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WORK REQUESTED: Client requests that the following survey or work be preformed by Surveyor: MICHAEL DICKINSON, SO CAL SURVEYS, LLC and its Officers, Agents, and Employees.

The survey requested by Client on this vessel to be conducted using non-destructive visual means throughout accessible areas. Client is responsible for all removals and/or cleaning of areas for inspections. The survey will be conducted in a practical amount of time that will limit the depth and detail of the survey. The reason for the survey was to ascertain the physical condition and value of the vessel. AC and DC power will be used to check operations of the electrical systems were specified in this report only. Electronic equipment was checked for "power up" only. No reference or information should be construed to indicate evaluation of the internal condition of the engines or the propulsion system's operating capacity or the condition of the rigging. It is recommended that a certified engine mechanic be hired to inspect the engines and generator to determine their condition. It recommended that a rigger be hired to fully evaluate the rigging and inspect all equipment aloft. The vessel will be surveyed without removal of any parts including fittings, tacked carpet, fastened boards or panels, anchors and chain, fixed partitions, instruments, clothing, spare parts, loose gear, miscellaneous material in the bilges and lockers, or other fixed or semi-fixed items. Locked compartments or otherwise inaccessible areas would also preclude inspection. The owner is advised to open all such areas for further inspection. Further, no determination of stability characteristics or inherent structural integrity will be made and no opinion is expressed with respect thereto. This survey report represents the condition of the vessel on the above date and time and is the unbiased opinion of the surveyor. It is not to be considered an inventory or a warranty either specified or implied. The survey will be conducted in a practical amount of time that will limit the depth and detail of the survey. Additional survey services for more in-depth inspections and evaluations are available at an hourly rate.

This survey is for the exclusive use of Client.

The survey report or information contained therein is not to be used or relied upon by persons or concerns other then Client unless expressly stated.

AGREED FEES: The inspection and report of survey shall be conducted for the sum previously agreed upon. Payment to be made in US dollars the day of the survey, or unless otherwise arranged. All payments if unpaid when due shall bear interest at the rate of 1.5% per month from the due date until paid. All costs of collection, including reasonable attorneys’ fees incurred by Surveyor will be paid by the Client. Client is responsible for haul-out appointments and fees, if applicable. Re-attendance to verify completion of survey recommendation is subject to an additional charge. The work indicated above will be undertaken by Surveyor for the fees set forth above. Client shall pay all travel costs and expenses associated with the work requested as listed above. Client shall pay for any additional work beyond that set forth above at Surveyor hourly rate.
THIS WORK ORDER AND ANY WORK DONE PURSUANT TO IT ARE SUBJECT TO THE TERMS AND CONDITIONS FOR LIMITED LIABILITY AND WARRANTY SET FORTH HEREIN.

CLIENT AUTHORIZATIOM: On behalf of the Client identified above, I hereby authorize Surveyor to perform the work requested above. I understand and agree that this is a LIMITED LIABILITY CONTRACT, and that the work requested, as well as all other work performed by Surveyor is done pursuant to the TERMS AND CONDITIONS on this and following pages of this work order, all of which are specifically incorporated into this work order. Surveyor agrees to undertake the work requested by Client only on the following terms and conditions which shall apply to all work done by Surveyor and all reports related to such work:

 
Terms and Conditions

1. Expenses: In addition to the fees set forth on page 1 of this work order Client shall pay Surveyor all costs including but not limited to travel expenses, lodging, meals, telephone charges related to the work request.
2. Additional Services: Any additional work requested or authorized by Client, either verbally or in writing, shall be subject to the terms and conditions of this work order. Any work undertaken prior to execution of this work order but relating to the work requested shall be subject to the terms and conditions of this work order as well. In addition to the fees set forth on page 1 of this work order, Client shall pay Surveyor for all additional work performed beyond that work initially requested at Surveyor normal rate.
3. Payment and Interest: Payment of all fees, expenses and additional services shall be due upon demand by Surveyor.
4. Lien: Customer grants Surveyor a lien (including a maritime lien) on the vessel and its equipment involved in this work order until the fees and expenses under this work order have been fully paid. Surveyor shall have and retain all other legal rights it may have, whether state or federal, until the fee and expenses have been paid. Client, including the vessel, and/or the person directly contacting Surveyor for this work remain separately responsible for the charges until fully paid. The person signing this work order warrants that he has authority to bind all such parties to these fees and expenses.
5. Termination: Clients may terminate the work requested upon giving written notice to Surveyor. Client shall pay Surveyor for all work performed at Surveyor normal hourly rate, and all expenses incurred prior to termination including any travel expenses.
6. Report: Any report, notes or writings issued by Surveyor regarding the work requested shall be subject to these terms and conditions.
7. Opinion: Any oral or written report given by Surveyor in connection with the work requested constitutes merely statements of opinion only and are not to be considered as representation, warranties, or guarantees regarding the work requested. Surveyor has no expertise regarding insurance coverage or policy terms and conditions. Oral or written statements made by Surveyor are not to be construed or considered in any way bearing on insurance coverage.
8. Best Effort: Surveyor will use its best efforts to perform the work requested and to commence said services on the dates specified. The work requested will be performed with due diligence: however, Surveyor makes no promise or representation as to when the work requested will be completed.
9. Limited Liability: Surveyor shall not be liable to Client for any claims, loss, 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 Surveyor, which negligence shall not be legally presumed but must be affirmatively established: such liability shall continue for a period of thirty (30) days from completion of work.
Surveyor shall not be liable in any event for loss, cost, penalty, or damages in excess of the cost of the survey.
Surveyor shall not be liable to Client except on the limited basis identified above. Surveyor shall specifically not be liable for incidental, special or consequential damages, nor for loss of use, loss of profit/earnings, crew wages/shares, salvage, tug expenses, demurrage, loss of time, loss of freight, loss of charter and/or similar and/or substituted expenses.
IN ADDITION SURVEYOR SHALL NOT BE LIABLE TO CLIENT ON ANY LEGAL BASIS OTHER THAN NEGLIGENCE AS STATED ABOVE. LIABILITY TO CLIENT FOR BREACH OF CONTRACT, BREACH OF WARRANTY, BREACH OF WARANTY OF 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 CLIENT’S INSURERS, ARE SPECIFICALLY AGREED BY CLIENT AND SURVEYOR TO BE EXCLUDED.
It is understood by Client that Surveyor’s charges for services are based upon this limited liability understanding.
10. Indemnity: While Surveyor agrees to be liable to Client as set forth above, it does not agree to be liable for claims from third parties. Client agrees to indemnify, defend and hold harmless Surveyor, its officers, agents, and employees, from and against all suits, claims, and damages of any kind or nature, by any third party, including attorney’s fees, that arise from, are connected with, or are incident to the work requested. This indemnification obligation shall include but is not limited to, all claims against the Surveyor by an employee or former employee of the Client, and Client expressly waives all immunity and limitation on liability under any Industrial Insurance Act, other worker’s compensation act such as Longshore and Harbor Workers Compensation act, disability benefit act, or other employee benefit act of any jurisdiction which would otherwise be applicable in the cause of claim.
11. Additional Liability: Surveyor agrees to assume additional liabilities if requested by Client and if a written agreement setting forth such liabilities is signed by both Surveyor and Client before work is undertaken. Any such agreement will not be based upon Surveyor’s current rate/charges but shall be upon rates and charges set forth in that additional agreement. If work is begun or undertaken by Surveyor without such special written agreement having been signed, it shall be conclusively presumed to be undertaken subject to the terms and conditions of this work order.
12. Client’s Documents: Surveyor specifically does not and will not accept any terms or conditions, or liability and/or accident and/or indemnity and/or insurance provisions, contained in any document issued by Client which pertains to the work being under taken, unless such are consistent with the terms and conditions set forth in this work order.
13. Notice, Claim, Time Limits and Suits: The limited liability identified above shall apply only to negligence of Surveyor actually discovered, within thirty (30) days from completion of work by Surveyor, and for which written notice has been given to Surveyor within the same period following completion of the work. Client must also commence suit on any claim or controversy arising under this work order or the work performed pursuant to the work order, within ninety (90) days from completion of work. If Client fails to do either then Surveyor is discharged from all liability to Client on any basis.
14. Law and Venue: The work performed by Surveyor, this work order, and any report issued by Surveyor shall be construed in accordance with general maritime law of the United States and the laws of the state of California. Any action, claim, or suits between the parties must be brought in the state or federal courts located in southern California. The substantially prevailing party in any litigation shall be entitled to recover all costs including reasonable attorney’s fees.
15. Entire Agreement: This work order constitutes the complete agreement between Surveyor and Client, and may not be modified or altered except by a further written agreement, signed by both parties. Any clause in this agreement which is deemed prohibited or unenforceable shall be treated as having been severed and the remaining provisions shall remain in full force and effect.