1. Client and Surveyor. The individual identified above as “Client” is either the managing owner of the Vessel or a prospective purchaser of the Vessel. If this Agreement is executed by Client’s Representative, Client and Representative shall be liable jointly and severally for the obligations of Client set forth herein. The Surveyor is a marine surveyor qualified to perform condition and valuation surveys and inspections of yachts and small craft. By this Agreement, Client retains Surveyor to inspect the Vessel (the “Marine Survey”).
2. Client’s Responsibilities.
   1. The Client hereby agrees to pay any fees and expenses reasonably incurred and charged by the Surveyors and accepts responsibility for all charges for boat movements, slipping, docking, hauling, removals, replacement and reinstatement work arising in preparation for and in the process of the survey. All fees and expenses are due immediately upon presentation of any invoice or statement of charges.
   2. The Client or Client’s Representative must prepare the vessel for survey to permit the surveyor unimpeded access for purposes of survey. Locked cabinetry or areas should be left open or keys provided, and Owner’s gear should be removed, failing which the survey report will reflect that such areas are loaded or inaccessible, and could not be inspected.
   3. Notwithstanding any provision in this Agreement to the Contrary, Client expressly agrees to release, defend, hold harmless and indemnify Surveyor and Surveyor’s employees and representatives, of and from any and all disputes, actions, claims, demands, liabilities, judgments, and attorneys fees, which are related to or arise directly or indirectly from Client’s distribution or sharing of the Report to, or any use of the Report by, any entity, person or persons without such express written authorization by Surveyor.
3. Surveyor’s Responsibilities. Surveyor shall produce a report (the “Report”) of Surveyor’s findings after the completion of Surveyor’s inspection of the Vessel. Notwithstanding delivery of the Report to Client, the Report shall remain the sole and exclusive property of Surveyor, and distribution of the Report to anyone other than Client’s insurers and Client’s lenders is strictly prohibited without Surveyor’s express written authorization.
   It is understood and agreed that the Surveyor’s report will be a factual statement of the examination carried out within the stated limitations and with opinions given in good faith as far as seen and accessible at the time of the survey. It carries with it no guarantee against faulty design or latent defect or suitability of the vessel for any particular purpose, nor any guarantee of compliance with any particular national, international or local rule, requirement, regulation, law, standard or code. Liability for the report is solely to the instructing client and to no other third party. No liability of whatever nature is assumed towards any other party and nothing in this Agreement, or the relationship between the Surveyor and their instructing client shall confer or purport to confer on any third party a benefit or the right to enforce any provision of Agreement. The Surveyor shall undertake the services to which this survey contract relates with reasonable care, skill and diligence, but the Surveyor shall have no responsibility or liability for any loss, damage, delay or expense of whatever nature whether direct or indirect (including but not limited to any consequential or economic loss, business interruption, loss of profit or loss of use) and howsoever arising or resulting whether directly or indirectly in the course of or as a result of the provision of services, under this survey contract or otherwise.
4. Scope of Services.
   1. The Vessel will be examined by Surveyor or Surveyor’s agents from all accessible areas of the interior without
      removal of secured panels, destructive testing, or disassembly.
   2. The hull bottom laminate, plating, and/or planking will be examined by percussion sounding and visual inspection
      only. No moisture content readings will be taken and no destructive testing will be performed.
   3. Exterior hardware will be examined for corrosion damage and drive components will be tested by sight only.
   4. Client expressly acknowledges and understands that inspection of engines, generators, machinery and related
      mechanical systems is not within the scope of this Agreement or the marine survey contemplated hereby. No mechanical tests are performed nor are fluid samples drawn on propulsion or auxiliary generating machinery unless expressed in writing. Only a visual inspection of the machinery will be conducted and no opinion of its overall condition will be formed. Client shall, at his option, retain the services of a qualified mechanic or engine surveyor or other expert to inspect such engines, generators, machinery and related mechanical systems.
   5. Certain parts of the hull and structure, equipment, auxiliaries, piping, tanks, systems and machinery that would require access with tools or by removing decking, bulkheads, headliners, tanks or other destructive methods, will not be inspected. If dirt, marine growth, coatings build-up, rust or corrosion obscures Surveyor’s ability to inspect, a notation will be made in the report.
   6. Tankage will be inspected from visible surfaces only and no opinion will be rendered as to their overall condition.
   7. On sailing vessels, the standing rigging rig will be visually inspected aloft. Any defects noted may be referred to a professional rigger for further input at additional cost, at Client’s option Only such sails as are rigged in place and flown during a sea trial will be visually inspected.
   8. The electrical system will be visually inspect where accessible, and electronic and electrical components powered
      only in the presence of the vessel’s owner or agent. No in-depth testing or examination of the electrical system
      schematic will be conducted.
   9. Client warrants that the inspection and survey contemplated in this Agreement are authorized by the owner of the
      Vessel, and that the areas of the Vessel that are to be inspected will be accessible to Surveyor. If, in the sole
      judgment of Surveyor, inspection of the Vessel is not possible or practical because clutter from personal property,
      gear, or poor housekeeping render significant areas of the Vessel inaccessible, or because of poor maintenance of the
      Vessel, or because of the actions of the Client or the Vessel owner, the Marine Survey may, at Surveyor’s option, be
      terminated prior to completion without the preparation of a Survey Report.
   10. Reported specifications will be taken from published sources. No actual measurements or calculations will be
       made. The recommendations will be based on industry standards, and/or Surveyor’s own personal experience. The market value will be based on research of available new/used vessel publications for the geographic area where the vessel is located and for comparable vessels elsewhere, and it assumes that the recommendations listed in Surveyor’s report are completed. Industry statistical information of average selling prices may also be referenced.
5. Release and Limitation of Liability. Surveyor and Client shall each release, defend, hold harmless and indemnify each other and their respective employees and representatives, of and from any and all disputes, actions, claims, demands, liabilities, judgments, and attorneys fees, which are related to or arise directly or indirectly from the services and activities contemplated by this Agreement, howsoever caused, including, without limitation, those due to the negligence, fault or other act or omission of Surveyor or Client or of their respective employees and representatives. Without limiting the effect of the foregoing, the maximum liability of Surveyor to
   Client under any circumstances shall be the amount of the Survey fee.
6. Entire Agreement. This Agreement is the entire agreement between the parties and supersedes 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 execution of this agreement.
7. Counterparts; Execution. This Agreement may be executed in counterparts, each of which when so executed shall be deemed an original, and such counterparts together shall constitute one and the same instrument. Delivery of an original, faxed or e-mailed signature shall be sufficient to bind such party to this Agreement. Surveyor and Client each acknowledge that they have read and that they fully understand all of the terms and conditions of this Agreement before signing it, and that they have received a copy of this Agreement upon execution by all parties
8. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Trinidad and Tobago, and the courts of the Republic of Trinidad and Tobago shall have exclusive jurisdiction to resolve any dispute arising from this Agreement or the services rendered pursuant to this Agreement.