Devon Powerboating

TERMS OF BUSINESS

Edition 1 dated Feb 06

 THESE TERMS OF BUSINESS APPLY TO ALL CONTRACTS FOR SERVICES PROVIDED OR GOODS UNDERTAKEN

1.          LIABILITY

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, and harm to persons entering our premises or using any of our facilities or equipment.
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.
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 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.
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, Employers’ Liability cover in respect of any 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 do so.

2.          PRICES AND ESTIMATES

1. In the absence of express agreement to the contrary our price for work shall be based on time expended and services provided.
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.
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.          DELAYS

1. All services shall be provided at the time and place scheduled. However, where weather or other events outside the control of Devon Powerboat Training prevent this an alternative date and time will be offered. Where a service cannot be provided because of the failure of a customer's craft or for their non-availability, all deposits will be lost, Devon Powerboat Training will offer alternativ

4.          MOVEMENTS

1. We reserve the right to move any vessel, gear, equipment or other goods at any time for reasons of safety, security or good management of our business and premises.

5.          PAYMENT

1. Unless otherwise agreed between us the price of all work, goods and services shall be due immediately on invoice date.
2. Where a customer delays in payment for more than 30 days or withholds a sum we reserve the right to charge interest on the outstanding amount at 4% over Barclays Bank Plc base rate.
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 sufficient to cover the debt with interest and, where the debt is contested, a reasonable provision of our prospective legal costs. 
4. Our customers’ attention is drawn also to the note at Clause 9.2 of these Terms of Business regarding other rights which exist at law.

6.          GUARANTEE

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 Government’s Consumer Gateway website at http://www.consumer.gov.uk/
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 these terms.
3. 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”) then:
   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.
   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 Business Customer any rights we may have against the manufacturer or importer of that article.
   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

1. We will deliver our servces to the agreed specification and, in the absence of any other contractual term as to quality, to a satisfactory quality.

8.       SUB-CONTRACTING

1. We may sub-contract all or part of the service contracted to us by the customer, on terms that any such sub-contractor shall be proficient and 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 sub-contractor.

9. NOTICES

1. Notice to a customer shall be sufficiently served if personally given to him or 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 or registered office.

10. LAW AND JURISDICTION

1. Any contract or series of contracts made subject to these terms shall be subject to and governed by English law and
2. In the case of Business Customers any dispute arising under them shall be submitted to the exclusive jurisdiction of the Courts of England and Wales.
3. In the case of customers who are consumers 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.