Lauren marine terms and conditions
Terms and Conditions
1 Definitions and Interpretation
The following terms have the meanings defined here:
Means Lauren Marine and/ or DCW Boat Repairs Limited
Means any person, firm, company or legal entity who owns or has control of any boat or vehicle in the boatyard or marina.
Means all the land, adjacent water, marina and buildings under the control or occupied by the Company including mud berths, quays, pontoons, workshops, tents, car parks and yard.
Means any boat, vessel, craft of other marine structure.
Means any Agreement (whether in writing or otherwise) made between the Company and an Owner under which the Company permits the Owner to keep a Boat at the Boatyard either afloat or ashore.
2.1 These Terms and Conditions (or any substitution or amendments of them) shall apply at all times to any Licence Agreement. Even if the Owner has not signed the Licence Agreement the Owner shall be deemed to have accepted the terms of the Licence Agreement and these Terms and Conditions by keeping a Boat at the Boatyard.
2.2 The Company expressly reserves the right to replace or vary these Terms and Conditions from
DCW Boat Repairs Limited
Willments Shipyard, Hazel
Road, Woolston, Southampton SO19 7HS
time to time. The Owner will be advised in writing.
2.3 The Company and the Owner expressly agree that it is not the intention of the parties to create any relationship of Landlord and Tenant and that the Licence Agreement is personal to the Owner and may not be assigned or transferred to anyone else.
The Owner shall provide the Company with their current correspondence address, email and telephone contact details, and notify them promptly of any changes. The information will be used and retained by the Company in accordance with the General Data Protection Regulations.
4.1 The Company reserve the right to board, move moor or reposition the Boat for reasons of safety, security, an emergency to prevent or stop a nuisance or to facilitate good Boatyard management.
4.2 Nothing shall entitle the Owner to exclusive use of any particular berth.
No waste or refuse is to be deposited in any part of the Boatyard. All waste, oil, petrol, paint or any other similar noxious or toxic substances including the disposal of any out of date flares is the sole responsibility of the Owner and cannot be disposed of by the Company.
Animals may be brought into the Boatyard but must be under the control of the Owner at all times. Dogs are to be kept on a leash. No animal shall cause inconvenience in the form of noise or fouling in the Boatyard. 2
7 Owner Obligations
7.1 The Owner, their crew or guests shall not fish, swim, jet ski, bait dig, dive, cause a disturbance, conduct anti-
7.2 The Owner shall not live aboard the Boat or permit any other person to live aboard the Boat. A person shall be deemed to be ‘living aboard’ a boat if he/she spends more than 14 nights aboard in any 30-
7.3 The Owner shall not store, fix or leave parts of the Boat or other equipment including dinghies, gear, fittings, fenders, trailers, supplies, stores or other similar items upon the pontoons, jetties, car parks or otherwise without the prior consent of the Company.
7.4 The Owner shall ensure that dust and dirt or other substances do not soil the immediate area of the Boat or hard standing and any fouling that should occur is removed immediately.
7.5 The Owner shall ensure that all work is carried out in full compliance with applicable health and safety and environmental laws. The Company shall not be responsible to Owners or third parties for the consequences of any person’s failure to respect any part of this condition. The Company shall be entitled to demand the immediate cessation of any work, which in its sole opinion breaches these terms and conditions.
7.6 The Owner shall not undertake any work on the hard standing that in any way endangers any person or damage to equipment, the surrounding area or other Boats.
7.7 The Owner shall not move, remove or in anyway interfere with any Boat shores, props or Boat cradles.
7.8 The Owner shall ensure that any children are supervised at all times and that suitable safety gear is worn at all times on the pontoons and Boats.
The Company will not allow any contractor to work on the Boat in the Boatyard unless the contractor has a permit issued by the Company and has third party liability insurance in the sum of at least £5,000,000 (five million pounds sterling).
9.1 The Owner shall maintain at all times a suitable policy of insurance (with a reputable insurer) for public liability and third-
9.2 The Owner shall furnish the Company with legible copies of the current insurance certificate to confirm these details relate to an active policy.
10 Supply of Utilities
10.1 Water is supplied to the pontoons and various points on the hard-
10.2 Electricity is provided by pre-
10.3 The Company cannot guarantee continuous supply of services and it accepts no responsibility for loss or damage arising out of the supply of services or their termination. Reconnection may not be carried out outside of office hours.
11 Boat Lifts
11.1 At the Owner’s request the Company will if possible launch or recover their Boat at the appropriate and suitable point of tide and weather conditions permitting, but the cost of moving the Boat and any other attendant expenses must be paid by the Owner.
11.2 The Owner is responsible for ensuring the Boat is seaworthy. Any additional lifts, time ashore or launches required for boats with inadequate watertight integrity will be payable by the Owner. In an emergency we will complete this work without further reference to you until such time as the Boat is safely ashore.
12.1 Unless otherwise agreed between the Company and the Owner payment for all work, goods and services shall be due immediately on 3
invoice date. Payment shall be deemed to have been made on receipt by the Company or its Bank of cash or cleared funds.
12.2 The Company has the right to charge interest on any sum outstanding for more than 30 days at 8.5% over Lloyds Bank base rate calculated on a daily basis.
13.3 If the Owner fails to pay within 30 days of the date on which the payment is due, the Company may serve a final warning in respect of the outstanding sum, requiring the Owner to make payment within a further 7 days. If after the expiry of that 7 days the outstanding sum has not been paid this will be treated as a breach of the Owner’s obligations under this Agreement and the Company shall be entitled to take all or any of the following steps:
13.3.1 charge the Owner interest (both before and after any judgement) on the amount unpaid.
13.3.2 prevent the Boat from leaving the Boatyard
13.3.3 end this Agreement under condition 14
13.3.4 the Company reserves the general right (a “general lien”) to detain and hold onto an Owner’s Boat or other property pending payment by the Owner of all sums due to the Company. The Company shall be entitled to charge the Owner for storage and the provision of any ongoing services at the normal daily rate until payment (or provision of security) by the Owner and removal of the Boat or property from the premises.
13.3.5 exercise the Company’s rights under Maritime Law to bring actions against a Boat to recover debt or damages. Such action may involve the arrest of the Boat through the Courts and its eventual sale by the Court. The right of arrest and sale may continue to exist against a Boat after a change of ownership. Sale of a Boat or other property may also occur through the enforcement of a court order or judgement.
14.1 The Company has the right to terminate the Licence Agreement immediately if the Owner sells or otherwise disposes of the Boat.
14.2 The Company may terminate the Licence Agreement (without prejudice to any other rights it may have in respect of breaches by the Owner of the terms of the Licence Agreement) in the event of any breach by the Owner of any of the terms of the Licence Agreement.
14.3 Upon termination of the Licence Agreement the Owner shall remove the Boat and any other property belonging to the Owner from the Boatyard within fourteen days. If the Owner fails to remove such property by that date the Company may remove the property from the Boatyard and locate it elsewhere and /or may exercise its right of sale pursuant to the Torts (Interference with Goods) Act 1977 after giving written notice to the Owner. The Owner shall pay any storage removal and all other charges reasonably incurred by the Company in relation to the storage, removal and / or disposal of any such property, including alternative berthing fees, lift out costs and legal fees.
14.4 Refunds of any sums paid by the Owner under the Licence Agreement will only be considered in exceptional and unforeseen personal circumstances.
15.1 All vehicles and or trailers parked in the boatyard must be of roadworthy condition.
15.2 All vehicles and trailers must be parked in the designated areas and failure to do so may be wheel clamped and the owner of the vehicle or trailer be charged a release fee of £50.
15.3 All vehicles and trailers are parked at the sole risk of the Owner
17 Limitation of Liability
The Company shall take all reasonable and proportionate steps having regard to the nature and scale of the business to maintain its facilities and equipment in reasonably good working order; but in the absence of any gross negligence or other breach of duty by the Company, Boats and other property are kept at the Boatyard at the Owner’s sole risk and Owners should ensure that their own personal and property insurance covers such risk. Any person entering and using any part of the Boatyard or it’s facilities for any purpose, whether by invitation or otherwise, does so entirely at their own risk. 4
17 Events outside the Company’s control
Where the Company is unable to perform any of its obligations by fire, flood, storm, earthquake or other natural disaster, explosion, riot, terrorism, malicious damage or any other act, breakdown of equipment, unavailability of staff, omission or state of affairs beyond the Company’s control, the Company shall be relieved of all its obligation and shall incur no responsibility or liability in respect thereof whether for damages or otherwise.
Notice to an Owner shall be sufficiently served if personally given to him or if sent by first class post to the Owner’s last known address or by email. Notices to the Company should be sent to the Company’s trading address or registered office.
19 Prices and Estimates
19.1 In the absence of express agreement to the contrary our price for work shall be based on labour and materials expended and services provided.
19.2 We will exercise reasonable skill and judgment when we give an estimate or indication of price. However, such estimates are always subject to the accuracy of information provided by the Owner and are usually based only on a superficial examination and will not include the cost of any emergent work and which may be necessary to the Boat, gear or equipment nor the cost of any extensions to the work comprised in the estimate.
19.3 We will inform the Owner promptly of any proposed increase in estimated price and the reasons for it and will only proceed with the work or supply with the approval of the Owner. The Owner shall remain responsible for the cost of labour and materials already supplied or remaining to be supplied which are not affect by the proposed increase in price.
19.4 The time for completion of the Company’s work is given in good faith but is not guaranteed. The Company shall not be responsible for any delay in completion of the work or for the consequences of any such delay unless it arises from the Company’s wilful acts or omissions or from the Company’s negligence.
20.1 An Owner who is a consumer (as defined in the Consumer Rights Act 2015) has certain minimum statutory rights regarding the return of defective goods and claims for loses. These rights are not affected by these terms. Note that section 20 does not apply to an Owner that is a firm, company or other legal entity.
20.2 In addition to the statutory rights of a consumer, provided by English law the Company guarantees its work for a period of 12 months from completion against all defects which are due to poor workmanship or defective materials supplied by the Company. This guarantee applies only to the Owner to whom the work or materials were supplied. The Company shall be liable under this guarantee only for defects which appear during the 12-
20.3 On notification by the Owner of such defects, the Company will investigate the cause and if they are the Company’s responsibility under the terms of this guarantee the Company will promptly remedy them or, at the Company’s option employ other contractors to do so. Any remedial work which is put in hand by the Owner directly without first notifying the Company and allowing the Company reasonable opportunity to inspect and agree such work and its cost will invalidate this guarantee in respect of those defects.
20.4 The Company accept no liability to indemnify a firm, company or other legal entity against any loss of profit or turnover which may be sustained in consequence of the failure of any faulty or unfit article supplied by the Company.
21 Retention of Title / Risk
21.1 Title to all goods, equipment and materials supplied by the Company to an Owner shall remain with the Company until full payment has been received by the Company.
21.2 Risk in all goods, equipment and materials supplied by us to an Owner shall pass to the Owner at the time of supply to the Owner. 5
22 Law and Jurisdiction
22.1 Each of these paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
22.2 These Terms are governed by English law. The Owner and the Company both agree to submit to the jurisdiction of the English courts.
22.3 Disputes arising under the Licence Agreement shall, when cannot be resolved by negotiation shall be submitted to mediation.