Home Page Services Directions Contact Us Picture Gallery Brief History Terms & Conditions    

Terms and Conditions





1.               Liability

a.                 Quality of workmanship and materials; We will put right free of charge any defect in our workmanship or materials that may fall below the standards generally accepted in the ship repairing industry and which is brought to our attention in writing within 12 months of the date of the invoice covering that work or those materials but we will not in any circumstances be liable for any such defect in any material, equipment or procedures specifically requested by any client against our professional advice or which is not brought to our attention in writing within that time.

b.                Goods supplied: Except where the Owner is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12) all warranties conditions or terms relating to fitness for purpose merchantability or condition of any goods supplied by us whether implied by statue or common law or otherwise are excluded.

c.                 General: Neither we nor our employees shall be liable for any injury, loss, damage or delay unless the same was caused by our negligence or deliberate act or that of our employees. Subject to that exception all vessels and property entrusted to us are repaired worked on moved stored kept and managed at the sole risk of the Owner.

d.                The Owner should therefore ensure that his vessel and property is adequately insured against all risks and that he is himself adequately insured against third party risks and against damage caused by his vessel himself or his crew whilst on or about our premises or in or near the water or other berth in which the vessel may from time to time be moored. We accept no liability for consequential loss or damage.

e.                 Persons entering on or using our premises or its facilities for whatever purpose and whether by invitation or otherwise shall do so at their own risk and we shall not be liable for any injury, loss, damage or delay sustained by such persons unless the same is caused by our negligence or deliberate act or that of our employees.

f.                   Persons so entering on or using our premises or facilities shall themselves be liable for any injury, loss, damage or delay sustained by us or by our employees or property as a result of such persons’ negligence or deliberate act.

2.               Charging Rates

a.                 Our charging rates are quoted separately on application to us by the Owner. We reserve the right to vary our charging rates upwards or downwards and if our work remains unfinished such revised rates will apply to the remaining work and our charges will be apportioned accordingly.

3.               Estimates

a.                 Any Estimates issued by Silvers Marine must be accepted by the Owner within 7 days of its date of issue in writing using our acceptance form (Click on Link to download in PDF Format) and no works will proceed until the acceptance form and deposit are received.

4.               Interim Invoices and Final Accounts

a.                 Silvers Marine will issue interim invoices for chargeable costs arising every 30days from the date of acceptance of the Estimate or commencement of the works, and final accounts will be based on chargeable labour hours, and materials, plant, equipment and sub-contractor chargeable costs incurred.

5.               Owner’s Extras / Additional / Urgent Rectification Works

a.                 General: The Owner will be charged at the rates prevailing during the period of the work for all extra or additional works which do not form part of the original accepted estimate and which extra or additional works have been duly instructed. Once instructed any costs incurred as a result of cancellation after the works commence will be deemed chargeable and due by the Owner.

b.                Urgent rectification where the Owner cannot be contacted.    

If during the course of executing any work we find any defect in the vessel or goods which in our opinion requires urgent rectification we will endeavour to contact the Owner to obtain permission to rectify such defect but if after making reasonable attempts we are unable to contact the Owner we shall be entitled (though not obliged) to rectify such defect and the Owner will pay for that work at our charging rates prevailing during the period of the work.

6.               Insurance

a.                 The Customer shall, at its own expense, insure all Goods against all insurable risks of physical loss and/or damage throughout the duration of the Agreement to their full replacement value, and the cost and arranging of insurance of any tow in connection with any Marine Services shall be the sole responsibility of the Customer. We require a copy of The Owner’s insurance policy document to be kept on record.

7.               Work by Owner

a.                 On vessel or goods entrusted to us Owners and all persons entering our premises within normal working hours must sign and note their times of arrival and departure in the Visitor’s Book maintained by us for this purpose. All third parties must complete our induction procedure.

b.                Except for minor maintenance of a routine nature neither the Owner of any vessel nor the Owner of any goods entrusted to us nor any person engaged by the Owner shall be entitled to carry out any work on a vessel or goods without our  consent and on such terms as we may specify. Our consent will not be unreasonably withheld. Any such person shall immediately cease such work and leave the premises if requested by us to do so.

8.               Moving, Redelivery and Launching

a.               We shall have the right to move any vessel or goods entrusted to us to such place within or without our premises at such time or times as we may in our discretion decide. Unless otherwise agreed by us in writing and subject to paragraph 7 hereof regarding payment of invoices we will effect delivery of any vessel or goods entrusted to us within a reasonable time of completion of our work either at our yard or afloat or at such other place and at such time as we may decide. The Owner shall be responsible for compliance with any River or Harbour Authority rules and regulations relating to his vessel. Whereas we will endeavour to comply with the Owner’s requirements with regard to the place, date and time for launching his vessel we shall be entitled to decide the place, date and time and the Owner will if so required pay our charging rates for any work we may have to do to move other vessels in order to comply with the Owner’s requirements.  No props, shores or blocks are to be altered in any way without permission from Silvers Marine.


9.               Mooring

a.               No work shall be done to the vessel whilst on our moorings, unless prior consent by the Company has been granted. The owner undertakes to pay all mooring fees for the period of rental, and any periods of renewal of this rental at the appropriate tariff as agreed by the Company.  Should the owner choose to vacate the mooring earlier than the end of rental period, then the Company shall not be liable to make any refund nor to offer any credit of unpaid mooring fees for the remainder of the period and the Owner shall pay the full account remaining for the period of this rental prior to leaving the marina.

10.         Payment of Invoices

a.                 The Owner will pay the amount shown to be due on any invoice rendered by us within 14 days of invoice and will not be entitled to remove his vessel or goods from our premises or from any other place in which we may have placed it or them unless he has paid any invoices which may be outstanding in cash or by cleared funds. If payment is not so made within 30 days of the date of the invoice, legal action will be taken. If the vessel or goods are not removed from our premises within 10 days of the date of the invoice the Owner will pay in addition our mooring or storage charges at the rate in force at the date of the invoice.

b.                The Torts (Interference with Goods) Act 1977 shall apply with regard to our ultimate right to dispose of the vessel or goods for non-payment of charges and with regard to the other matters mentioned in that Act.

11.         Brokerage on Sale of Boats in Our Care

a.                 Except where the Owner has appointed us his agent for sale if the Owner shall agree to sell any vessel or goods while they are entrusted to us the Owner shall pay us an access charge of I % plus VAT of the sale price or of our estimate of the sale price and neither the Owner nor the purchaser shall be entitled to remove his vessel or goods until the access charge has been paid.

12.         Definitions

a.                 In this agreement the expression “Owner” includes Owner’s Agent , Charter Master, Marine Surveyor or other person purporting to be authorised by the Owner and the words “we”, “us” and “our” refer to Silvers Marine.

b.                In this agreement the expression “Written” includes email correspondence

c.                 Duly Instructed shall be taken to mean; Any Verbal Instructions issued by the Owner which are subsequently confirmed by Silvers Marine to the Owner in writing, OR by the Owner to Silvers Marine in writing,. No works will be carried out without written confirmation.

13.         Delivery of Notices and Other Documents, Including Invoices

a.                 All documents shall be deemed delivered to the Owner of a vessel or of goods entrusted to us 3 days after having been sent to him, her or it by pre-paid first or second class post or by email to their last known address.



Deposit Agreement.pdf