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 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 they are themselves adequately insured against third party risks as they may be liable for damages caused by their vessel, 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 a 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. Delivery date indicated on any correspondence schedule or purchase contract agreement is deemed to be the contracted latest date for completion by the purchaser according to that agreement (subject to any delivery delays as indicated above). Any extension to the agreed delivery date indicated on the purchase contract must be agreed in writing by the selling agent and the revised date agreed by the purchaser. Failure to complete by the agreed date could deem the contract to be cancelled (please see section 19).
3. This clause applies only where we supply goods to a person who buys 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 judgment. (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 we can pass on a manufacturer 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. All persons using any part of our premises and/or facilities or whatever purpose and whether by invitation or otherwise do so at their own risk, unless any injury or damage to a 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 mooring 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 mooring or pontoons or any other person residing in the vicinity.
(b) Prior written consent for work to be carried out on our premises will not without good cause be withheld 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 sub contractor or ii) The manufacturer and/or supplier of the vessel or any part of her equipment to which the warranty relates are carrying out the whole of the work under warranty.
7. In all cases where a contract of hire or license to occupy any mooring berth, storage property or facility may be lawfully terminated be notice, the same shall be deemed to be lawful served if served personally or sent by registered post or record 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 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 vessels for this purpose and also so as to make the most economic use to the facilities at our disposal. At the Owners 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. Mooring is at all time subject to 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 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 of occurred but for failure to proceed with the work with reasonable dispatch.
10. Any quotation is subject to acceptance within seven days from the date thereof.
11. In the absence of any written agreement of any written agreement or arrangement to the contrary, delivery is given at our yard, workshop, and place of business or in the water adjacent thereof.
12. Quotation cover only the work and/or items specified thereon, and all additions, alterations, waiting time and 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 defects 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.
13. Unless otherwise specified, our terms of payment for goods supplied, work done or accommodation provided are net in 20 days from the date of invoice or before removal of the vessel or goods, whichever shall be the earlier. If the vessel or goods are not removed within 7 days from the date of the invoice/job card, we shall have the right there after to charge for storage as per our current storage rates. (Obtainable at our accounts office). All outstanding accounts will be charged at a compounding rate of 2% per month or part of a month calculated from the date of invoice. All goods and equipment supplied as part of the repair or treatment remains the property of us until such times that all outstanding moneys have been paid to us from the owner or his agent.
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 on our premises or afloat at any mooring, until such time as any moneys due to us from the owner (including any accrued interest and costs) are paid to us. All unpaid invoices or costs for vessels or its gear and equipment held at our premises will render the aforesaid vessel its gear or equipment liable to storage charges as per section 13.
15. Acceptance by us of goods (including vessels and/or their engines, gear and equipment) for repairs or other treatment or for mooring or storage to the provisions of the torts (interference with Goods) act 1977, which confers on us as bailees a right of sale exercisable in certain circumstances. Such sale will not take place until we have given notice to the owner in accordance with the act. For purposes of the act it is recorded that: (a) 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: (b) Our obligation as custodian of goods accepted for mooring or storage ends upon the expire or lawful termination of the grant to the owner of the facilities for mooring or storage.
16. Save ads provided for business customers under clause 13, all goods are supplied with the benefit of the appropriate undertaking (Particularly as to conformity of goods with description or sample, and as to their quality or fitness for 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 a Charter, master, or Authorised Agent.
18. 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. 19. All purchases made under a Purchase Contract are governed firstly by the Contract of Sale and then by these Terms of Business. Monies or equipment placed as deposit (inc. part exchanges) are non-refundable if the contract of sale is breached. Refund of deposits will only be made if specifically indicated on the Purchase Contract or included in a schedule attached to the contract and is deemed to be part of that contract. If the purchase contract is breached all deposits being money or equipment will be forfeited by the purchaser. This does not in any way affect your rights under the sale of goods act.
19. TRANSPORT:
(a) Payment terms are cleared funds immediately on deliveries of all Boats. Our transport services will not hand over goods until payment has been made. This does not apply to account customers. (Accounts must be agreed in writing by Elite Yacht Company Ltd. Prior to loading). Any delay in unloading due to non payment or for any other reason unless the responsibility of Elite Yacht Company Ltd. incurs a daily standing charge.
(b) Cranage at both ends is the customer’s responsibility to arrange and pay for.
(c) It is the customers responsibility to organise and prepare the boat for transport, i.e. de-masting, safe stowage of ancillaries i.e. lights, aerials, guardrails, rigging and anchors etc. Boats with high air draft (4m plus) will normally require the removal of props and rudders, and on some occasions radar arch, spray screens, steering wheel and seats will have to be removed from the fly bridge. On all occasions covers will have to be removed. If the customer chooses to leave in place any of the fore mentioned items, this will be entirely at their own risk. Inside the cabin, the customer will be entirely responsible for the safe stowage of all items. In most cases the drivers will be happy to advise, but cannot be held liable.
(d) Boats being shipped in and out of the UK will require Part 1 registry or similar, tax paid invoice and in some cases a copy of the owners passport to prove ownership.
(e) Included in all quotations are relevant licenses, permits and, when required, accompaniment by pilot vehicle, unless stated otherwise. All efforts will be made to collect on the agreed date but transport services cannot be held liable for any costs if dates cannot be met.
