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Boat Storage Terms and Conditions
Terms and Conditions for Hardstanding and Mooring at Wincham Wharf
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 includes, but is not limited 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 our facilities or equipment.
1.2 We will take reasonable steps, considering the nature and scale of our business, to maintain security at our premises and ensure our facilities and equipment are in safe and functional order. However, in the absence of negligence or breach of duty by us, all vessels and property are left entirely at the customer’s risk. Customers must ensure that their personal and property insurance adequately covers such risks.
1.3 We are not obligated to salvage or preserve a customer’s vessel or property resulting from defects or accidents unless expressly instructed to do so under commercial terms. However, we reserve the right to act if safety, property, or environmental concerns arise, charging the customer on a reasonable commercial basis.
1.4 Customers are responsible for any loss or damage caused by themselves, their crew, or their vessels while on our premises. Customers must maintain adequate insurance, including third-party liability cover of at least £5,000,000. Evidence of such insurance must be provided upon request within seven days.
2. Basis of Contract
2.1 All bookings, quotations, or estimates provided by us constitute an offer to provide services in accordance with these terms.
2.2 A contract is formed only when we issue a written acceptance of a booking or order.
2.3 These terms represent the entire agreement between the parties. Customers acknowledge that they have not relied on any statement, promise, or representation not expressly included in the agreement.
2.4 Any descriptive materials, advertising, or illustrations we provide are for guidance only and are not contractually binding.
2.5 These terms override any alternative terms the customer may seek to impose.
3. Prices and Estimates
3.1 Our pricing is based on labour, materials, and services provided, and unless agreed otherwise, fees are calculated weekly. Rates are as follows:
Narrowbeam vessels: £0.80 + VAT per foot per week.
Widebeam vessels: £1.00 + VAT per foot per week. 3.2 A deposit equivalent to one calendar month’s storage is required to secure a booking. This deposit is non-refundable unless we agree otherwise at our sole discretion. 3.3 Full payment for services must be made by the due date stated on the invoice. Late payments may incur interest at 4% above the Bank of England’s base rate, calculated daily. 3.4 We reserve the right to apply a lien over a customer’s vessel or property for unpaid amounts. Storage fees may apply until the outstanding debt is cleared. 3.5 We will notify the customer of any proposed price increases, and work will only proceed with their approval.
4. Delays
4.1 Any timescales given for completion of work are estimates and not guarantees. We accept no liability for delays unless caused by our negligence or willful acts.
5. Vessel Movements and Maintenance
5.1 We reserve the right to move vessels or property for operational, safety, or management reasons. Customers may not relocate their vessel without prior approval.
5.2 Major maintenance, repairs, or painting work must be approved by us in writing. Routine minor repairs are allowed, provided they comply with safety standards.
6. Customers’ Obligations
6.1 The customer shall: a. Ensure all information provided to us is accurate and complete; b. Co-operate with us in all matters relating to the services; c. Provide any necessary permissions, licences, or consents required for the work to be carried out; d. Remove loose items from their vessel before work commences or pay for any additional handling fees incurred if we must remove and replace items; e. Maintain appropriate insurance cover for their vessel and provide evidence upon request.
6.2 Failure by the customer to meet these obligations may result in delays, additional charges, or suspension of services.
7. Right of Sale for Outstanding Payments
7.1 In cases of overdue payments, we reserve the right to sell the vessel or property under the Torts (Interference with Goods) Act 1977 to recover debts.
7.2 Written notice will be given, providing a reasonable period for the customer to settle the debt before any sale proceeds.
7.3 Proceeds from the sale, after deducting costs and the outstanding debt, will be returned to the customer.
8. Subcontracting
8.1 We may subcontract all or part of the work entrusted to us. Any subcontractor shall be subject to the same terms and protections as outlined in this agreement.
9. Retention of Title
9.1 All goods, equipment, and materials supplied by us remain our property until full payment has been received.
9.2 Risk in these goods transfers to the customer upon delivery or installation.
10. Quality and Acceptance
10.1 Customers may be required to sign an acceptance form confirming satisfaction with completed work. If no complaint is raised within five working days of completion, the work will be deemed accepted.
10.2 Paintwork is only guaranteed if shot-blasting was performed beforehand and will exclude issues arising from climatic conditions.
11. Notices
11.1 Notices shall be served in writing to the customer’s last known address or via email. Notices to us must be addressed to our principal office.
12. Dispute Resolution
12.1 Any disputes shall be resolved through negotiation in the first instance. If unresolved, mediation or arbitration under the British Marine Dispute Resolution Scheme will be considered.
13. Governing Law
13.1 These terms are governed by English law, and any disputes shall fall under the jurisdiction of the English courts.
14. Contact Information
For further details or inquiries, please contact:
Narrowboats Ltd
Wincham Wharf
220 Manchester Road
Northwich
Cheshire
CW9 7NT
01606 47078