50° 43' N - 01° 58' W
Any questions? Call us on +44 (0)1202 747857
Terms of Business
SUBJECT TO WHICH ALL WORK IS UNDERTAKEN AND FACILITIES ARE PROVIDED
- We and our employees accept no responsibility for loss,
damage or delay arising from any cause whatsoever unless such loss,
damage or delay was caused by, or resulted from, our negligence or deliberate
act or that of those for whom we are responsible. Subject to that exception,
all vessels and gear are repaired, worked on, moved, stored or otherwise
managed and kept at the sole risk of the Owner. Customers should therefore
ensure that their vessels and/or property are adequately insured against
all risks; they also should ensure that they are themselves adequately
insured against third party risks as they may be liable for damage caused
by their vessels, themselves or their crew whilst on or about the premises.
- Subject to express agreement to the contrary any delivery
date quote is given in good faith and is not guaranteed but delivery
shall be within a reasonable time of any date specified, bearing in
mind all the circumstances of the particular case.
- This clause applies only where we supply goods to a
person who buys in the course of a business ("a business customer")
- No articles supplied by us to a business customer shall carry
any warranty or condition of sale, express or implied, as to quality,
or as to fitness for any particular purpose unless the customer
when he orders that article sufficiently explains the purpose for
which it is required and makes it clear that he is relying on our
skill and judgement.
- No proprietary article order from us by name, type and/or
size by a business customer shall carry any such warranty or condition
of sale, save so far as we can pass on a manufacturer's warranty.
- In no event do we accept liability to a business customer
for consequential damage beyond replacement of any faulty or unsuitable
article supplied.
- In the interests of safety and expedience, we reserve the right to
move any vessel and/or gear at our discretion.
- All persons using any part of our premises and/or facilities for whatever
purpose and whether by invitation or otherwise do so at their own risk,
unless any injury or damage to person or property sustained within the
premises and/or facilities was caused by, or resulted from, our negligence
or deliberate act or that of those for whom we are responsible.
- Subject to paragraph (b) of this condition no work shall he done
to the vessel whilst on our premises or moorings without our prior written
consent other than minor running repairs or minor maintenance of a routine
nature by the owner, his regular crew, or members of his family not
causing any nuisance or annoyance to any other users of our premises
or mooring or any other person residing in the vicinity.
- Prior written
consent for work to be carried out on our premises will not without
good cause be withheld where: the work to be carried out is work for
which we, or our concessionaires or those who normally carry out work
on our behalf, would normally employ a specialist sub-contractor or
the whole of the work is being carried out under warranty by the manufacturer
and/or supplier of the vessel or any part of her equipment to which
the warranty relates.
- In all cases where a contract of hire or licence to occupy any moorings,
berth, storage, space, property or facilities may be lawfully terminated
by notice, the same shall be deemed to be lawfully served if served
personally or sent by registered post or recorded delivery service to
the last known address in the United Kingdom of the Hirer or Licensee.
- Vessels stored at seasonal rates ashore or in mud berths will be launched
or put afloat as near the end of the seasonal period as in our opinion
tide, weather conditions and available facilities permit and in such
sequence as to avoid moving other vessels for this purpose and also
so as to make the most economical use of the facilities at our disposal.
At the Owner's request, we will, if possible, launch his vessel at any
suitable tide and weather conditions, but the cost of moving other vessels
for this purpose and/or any attendant expenses must be paid for by the
Owner. Moorings are at all times subject to River and Harbour Authority
Rules and Regulations.
- Subject to express agreement in writing to the contrary, all quotations
given by us are subject to the cost of labour and materials remaining
at the same level as those prevailing at the time of the quotation,
and the quoted price shall be increased or decreased by the amount by
which the actual cost of labour, materials and overheads has increased
or decreased by reason of variation of the aforesaid levels since the
date of the quotation. However, the quotation shall not be adjusted
to meet increased costs which would not have occurred but for our failure
to proceed with the work with reasonable despatch.
- Any quotation is subject to acceptance within seven days from the
date thereof.
- In the absence of any written agreement or arrangement to the contrary,
delivery is given at our yard or in the water adjacent thereto.
- Quotations cover only the work and/or items specified thereon, and
all additions, alterations, waiting time and any additional costs due
to modified instructions will be charged to the customer at ruling prices.
If, in the course of executing any work, we find any defect in a vessel
and/or its gear that in our opinion should be rectified without delay,
and before the Owner's consent can be obtained, we reserve the right
to carry out such necessary repair at our discretion and to charge same
to the Owner. Notice of any such rectification will be forwarded to
the Owner forthwith.
- Unless otherwise specified our terms of payment for goods supplied,
work done or accommodation provided are net in 14 days from the date
of the invoice or before removal of the vessel or goods, whichever shall
be the earlier. If the vessel or goods are not removed within 14 days
from the date of the invoice, we shall have the right thereafter to
make reasonable mooring or storage charges.
- Subject to any agreement to the contrary, we have the right to exercise
a general lien upon any vessel and/or its gear and equipment whilst
in or upon our premises or afloat at any of our moorings, until such
time as any moneys due to us from the Owner in respect of such vessel
and/or its gear whether on account of storage or mooring charges, work
done or otherwise shall be paid.
- Acceptance by us of goods (including vessels and/or their engines,
gear and equipment) for repair or other treatment or for mooring or
storage is subject to the provisions of the Torts interference with
Goods Act 1977, which confers on us as bailees a right of sale excisable
in certain circumstance. Such sale will not take place until we have
given notice to the Owner in accordance with the Act. For the purposes
of the Act it is hereby recorded that:
- Goods for repair or other treatment are accepted by us on
the terms that the Owner will take delivery of the goods in accordance
with Clause 11 of these terms when the repair or other treatment
has been carried out:
- Our obligation as custodian of goods accepted for mooring
or storage ends upon the expiry or lawful termination of the grant
to the Owner of facilities for mooring or storage.
- Save as provided for business customers under Clause 3, all goods
are supplied with the benefit of the appropriate under-takings (particularly
as to conformity of goods with description or sample and as to their
quality or fitness for a particular purpose ) which are implied by the
Sale of Goods Act 1893 as amended). Nothing in these terms shall affect
those statutory rights.
- Except where notice is required to be given under Clauses 12 or 15,
and except as regards Clause 14, the work "Owner" shall include
a Charterer, Master. or Authorised Agent.
- Subject to express agreement to the contrary, all orders written
or verbal are accepted on the understanding that the foregoing terms
of business shall apply to each and every transaction.