Marine Survey Report Back Cove 29

Transcription

1 Marine Survey Report Condition and Valuation 2005 Back Cove 29 M/V XXX XXXXX Report prepared exclusively for XXXX XXXXXX Date of survey inspection September 26, 2018 Page 1 of 25

2 Scope of Survey This marine survey inspection and mechanical survey inspection of the 2005 Back Cove 29 M/V XXX XXXXX was performed on September 26, The survey took place in the water moored at Edmonds Marina, Edmonds, WA. The out of water inspection of the wetted surfaces and running gear took place while the boat lay in the travel lift slings at Edmonds Marina, Edmonds, WA. Surveyor was present during the vessel demonstration that took place on Puget Sound, out of Edmonds, WA. Vessel demonstration was conducted with calm waters on a temperate clear day. Parties aboard attending vessel demonstration were Ed Gonsorowski (Surveyor SAMS-SA), XXXX XXXXX, and XXXX XXXXXX of XXXXX. The purpose of this marine survey is to ascertain the physical condition and estimated fair market value for XXXX XXXXX, prospective buyer. The testing procedures used to perform the survey were non-destructive. Testing methods used but not limited to are visual, soundings, and moisture meter readings. The moisture meter used during the inspection was a GE Aquant Protimeter. Structure deficiencies specified in the report, if any, are observations that may require further investigation using destructive testing techniques to determine the extent of the deficiency in question and to determine a plan for repair if deemed necessary by a qualified technician or reputable full-service boatyard. Unless otherwise stated mechanical systems such as engines and generators, were not evaluated during this survey. Deficiencies noted during the examination process are in the opinion of the surveyor and may require further evaluation by a qualified technician. Internal condition of mechanical systems is indiscernible without complete disassembly which are not performed during this survey. AC & DC power sources were used to test electronic equipment. Tankage such as fuel, fresh water, grey water, black water, etc. are visually inspected where accessible. Inaccessible tankage areas are not evaluated, nor are tankage interiors. The surveyor is not able to comment on the condition of inaccessible areas of tankage systems. The surveyor does not make any determination or representation of seaworthiness, stability characteristics or inherent structural integrity and no opinion is expressed or implied regarding such. If a component is not identified in this report, it was not inspected. Although specific recommendations may be made, this survey will be a general survey only; unless specifically identified otherwise. This survey was completed using as reference the federal regulations and amendments issued and enforced by the USCG under the authority of Title 33 & 46 of the United States Code of Federal Regulations (CFR S). In addition, the American Boat and Yacht Council (ABYC) and National Fire Protection Association (NFPA-302) voluntary standards were used as reference during the survey. These ABYC and NFPA voluntary standard practices are generally followed by most vessel manufacturers to today. Page 2 of 25

3 Conduct of Survey This vessel was surveyed without removal or disassembly of parts including fittings, tacked carpet, fastened boards, fixed partitions, anchors and chain, instruments, clothing, gear, spare parts and miscellaneous materials in the bilge and lockers or other fixed or semi-fixed items. Sealed compartments or otherwise inaccessible areas would also preclude inspection. The user of this survey is advised that this will be a limited report. Surveys by nature are limited and are not considered to be a complete examination. The inspection process, manner of presentation of the vessel for inspection, possibility of latent conditions, errors and omissions by the surveyor may exist. Accordingly, no guarantee or warranty expressed or implied will be given or made. All statements and comments are opinions only, and no statement shall be basis for any claim against the surveyor based on warranty or guarantee. In the event of dissatisfaction with the conduct of this marine survey, with regards to errors contained in the report, or by omission of information, the surveyor shall correct the report. The sole and maximum remedy shall be limited to the amount of the fee received for the report. Definition of Terms ABYC: The American Boat & Yacht Council (ABYC) is a non-profit, member organization that develops voluntary global safety standards for the design, construction, maintenance, and repair of recreational boats. The ABYC Standards & Recommendations are considered to be voluntary but are highly suggested by the marine surveyor. APPEARS: Indicates that a very close inspection of a particular system, component or item was not possible due to constraints imposed upon the surveyor (e.g. no power available, inability to remove panels, structures or systems, limitations of non-destructive testing techniques, etc.). USCG CFR: United States Coast Guard (USCG) Code of Federal Regulation (CFR). NFPA 302: The National Fire Protection Agency (NFPA). NFPA 302 are written standards that provide fire & life safety requirements for boats (less than 300 gross tons) that are used for pleasure and commercial purposes. FUNCTIONAL/ OPERATIONAL: A component, system, or structure was checked and appears to function/ operate as intended. Page 3 of 25

4 NORMAL WEAR AND TEAR: Minor cosmetic blemishes or abrasions that are consistent with normal use over time and exposure to the elements. ADEQUATE FOR INTENDED PURPOSE: Vessel system, component, or structure capable of serving it s intended purpose with the existence of normal wear and tear. STRUCTURALLY SOUND: Non-Destructive testing show that the structure or component is capable of serving it s intended purpose. INOPERABLE: A system, device or equipment that does not work and cannot serve it s intended function. POWERS ON: Power was applied only. Powers on does not refer to the operation of any electronic component or system. Powers on also does not confirm the devise or system is functioning properly or capable of serving its intended purpose. HAULED: Vessel removed from the water. THRU-HULL: Thru Hull is a term used to describe a fitting that is attached through the hull of a boat. Thru hulls can be used to expel waste water, such as from a sink or head, to let sea water in, such as for engine cooling or to allow placement of sensors such as depth gauges. STUFFING BOX: A packing gland type seal used to keep excess water from entering a boat usually where the propeller shaft or rudder shaft penetrates the hull below the waterline. In principal, a stuffing box is identical to the packing nut on a common faucet. Stuffing box is also referred to a packing gland seal. Traditional stuffing boxes often leak small amounts of water intentionally for lubrication of turning shafts. GENERAL INFORMATION Survey Report Number Type of Survey Condition and Valuation for Prospective Buyers Vessels Intended Use Recreation Waters to be Navigated Near Coastal Waters, US and Canada Vessel Name XXX XXXXX Hailing Port Edmonds, WA Documentation Number NO. XXXXXXXX Hull Identification Number (HIN) XXXXXXXXXXXXXXX WA Registration Number (WN) XX XXXX XX Manufactured By Back Cove Yachts Build Location Rockland, ME, USA Model Year 2005 Make/ Model Back Cove 29 Hull Material Fiberglass/ Fiber Reinforced Plastic (FRP) Hull Type Modified-V 16 Deg. Deadrise Aft Page 4 of 25

5 Length Over All (LOA) 29 5 Beam 10 5 Draft Down 2 6 Weight (Dry) 10,000 Lbs. Primary Propulsion Single Yanmar Fuel Type Diesel Fuel Capacity 147 Gallons Fresh Water Capacity 30 Gallons Holding/ Black Water Capacity 30 Gallons DC Power System 12 Volts AC Power System 120 Volts The following link will access the pamphlet A BOATERS GUIDE TO THE FEDERAL REQUIREMENTS FOR RECREATIONAL BOATERS published by the USCG boating safety division. It is the vessel operator s responsibility to ensure that the vessel is outfitted in accordance with the USCG regulations. VESSEL DISCRIPTION Page 5 of 25

6 EXTERIOR AND ABOVE DECKS PICTURES Page 6 of 25

7 INTERIOR SALON ACCOMODATIONS AND HEAD ENGINE ROOM Page 7 of 25

8 ELECTRICAL PANELS AND SWITCHES BELOW WATERLINE, RUNNING GEAR, BOW AND STERN THRUSTERS Page 8 of 25

9 HULL EXTERIOR COSMETIC ABRASIONS Page 9 of 25

10 SAFETY EQUIPMENT AND PROVISIONS Personal Flotation Devices Yes, (4) Type 2 Adult PDF (2) Type 2 Child PDF (4) Type 3 Adult PDF Adequate Condition Throwable Floatation Devices Yes, (2) Type 4 PDF Adequate Condition Visual Distress Signals/ Flare Kits Yes, (3+) Were Current and Appeared in Good Useable Condition Fire Extinguishers (1) 3-A (2) B-1 Gauge in Green Automatic Fire Extinguisher (Fixed) Yes, Fireboy *See Safety Related Deficiencies* Sound Devices Yes, Operational Navigation Lights Yes, Operational Boarding Ladder Yes Functional High Bilge Water Alarm Not Sighted Required by ABYC H-22 as of July 2005 Carbon Monoxide Alarm (1) Yes, Operational *Recommend renew Every 5 Years* Bilge Pumps and Auto Float Switches (1) 12VDC Rule1500GPM (2) Rule 1100GPM Powers on Auto Float Switch Not Functional Mid and Fore Manual Bilge Pumps No Escape Hatches Yes Smoke- Combustible Vapors Detector Not Observed USCG-Inland Navigational Rules (Vessels 40 and over) Not Observed or Required Lifelines- Harnesses Yes, Type 4 PDF with Lifeline Attached Inland Navigational Rule Book Yes USCG Placards Both Oil & Garbage Placards are Properly Displayed Carbon Monoxide Warning Sticker Yes, Required by Washington State Law GENERAL RECREATIONAL VESSEL SAFFTEY REQUIRMENTS It is the owner/ operator s responsibility to ensure that the vessel is outfitted with safety equipment in accordance with Federal and State Regulations. You may find more information at the following links. It is recommended the owner/ operators ensure the vessel is equipped with a carbon monoxide detection system/ alarm, in accordance with ABYC recommendation detailed at the following link. It is the owner/ operator s responsibility to ensure that the vessel is equipped with fire extinguishing equipment in accordance with the USCG Code of Federal Regulations and the National Fire Protection Association (NFPA 302). Helpful information is available at the following link. The following link is an (at a glance) quick reference guide to USCG Minimum Requirements for Recreational Vessels. Page 10 of 25

11 STRUCTURES Hull Structure Superstructure Deck Structure Transom Hull to Deck Joint Bulkheads Stringers Windows, Portlights and Hatches Railings Deck Cleats Anti-Fouling Bottom Paint Engine (1) Make/ Model Serial Number Rated Power Output Fuel Type Cooling Exhaust Engine Hours Mounts Cosmetically Average/ No Defects Sighted- Superficial scratches and abrasions Visible Cosmetically Above Average/ No Defects Sighted Cosmetically Above Average/ No Defects Sighted Cosmetically Average/ No Defects Sighted No Evidence of Deficiencies Where Accessible No Evidence of Deficiencies Where Accessible No Evidence of Deficiencies Where Accessible Cosmetically Above Average Cosmetically Average/ *See Deficiencies Requiring Attention* No Evidence of Deficiencies Adequate for Intended Purpose PROPULSION SYSTEM Yanmar/ 6LPA-STP M rpm Diesel Heat Exchanger Cooled Wet Exhaust 353 (Digital Gauge) Satisfactory Transmission Serial Number Description ZF Hurth 63A 88052N Down Angle Ratio 2.0:1 RUNNING GEAR DETAILS Propeller Shaft Size/ Type Prop Size/ Type Propeller Rotation Rudder(S) Propeller Shaft Seal Type 1 ½ Stainless Steel Bronze 4-Blade Right-Hand Rotation (1) Bronze Dripless PYI *See Notes and Observations* Page 11 of 25

12 CORROSION CONTROL SYSTEM Zincs Bonding System Yes, Wasted Not Suitable for Intended Purpose (Plate Zinc Okay Condition) Yes, Appears in Satisfactory Condition PROPULSION CONTROL SYSTEM Description Make Number of Stations Type Make/ Model Auto Pilot Teleflex STEERING SYSTEM N/A FUEL SYSTEM DETAILS Cable Type/ Single Lever Control- Operational (1)- Operational- No Evident Defects Hydraulic Teleflex Sea Star Fuel Type Number of Fuel Tanks & Location Tank Material Total Fuel Capacity Total Fuel Supply & Return Type Engine Fuel Filter Make/ Model Fuel Gauges/ Sight Tubes Number of Tanks/ Material Total Capacity Head (Toilet) Type Water Type Discharge Pump Overboard Tank Level Gauge Diesel (1) Aft Aluminum 147 Gallons Hose USCG Type A1 Satisfactory Condition Racor 500MA Yes, Analog Gauge BLACK WATER SYSTEM DETAILS (1) Plastic 30 US Gallons as per Powerboat Guide Jabsco Power Flush- Operational Fresh Yes 12VDC Tankwatch- Full Indicator Light FRESH (POTABLE) WATER SYSTEM DETAILS Number of Tanks/ Material Total Capacity Water Heaters Water Heater/ Capacity Tank Level Gauge (1) Plastic 30 US Gallons as per Powerboat Guide (1) Force 10 Marine 120VAC Operational Yes, 6 Gallons Not Sighted Page 12 of 25

13 PUMP SYSTEM DETAILS Bilge Pumps Qty. Float Switches Shower Drain/ Sump Fresh Water Pump (Potable Water) Washdown Pump Washdown Water Source Cockpit Shower (1) 12VDC Rule1500GPM (2) Rule 1100GPM Powers on Auto Float Switch Not Functional Mid and Fore Yes, 12VDC Not Operational (1) Yes, Jabsco 12VDC Operational No N/A Yes, 12VDC Hot/ Cold- Operational THRU HULL FITTINGS BELOW WATERLINE Material Seacock Type Seacock Material Marelon (2) Total Ball Valve Type Marelon GROUND TACKEL DETAILS Anchor Anchor Chain Anchor Rode Anchor Windlass (1) Galvanized, Plow Type Galvanized Steel Nylon Rope Yes, 12VDC Quick, Operational NAVIGATIONAL EQUIPMENT AND ELECTRONICS DETAILS GPS Chart Plotter-Depth-Radar VHF Radio Trim Tabs Compass Auto-Pilot Radar (1) Yes, Furuno NAVnet, Operational (1) Yes, Standard Horizon Operational Yes, Operational - Bennett 12VDC Yes, Ritchie Magnetic Functional No Furuno, Operational APPLIANCE DETAILS Refrigerator/ Freezer Stovetop/ Oven Microwave Stereo Satellite Radio Search Light TV DVD (2) Origo 12VDC-120VDC Operational Single Burner 120VAC/ Alcohol Origo Operational Tappan, Operational ADDITIONAL EQUIPMENT OBSERVED Clarion, Operational No No Yes, Samsung Not Tested Not Sighted Page 13 of 25

14 AC System Voltage AC Circuit Protection Shore Power Inlet Battery Charger Inverter Charger Battery Bank 1 House (12VDC) Battery Bank 2 Start (12VDC) AC/ DC POWER SYSTEMS DETAILS 120VAC Circuit Breakers (1) Marinco 30AMP/ 125VAC (1) ProMariner 40amp Yes, Xantrex 1800 Operational (2) Fullriver DC AGM (1) Fullriver DC AGM VESSEL DEMONSTRATION OBSERVATIONS Idle/ Cruise/ Wide Open Throttle (WOT) Approximate 170/ 170/170 Degrees Temperature Idle/ Cruise/ WOT Approximate Oil Pressure 40/ 60/ 60 WOT rpm s 3600rpm Speed Cruise/ WOT Approx. 15Knots SOG Cruise/ Approx. 24Knot SOG WOT DEFICENCYS FINDINGS AND RECOMMENDATIONS Deficiencies that were found by the marine surveyor are separated into four categories detailed below. Other deficiencies may exist that are either undetectable, inaccessible or may have not been observed by the marine surveyor. SAFETY RELATED DEFICIENCIES Safety related deficiencies requiring immediate action to address the safety related issues. If safety related deficiencies are found, they will be highlighted in red. DEFICIENCIES REQUIRING ATTENTION It is recommended that issues requiring attention be corrected at the next opportunity convenient to the boat owner. GENERAL NOTES AND OBSERVATIONS Minor deficiencies that do not require immediate attention or repair, usually cosmetic. ABYC RECOMMENDATIONS Recommendations published by the American Boat & Yacht Council. These recommendations are voluntary, but highly recommended. Page 14 of 25

15 SAFETY RELATED DEFICIENCIES 1. Fixed automatic fire extinguisher located in the engine room was tagged with date expired 6/2016. According to the NFPA-302 standards annex B.4.7: All fixed systems, if installed, should be maintained on at least an annual basis in accordance with the manufactures maintenance manual. It is recommended that a fixed system be maintained by a qualified fixed system service person. DEFICIENCIES REQUIRING ATTENTION 2. Fore and midship bilge pump power on but do not function automatically when float is depressed. Recommend have qualified technician or reputable boatyard inspect and repair as required. 3. Shower sump pump runs but does not pump water overboard. Recommend have a qualified technician or reputable boatyard inspect and repair as required. 4. Unused grounded and un-grounded battery cable are attached to the house battery bank and are lying adrift in near batteries. Recommend remove and discard any unused battery cabling. 5. Swim platform has multiple stainless-steel bolts bleeding rust and appear to be not adequately sealed. There is a hole in the swim platform that is open and exposing inner wood core to the elements. Moister meter readings of swim platform are extremely high indicating the core is saturated with water. Recommend have a qualified technician or reputable boatyard go over possible service options. Page 15 of 25

16 6. Starboard aft rail stanchion fasteners are loose. Recommend have a qualified technician or reputable boatyard inspect, repair and re-bed as required. Page 16 of 25

17 ENGINE RELATED MECHANICAL DEFICIENCIES REQUIRING ATTENTION 7. Engine primary Racor fuel filter is leaking fuel at drain. Fuel has accumulated outboard of port engine stringer. Recommend repair leak and clean all accumulated fuel from engine compartment. Page 17 of 25

18 8. Dripless shaft seal shows evidence of leakage as salt build up and wet below the seal. Recommend have a qualified technician or reputable boatyard go over possible service options. 9. Water was sighted actively leaking from exhaust connection just above the batteries during vessel demonstration. Recommend have a qualified technician or reputable boatyard go over possible service options. GENERAL NOTES AND OBSERVATIONS 10. Propeller shaft, trim tab, rudder and thruster zincs are wasted and no longer serve their intended purpose. Recommend immediately renew zincs as required. Page 18 of 25

19 ABYC RECOMMENDATIONS 11. Carbon Monoxide detector. Carbon monoxide detector was operational at survey. The replace by date has expired. According to ABYC H-24: CO detectors must be marked with the following: Name of Certifying Body. Replace by date MM/YYYY or replace by: XX months after retail sale as determined by the manufacturer. Furthermore, Underwriters Laboratories (UL) instituted a mandate outlining CO detectors for boats be replaced every 5 years and as of 2010, hardwired CO detectors have an end of life alarm on all new units sold. Recommend renew CO detector. CONDITION It is in the professional opinion of the marine surveyor and is based on individual experiences and knowledge in which the condition is expressed. After surveying the subject vessel, the overall condition will be assessed by the marine surveyor using the grading scale below. EXCELLENT (BRISTOL) CONDITION: A boat that is in new or like new condition. Usually loaded with significant extras; a rarity. ABOVE AVERAGE CONDITION: Has had above average care, been well maintained and is usually equipped with extras. AVERAGE CONDITION: Requiring very little or no additional work and normally equipped for her size. BELOW AVERAGE CONDITON: Numerous deficiencies exist and will require significant maintenance to ensure safety and reliability. POOR CONDITION: Boat is not in usable condition and requires substantial repairs to bring it to a safe and reliable operational condition. OVERALL CONDITION: AVERAGE to - ABOVE AVERAGE VALUATION FAIR MARKET VALUE (FMV): The comparable vessel calculation is the most probable price in which a vessel should bring in a competitive market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Both parties are well informed or well advised, and each is acting in what they consider their own best interest. It is an estimated price in which a vessel is valued between an equally motivated buyer and seller. Page 19 of 25

20 REPLACMENT COST: An estimated cost to replace the vessel with a similar sized and equipped vessel of the same manufacture if possible. ESTIMATED FAIR MARKET VALUE (FMV): $135,000 ESTIMATED REPLACEMENT COST: $350,000 Valuation Sources: Condition of vessel and options were used along with Soldboats.com, BucValuepro.com and similar boats currently listed for sale were used to determine the FMV. Comparable Sales Data Page 20 of 25

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22 Hull Identification Number (HIN)XXXXXXXXXXXXXXXX Vessel Documentation Number No. XXXXXXXXX Page 22 of 25

23 CERFICATION STATEMENT: I certify that to the best of my knowledge and belief, the statements of fact contained in this report are true and correct. The reported facts and conclusions are limited only by the reported assumptions, opinions, or limiting conditions, and are of my personal, unbiased professional analyses. I have no present or prospective interest in the vessel that is the subject of this report, and I have no personal interest or bias with respect to the parties involved. My compensation is not contingent upon the reporting of a predetermined value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event. I have made a personal inspection of the vessel that is the subject of this report. This report should be considered as an entire document. No single section is meant to be used except as part of the whole. This report is submitted without prejudice and for the benefit of whom it may concern. This report does not constitute a warranty, either expressed or implied. Further, it does not warrant the future condition of the vessel, latent defects, or possible errors or omissions not observed by the undersigned surveyor. It is a statement of the condition of the vessel at the time of the survey only. 9/27/2018 Ed Gonsorowski, SA Society of Accredited Marine Surveyors (SAMS) Edwards Marine Survey, LLC st PL SW Edmonds, WA edwardsmarinesurvey@comcast.net Date Report Completed Page 23 of 25

24 MECHANICAL SURVEY TERMS CONDITIONS AND LIMITATIONS Before relying on this report, you should know mechanical surveys by nature are inexact. Except as noted, we have not disassembled nor removed parts from the boat s engine or other machinery. Consequently, there is a possibility that in addition to those items noted there may be additional mechanical problems that despite our best efforts were unable to detect without extensive disassembly, examination. And reassembly which, unless specifically noted, we have not done. IN RELYING ON THIS MECHANICAL SURVEY, THE CUTOMER AND/ OR PERSONS ORDERING THIS SURVEY ACKNOWLEDGES THE ABOVE AND AGREES TO THE FOLLOWING: Although specific recommendations may be made, this survey will be a general survey only, unless specifically identified; otherwise and an extra fee is charged. A general survey is cursory by nature and permits only limited time for inspection on a random basis of the machinery. Not all conditions may be found with this survey. Except as noted, the surveyor does not operate the vessel, or make any representation of operational conditions, or seaworthiness. Equipment operation is judged from age, appearance, and some limited operation as noted. The actual condition of engine(s), transmission(s), or generator(s) with certainty is indiscernible without removal and complete disassembly. Other problems also may exist other than the ones found, including but not limited to coolant loss, oil leakage and consumption. The purchaser/ user of this report is advised the survey report is limited. It is limited by the inspection process, manner of presentation of the vessel for inspection, and possibility of latent conditions. Accordingly, no guarantee or warranty whatsoever will be given or made. All statements and comments regarding this vessels mechanical systems or any other systems, are opinions only, and no statement shall be basis for any claim against the surveyor based on warranty or guarantee. IN THE EVENT OF DISSATISFACTION WITH THE CONDUCT OF THE MECHANICAL SURVEY, WITH ERRORS CONTAINED IN THE REPORT, OR BY OMISSION OF INFORMATION, THE SOLE AND MAXIMUM REMEDY SHALL BE LIMITED TO THE AMOUNT OF FEE ACTUALLY RECEIVED FOR THIS REPORT. Limited Report: Our report constitutes only statements of opinion and are not to be construed or considered as representations, warranties, or guarantees. Any statements made by the surveyor are not to be interpreted in any way as bearing upon the possible existence of insurance coverage. Limited Liability: Edwards Marine Services, Inc., shall not be liable to customer for any claim, loss, cost, penalty, or damages of whatsoever kind or nature arising out of, in connection with, or incident to, the work requested except that caused by the direct sole negligence of Edwards Marine Services, Inc. Negligence must be affirmatively established. Edwards Marine Services, Inc., shall not be liable to customer except on the limited basis identified above. Edwards Marine Services, Inc., shall specifically not be liable for incidental, special, or consequential damages, nor loss of use, loss Page 24 of 25

25 of profits/ earnings, crew wages, shares, salvage repair, tug expense, demurrage, loss of time, loss of freight, loss of charter, and/ or similar and/ or substituted expenses. In addition, Edwards Marine Services, Inc., shall not be liable to customer any legal basis other than negligence as stated above. Liability to customer for breach of contract, breach of warranty or workmanlike service, strict and/ or products liability, liability for breach of warranties of merchantability or fitness for a particular purpose or any other legal theory or basis for liability, and liability (directly or indirectly) to customers insurers, are specifically agreed by customer and Edwards Marine Services, Inc., to be excluded. It is understood by customer that Edwards Marine Services, Inc., charges for services are based upon this limited liability. Edwards Marine Services, Inc., agrees to assume additional liabilities only if requested by customer and a written agreement setting forth liabilities and additional charges are signed by both Edwards Marine Services, Inc., and customer. USCG: The USCG and other governmental agencies may require additional equipment and/ or modifications to the vessel depending upon its use. Edwards Marine Services, Inc., shall not be liable for anticipation of these requirements. Markings: Edwards Marine Services, Inc., assumes no legal or financial liability for any cosmetic work necessary to remove marks or blemishes caused by the inspection process. Notice, Claim, Time Limits, or Suit: Edwards Marine Services, Inc., shall in no event be liable even on the limited basis identified above, unless notice of claim thereof is presented in writing to Edwards Marine Services, Inc., within ninety (90) days of completion of the work. Customer must also commence suit on any claim or controversy arising under this work order or the work performed pursuant to the work order, within six (6) months form completion of work. If customer fails to do either, then Edwards Marine Services, Inc., shall be discharged from all liability to customer on any basis. Law and Venue: Any work performed by Edwards Marine Services, Inc., and any report issued by Edwards Marine Services, Inc., shall be construed in accordance with the laws of the state of Washington. Any action, claim, or suit between the parties must be brought in the state courts located in Seattle, King County, Washington. If Edwards Marine Services, Inc., is the prevailing party in any litigation, it shall be entitled to recover all costs including reasonable attorney fees. Page 25 of 25