The terms of business for AARDVARK TECHNOLOGIES and AARDSPARS for all work are set out below and are based on those of the British Marine Federation.
A. We shall not be liable for any loss or damage caused by any events or circumstances beyond our reasonable control (such as extreme weather conditions, the actions of third parties not employed by us or latent defects); this includes loss or damage to vessels, gear, equipment or other goods left with us for repair or storage, and harm to persons entering the premises and/or using facilities or equipment; customers should ensure that their own personal and property insurance covers such risks.
B. Customers may themselves be liable for any loss or damage caused by them, their crew or their vessels. Any vessel, gear, equipment or other goods are left with us at the customer’s own risk; the customer should maintain adequate insurance which should also cover third party liability of at least £1,000,000.
2. PRICES AND ESTIMATES
A. In the absence of express agreement to the contrary our price for work shall be based on time and materials expended and services provided.
B. When we give an estimate or indication of price – in writing or orally – we will exercise skill and judgement in doing so. Such estimates are subject always 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 additional repairs or work found necessary to the vessel and/or gear or equipment during the work nor the cost of any extensions to the work comprised in the estimate.
C. We will inform the customer promptly of any proposed increase in estimated prices and the reasons there for and will only proceed with the work with the approval of the customer. In those circumstances the customer’s liability for any work already completed or goods already supplied or to be supplied shall be unaffected.
The time 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.
4. VESSEL MOVEMENTS
We reserve the right to move any vessel, gear, equipment or other goods at our discretion for reasons of safety or good management.
A. Unless otherwise agreed in writing the price of all work, goods and services shall be due immediately on invoice date.
B. Pending receipt of payments in full without set off or deduction we reserve the right to charge interest on any sums outstanding after 30 days at 4% over Barclays Bank Plc base rate.
C. We have the right to keep hold of a vessel, its gear and equipment and any other goods on which we have worked or in respect of which we have provided services pending payment in full of all sums due to us in respect of the provision of any such work or services. During any such period of retention we reserve the right to continue to charge for storage, hard standing or berthing at our usual commercial rates.
D. If the Customer fails to make payment to the Company when due, enters in bankruptcy, liquidation or a composition with its creditors, has a receiver, manager or administrator appointed over all or part of its assets, or becomes insolvent, or if the Company has reasonable cause to believe that any of these events is likely to occur, the Company shall have the right without prejudice to any other remedies: To enter without prior notice to any premises where the Goods owned by it may be, and to repossess and dispose of any such Goods owned by it so as to discharge any sums owed to it by the Customer. 6. GUARANTEE
A. Nothing in these terms affects the statutory rights of any customer who contracts with us as a consumer.
B. We guarantee our work for a period of 12 months from completion against all defects which are due to poor workmanship or defective materials supplied by us. We shall be liable under this guarantee only for defects appearing during this 12-month period which must be promptly notified to us in writing.
C. On notification by the customer of such defects in writing, we will investigate the cause and if they are our responsibility under the terms of this guarantee we will promptly remedy them or, at our option, employ other specialist contractors to do so. Any remedial work which is put in hand by the customer other than through ourselves in accordance with the terms of this guarantee may invalidate this guarantee in respect of such defects if we are not advised beforehand and given the opportunity to inspect and agree such work and its cost.
D. Where we supply goods or services to a customer in the course of his business:
1. No article supplied by us to a business customer 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 is relying on our skill and judgement.
2. No proprietary article specified by name, size or type by a business customer shall carry any such express or implied term but we will assign to the customer any rights we may have against the manufacturer or importer of that article.
3. In no event do we accept liability to a business customer for consequential damage beyond replacement of any faulty or unsuitable article supplied by us.
7. QUALITY STANDARDS
We will complete our work to the agreed specification and, in the absence of any other contractual term as to quality, to a satisfactory quality.
8. RIGHT OF SALE
A. Where we accept vessels, gear, equipment or other goods for repair, refit, maintenance or storage we do so subject to the provisions of the Torts (Interference with Goods) Act 1977. The 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/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 recorded that:
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;
2. Our obligation as custodian of goods accepted for storage ends on our notice to the customer of termination of that obligation;
3. The place for delivery and collection of goods shall be at our premises unless agreed otherwise.
B. In certain other circumstances we may be entitled to have vessels or goods sold through the Court for non-payment of invoices.
We may sub-contract all or part of the work entrusted to us by the customer, on terms that any such sub-contractor shall have the protection and benefit of all rights and conditions, and of all limitations and exclusions of liability, contained in these Terms of Business.
11. If any provision of these Terms of Business is deemed for any reason to be invalid, void or deleted, the Terms of Business shall nonetheless remain in full force and effect as if such provision had not originally been included. In such circumstances, we and the customer shall negotiate in good faith in order to agree the terms of a mutually acceptable and satisfactory alternative provision in place of the invalid, void or deleted provision.
Notices to a customer shall be deemed to have been sufficiently served if sent by first class post to the customer’s last known address. Notices to us should be sent by first class post to our principal trading address.
These terms are subject to English law and any dispute arising under them shall be submitted to the jurisdiction of the Courts of England and Wales.