BMIF Terms
& Conditions
As members of the British Marine industries Federation our terms of business for all repair and refurbishment work is set out in the below in the BMIF Terms & Conditions (Twelfth Edition) below.
Terms & Conditions -
Twelfth Edition
These terms of business apply to all work undertaken and facilities or goods
supplied on or after July 1999
1. LIABILITY
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 therefor 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.
3. DELAYS
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.
5. PAYMENT
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.
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, 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. ACCESS TO PREMISES/WORK ON THE VESSEL
A. Subject to paragraph B of this Clause no work shall be done on the
vessel, gear, equipment or other goods while on our premises without our prior
written consent other than minor running repairs or minor maintenance of a
routine nature by the customer, his regular crew or members of his family not
causing nuisance, or annoyance to any other customer or person residing in the
vicinity, nor interfering with our schedule of work, nor involving access to
prohibited areas.
B. Prior written consent will not be unreasonably withheld where:
1. The work is of a type for which we would normally employ a specialist
sub-contractor; or
2. The work is being carried out under warranty by the manufacturer
and/or supplier of the vessel or any part of the equipment to which the warranty
relates.
C. Notwithstanding the foregoing, during periods of work by us on the
vessel, neither the customer nor his invitees shall have access to the vessel
without our prior consent, which consent shall not be unreasonably withheld. In
the event of such access being permitted, it will be at the customer’s own
risk.
9. 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.
10. SUB-CONTRACTING
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.
12. NOTICES
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.
13. LAW
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.
Published by the
British Marine Industries Federation and approved by the Royal Yachting
Association, who recommend that minor disputes are submitted to informal
arbitration and who are willing, on request, to nominate a suitable person or
persons.