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
1.1 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.
3.1 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.
5.1 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