Terms and Conditions
TERMS OF
BUSINESS
SUBJECT
TO WHICH WORK IS UNDERTAKEN AND FACILITIES PROVIDED
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
