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TERMS OF BUSINESS
THESE TERMS OF BUSINESS APPLY TO ALL WORK UNDERTAKEN AND FACILITIES
OR GOODS SUPPLIED ON OR AFTER 1/ 08/99
Coastal Rides terms of business (Amended 25/5/01)
Liability
We shall not be liable for any loss or damage caused by 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 property insurance covers such risks.
Customers may themselves be liable for any loss or damage caused by them,
their crew or their vessels. Any vessel gear equipment or other goods
are left with us at the customers own risk; the customer should maintain
adequate insurance which should also cover third party liability of at
least £1000,000
Prices And Estimates
In the absence of express agreement to the contrary our price for work
shall be based on time and materials expended and services provided.
We shall give an estimate on indication of price, in writing or orally-
we shall exercise skill and judgement in doing so. Such estimates are
always subject to the accuracy of the information provided by the customer
and are usually based only on 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.
We will inform the customer promptly of any proposed increase in the
estimated prices and the reasons therefore 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.
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 the consequences of any such delay unless it arises from
our wilful acts or omissions or from our negligence.
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.
Payment
Unless otherwise agreed in writing the price of all work, goods and services
shall be due immediately on invoice date.
Pending receipt of 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.
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 which we have provided
services pending payments in full or 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 and berthing at our usual commercial rates.
Guarantee
Nothing in these terms affects the statutory rights of any customer who
contracts with us as a consumer.
We guarantee our work for a period of 3 months from completion against
all defects (unless specified otherwise) that are due to poor workmanship
or defective materials supplied by us. We shall be liable under this
guarantee only for defects appearing during this 3-month period, (unless
otherwise specified) which must be promptly notified to us in writing.
. Our warranty is three month back to base and we will not be liable
for any return costs, loss of profit, consequential or indirect loss,
including loss of business, revenue, goodwill and any anticipated savings
, howsoever arising. (including fitting / removal costs. Warranty repairs
are all return to base by customer
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 that is put in hand
by the customer other than through ourselves in accordance with the terms
of this guarantee may invalidate this given the opportunity to inspect
and agree such work and its cost.
Where we supply goods or services to a customer in the course of his
business:
No such goods or services shall carry any express or implied term as
to the quality or 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.
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 have
Against the manufacturer or importer of that article.
In no event do we accept liability to a business customer for consequential
damages beyond replacement of any faulty or unsuitable article supplied
by us.
Quality Standards
We will complete our work to the agreed specification and, in the absence
of any other contractual term as to quality, to a satisfactory quality.
Access To Premises / Work On Vessel
Subject to the paragraph below 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.
Prior written consent will not be unreasonably withheld where:
The work is of a type for which we would normally employ a specialist
sub contractor; or
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.
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 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.
Right Of Sale
Where we accept vessels, gear, equipment or other goods, for repair,
refit, maintenance or storage we do so subject to the provisions 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:
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 ;
Our obligation as custodian of goods accepted for storage ends on our
notice to the customer of termination of that obligation;
The place for delivery and collection of goods shall be at our premises unless
agreed otherwise.
In certain other circumstances we may be entitled to have vessels or
goods sold through the court for non-payment of invoices.
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.
Ancillary Provisions
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 is such provision had not originally
been included. In such circumstances , we and the customer shall negotiate
in good faith in order to agreethe terms of a mutually acceptable
and satisfactory alternative provision in place of the invalid, void
or deleted provision.
Notices to a customer shall be deemed to have been sufficiently served
if sent by first class post to a customer’s last known address.
Notices to us should be sent by first class post to our principal trading
address.
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.
These terms are subject to change at any time
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