition of the vessel;

d.   The survey report is not considered an insurance policy; and

e.   The survey report is not considered a substitute for any disclosure statement that may be required by law.

13.          Liability

a.   Without prejudice to Clause 14, the Surveyor/Consultant shall be under no liability whatsoever to the Client for any loss, damage, delay or expense of whatsoever nature, whether direct or indirect and howsoever arising UNLESS same is proved to have resulted solely from the negligence, gross negligence or wilful default of the Surveyor/Consultant or any of its employees or agents or sub-contractors;

b.   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 Surveyor/ 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/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/ Consultant’s charges; and

c.   Without prejudice to (a) and (b) above, the Surveyor/Consultant shall not be liable for loss of or damage to physical equipment and property placed at its disposal by, or on behalf, of the Client however such loss or damage occurs, unless such loss or damage was caused by act or omission committed with intent to cause some or recklessly with knowledge that such loss or damage would probably result.

14.   Indemnity

a.          Except to the extent and solely for the amount therein set out that the Surveyor/Consultant would be liable under Clause 13, the Client hereby undertakes to keep the Surveyor/Consultant and its employees, agents and sub-contractors 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, but not limited to, 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.

15.    Force Majeure

a.       The Surveyor/Consultant and/or the Client shall not, except as otherwise provided in these Conditions, be responsible or have any liability for any loss, damage, delay or failure in performance hereunder arising or resulting from act of God (including, but not limited to earthquake, flood, tsunami, volcano, hurricane, tropical storm, cyclone, blizzard or other similar event), act of war, terrorist attack, nuclear contamination, seizure under legal process, epidemic quarantine restrictions, strikes, boycotts, lockouts, riots, civil commotions and arrest or restraint of princes, rulers or people. Following a force majeure event either party may serve notice on the other to terminate the agreement. 

16.    Time Bar

a.          Any claims against the Surveyor/Consultant by the Client shall be deemed to be waived and absolutely time barred upon the expiry of one year from the submission date of the Report to the Client.