Our Address C2 Apollo Court, Neptune Park, Plymouth, Devon, PL4 0SJ, United Kingdom

BMIF Terms

BRITISH MARINE FEDERATION, THESE TERMS OF BUSINESS APPLY TO ALL CONTRACTS FOR WORK AND FACILITIES OR GOODS UNDERTAKEN BY US ON OR AFTER 31 OCTOBER 2012

 

1 LIABILITY

1.1 We shall not be liable for any loss or damage caused by events or circumstances beyond our

reasonable control (such as severe weather conditions, the actions of third parties not employed

by us or any defect in a customer’s or third party’s property); this extends to loss or damage to

vessels, gear, equipment or other property left with us for work or storage, and harm to persons

entering our premises or using any of our facilities or equipment.

 

1.2 We shall take reasonable and proportionate steps having regard to the nature and scale of our

business to maintain security at our premises, and to maintain our facilities and equipment in

reasonably good working order; but in the absence of any negligence or other breach of duty by

us vessels and other property are left with us at the customer’s own risk and customers should

ensure that their own personal and property insurance adequately covers such risks.

 

1.3 We shall not be under any duty to salvage or preserve a customer’s vessel or other property from

the consequences of any defect in the vessel or property concerned unless we have been

expressly engaged to do so by the customer on commercial terms. Similarly we shall not be under

any duty to salvage or preserve a customer’s vessel or other property from the consequences of

an accident which has not been caused by our negligence or some other breach of duty on our

part. However we reserve the right to do so in any appropriate circumstances, particularly where

a risk is posed to the safety of people, property or the environment. Where we do so we shall be

entitled to charge the customer concerned on a normal commercial basis.

 

1.4 Customers may themselves be liable for any loss or damage caused by them, their crew or their

vessels and while their vessel or other property is on our premises or is being worked on by us

they shall be obliged to maintain adequate insurance, including third party liability cover for not

less than £2,000,000, and, where appropriate, Employer’s Liability cover in respect of any

employee. Customers shall be obliged to produce evidence of such insurance to us within 7 days

of a request to do so.

 

1.5 Nothing in these Terms of Business shall limit or exclude our liability for death or personal injury

caused by our negligence or the negligence of our employees, agents or sub-contractors; for

fraud or fraudulent misrepresentation; or otherwise to the extent that it would be illegal for us to

exclude or attempt to exclude liability.

 

2 PRICES AND ESTIMATES

2.1 In the absence of express agreement to the contrary our price for work shall be based on labour

and materials expended and services provided.

 

2.2 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

customer and are usually based only on a superficial examination and will not include the cost of

any emergent work which may be necessary to the vessel, gear or equipment nor the cost of any

extensions to the work comprised in the estimate.

 

2.3 We will inform the customer promptly of any proposed increase in estimated prices and the

reasons for it and will only proceed with the work or supply with the approval of the customer.

The customer shall remain responsible for the cost of labour and materials already supplied or

remaining to be supplied which are not affected by the proposed increase in price.

 

3 DELAYS

3.1 Any time given 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

4.1 We reserve the right to move any vessel, gear, equipment or other property at any time for

reasons of safety, security or good management of our business and premises.

 

5 PAYMENT

5.1 Unless otherwise agreed between us payment for all work, goods and services shall be due

immediately on invoice date. Payment shall be deemed to have been made when we receive cash

or cleared funds at our bank.

 

5.2 We have the right to charge interest on any sum outstanding for more than 30 days (except in

the case of a reasonable and proportionate retention by the customer of any amount genuinely in

dispute between us and the customer) on the outstanding balance at 4% above Bank of England

base rate which may be calculated daily up to the date of actual payment. In the case of business

customers this rate will be substituted with the curr