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Terms and Conditions of Business

Mooring Contract Terms

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Willowbridge Marina Terms and Conditions of Business
Subject to which all yard work is undertaken & facilities are provided
1) Willowbridge Marina (hereinafter referred to as WM) and our staff accept no responsibility for loss, damage or delay arising from any cause whatsoever, unless such loss, damage or delay was caused by, or resulted from indisputable negligence of WM or any person for whom WM is or was directly responsible. This does not encompass freelance sub-contractors unless they are under the total direction of WM. Despite this exception, all vessels and gear are repaired, worked on, moved, craned, side-slipped, stored, managed and kept at the sole risk of the Owner or owners (who must be an individual, or individuals, not a company), or the individual who WM considers or recognises as the Owner. Customers must therefore ensure that their vessel, property, family, crew and or visitors are fully insured against all risks, including third party risks, the latter as they may be liable for any damage caused by their vessel, family, crew or visitors whilst on or about the property of WM.

2) Subject to express agreement to the contrary, any time or date indicated or quoted is given in good faith and is not guaranteed, nor can any consequential liability resulting from an inability to meet an indicated or quoted time or date be accepted or entertained, Notwithstanding this clause all reasonable efforts will be made to comply with completion promises, bearing in mind all the relevant circumstances and factors relevant and pertaining to the particular case.

3) When and where WM deems it necessary, WM reserves the right to move a vessel and or its gear, to refasten and or replace a vessel's mooring lines, clean & tidy a vessel and or its surrounds & to carry out emergency repairs and to charge the Owner for the labour, materials and services incurred.

4) All persons using any part of WM's premises and or facilities, for whatever purpose and whether by invitation or otherwise, do so at their own risk and no claim for any damage to property and or personal injury will be considered or entertained, unless as a result of wilful negligence by or on behalf of WM.

5) The permission of WM must he obtained prior to an Owner or his agent, engaging and or employing any contractor, sub-contractor, firms and or persons, other than the Owner and his immediate family, to carry out work on any vessel and or its gear, ashore or afloat at or on our premises. This permission will not be unreasonably withheld as long as WM consider the person, persons and or firm is competent and they are fully insured to cover all and any claims resulting from their employment. WM will not accept any claim for damage, injury or negligence caused by such employment. Furthermore WM reserves the right to claim for any resultant damage and or injury, whether resulting from negligence and or a wilful act as a consequence of the Owner employing such assistance.

6) Moorings Afloat & Hardstanding Ashore:
a) A Mooring Contract is between Willowbridge Marina and an individual or individuals (and not a company) and is not transferable, even if a craft is sold or passed on to another owner. No craft, whether under contract or not, may be sold from the premises, without the written permission of Willowbridge Marina. Even where permission is granted, any such sale, where not transacted through the offices of our Brokerage service, will be subject to a minimum fee of 4% of the inclusive sale price

b) No refund of the Mooring invoice is allowed for any absence or vacation of a mooring, for whatever reason.

c) A Mooring Deposit may only be refunded if a minimum of two clear months is given prior to the end of any particular Contract period.

d) Owners of craft that are Bank stored or moored afloat and subject to a contract must give two full calendar months notice of their intentions in respect of the craft prior to the end of the contract term. Failure to so do will, if the Owner subsequently decides to remove the craft, result in the Owner being liable to make payment of a minimum of ten weeks moorings charges calculated at the Temporary Mooring fees.

e) Any unpaid mooring accounts will be calculated at the appropriate Temporary Rate charges.

f) Should it be deemed necessary to refasten or replace a craft's mooring lines, to clean, tidy or temporarily repair a craft or its immediate surrounds, then all the time and materials incurred will he charged to the Owner at the current rates.

g) A Contract Mooring entitles a client to make free, if economical use of the yard's car parking (a maximum of one vehicle per craft allowed), domestic rubbish and recycling bins, washroom, toilets & showers, chemical toilet disposal station and supplies. All electrical supplies are 'pay as you go'.

h) Any craft moored or stored at our premises must be insured for its full market value, which insurance must include cover for all and any work an owner might conceivably request the yard to carry out on his or her behalf. All craft afloat must have a current Canal & River Trust Licence.

7) Unpaid Accounts, Sales Orders, Invoices & Accounts are payable on demand. Failure to so do will entitle WM to double the sum due. In the case of Moorings, the Temporary Rate charges will apply. WM reserve the right to exercise a general lien upon a vessel and or its gear and equipment whilst in or upon WM?s premises and or afloat at our moorings, until such time as all the monies due shall be paid in full.

8) Acceptance by WM of any goods (including vessels, their equipment and gear, and engines) for mooring, storage, repair and or yard work, is subject to the provisions of the Torts (Interference with Goods) Act 1977, which confers on WM as bailees, a right of sale exercisable in certain Circumstances, such as unpaid Accounts, fees and invoices in respect of Mooring, Hardstanding and yard work charges, and 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 hereby recorded that :-
a) goods (including vessels, their equipment and gear, and engines) for mooring, storage, repair and or yard work, are accepted by WM on the understanding that the customer is the Owner who agrees absolutely to meet our relevant Terms Of Business in respect of payment

b) that our obligation as custodian of goods (including vessels, their equipment and gear, and engines) for mooring, storage, repair and or yard work, ends upon the expiry of the lawful termination of the grant to the Owner of the relevant facilities and

c) the place for delivery and collection of all goods shall be at our premises, unless agreed otherwise.

9) Nothing in these Terms affects the statutory rights of any customer who contracts with us as a consumer. Should a customer consider that WM might be liable under a guarantee claim, the matter must be referred to WM to allow WM the right to deliberate the matter and come to a decision. No claim or liability for remedial attention will be considered where the customer has either failed to notify WM or the customer places the work in the hands of another party.

10) Where WM supplies goods or services to a customer in the course of his or her business, then a) No goods or services shall carry any express or implied term as to its quality or its 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 or she is relying on the skill and judgement of WM. b) no proprietary article specified by name, size or type shall carry any such express or implied term but WM will assign to the customer any rights WM may have against the manufacturer, supplier or importer of that article and c) in any event, WM does not accept liability for any consequential damage and or liability beyond replacement of any proven faulty or unsuitable article supplied by WM.

11) Notices to a customer shall he deemed to have been sufficiently served if sent by first class post to the customer's last known address.
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