Terms and Conditions

Weir Quay Boatyard Limited (Terms) 2021  
  1. 1.                      DEFINITIONS
Where the following words appear in these Terms and Conditions and the Licence they shall have these meanings: Company shall mean Weir Quay Boatyard Limited, the Company or any of its agents to whom the application for berthing is made which may be one or more of its associated companies, concessionaires, tenants and assignees for the operation of the boat repair yard, brokerage or other Boatyard facility. Boatyard shall include a yacht Boatyard, pontoon, mooring or any other facility for launching, navigating, mooring or berthing a vessel. Premises means all the land, adjacent water and buildings occupied by or under the control of the Company, including docks, slipways, pontoons, jetties, quays, piers, mud berths, sheds, lofts, workshops, hardstanding, roadways and carparks. Owner shall mean the person or Company named on the front of this Licence, any charterer, master, agent or other person for the time being in charge of the Vessel, excluding the Company. Vessel shall include any form of craft, boat, ship, yacht, dinghy, multi hull, or other marine structure, which is in the care and control of the Owner. Vessels laid by, neglected as unfit for sea service, abandoned or a hazard to navigation are states that shall be determined by the Company or an independent expert surveyor in the event of dispute. Length Overall (LOA) means the overall length of the space occupied by the Vessel including any fore and aft projections, temporary or permanent. Mooring or Berth means the space on water or land from time to time allocated to the Owner by the Company for the Vessel during the term of this Licence. Storage Ashore Accommodation means the land space temporarily allocated to the owner from time to time by the Company for the storage ashore of the Vessel during the term of the Licence. Pontoon means a moored and decked floating structure providing landing or mooring facilities.  Licence shall mean the Licence signed by the parties including these Standard Terms and Conditions. Regulations mean those regulations (if any) made by the Company as the same may be amended from time in accordance with clause 15, which the Company in its absolute discretion, considers necessary to enable the Company or those using the Premises to comply with applicable legal requirements or for the safety or security or good management of the Boatyard or Premises.
  1. 2.                      THE LICENCE
  2.1.                   The Berth at the Boatyard or Premises shall be licensed for the period and at the rates of charge from time to time published by the Company at its premises and in force at the commencement of the licence. Details of charges applicable to the berth at the beginning of the licence will be given to each licensee at the time the licence is granted.    2.2.                   This Licence shall be automatically renewed and will only end if terminated by the Company or by the Owner under the provisions of this agreement.
  1. 3.                      LIABILITY, INDEMNITY AND INSURANCE
  3.1.                   The Company shall not be liable for any loss or damage caused by events or circumstances beyond its reasonable control (such as severe weather conditions, the actions of third parties not employed by it or any defect in a customer’s or third party’s property); this extends to loss or damage to Vessels, gear, equipment or other property left with it for work or storage, and harm to persons entering the Premises or the Boatyard and/or using any facilities or equipment.   3.1.1.                The Company shall take reasonable and proportionate steps having regard to the nature and scale of its business to maintain security at the Premises, and to maintain the facilities and equipment at the Premises and in the Boatyard in reasonably good working order. However unless the Company is instructed by the Owner to undertake specific work on a vessel, the Company shall not be liable for loss or damage howsoever arising.  In no circumstances does the Company act as a Bailee. Vessels, gear, equipment and other property are left with the Company at the Owner’s own risk and Owners should ensure that their own personal and property insurance adequately covers such risks.   3.1.2.                The Company shall not be under any duty to salvage or preserve an Owner’s Vessel or other property from the consequences of any defect   3.1.3.                in the Vessel or property concerned unless it shall have been expressly engaged to do so by the Owner on commercial terms. Similarly, the Company shall not be under any duty to salvage or preserve an Owner’s Vessel or other property from the consequences of an accident which has not been caused by the Company’s negligence of some other breach of duty on its part. However, the Company reserves the right to do so in any appropriate circumstances, particularly where a risk is posed to the safety of people, property or the environment. Where it does so it shall be entitled to charge the Owner concerned on a normal commercial charging basis and, where appropriate, to claim a salvage reward.   3.1.4.                Owners may themselves be liable for any loss or damage caused by them, their crew or their Vessels and they shall be obliged to maintain adequate insurance including third party liability cover for not less than £3,000,000 (£2,000.000 with the agreement of the Company), and cover against wreck removal and salvage, and, where appropriate, Employers’ Liability cover to at least the statutory minimum. The Owner shall be obliged to produce evidence to the Company of such insurance within 7 days of a request to do so.   3.1.5.                In circumstances where an Owners vessel is laid by or neglected as unfit for sea service abandoned or a hazard to navigation, the Owner agrees to indemnify the Company in respect of all cost of disposal by whichever means are necessary in the circumstances. For the purpose of this agreement vessels abandoned or neglected or vessels unfit for sea or a hazard to navigation shall not be permitted on the Company’s premises or moorings and will be considered a breach of the Company’s terms. The Company reserves the right to sell, remove or dispose of the vessel as the Company sees fit. In the event of sale, the Company shall pay to the Owner any residual sums following payment of all charges and costs associated with the breach of the terms, sale, removal or disposal.   3.1.6.                Vessels laid by or neglected as unfit for sea service abandoned or a hazard to navigation are states that shall be determined by the Company or an independent expert surveyor in the event of dispute.  Vessels shall only be deemed neglected as unfit for sea service abandoned or a hazard to navigation  once the Company has made best efforts to contact the Owner or related party and agree remedy, removal or disposal. Upon the elapse of 9 months between first attempted contact and no agreement having been reached the Owners agrees that the Company may, Dispose of the vessel in accordance with Clauses 8, 10 and any other relevant terms.   3.1.7.                The Owner shall, and shall procure that his crew, members of his family comply with all applicable laws when using the Company’s Boatyard and Premises.
  1. 4.                      CHANGE OF DETAILS
  4.1.                   The Owner must supply to the Company in writing, details of the Owner’s home address. This address must be a different address to the address of the Boatyard. The Owner shall be obliged to produce evidence to the Company of such home address within 7 days of a request to do so.   4.2.                   The Owner must notify the Company in writing of the details of any change of names of the Vessel or change of address, telephone number or email of the Owner.   4.3.                   Within 7 days of any sale, transfer or mortgage of any vessel which is subject to a current licence granted to the Owner by the Company subject to these conditions the Owner shall notify WQB of the name and address of the Purchaser, Transferee or Mortgagee, as the case may be.
  1. 5.                      MOORING ALLOCATION
  5.1.                   The physical layout of every Boatyard and Premises and the varying needs and obligations of the Company and its customers requires that the Company retains absolute control of Mooring and Berth allocation within the Boatyard and Premises. Accordingly, the Owner shall not be entitled to the exclusive use of any particular Berth but shall use such Berth as is from time to time allocated to him by the Company.  
  1. 6.                      PERSONAL NATURE OF THE LICENCE
  6.1.                   This Licence is personal to the Owner and relates to the Vessel described in the Licence. It may not be transferred or assigned to a new Owner or to a different Vessel, either temporarily or permanently, without the express written consent of the Company and;   6.2.                   Note also the terms of Clause 4 above.
  1. 7.                      USE OF MOORING OR BERTH BY COMPANY WHEN VACANT.
  7.1.                   The Company may have the use of the Mooring or Berth whilst it is left vacant by the Owner.        7.2.                   The Owner shall not lend or transfer the berth (this licence being personal to the Owner relating to a particular vessel and is non-assignable) nor shall he use the berth for any other vessel without the consent of the Company.  If the vessel will be away from the harbour and premises for 28 days or more and, there being no other vacant berth, the Company may re-licence, on a continuous basis for a period or periods of not less than 28 days each, the berth normally occupied by the Owner’s vessel, in which case the Company shall set-off one-third of the licence income received for each such period against the Owner’s account.  
  1. 8.                      TERMINATION BY COMPANY
  8.1.                   The Company shall have the right (without prejudice to any other rights in respect of breaches of the terms of this Licence by the Owner) to terminate this Licence in the following manner in the event of any breach by the Owner of this Licence;   8.1.1.                Having regard to the nature and seriousness of the breach and the risk it poses for the financial or other security of the Company and/or of the Company’s customers and if the breach is capable of remedy, the Company may serve notice on the Owner specifying the breach and requiring him to remedy the breach within a reasonable time specified by the Company. Where the breach is serious or poses an immediate risk or threat to the health, safety or welfare of any other person or property the time specified for remedy may be immediate or extremely short. If the Owner fails to affect the remedy within that time, or if the breach is not capable of remedy, the Company may serve notice on the Owner requiring him to remove the Vessel from the Boatyard or Premises immediately. The Company will within its sole discretion refund to the owner any unexpired period of Licence.   8.1.2.                If the Owner fails to remove the Vessel on termination of this Licence whether under this Condition or otherwise), the Company shall be entitled:             To charge the Owner at the Company’s 24-hour rate for overnight visitors for each day between termination of this Licence and the actual date of removal of the Vessel from the Boatyard and Premises; and/or             At the Owner's risk (save in respect of loss or damage directly caused by the Company's negligence or other breach of duty during such removal) to remove the Vessel from the Boatyard and Premises and thereupon secure it elsewhere and charge the Owner with all costs reasonably arising out of such removal including alternative berthing fees.   8.1.3.                Any notice of termination under this Licence shall, in the case of the Owner, be served personally on the Owner or sent by registered post or recorded delivery service to the Owner‘s last known address and in the case of the Company shall be served at its principal place of business or registered office.   8.2.                   In the event of circumstances giving rise to a Force Majeure the Company shall have the right by notice in writing to the Owner to terminate this Licence if at any time.    8.2.1.                In this Clause force majeure means any event or circumstance (whether arising from natural causes, human agency or otherwise) beyond the control of the Company including (insofar as beyond such control but without prejudice to the generality of the foregoing expression) weather conditions, riots, civil commotion, aircraft, fire, breakdown, war, famine, pandemic or Government measure such as to as to render it likely that the Company will be unable to continue to provide a berth, mooring, storage ashore or other service or other accommodation in accordance with the Licence entered into between the Company and the Owner.   8.2.2.                In the event of such termination the Company shall refund to the Owner the unexpired portion of the Licence fee (disregarding any discount given). 
  1. 9.                      GUARANTEE
  9.1.1.                Where work on the Owner’s vessel is undertaken the Company guarantees that, for a period of twelve (12) months from completion of the Work (the “Warranty Period”), the Work will be free of defects in material and workmanship and in conformity with the agreed specification. The Owner shall give notice in writing to the Company of any defects in material or workmanship which may become apparent and shall provide the Company with sufficient evidence so as to establish the nature and extent of the Defective Work. This guarantee applies only to the Owner: a person who is not a Party to these Terms of Business shall not have any rights to enforce these Terms of Business.   9.1.2.                On notification by the Owner of the Defective Work, The Company will be given a reasonable opportunity to inspect the Defective Work and if it is the Company’s responsibility, the Company shall repair or re-perform, in whole or in part, at its discretion, the Defective Work. Delivery of repairs or re-performance under this guarantee will be made in accordance with these Terms of Business. The Owner shall, immediately after the discovery of any Defective Work, take all appropriate steps to mitigate any loss or damage and to prevent any Defective Work becoming more serious.   9.1.3.                The Company shall not be liable for any Defective Work if the defect arose as a result of: (a) the Owner’s failure to follow the Company’s oral or written instructions; (b) the Company following any drawing, design or specifications supplied by the Owner; (c) fair wear and tear, wilful damage, negligence or abnormal working conditions; and/or (d) changes made to ensure compliance with applicable statutory or regulatory standards.   9.1.4.                Any remedial work which is put in hand by the Owner directly without first notifying the Company and allowing the Company a reasonable opportunity to inspect the Defective Work shall invalidate the guarantee.   9.1.5.                Where the Owner is not a Consumer: these Terms of Business do not contain any express or implied term as to quality or fitness for any particular purpose or the quality of work to the extent permitted by law.    
  1. 10.                    RIGHTS OF SALE AND OF DETENTION
  10.1.                 Where the Company accepts a Vessel onto the Companies premises or moorings or accepts, gear, equipment or other goods for repair, refit, maintenance or storage the Company does so subject to the provisions of the Torts (Interference with Goods) Act 1977. This Act confers a Right of Sale on the Company in circumstances where a customer fails to collect or accept re-delivery of the goods (which includes any Vessels laid by or neglected as unfit for sea service, abandoned vessels or vessels that pose a hazard to navigation or any Vessel and/or any other property). Such sale will not take place until the Company has given notice to the customer in accordance with the Act. For the purpose of the Act it is recorded that:   10.1.1.              Goods for repair or other treatment are accepted by the Company 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.   10.1.2.              Any obligation upon the Company as custodian of goods accepted for storage ends on its notice to the customer of termination of that obligation;   10.1.3.              The place for delivery and collection of goods shall be at the Company’s Premises unless agreed otherwise. Advice regarding the Act may be obtained from the Citizens Advice Bureau, Law Centre or any firm of Solicitors   10.2.                 Maritime Law entitles the Company in certain other circumstances to bring action against a Vessel to recover debt or damages. Such action may involve the arrest of the Vessel through the Courts and its eventual sale by the Court. Sale of a Vessel may also occur through the ordinary enforcement of a judgment debt against the Owner of a Vessel or other property.   10.3.                 To the extent permitted by law, the Owner hereby grants to the Company a lien and a continuing security interest, and, where applicable, a maritime lien (“a general lien”) to detain and hold onto the Owner’s Vessel or other property pending payment by the Owner of any sums due to the Company. If the Licence is terminated or expires while the Company is exercising this right of detention it shall be entitled to charge the Owner at the Company’s 24 hour rate for overnight visitors for each day between termination or expiry of this Licence and the actual date of payment (or provision of security) by the Owner and removal of the Vessel from the Boatyard and Premises. The Owner shall at any time be entitled to remove the Vessel or other property upon providing proper security, for example a letter of guarantee from a Bank or a cash deposit, sufficient to cover the debt with interest and, where the debt is contested, a reasonable provision for the Company’s prospective legal costs. 
  1. 11.                    TERMINATION BY OWNER
  11.1.                 Terms of mooring Licence will renew automatically granting the Owner a further licence of the same original term unless the agreement is terminated by the Company.  An annual or six month Licence may be terminated on 28 days written notice by the Owner to the Company.   11.2.                 Should the owner fail to notify the Company of intended Termination within 30 days of the expiry of the initial automatically renewable term the Company retains the right (at its sole discretion) to charge the Owners for renewal of the term at either 6 or 12 months dependent upon the original Licence term.   11.3.                 Following Owners notice to terminate, the Company shall prepare and account of:    11.3.1.              All sums owed by the Owner in respect of services or facilities used up to the intended date of departure of the Vessel, and   11.3.2.              The Charge that would have been payable by the Owner to the Company in respect of this Licence if the original term of this Licence had ended on the date of expiry of the Notice of termination., Less    11.3.3.              The sum actually paid by the owner to the Company in respect of the Licence. Where the balance is in favour of the Company, the Owner shall be required to pay the balance before removal of the Vessel from the Boatyard or Premises. If there is a balance in favour of the Owner the Company shall pay it to the Owner upon the Vessel’s departure of the Vessel from the Boatyard or Premises 11.4.                 Mooring Contracts for periods of less than 6 months are non- refundable.   
  1. 12.                    VESSEL MOVEMENTS
  12.1.                 The Company reserves the right to move any Vessel, gear, equipment or other goods at any time for reasons of safety, security or good management of the Boatyard and premises.   12.2.                 Where such boarding, movement or access to the vessel is required to preserve the safety of the vessel, persons or other property, the Company accept no responsibility for loss or damage to the vessel.   12.3.                 In the event that such boarding, movement or access is required as a result of the Owner’s negligence the cost of such mooring, re-berthing, movement, boarding, entering or emergency work arises shall be paid by the Owner.   12.4.                 The Owner shall deposit a set of keys to the vessel to enable WQB to enter the vessel and to start the engine and to move the vessel as required.   12.5.                 Vessels stored at seasonal rates ashore or in mud berths will be launched or put afloat as near the end of the seasonal period as in the Company’s opinion tide, weather conditions and available facilities permit and in such sequence as to avoid moving other vessels for this purpose and also so as to make the most economical use of the facilities at the Company’s disposal. At the Owner’s request the Company will, if possible, launch the Owner’s 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.    12.6.                 Vessels shall be berthed or moored by the Owner in such a manner and position as the Company may require and unless otherwise agreed adequate warps and fenders for the Vessel shall be provided by the Owner.   12.7.                 No vessel, when entering or leaving or manoeuvring in the Boatyard, shall be navigated at such a speed or in such a manner as to endanger or inconvenience other vessels in the Boatyard. Advisory note: Owners, their guests and crew are advised that Vessels are at all times subject to any speed restrictions and byelaws applicable to the Boatyard and navigation authorities and the requirements and powers of regulatory authorities, including but not limited to the Maritime and Coastguard Agency and The Health and Safety Executive; there may be criminal penalties for the breach of such restrictions, requirements and Byelaws.
  1. 13.                    COMMERCIAL USAGE
  13.1.                 No part of the Company's Boatyard or Premises or any Vessel or vehicle while situated therein or thereon shall be used by the Owner for any commercial purpose, except where the Owner has sought and obtained prior written Licence from the Company. Where the Licence is granted to a commercial operator whose Vessel is operated for hire or reward in the course of trading, special conditions will apply to this licence.   
  1. 14.                    HARDSTANDING AND STORAGE
  14.1.                 Owners of Fin keeled vessels must supply a cradle for their craft unless prior arrangement with the Company has been made.   14.2.                 Where vessels are stored ashore in the Owners Cradle, the Company reserve the right to refuse the use of cradles that the Company deem (in their sole discretion) to be unsafe or unfit. The Company also reserve the right to request that a vessels mast be unstepped for the duration of the vessel stay ashore on the grounds of safety. The Company shall in no way bear any liability for exercise of such right or failure to exercise such right.   14.3.                 Prior to launching the Owner shall ensure that the vessel is prepared and ready for launch and shall further ensure that the vessel is checked for integrity and safety as soon as it is put afloat (unless the Owners has arranged for such a service with the Company).   14.4.                 At the time of launching or lifting  the Owner is responsible for ensuring that all rigging is secure and safe unless the Owner specifically instructs the Company to undertake such work, in which case, specific instructions must be given in good time, and work will be charged at the current hourly rate.   14.5.                 Unstepping the mast does not include the removal of sails, furling gear, covers, burgees, ECT or unseizing of rigging screws. This will be charged at the current hourly rate.   14.6.                 The boatyard reserves the right to charge an hourly rate for the handling of Fin Keeled and catamarans if they prove difficult to handle.   14.7.                 Dinghies, tenders and rafts shall be stowed aboard the vessel or in the dinghy racks provided on the premises.     14.7.1.              The storage of one dinghy, tender or raft for each vessel is permitted in the dinghy racks provided.    14.7.2.              The Owner shall ensure that all dinghies, tenders, rafts, oars, outboards, trailers, trolleys, cradles, legs and other gear belonging to the Owner and stored on Company premises be clearly identified by the name of the vessel or the name of the Owner.    14.7.3.              No items of boats, gear, fittings or equipment, supplies, stores or the like shall be left upon the pontoons, jetties or car parks.   14.7.4.              Trailers, cradles, legs and launching trolleys used to store vessels on the Company premises shall be removed by the owner within 7 days of the vessel being launched. 14.8.                 Where electricity is provided no guarantee is given by the Company for the continuous supply of electricity and other services within the Company’s Boatyard. The Owner is responsible for the consequences of a discontinued electricity supply and shall take all necessary precautions assuming that a continuous supply of electricity is not maintained. Mains electricity is only available to boats with a properly equipped and protected ring-main installation. The Owner shall observe all statutory and local regulations relative to electricity in or upon the Vessel.   14.9.                 While ashore, the Owner shall not leave any electric fan or incandescent heater in operation aboard the Vessel while the Vessel is unoccupied.    14.10.               The Company reserves the right to disconnect or discontinue the supply to the Owners vessel in the case of overloading, persistent earth tripping, or for fault finding purposes. The Company reserves the right to charge to the Owner the costs of any repairs or replacements to the boatyard electrical system necessitated to any damage caused by the Owner or their vessel whether accidental or otherwise.    14.11.               The Owner undertakes to pay the Company for all electricity consumed at the Company’s premises whether supplied by meter, metered lead, pre-payment flat-rate charge at the price published from time to time by the Company.   14.12.               The Company reserves the right to disconnect the Owner’s vessel should any account for the supply of electricity remain unpaid after 28 days or in the event that the Owner does not comply with the terms of conditions above. 
  1. 15.                    PARKING
  15.1.                 Owners and their crew are required to park their motor vehicles in such a position and in such manner as shall from time to time be directed by the Company.   15.2.                 The parking of the Owner's vehicle on WQB premises is permitted for up to two weeks and entirely at the discretion of the Company and is, in any case, restricted to one vehicle only.  All vehicles are parked at the Owners own risk and the Company accepts no responsibility for loss or damage.   15.3.                 When leaving a vehicle unattended on Company premises, the Owner must deposit a key at the Company office and inform the Company of the anticipated return date and time. Owners accept that the Company may in certain circumstances need to move the Owners vehicle and in consenting to these terms the Owner gives express permission to the Company to move the Owner’s vehicle in the event of such need.
  1. 16.                    BOATYARD AND PREMISES REGULATIONS
  16.1.                 The Owner shall at all times observe the Company's terms and conditions and in particular:   16.1.1.              The Owner shall provide and maintain at least one fire extinguisher, which is approved and manufactured to EN3 standards for portable fire extinguishers, and ensure it is fit for purpose for the vessel and ready for immediate use in case of fire.   16.1.2.              Under no circumstances shall vessels ashore be used for permanent residential purposes.   16.2.                 The Company shall supply the Owner upon request with a copy of the Terms and Conditions current at the time of the Licence. The Company reserves the right to introduce new Terms and Conditions on grounds of legal requirement or for the safety or security or good management of the Boatyard or Premises and to amend such Terms and Conditions as from time to time shall be necessary. Such Terms and Conditions and any amendments to them shall become effective on being displayed on the Company's public notice board/ website or other prominent place at the Company's Premises, and the Company shall have the same rights against the Owner for a breach of the terms and conditions as for a breach of the terms of this Licence. Advisory note: Owners, their guests and crew are advised that their conduct and that of their vessels is likely to be regulated and governed at various times by statutory, local authority and Boatyard regulations which may be more extensive than those of the Company and the breach of which may result in criminal penalties.  
  1. 17.                    ACCESS TO PREMISES/WORK ON THE VESSEL
  17.1.                 Subject to Clause 16.2 no work shall be done on the Vessel, gear, equipment or other goods while on the Premises without the Company’s 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 nuisance, or annoyance to any other customer or person residing in the vicinity, nor interfering with the Company’s schedule of work, nor involving access to prohibited areas.   17.2.                 Prior written consent will not be unreasonably withheld where:   17.2.1.              The work is of a type for which the Company would normally employ a specialist sub-contractor; or   17.2.2.              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.   17.2.3.              Notwithstanding the foregoing, during periods of work by the Company on the vessel, neither the Owner nor his invitees shall have access to the Vessel without the Company’s prior consent, which shall not be unreasonably withheld.
  1. 18.                    CONTRACTORS 
  18.1.                 The Licensee shall not permit any outside surveyor, broker, agent, contractor, tradesman or workman to enter the premises or moorings of the Company for any purposes whatsoever without obtaining the prior written consent of the Company. If such consent is granted such surveyor, broker, agent, contractor, tradesman or workman must report to the Boatyard Office with proof of public liability insurance and professional indemnity insurance prior to any work being carried out and on a daily basis thereafter until the work has been completed.   
  1. 19.                    PRICES AND ESTIMATES
  19.1.                 Prices and charges for mooring, hard standing, lifting, slipping, stepping and unstepping of masts and all other work shall be published within the Company’s list of charges and may be amended from time to time. The Company will give notice of any changes in charges by display on the Company’s notice board, the Company website, other prominent place or by direct correspondence with the Owner.   19.2.                 In the absence of express agreement to the contrary our price for work undertaken shall be based on labour and materials expended and services provided.   19.3.                 The Company will exercise reasonable skill and judgement when giving an estimate or indication of Price. However, estimates are always subject to the accuracy of information provided by the Owner, are often based on a superficial examination and do not include the cost of any emergent work which may be necessary nor the cost of any extensions to the Work.    
  1. 20.                    PAYMENT FOR SERVICES
  20.1.                 Unless otherwise agreed between the Parties in writing, payment for all storage of any type and/or work provided shall be due in accordance with any date for payment on the Company’s invoice. Payment shall be deemed to have been made when received by Blackness Marine in cash or cleared funds at the Company’s nominated bank account. 20.2.                 If the Owner fails to make any payment due to the Company by the due date for payment, The Company reserves the right to charge interest on the overdue amount at the rate of four percent (4%per annum) above Bank of England base rate from time to time (where the Owner is not a consumer interest will be charged at a rate of 8%per annum above Bank of England base rate). Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, such interest accruing at the standard rate (not compounded) whether before or after Judgment.   20.3.                 The Owner shall pay all amounts due under these Terms of Business in full without any set-off, counterclaim, deduction or withholding except as required or permitted by law.  The Company may, without limiting its other rights or remedies, set off any amount owing to it by the Owner against any amount payable by the Company to the Owner.   20.4.                 To the extent permitted by law, the Owner hereby grants to the Company a lien and a continuing security interest, and, where applicable, a maritime lien as noted within these terms above.
  1. 21.                    HEALTH, SAFETY AND THE ENVIRONMENT
21.1.                 Attention is drawn to the Company's relevant Health, Safety and Environmental policy, as amended from time to time. The Company shall display relevant Health, Safety and Environmental policy on the Company’s website or be made available on request. The Owner, his regular crew, members of his family and/or any person or Company carrying out work on the Vessel, with the permission of the Company, must comply with the Company’s Health, Safety and Environmental Policy.   21.2.                 The Owner, his crew, members of his family and any person carrying out work on the Vessel is responsible for reporting to the Company all accidents involving injury to any person or damage to any public or private property that occur in the Boatyard or on the Premises as soon as possible after they occur.   21.3.                 No noisy, noxious or objectionable engines, radio, or other apparatus or machinery shall be operated within the Boatyard or Premises so as to cause any nuisance or annoyance to any other users of the Boatyard or Premises or to any person residing in the vicinity and the Owner undertakes for himself, his guests and all using the Vessel that they shall not behave in such a way as to cause any nuisance or annoyance to any other users of the Boatyard or Premises or to any person residing in the vicinity . Halyards and other rigging shall be secured so as not to cause such nuisance or annoyance.   21.4.                 No refuse shall be thrown overboard or left on the pontoons, within the Boatyard, car parks or on any other part of the Premises or disposed of in any way other than in the receptacles provided by the Company or by removal from the Company's Boatyard and Premises. The Company’s further directions regarding waste management shall be posted on the Company’s Public Notice Board or other prominent place and copies will be available from the Company on request.   21.5.                 The Owner may not use any part of the Company’s premises for the purpose of lighting BBQs with the exception where available of specific BBQ areas designated at the Company’s discretion. BBQs must not be lit on pontoons.    21.6.                 The Owner shall, and shall procure that his crew, members of his family comply with all applicable laws when using the Company’s Boatyard and Premises.
  1. 22.                    SAFETY OF MOORING 
  22.1.                 All vessels must be moored using good quality rope, supplies and maintained by the owner.   22.2.                 Any warps, fenders or other mooring devices which in the opinion of the Company prejudice the safety of the Vessel in or upon the Boatyard may be replaced by the Company and charged to the account of the Licensee. Under no circumstance shall the Company assume liability for any exercise of discretion or failure to exercise discretion to replace change or otherwise secure an Owner’s vessel.
  1. 23.                    MISCELLANIOUS
  23.1.                 Disorder, depredation or indecorous conduct by a Licensee or his guest or visitors shall be cause for cancellation of mooring contract.    23.2.                 No private or trade advertising (signs, notices etc.) is permitted on the Company’s boatyard or premises unless with previous written consent of the Company, which may be withheld at its sole discretion. No Owner will be permitted to display a ‘For Sale’ notice on any vessel.    23.3.                 The Owner agrees and acknowledges that from time to time the Company may be required to give the owner’s details to certain statutory third parties (such as but not restricted to navigation authorities) however the Company undertakes not to give the Owner’s details out to any other third party (except where obliged by law to do so).    23.4.                 The Owner agrees that the Company may from time to time send the Owner newsletters and / or mailings relating to the normal business of the boatyard or its tenants (such purpose restricted to matters concerning the Owners vessel or normal boatyard business).    23.5.                 The Company will not be liable for delays or failures to perform its duties under this agreement if these are the consequence of causes or circumstances beyond its reasonable control (including but not limited to acts of God, war, riot, civil disturbance, terrorism, acts of government, strikes, fire, flood, power failure or communications failure). 
  1. 24.                    LAW AND JURISDICTION
  24.1.                 This Licence and any non-contractual obligations arising out of, or in connection with, this Licence shall be governed by and construed in accordance with English law and jurisdiction.
  1. 25.                    DISPUTE RESOLUTION
  25.1.                 The BMF and the RYA recommend that disputes arising out of or in connection with this Licence, when they cannot be resolved by negotiation, be submitted with the written agreement of the parties, to mediation or be determined by a jointly appointed expert surveyor, the fees of such surveyor or mediator being met jointly by the parties.  
  1. 26.                    SIGNED AGREEMENTS
  26.1.                 All Owners will be sent this Licence and Terms of Business and any Special Conditions (if any) that may apply. The Company do ask for contracts to be signed and returned. However, the Company consider that an Owners Vessel being on either a mooring or the premise and any payments made, constitute agreement to this Licence and Terms of Business and any Special Conditions that may apply.