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Terms of business
THESE TERMS OF BUSINESS APPLY TO ALL CONTRACTS FOR WORK AND FACILITIES
OR GOODS UNDERTAKEN ON OR AFTER 14 OCTOBER 2003.
1.1 We shall not be liable for any loss or damage caused by any event or circumstance
beyond our reasonable control (such as extreme weather conditions, the actions of third
parties not employed by us or any defect in any part of a customer's or third party's
vessel); this extends to loss or damage to vessels, gear, equipment or other goods left
with us for repair or storage, and harm to persons entering our premises or using any of
our facilities or equipment.
1.2 We shall take all 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. Subject to this and in the absence of
any negligence or other breach of duty by us vessels, gear, equipment or other goods are
left with us at the customer's own risk and customers should ensure that their own
personal and property insurance 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 shall 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 another breach of duty on our part. However we reserve the right to do so
in any 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 in 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 an employee to at least the statutory minimum. The customer
shall be obliged to produce evidence to us of such insurance within 7 days of a request to
2 PRICES AND ESTIMATES
2.1 In the absence of express agreement to the contrary our price for work shall be based on
time and materials expended and services provided.
2.2 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.
2.3 We will inform the customer promptly of any proposed increase in estimated prices and
the reasons therefore 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 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 willful acts or omissions or from our negligence.
4 VESSEL MOVEMENTS
4.1 We reserve the right to move any vessel, gear or equipment or other goods at any time
for reasons of safety, security or good management of our business and premises.
5.1 Unless otherwise agreed between us the price of all work, goods and services shall be
due immediately on invoice date.
5.2 Where a customer delays in payment for more than 30 days or withholds more than a
proportionate sum against rectification of any alleged defects we reserve the right to
charge interest on the outstanding amount at 4% over Barclays Bank Plc base rate.
5.3 We reserve a general right ("a general lien") to detain and hold onto a customer's vessel
or other property pending payment by the customer of any sums actually due to us. We
shall be entitled to charge the customer for storage and the provision of any ongoing
services at our normal daily rates until actual payment (or provision of security) by the
customer and removal of the vessel or property from our premises. The customer shall at
any time be entitled to remove the vessel or other property upon providing proper
security, for example a letter of guarantee from a Bank reasonably acceptable to us or
lodgement of a cash deposit with a professional third party agent or with the British
Marine Federation, sufficient to cover the debt with interest and, where the debt is
contested, a reasonable provision for our prospective legal costs. This right does not
affect the customer's entitlement to withhold a proportionate part of the price in respect of
alleged defects but where that amount is in dispute between us the customer shall be
required to provide security for the full amount pending resolution of the dispute.
5.4 Our customer's attention is drawn also to the note at Clause 9.2 of these Terms of
Business regarding other rights which exist at law.
6.1 Advice on whether a customer is a "consumer" or otherwise protected by some or all of
the consumer protection legislation in force in the United Kingdom may be obtained from
any local Trading Standards Office, the Citizens Advice Bureau, the Office of Fair Trading
or any firm of Solicitors (who may charge). Online guidance may be obtained at the
Governments Consumer Gateway website at http://www.consumer.gov.uk/
6.2 Where a customer is also a consumer he has certain minimum statutory rights regarding
the return of defective goods and claims for losses. These rights are not affected by
6.3 In addition to the statutory and other right provided by English law 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 at our trading address or registered office [set out on our letter
head]. The geographical area within which this guarantee will be honoured is restricted to
the [United Kingdom].
6.4 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
6.5 Where we supply goods or services to a partnership or company or to a customer who is
acting in the course of a business or a commercial operation (a Business Customer)
6.5.1 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
Business Customer has sufficiently explained the purpose for which it is required and
made it clear that he is relying on our skill and judgement.
6.5.2 No proprietary article specified by name, size or type by a Business Customer shall carry
any such express or implied term but we ill assign to the Business Customer any rights
we may have against the manufacturer or importer of that article.
6.5.3 We accept no liability to indemnify a Business Customer against any loss of profit or
turnover which he or his customer or any other person may sustain in consequence of
the failure of any faulty or unfit article supplied by us.
7 QUALITY STANDARDS
7.1 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
8.1 Subject to the terms of clause 8.2 no work shall be done on the vessel, gear, equipment
or other goods while on our premises without out 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, or interfering with our schedule of work, nor involving
access to prohibited areas.
8.2 Prior written consent will not be unreasonably withheld where:
8.2.1 The work is of a type for which we would normally employ a specialist subcontractor; or
8.2.2 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.
8.3 In every case neither the customer nor his invitees shall have access to the vessel during
periods of work by us on the vessel without our prior consent, which shall not be
9 RIGHT OF SALE
9.1 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. This 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:
9.1.1 Goods for repair or other treatment are accepted by us on the basis that the customer is
the owner of the goods or the owners authorised agent and that he will take delivery or
arrange collection when the repair or treatment has been carried out;
9.1.2 Our obligation as custodian of goods accepted for storage ends on our notice to the
customer of termination of that obligation;
9.1.3 The place for delivery and collection of goods shall be at out premises unless agreed
9.2 Maritime Law entitles us in certain other circumstances to bring action against a vessel to
recover a debt or damages. Such action may involve the arrest of the vessel through the
Courts and its eventual sale by the Court. This right of arrest and sale may continue to
exist against a vessel following a change of ownership. Sale of a vessel may also occur
through the ordinary enforcement of a judgement debt against the Owner of a vessel or
10.1 We may sun-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. Where we exercise this right we shall remain responsible to the customer for
the performance of our subcontractor.
11.1 Notice to a customer shall be sufficiently served if personally given to him or if sent by
first class post to the customers last known address. Notices to us should be sent by first
class post to out principal trading address or registered office.
12 LAW AND JURISDICTION
12.1 Any contract or series of contracts made subject to these terms shall be subject to and
governed by English law and
12.2 In the case of Business Customers and dispute arising under them shall be submitted to
the exclusive jurisdiction of the Courts of England and Wales.
12.3 In the case of customers who are consumer or who are not contracting in the course of
business any dispute shall be submitted to the non-exclusive jurisdiction of the Courts of
England and Wales.
Making A Purchase
Making a purchase could not be easier. Just browse our store, and add any items that you wish to buy into the shopping cart. After you have finished your selection, click on 'Checkout' and you will be asked for a few details that we need to be able to complete the order.
We accept credit card, debit card or paypal payments. You may send your credit card information via phone, fax, snail mail or over the Internet.
When confirmation of order is received, this is to indicate that we have received your order. It does not indicate that a contract exists between us. We will indicate acceptance of your order, and hence a contract between us, when we send you an invoice. We have included this term to protect us in the case that a mistake has been made in pricing, we have inadvertently under-priced goods, or we are no longer able to supply a particular product for some reason. In the case of a change of price, we will always contact you first to ensure that the price is acceptable.
Shipping And Handling
Orders placed before 2pm will be shipped by courier for next working day delivery to mainland UK and Isle of Wight, if the items are in stock at our warehouses. Items not in stock will usually be delivered within 5-10 working days. Should items take longer than 10 working days, we will notify you with the option to cancel your order.
Boats and bulky items are ex-shepperton and excluded from the above and we ask that you contact us for a delivery price.
Items sent to UK Isles and Scottish Highlands will usually be delivered within 2-3 working days from dispatch.
Items sent to European destinations will be delivered usually within 3-7 working days from dispatch.
Small, lightweight Items eligible for the 2nd class post service will be delivered usually within 2-3 working days but at customers' own risk as this is an uninsured service - but there is an option to upgrade to our courier service at an additional cost.
All timescales are an approximate guide, Lindon Lewis Marine Ltd cannot accept responsibility for delays once the goods have left our premises.We reserve the right to make changes to terms and conditions without prior notice.
|Delivery Schedule We will deliver your order right away, if we have it in stock. International orders are generally received in under 7 days.|
|Back Orders If your item is not in stock you will be emailed with the option to cancel your order if you would rather not wait.|
|Tax Charges For orders made from the UK or the European Union, 20% VAT is added. All other orders are VAT free.|
|Credit Card Security When the order is placed at our website, credit card numbers are encrypted using 128 bit encryption. They are only decrypted after they reach our computer. They are not held in clear text on any web site.|
|Guarantee We guarantee your satisfaction. All our products are protected under the EU Distance Selling Directive|
|Reaching Us If you need to reach us, please email us using the link on the store page, alternatively, you can call on 01932 247427 (International +44 01932 247427) or fax us on 01932 254775 or write to us at Shepperton Marina Felix Lane Shepperton-on-Thames Surrey TW17 8NS United Kingdom|
Lindon Lewis Marine Ltd do not disclose buyers' information to third parties other than when order details are processed as part of the order fulfilment. In this case, the third party will not disclose any of the details to any other third party.
Cookies are used on this shopping site where they are strictly necessary for the site functionality. They are used to aid navigation, and to keep track of the contents of your shopping cart. If you log in to an account, your logged-in status is recorded in a temporary cookie. If you select the 'Remember Me' Option in the checkout, a cookie will be used to remember your details. You can turn off cookies by blocking them in your browser Privacy settings. If you turn off cookies, you will be unable to place orders or benefit from the other features that use them.
Data collected by this site is used to:
a. Take and fulfil customer orders.
b. Administer and enhance the site and service.
c. Only disclose information to third-parties for goods delivery purposes.
|Returns Policy Your rights to return goods are protected under the EU Distance Selling Directive which can be found at http://www.hmso.gov.uk/si/si2000/20002334.htm. Please note that it is your responsibility to return goods to us if you are unsatified with them or they are faullty. We will not pay the cost of this return carriage.|
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