It is bit grey area. You are evaluating something. Do some basic checks. Actually end up seeing something you should not. You stop and tell them to fix it. They then silence you.

Now it is bit questionable should you check things like this during evaluation or not. Strict legal reading probably not. With reasonable customer relations you thank them and put it on top of the priority list. Unless they clearly enumerated everything they got their hands on or tried to run more real scans.