Terms & Conditions
These conditions shall govern all goods or services supplied by the Company unless a variation or exception has been expressly agreed in writing by one of the Company’s Directors and no terms contained in any Customer’s order form or in any other document which are inconsistent herewith shall have any effect.
B. WORKING PRACTICE.
In the interests of safety and expedience we reserve the right to move (at the owners risk and cost) any Vessel at our discretion.
(a) Subject to paragraph (b) of this condition no work shall be done to the Vessel whilst on the Company’s premises or mooring without prior written consent other than minor running repairs or minor maintenance of a routine nature by the owner his regular crew or his family, not causing any nuisance or annoyance to other users of our premises or moorings or any other person residing in the vicinity.
(b) Prior written consent for work to be carried out on the premises will not (without good cause) be withheld where the whole of the work is being carried out under warranty by the manufacturer and / or the supplier of the Vessel or any part of her equipment to which the warranty relates.
This Clause applies in all cases to a contract to hire or licence to occupy any moorings, berth, storage space, property or facilities:
(a) Where such a contract or licence shall have been entered into or granted by the Company it shall be personal only to the Customer and shall not be assigned.
(b) Such contract or licence may be terminated by one months notice given by either party to the other and such notice shall be deemed to be lawfully served if served personally or sent by registered post or recorded delivery to the last known address in the United Kingdom of the Customer.
(c) If following expiration of such notice the Customer does not remove the Vessel to which such notice refers the company has the right to Charge such additional storage charges as it shall consider reasonable and after a period of three months from the expiry date of such notice the Company shall have the right to move the Vessel away from the Company’s premises or moorings provided that the Company’s lien thereon and its power of sale shall not thereby be deemed to have been terminated.
(d) The Company’s obligation as custodian or bailee of a Vessel for mooring or storage ends upon the expiry or lawful termination of the contract or licence in respect thereof whereafter the Vessel or equipment shall be at the sole risk of the Customer.
(e) 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 the Company’s opinion tide weather conditions and available facilities permit and in such sequence as to avoid moving Vessels for this purpose and disposal.
(f) At the Customers risk, the Company will if requested by the Customer at any other time launch his Vessel (tide and weather conditions permitting) but the cost of moving other Vessels for this and /or any attendant expenses must be paid for by the Customer and the Company will accept no loss or damage caused by this whatsoever.
(g) Moorings are at all times subject River and Harbour Authority Rules and regulations.
C. LIABILITY PROVISIONS.
The Company shall use its best endeavours to fulfil any delivery date quoted but such delivery dates are given in good faith only and are not guaranteed and the Company shall not be liable in any event whatsoever to the Customer for any consequences (direct or indirect) of any delay.
(a) Quotations indicate the price at which the Company would be willing to do work or supply goods and any order placed on the basis of a quotation must be accepted by the Company for a Contract to arise.
(b) The Company will hold the prices contained within a quotation for a period of thirty days but after such time reserves the right to raise or decrease the price as it thinks fit.
(c) Quotations cover only the work or goods therein specified and all additions alterations waiting time and additional cost thereby due will be charged to the Customer at current prices.
(a) Where the Company undertakes to carry out work on the basis of instructions from the Customer or any person on the authority of the Customer the Customer warrants their validity and that they are in no way misleading.
(b) Where the Company undertakes to carry out work on the basis of instructions from the customer which are contrary to advice given by the Company the Company shall not be liable (and shall be so indemnified by the Customer) for any loss or damage (direct or indirect) that may arise which is not the direct result of the negligence of the Company and all warranties and guarantees relating to such work are hereby expressly excluded.
(a) The Company and its employees, servants and agents accept no responsibility for any loss, damage or delay arising from any cause whatsoever unless such loss or damage (not delay) was caused by, or resulted from, its or their
negligence or deliberate act. Subject to this exception, all Vessels are repaired, working on, moved, stored or otherwise managed and kept at the sole risk of the Owner.
(b) All persons using any part of the premises, facilities or moorings of the Company 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, facilities or moorings was caused by or resulted from negligence or deliberate act of the Company, its employees, servants or agents.
CUSTOMERS SHOULD THE BEFORE ENSURE THAT THEIR VESSELS AND/OR PROPERTY ARE ADEQUATELY INSURED against all risks and that they are themselves insured against Third party risks, as they may be liable for damage caused by their Vessel, themselves or their crew, while on or about the premises.
This clause applies only where the Company supplies goods or services to a Customer who buys in the course of a business (“a Business Customer”).
(a) No goods supplied or service provided to a Business Customer shall carry any warranty or condition of sale or supply, express or implied, as to quality or as to fitness for any particular purpose unless the Customer when he orders the goods sufficiently explains the purpose for which they are required and makes it dear that he is relying on the Company’s skill and judgement.
(b) No proprietary goods ordered by name, type and size by a Customer shall carry any such warranty or condition of sale, save so far as a manufacturer’s warranty can be relied upon.
(c) In no event do we accept any liability for consequential loss or damage (direct or indirect) beyond replacement of any unsuitable or faulty part or reinstatement of any faulty workmanship.
Save as is provided for Business Customers in clause 9, nothing in these terms shall affect the Statutory rights of the Customer, and, if any particular Term or Condition (or part thereof) is deemed void and unenforceable, the remainder of these Terms and Conditions shall continue to apply.
The Customer warrants that he will carefully examine all goods and parts supplied by the Company or Vessels or goods to which any work has been done by the Company upon delivery and will notify the Company in writing of any defects or failure to comply with the contract which is or ought to be apparent upon such examination within TWENTY ONE days of delivery, and no claim in respect of such defects will be accepted after that time.
D. PAYMENT TERMS.
In the absence of any written agreement to the contrary delivery is given at the Company’s yard or in the water adjacent thereto.
(a) Unless otherwise specified the Company’s terms of payment for goods supplied, work done, moorings or storage provided are NET FOURTEEN DAYS from the date of invoice or before removal of the Vessel or goods whichever shall be the earlier.
(b) If payment is not made within thirty days the Company shall have the right thereafter to make reasonable mooring or storage charges from the date of the invoice.
(c) In addition to reasonable storage or mooring charges the Company shall be entitled to charge interest on all outstanding accounts at the rate of 5% per month and the terms of the Company’s lien hereinafter referred to shall extend to include such interest charges.
(d) Acceptance by the Company of Vessels 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 the Company, as a bailee, a right of sale in certain circumstances and upon notice.
(e) Title in the goods sold or supplied to the Customer by the Company shall not pass to the Customer until all sums due to the Company from the Customer (whether in respect of those goods or otherwise) have been paid to the Company and until title has passed the Customer shall store the goods separately from all other goods and in such a fashion as to render them identifiable as the property of the Company. At all times before title in the goods has passed to the Customer the Company shall be entitled to require the goods to be given up and for this purpose to enter the Customer’s premises and to retake possession of the goods.
E. MISCELLANEOUS PROVISIONS.
Where the context so requires the word “Customer” shall include owner, charterer, master, or authorised agent; “the Vessel” its engines, equipment, sails and gear, be it on board or ashore.
The Company shall be entitled to charge the owner of any Vessel who enters into an agreement to sell or completes a sale of such Vessel, whilst the Vessel is on the Company’s premises or afloat at one of its moorings or otherwise within the Company’s control, 1 % of the gross sale price.
(a) English law shall apply.
(b) All disputes shall be referred to a single Arbitrator to be appointed, in default of agreement, by the President of BMIF and the provisions of the Arbitration Act 1950 – 1979 shall apply.