Terms and Conditions
Ashwood Marina Ltd Terms and Conditions
Subject to which all work is undertaken and facilities are provided
1. All vessels and gear are repaired, worked on, moved, stored and otherwise managed and kept at the sole risk of the Owner and we and our employees accept no responsibility for loss, damage or delay occurring from any cause whatsoever, unless the Owner establishes that such loss, damage, or delay was caused by, or resulted from, our negligence or that of those for whom we are responsible. Customers should therefore ensure that their vessels
and/or property are adequately insured against all risks; they also should ensure that they themselves are adequately insured against third party risks as they may be liable for damage caused by their vessels, themselves or their crew whilst on or about the premises.
2. Any time given 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 for the consequences of any such delay unless it arises from our wilful acts or omissions or from our negligence.
3. No article/service sold by us for resale shall carry any warranty or condition of sale, expressed or implied, as to quality or 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 judgement. No proprietary article ordered by name, type and /or size by a customer and sold by us for resale, shall carry any warranty
or condition of sale as aforesaid, save that of the manufacturer where applicable. In no event do we accept liability for consequential damage beyond replacement of any faulty or unsuitable article supplied.
4. In the interests of safety and expediency we reserve the right to move any vessel and/or gear at our discretion.
5. Mooring and storage charges will be reviewed annually and increases will take effect from 1st April.
6. All persons using any part of our premises and/or facilities for whatever purpose and whether by invitation or otherwise do so at their own risk. We shall not by under any duty to salvage or preserve a customer’s vessel or other property from the consequences of any defect in the vessel or property concerned unless we have been expressly engaged to do so by the customer on commercial terms. Similarly we shall not be under any duty to salvage or preserve a customer’s vessel or other property from the consequences of an accident which has not been caused by our negligence or some other
breach of duty on our part. However, we reserve 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 we do so we shall be entitled to charge the customer concerned on a normal commercial basis.
7. Our permission must be obtained for the employment of any contractor and/or persons, other than the permanent crew of the Owner, to undertake work on any vessel and/or gear on our premises or while afloat on any of our moorings. No work or services shall be carried out on a vessel, gear, equipment or other property on our premises without our prior written consent except for minor running repairs or minor maintenance of a routine nature by the customer or his regular crew. It shall be an absolute condition that all work is carried out in full compliance with our Health and Safety, environmental and access policies and that it does not cause any nuisance or annoyance to us, any other customer or person residing in the vicinity and does not interfere with our schedule of work or the good management of our business. We shall not be responsible to customer or third parties for the consequences of any person’s failure to respect any part of this condition but we shall be entitled to demand the immediate cessation of any work
which in our view breaks these requirements.
8. In all cases where a contract of hire of licence to occupy any moorings, berth, storage space, property or facilities may be lawfully terminated by notice; the same shall be deemed to be lawfully served, if served personally or sent by registered post or recorded delivery service, to the last known address in the United Kingdom of the Hirer or Licensee.
9. Moorings are at all times subject to Ashwood Marina Rules and Regulations.
10. 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 levels as those prevailing at the time of the quotation and, the quoted price shall be increased or decreased by the amount by which the actual cost of labour and materials have increased or decreased by reason of variation of the aforesaid levels since the date of the quotation. Any increase shall
also include overhead expenses based on the rates ruling at the date of quotation as applied to the increased labour. We will exercise reasonable skill and judgement when we give an estimate or indication of price. However such estimates are always subject to the accuracy of information provided
by the customer and are usually based only on a superficial examination and will not include the cost of any emergent work which may be necessary to the vessel, gear or equipment nor the cost of any extensions to the work comprised in the estimate.
11. Any quotation is subject to acceptance within seven days from the date thereof.
12. In the absence of any written agreement or arrangement to the contrary, delivery is given at our Yard or in the water adjacent thereto.
13. Quotations cover only the work and/or items specified thereon and all additions, alterations, waiting time and any 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 defect in a vessel and/or its gear that in our opinion should be rectified without delay, and before the Owner’s consent can reasonably 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.
We may subcontract all or part of the work entrusted to us by the customer, on terms that any such subcontractor shall have the protection and benefit of all rights and conditions, and of all limitations and exclusions of liability, which exist for us under these Terms of Business. Where we exercise this right we shall remain responsible to the customer for the performance of our subcontractor.
14. Unless otherwise agreed between us payment for all work, goods and services shall be due immediately on invoice date. Payment shall be deemed to have been made when we receive cash or cleared funds at our bank. We have the right to charge interest on any sum outstanding for more than 30 days (except in the case of a reasonable and proportionate retention by the customer of any amount genuinely in dispute between us and the customer) on the outstanding balance at 4% above Bank of England base rate which may be calculated daily up to the date of actual payment. In the case of business customers this rate will be substituted with the current rate applicable under late payment legislation.
15. We reserve a general right (“a general lien”) to detain and hold onto a customer’s vessel or other property pending payment by the customer of all sums due to us. We shall be entitled to charge the customer for storage and the provision of any ongoing services at our normal daily rates until payment (or provision of security) by the customer and removal of the vessel or property from our premises. The customer shall be entitled to remove the vessel or other property upon providing proper security, for example a letter of guarantee from a Bank reasonably acceptable to us or lodgement of a cash deposit with a professional third party agent, sufficient to cover the debt with interest and, where the debt is contested, a reasonable provision for our prospective legal costs. This right does not affect the customer’s entitlement to withhold a proportionate part of the price in respect of alleged defects but where that amount is in dispute between us the customer shall be required to provide security for the full amount pending resolution of the dispute.
Title to all goods, equipment and material supplied by us to a customer shall remain with us until full payment has been received by us. Risk in all goods, equipment and materials supplied by us to a customer shall pass to the customer at the time of supply to the customer.
16. We accept vessels, gear, equipment and other property for repair, refit, maintenance or storage subject to the provision of the Torts (Interference with Goods) Act 1977. This 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 any other property). A 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:
16.1. 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;
16.2. Our obligation as custodian of goods accepted for storage ends when we give notice to the customer;
16.3. The place for delivery and collection of goods shall normally be at our premises.
17. If any moorings, storage, or other charges shall remain unpaid for 6 months or more, after notice in writing sent by registered post to the last known address in the United Kingdom of the Owner, we shall have the right to sell any vessel or other property belonging to the Owner and on our premises, retaining any balance of the proceeds of such sales to the account of the Owner for a maximum period of 6 months after which their right to payment
is forfeit. We shall have the right to sell any vessel or other property left on our premises for 6 months or more, after a valid notice to remove the same is sent to such address by registered post or by recorded delivery service.
18. Except where notice is required to be given under Clauses 12, 15 or 16 and except as regards Clause 14, the word “Owner” shall include a Charterer, Master or Authorised Agent.
19. 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.
20. Notice to a customer shall be sufficiently served if personally given to him or if sent by standard post to the customer’s last known address or sent via email. Notices to us should be sent by first class post to our principal trading address or registered office. Alternatively we will accept email providing that we have acknowledged receipt within 24 hours of receiving.
21. Any contract or series of contracts made subject to these terms shall be subject to and
governed by English law.
22. The British Marine (BM) and the Royal Yacht Association (RYA) recommend that disputes under a contract which is subject to these terms shall, when they cannot be resolved by negotiation, with the written agreement of the parties be submitted to mediation or failing that to arbitration under BM’s Dispute Resolution Scheme of which Ashwood Marina Limited are members. Details of the mediation scheme operated by BM are available at
www.britishmarine.co.uk/mediation. Matters suitable for arbitration shall be submitted to a single Arbitrator in accordance with BM’s Dispute Resolution Scheme. The provisions of the Arbitration Act 1996 shall apply.
23. 2 months notice in writing has to be given if anyone wishes to leave Ashwood Marina. You are not allowed to move your vessel or caravan until your account is paid up to date.
24. If a mooring or storage space is reserved and held, then this needs to be paid for 12 months in advance.
25. Each mooring holding is allowed to park up to 2 vehicles at Ashwood Marina, a charge will apply for additional vehicles parked.
26. A car parking charge will also apply for non mooring holders who wish to leave their vehicles parked at Ashwood Marina.
27. All vehicles parked at Ashwood Marina are left entirely at the owner’s risk.
28. All visitors come and use the marina facilities at their own risk and as such, neither the company, its directors or employees take any responsibility for any virus, illness or injury they believe they have incurred as a result of their visit and their usage of the facilities.