Acceptance and use of any report provided by Certified Marine Surveyors LLC by the client acknowledges the client's understanding that the report has been composed of information that is believed to be true after reasonable investigation and inquiry but is not warranted to be so. The information was obtained without drilling, diving, ultrasonics, thermal imaging, cleaning, or opening up to expose parts or conditions ordinarily concealed. There were no tests for tightness or soundness conducted other than the conditions noted visually. Acceptance and use of the report acknowledge the client's understanding that no determination of stability or structural strength has been made and no opinion is expressed. Acceptance and use of this report acknowledges the client's understanding that Certified Marine Surveyors LLC does not accept any responsibility for damage or deterioration not found or discovered during the course of the survey, nor for consequential damage, deterioration, or loss due to any error or omission.
The Client hereby undertakes to keep Certified Marine Surveyors LLC 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 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. Notwithstanding the above clause, 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 tile Surveyor's/Consultant's personal act or omission committed with the intent to cause same or recklessly and with the knowledge that such loss, damage, delay or expense would probably result, the Surveyor's/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's/Consultant's charges.
