a. Law and Jurisdiction
This document is to be construed under the Law of the Kingdom of England
and any dispute is to be settled in London in accordance with the Company’s
published Terms and Conditions of Contract.
This document has no Statutory significance.
b. Data protection
The recipient’s name, personal data and other information given
in this report and all details of the vessel reported herein including
the Opinion of Value are the intellectual property of Josty Consulting
and this document contains confidential information which is legally privileged
and is intended for the use of the addressee only. All information contained
herein is covered by the EU Data Protection Directive (95/46/EC).
This report, the International Copyright of which is vested in and remains
the property of Josty Consulting, is personal and confidential to the
named client, is non-transferable, applies to the addressee only and must
not be copied, reproduced, kept in any data bank, stored in any retrieval
system or transmitted in any form whatsoever, electronic, mechanical,
photocopying, recording or otherwise given or sold to any third party
without the written prior consent of the copyright holder. Such unauthorised
transfer of either the whole or part of this report would be regarded
as a breach both of copyright and the EU Data Protection Directive (95/46/EC).
Whilst every effort has been made to ensure the accuracy of information
presented in this report it must be clearly understood that it must not
be construed as a guarantee or warranty as to the condition of the subject
vessel if she is sold or transferred to a third party and no ‘Duty
of Care’ is owed to any such third party. The report is issued without
prejudice and in ‘uberrimae fidei’ as a statement of facts
ascertained at the time of the survey during which due diligence and reasonable
skill were exercised and reasonable care is taken using common professional
practice and, where available, the Guidelines or Codes of Practice published
by the International Institute of Marine Surveyors.
e. Guarantee or Warranty
This report does not constitute either a guarantee or warranty as to the
condition of parts it is not, for any reason whatsoever, possible to see
at the time of the survey nor does it follow that each and every defect
is found during the survey. No responsibility will be accepted for any
faults, defects or changes subsequently arising. No guarantee against
faulty design or latent defects is expressly stated or implied nor is
any guarantee given that the vessel is suitable for any particular purpose.
f. the Recreational Craft Directive
Whilst in a number of places, this report states that the vessel appears
to comply with the above EU Directive it should be noted that the validity
of any CE marking and the conformance or otherwise of the vessel to the
RCD, the EMC Directive and the machinery directive are totally outside
the scope of the subject General Condition Survey and this report. The
survey did not include an assessment of compliance with the requirements
of any particular national or international Authority. §