- We and our employees 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, our negligence
or deliberate act or that of those for whom we are responsible. Subject to that exception, all
vessels and gear are repaid, worked on, moved, stored or otherwise managed and kept at the sole
risk of the Owner. Customers should therefore ensure that their vessels, themselves or their crew
whilst on the premises.
- Subject to express agreement to the contrary any delivery date quoted is given in good faith
and is not guaranteed but delivery shall be within a reasonable time of any specified date, bearing
in mind all the circumstances of the particular case.
- This clause applies only where we supply goods to a person who buys in the course of a business
(“a business customer”)
- No article supplied by us to a business customer shall carry any warranty or condition of
sale, express or implied as to quality or as to fitness for any particular purpose unless the
customer when he orders the article sufficiently explains the purpose for which it is required and
makes it clear that he is relying on our skills and judgement.
- No proprietary article ordered from us by name, type and or size by a business customer shall
carry any such warranty or condition of sale, save so far as we can pass on a manufactures warranty.
- In no event do we accept liability to a business customer for consequential damage beyond
replacement of any faulty or unsuitable article supplied.
- In the interests of safety and expedience, we reserve the right to move any vessel and / or gear
at our discretion.
- All person using any part of our premises and / or facilities for whatever purpose and whether by
invitation or otherwise do so at their own risk, unless any injury or damage to a person property
sustained within the premises and / or facilities was caused by, or resulted from, our negligence or
deliberate act or that of those for whom we are responsible.
- 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.
- In all cases where a contract of hire or licence to occupy any mooring 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 UK of
the Hirer or Licensee.
- Mooring are at all times subject to river and Harbour Authority Rules and Regulations.
- 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 level as those prevailing at the time of the quotation,
and the quoted price shall be increased or decreased by the amount of which the actual cost of labour,
materials and overheads has increased or decreased by reason of variation of the aforesaid levels since the
date of the quotation. However the quotation shall not be adjusted to meet increased costs which would not
have occurred but for the failure to proceed with the work with reasonable despatch.
- Any quotation is subject to acceptance within seven days of the date thereof.
- In the absence of any written agreement or arrangement to the contrary delivery is given in our yard
or in the water adjustment thereto.
- Quotation cover only the work and / or items specified thereon, and the additions, alternations,
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 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.
- Unless otherwise specified out terms of payment for goods supplied, done or accommodation provided
are net 14 days from date of invoice, before removal of vessel or goods, whichever shall be the earlier,
if the vessel or goods are not removed within 14 days of the date of invoice we shall have the right thereafter
to make reasonable mooring charges.
- Subject to any agreement to the contrary, we have the right to expect a general lien upon any vessel
and/or its gear and equipment whilst in or upon our premises or afloat at any of our moorings, until such time
any monies due to us from the Owner in respect of such vessel and/or its gear whether on account of storage
or mooring charges, work done or otherwise shall be paid.
- Acceptance by us of goods (including vessels and/or engines, gear and equipment) for repair or other
treatment or for mooring or storage is subject to the provisions of the Torts (interference with Goods) Act,
which confers on us as bailees a right of sale exercisable in certain circumstances. Such sale will not place
until we have given notice to the Owner in accordance with the Act.
For the purpose of the Act it is hereby recorded that:
- Goods for repair or other treatment are accepted by us on the terms that the Owner will take
delivery of the goods in accordance with Clause 1 of these terms when the repair or other treatment has
been carried out.
- Our Obligation as custodians of goods accepted for mooring or storage ends upon expiry or lawful
termination of the grant to the Owner of facilities for mooring or storage.
- Save as provided for business customers under Clause 3 all goods are supplied with the benefit of the
appropriate undertakings (particularly as to conformity of goods with descriptions or sample, and as to their
quantity or fitness for a particular purpose) which are implied by the Sale of Goods Act 1983 as amended.
Nothing in these terms shall affect those stationary rights.
- Except where notice is required to be given under Clauses 12 or 15 except as regards Clause 14, the word
“Owners” shall include a Chartered Master or authorised Agent.
- 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.
Cardiff Marina terms & conditions