Terms of Business
1. 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 vessel 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 should also 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.
2. Subject to express agreement to the contrary any delivery date quoted 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.
3. Applicable only where we supply goods, undertake work, or provide facilities to, or for, a person who deals in the course of a business (“a business customer”).
(a) No article 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.
(b) No proprietary article ordered 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.
(c) In no event do we accept liability to a business customer for consequential damage beyond replacement of any faulty or unsuitable article supplied.
4. In the interests of safety and expedience, we reserve the right to move any vessel and/or gear at our discretion.
5. Persons using any part of our premises and/or facilities for whatever purpose, whether by invitation or otherwise, do so at their risk, unless 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.
6. (a) Subject to paragraph (b) of this Condition no work shall be done to the vessel whilst on our premises or moorings without 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 moorings or any other person residing in the vicinity.
(b) Prior written consent for work to be carried out on our premises will not be withheld without good cause where:
(i) 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 subcontractor or,
(ii) 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 warranty relates.
7. In all cases 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.
8. 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 sequences 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 in suitable 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 the River and Harbour Authority Rules and Regulations.
9. 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 or 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.
10. Any quotation is subject to acceptance within seven days from the date thereof.
11. In the absence of any written agreement or arrangement to the contrary delivery is given at our yard or in the water adjacent thereto.
12. Quotations cover only the work and/or items specified thereon. All additions, alterations, waiting time and any additional costs due to modified instructions will be charged to the customer at the ruling rate. 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 charge same to the owner. Notice of any such rectification will be forwarded to the owner forthwith.
13. Unless otherwise specified, our terms of payment for goods supplied, work done or accommodation provided are as stated on the invoice. If the vessel is not removed within two weekends from the date of completion of work, and unless prior arrangements have been made, we shall have the right thereafter to make reasonable mooring or storage charges.
14. 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 monies 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.
15. Goods (including vessels and/or their engines, gear and equipment) for repair or other treatment are accepted by us on condition that the Owner will take delivery of the goods when the repair or other treatment has been carried out. Our obligation as custodians 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.
Acceptance by us of goods for repair or other treatment or for mooring or storage is subject to a right to us to sell the goods (a) if the Owner has failed to pay any charges in relation to the goods for a period of one month after invoicing and (b) after three months’ notice of intention to sell the goods has been given by us to the Owner in writing by recorded delivery at his last known address.
We shall account to the Owner for the proceeds of sale less any charges due to us and the costs of sale, and the purchases of goods shall have a good title thereto against the Owner.
16. Save as provided for business customers under Clause3, all goods are supplied with the benefit of the appropriate undertakings, (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.
17. Except where notice is required to be given under Clause 12 or 15, and except as regards Clause 14, the word ‘owner’ shall include Charterer, Master or Authorised Agent.
18. A credit charge based on base rate plus 4% will be implemented by the Company if an invoice is not paid within 14 days of date of invoice unless other terms are stated on the invoice.
19. This agreement is for all purposes governed solely by the laws of Scotland which apply to all aspects of any dispute of whatsoever nature between us and any other. The Courts of Scotland shall for all purposes have jurisdiction in respect of any such dispute except that we reserve the exclusive right to insist upon any dispute being submitted to Arbitration in which event we have sole rights to nominate a Single Arbiter whose determination shall in all respects be final.
20. 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.
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