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All vessels whilst in our yard are subject to the terms and conditions
contained in our Standard Storage Agreement (in accordance with
the British Marine Industries Federation) which must be completed
by every owner. We do not accept any responsibility for any loss
or damage to vessels or other property whilst in our yard or on
our moorings. Any vessel sold whilst in our yard or on our moorings
is subject to a 1% commission on the sale price. All outstanding
charges must be paid prior to completion. Owners may carry out their
own work. Prices are subject to change without notice and should
be confirmed prior to booking. All prices are subject to VAT at
the prevailing rate.
Rudders Boatyard make up, lay and service annually each swinging
mooring which remains the properly of the boatyard. These moorings
are insured by the boatyard and are not transferable to third parties.
Vessels may stay on their moorings for twelve months of the year.
Storage ashore for suitable sized vessels is included in the annual
fee
These charges also include the use of:
Quay, and, Leaning Posts (by prior arrangement)
Slipway and Landing Stage
Car and dinghy storage (two cars and one small dinghy per mooring)
Power (by 20p slot meter) and water (excessive use by arrangement)
Dogs are allowed in the yard if you clear up their mess!
Security is our priority. However all property is left at the yard
or on the moorings entirely at the owners risk and Rudders Boatyard
does not accept liability for any loss or damage howsoever caused.
Owners should make provision to secure any items on board or in
the yard.
The Landing Stage should be used sparingly to load and unload goods
and crew it should not be used long term or overnight as others
may wish to use this facility too. Please do not use the outer face
of the Landing Stage during strong ebb tides; the current can make
it difficult to leave safely. We do not permit fishing from the
landing stage & boat-yard area. We reserve the right to move vessels
at our discretion, when deemed necessary. Mooring holders do not
have a right to a particular location We are happy to give free
advice but other services are charged at our current labour rate
of £17.00 per hour with a minimum of 1 hour. Commission of 1% is
charged on any vessels sold whilst moored, stored, or using Rudders
Boatyard facilities. All goods supplied remain in the ownership
of Rudders Boatyard until paid for in full. Interest on overdue
accounts is charged at 3% per month. VAT is not chargeable. Mooring
and storage charges are payable in advance for the period of rental.
This Boatyard is fully insured and trades under the above and the
current SBBNF/BMIF Terms Of Business as supplied herewith and displayed
on our premises.
Rudders Boatyard work to the Standard BNIF Terms and Conditions
which are as follows:
Terms of Business
July 26th, 1999
Twelfth edition
These terms of business apply to all work undertaken and facilities
or goods supplied on or after July 1999.
1. LIABILITY
A. We shall not be liable for any loss or damage caused by any events
or circumstances beyond our reasonable control (such as extreme
weather conditions, the actions of third parties not employed by
us or latent defects); this includes loss or damage to vessels,
gear, equipment or other goods left with us for repair or storage,
and harm to persons entering the premises and/or using facilities
or equipment; customers should ensure that their own personal and
property insurance covers such risks.
B. Customers may themselves be liable for any loss or damage caused
by them, their crew or their vessels. Customers may not live aboard
their vessel. Any vessel, gear, equipment or other goods are left
with us at the customer's own risk; the customer should maintain
adequate insurance which should also cover third party liability
of at least £1,000,000.
2. PRICES AND ESTIMATES
A .In the absence of express agreement to the contrary our price
for work shall be based on time and materials expended and services
provided.
B. When we give an estimate or indication of price - in writing
or orally - we will exercise skill and judgement in doing so. Such
estimates are subject always to the accuracy of information provided
by the customer and are usually based only on a superficial examination
and will not include the cost of any additional repairs or work
found necessary to the vessel and/or gear or equipment during the
work nor the cost of any extensions to the work comprised in the
estimate.
C. We will inform the customer promptly of any proposed increase
in estimated prices and the reasons therefor and will only proceed
with the work with the approval of the customer. In those circumstances
the customer's liability for any work already completed or goods
already supplied or to be supplied shall be unaffected.
3. DELAYS
The time for completion of our work is given in good faith but is
not guaranteed. We shall not be responsible for any delay in completion
of the work or for the consequences of any such delay unless it
arises from our wilful acts or omissions or from our negligence.
4. VESSEL MOVEMENTS
We reserve the right to move any vessel, gear, equipment or other
goods at our discretion for reasons of safety or good management.
5. PAYMENT
A. Unless otherwise agreed in writing the price of all work, goods
and services shall be due immediately on invoice date.
B. Pending receipt of payments in full without set off or deduction
we reserve the right to charge interest on any sums outstanding
after 30 days at 4% over Barclays Bank Plc base rate.
C. We have the right to keep hold of a vessel, its gear and equipment
and any other goods on which we have worked or in respect of which
we have provided services pending payment in full of all sums due
to us in respect of the provision of any such work or services.
During any such period of retention we reserve the right to continue
to charge for storage, hard standing or berthing at our usual commercial
rates.
6. GUARANTEE
A. Nothing in these terms affects the statutory rights of any customer
who contracts with us as a consumer.
B. We guarantee our work for a period of 12 months from completion
against all defects which are due to poor workmanship or defective
materials supplied by us. We shall be liable under this guarantee
only for defects appearing during this 12-month period which must
be promptly notified to us in writing.
C. On notification by the customer of such defects, we will investigate
the cause and if they are our responsibility under the terms of
this guarantee we will promptly remedy them or, at our option, employ
other specialist contractors to do so. Any remedial work which is
put in hand by the customer other than through ourselves in accordance
with the terms of this guarantee may invalidate this guarantee in
respect of such defects if we are not advised beforehand and given
the opportunity to inspect and agree such work and its cost.
D. Where we supply goods or services to a customer in the course
of his business:
1. No article supplies by us to a business customer shall carry
any express or implied term as to its quality or its fitness for
any particular purpose unless prior to the supply the customer has
sufficiently explained the purpose for which it is required and
made it clear that he is relying on our skill and judgement.
2. No proprietary article specified by name, size or type by a business
customer shall carry any such express or implied term but we will
assign to the customer any rights we may have against the manufacturer
or importer of that article.
3. In no event do we accept liability to a business customer
for consequential damage beyond replacement of any faulty or
unsuitable article supplied by us.
7. QUALITY STANDARDS
We will complete our work to the agreed specification and, in the
absence of any other contractual term as to quality, to satisfactory
quality.
8. ACCESS TO PREMISES/WORK ON THE VESSEL
A. Subject to paragraph B of this clause no work shall be done on
the vessel, gear, equipment or other goods while on our premises
without our prior written consent other than minor running repairs
or minor maintenance of a routine nature by the customer, his regular
crew or members of his family not causing nuisance, or annoyance
to any other customer or person residing in the vicinity, nor interfering
with our schedule of work, nor involving access to prohibited areas.
B. Prior written consent will not be unreasonably withheld where:
1. The work is of a type for which we would normally employ a
specialist sub-contractor; or
2. The work is being carried out under warranty by the manufacturer
and/or supplier of the vessel or any part of the equipment to which
the warranty relates.
C. Notwithstanding the foregoing , during periods of work by us
on the vessel, neither the customer nor his invitees shall have
access to the vessel without our prior consent, which consent shall
not be unreasonably withheld. In the event of such access being
permitted, it will be at the customer's own risk.
9. RIGHT OF SALE
A. Where we accept vessels, gear, equipment or other goods for repair,
refit, maintenance or storage we do so subject to the provision
of the Torts (Interference with Goods ) Act 1977. The Act confers
a Right of Sale on us in circumstances where the customer fails
to collect or accept re-delivery of the goods (which includes a
vessel and/or any other property). Such sale will not take place
until we have given notice to the customer in accordance with the
Act. For the purpose of the Act it is recorded that:
1. Goods for repair or other treatment are accepted by us on
the basis that the customer is the owner of the goods or the owner's
authorised agent and that he will take delivery or arrange collection
when the repair or treatment has been carried out;
2. Our obligation as custodian of goods accepted for storage ends
on our notice to the customer of termination of that obligation;
3. The place for delivery and collection of goods shall be at our
premises unless agreed otherwise.
B. In certain other circumstances we may be entitled to have vessels
or goods sold through the Court for non-payment of invoices.
10. SUB-CONTRACTING
We may sub-contract all or part of the work entrusted to us by the
customer, on terms that any such sub-contractor shall have the protection
and benefit of all rights and conditions, and of all limitations
and exclusions of liability, contained in these Terms of Business.
11. If any provision of these Terms of Business is deemed
for any reason to be invalid, void or deleted, the Terms of Business
shall nonetheless remain in full force and effect as if such provision
had not originally been included. In such circumstances, we and
the customer shall negotiate in good faith in order to agree the
terms of a mutually acceptable and satisfactory alternative provision
in place of the invalid, void or deleted provision.
12. NOTICES
Notices to a customer shall be deemed to have been sufficiently
served if sent by first class post to the customer's last known
address. Notices to us should be sent by first class post to our
principal trading address.
13. LAW
These terms are subject to English law and any dispute arising under
them shall be submitted to the jurisdiction of the Courts of England
and Wales. Published by the British Marine Industries Federation
and approved by the Royal Yachting Association, who recommend that
minor disputes are submitted to informal arbitration and who are
willing, on request, to nominate a suitable person or persons.
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