Terms and Conditions

GENERAL CONDITIONS OF BERTHING MOORING AND STORAGE ASHORE

Our Terms and conditions are based on the Standard Terms & Conditions for Mooring and Storage produced by the British Marine Federation and adapted for Weir Quay Boatyard.

Terms and Conditions

1. In these Conditions, Weir Quay Boatyard (WQB) shall mean the partnership of Michael John Hooton and Lisa Marilyn Hooton of Weir Quay, Bere Alston, Yelverton, Devon, PL20 7BS and/or their Agent or Agents to whom the application for berthing is made which may be one or more of their Associated Companies, Concessionaires, Tenants and Assignees for the operation (if any) of the Boat Repair Yard, Brokerage, or any other Harbour Facility. The expression "harbour" shall include a Yacht Harbour, Marina, Moorings or any other facility for berthing a yacht. The expression "Owner" shall include a Charterer, Master, or agent or other person for the time being lawfully in charge (other than the Weir Quay Boatyard) of the vessel or vehicle.

2. Vessels and Vehicles

(a) All vessels and vehicles in or on WQB's harbour or premises may be moved by WQB to any other part of the same harbour or premises.

(b) WQB shall not be liable whether in contract, tort or otherwise, for any loss, theft, or any other damage of whatsoever nature caused to any vessel or vehicle or other property of the Owner or others claiming through the Owner except to the extent that such loss, theft, or damage may be caused by the negligence or wilful act of WQB or those for whom WQB is responsible.

(c) The Owner shall indemnify WQB against all loss, damage, costs, claims or proceedings incurred by, or instituted against WQB or its servants or agents which may be caused by the Owner's vessel or vehicle or by the Owner, his servants, agents, crew, guests or sub-contractors except to the extent that such loss, damage, costs, claims or proceedings may be caused by the negligence or wilful act of WQB or those for whom it is responsible.

(d) The Owner shall maintain third party insurance in respect of himself and each of his vehicles or vessels, his crew for the time being, and his agents, visitors, guests and sub-contractors in a sum of not less than £1,000,000 in respect of each accident or damage and in respect of each vessel adequate salvage insurance. Such insurance shall be effected and maintained in an insurance office of repute and the Owner shall produce the policy or policies relating thereto to WQB on demand.

3. No part of WQB's harbour or premises or of any vessel or vehicle while situated therein or thereon shall be used by the Owner for any commercial purposes.

4. Within 7 days of any sale, transfer or mortgage of any vessel which is subject to a current licence granted to the Owner by WQB subject to these conditions the Owner shall notify WQB of the name and address of the Purchaser, Transferee or Mortgagee, as the case may be.

In the event that the Owner sells or otherwise transfers the ownership of the vessel or that the Owner removes the vessel from WQB prior to the expiration of the licence, WQB may at its own discretion refund to the Owner pro rata the fee paid for the unexpired period of the licence less a further three months from the date the vessel is sold or leaves WQB.

5. Work to be carried out:

(a) Subject to paragraph (b) of this condition no work shall be done to the vessel whilst at WQB's harbour, premises or moorings (unless with the prior written consent of WQB which may be withheld at its sole discretion), other than minor running repairs or minor maintenance of a routine nature by the Owner, his regular crew, or members of his family not causing any nuisance or annoyance to any other users of WQB's harbour, premises or moorings or any other person residing in the vicinity.

(b) Prior written consent for work to be carried out on WQB's harbour premises or moorings shall not without good cause be withheld in the following circumstances:
(i) Where the work to be carried out is work for which WQB, its concessionaires or those who normally carry out work on its behalf would normally employ a specialist sub-contractor; or
(ii) Where WQB is satisfied that the whole of the work is remedial and not servicing and is being carried out under warranty by the manufacturer and/or supplier of the Vessel or any part of her equipment to which the warranty relates.
(iii) If WQB has set aside an area of WQB's harbour premises or moorings where Owners may carry out work on their Vessels, and the work for which consent is sought is restricted to that area and is not to be carried out in a manner prohibited under Regulations for the time being made by WQB with regard thereto.

(c) Where WQB permits work to be carried out by the Owner's sub-contractors, it shall have the right to charge the Owner a commission or fee based on the valuation of the work undertaken or on the time taken to complete the work and the Owner shall submit to WQB on request a full account of the work carried out and the cost to him of that work.

6. WQB has the right to exercise a general lien upon any vessel and/or other property of the vessel's Owner whilst in or on WQB's harbour or premises until such a time as any money due to WQB in respect of the vessel and/or other such property whether on account of rental, storage, commission, access or berthing charges, work done or otherwise shall be paid.

7.Termination of Licence:

(a) WQB shall have the right (without prejudice to any other rights in respect of breaches of these conditions by the Owner) to terminate the licence granted to the Owner in the following manner in the event of any breach by the Owner of these Conditions or of any failure by the Owner to make any payment due to WQB. If the breach is capable of remedy or the Owner has failed to make any such payment WQB may serve notice on the Owner specifying the breach or the failure to pay and requiring him to remedy the breach or pay the amount due within 14 days. If the Owner fails to remedy such breach or pay the amount due within 14 days, or if the breach is not capable of remedy, WQB may serve notice on the Owner specifying the breach or failure to pay (when not already specified) and requiring him to remove the vessel within 28 days, at the expiration of which the Owner shall remove the vessel and any other property of his from WQB's harbour and premises. WQB shall refund to the Owner the unexpired portion of the licence fee (disregarding any discount given) subject to a right of set-off in respect of any damage suffered by it and/or other monies owing as a result of any matters giving WQB the right to terminate the licence.

(b) When no date of termination has been agreed in writing between the parties, WQB or the Owner may terminate the licence granted to the Owner by giving the other 28 days' notice of such termination, at the expiration of which the Owner shall remove the vessel from WQB's harbour and premises.

(c) If the owner fails to remove the vessel on termination of the licence (whether under this Condition or otherwise), WQB shall be entitled:
(i) to charge the Owner with the rental which would have been payable by the Owner to WQB if the licence had not been terminated for the period between termination of the licence and removal of the vessel from its harbour and premises and/or
(ii) at the Owner's risk (save in respect of loss or damage caused by WQB's negligence during such removal) to remove the vessel from its harbour and premises and thereupon secure it elsewhere and charge the Owner with all costs arising out of such a removal including alternative berthing fees.

8. In all cases where a contract of hire or licence to occupy any moorings, berth, storage space, property or facilities may be lawfully terminated by notice, the same shall be deemed to be lawfully served if served personally on the Owner or sent by registered post or recorded delivery service to the last known address in the United Kingdom of the Owner or, if the Owner is a company, its registered address.

9. Vessels stored at seasonal rates ashore or in mud berths will be launched or put afloat as near the end of the seasonal period as in WQB's opinion tide, weather conditions and available facilities permit and in such sequence as to avoid moving other vessels for this purpose and also so as to make the most economical use of the facilities at WQB's disposal.

At the Owner's request WQB will, if possible, launch his vessel at any suitable tide and weather conditions, but the cost of moving other vessels for this purpose and/or any attendant expenses must be paid for by the Owner. The basis of such charges is available to the Owner on request.

10. Any vessels or other goods left at WQB's harbour or premises are subject to the provisions of the Torts (Interference with Goods) Act 1977, which confers on WQB as bailee a right of sale exercisable in certain circumstances. Such sale will not take place until WQB has given notice to the owner or has taken reasonable steps to trace him in accordance with the Act. A similar right of sale shall also arise when any vessel or other goods of which WQB is not a bailee are left at WQB's harbour or premises.

Any obligation of WQB towards vessels or goods left at its harbour or premises ends upon the expiry or lawful termination of the grant to the Owner of facilities in respect of such vessels or goods and WQB accepts no responsibility for loss or damage to any vessels or goods left at its harbour or premises without its consent save in so far as such loss or damage is caused by the negligence of WQB or those for whom WQB is responsible.

11. If in WQB's opinion such be necessary for the safety of the vessel or for the safety of other users of the harbour or premises or for their vessels or for the safety of WQB's harbour, premises, plant or equipment, WQB shall have the right to moor, reberth, move, board, enter or carry out any emergency work on the vessel and except to the extent that such mooring, reberthing, movement, boarding, entering or emergency work arises from the negligence of WQB or for those for whom WQB is responsible, WQB's reasonable charges therefor shall be paid by the Owner.

The Owner shall deposit a set of keys to the vessel to enable WQB to enter the vessel and to start the engine and to move the vessel as required.

12. Unless he has WQB's prior consent, the Owner shall not lend or transfer the berth (this licence being personal to the Owner relating to a particular vessel and is non-assignable) nor shall he use the berth for any other vessel. If the Owner notifies WQB in writing that the vessel will be away from the harbour and premises for 28 days or more and, there being no other vacant berth, WQB is able to re-licence, on a continuous basis for a period or periods of not less than 28 days each, the berth normally occupied by the Owner's vessel, WQB shall pay the Owner one-third of the licence income so received for each such period.

13. Vessels shall be berthed or moored by the Owner in such a manner and position as WQB may require and unless otherwise agreed the necessary warps and fenders shall be provided by the Owner.

14. Nothing in the Licence shall entitle an Owner to the exclusive use of a particular berth.

15. Berths (including those occupied by vessels on WQB's harbour or premises or facilities for servicing, overhauling or repair) shall be licenced for the periods from time to time published by WQB at its harbour or premises and charges therefor will be calculated by reference to WQB's published list of charges ruling at the commencement of the licence.

16. All persons using any part of WQB's harbour, premises or facilities for whatever purpose and whether by invitation or otherwise do so at their own risk unless any injury or damage to person or property sustained within WQB's harbour premises or facilities was caused by or resulted from WQB's negligence or deliberate act or that of those for whom WQB is responsible.

17. No vessel, when entering or leaving or manoeuvering in the harbour, shall be navigated at such a speed or in such a manner as to endanger or inconvenience other vessels in the harbour. Vessels are at all times subject to the speed restrictions and bye-laws of the Harbour, Navigation or other authorities.

18. No noisy, noxious or objectionable engines, radio, or any other apparatus or machinery shall be operated within the harbour or premises so as to cause any nuisance or annoyance to WQB, to any other users of the harbour or premises or to any person residing in the vicinity and the Owner undertakes for himself, his guests and all using the vessel that they shall not behave in such a way as to offend as aforesaid. Halyards shall be secured so as not to cause such nuisance or annoyance.

19. No refuse shall be thrown overboard or left on the pontoons, jetties or car parks, or disposed of in any way other than in the receptacles provided by WQB or by removal from WQB's harbour and premises.

20. Dinghies, tenders and rafts shall be stowed aboard the vessel or in the dinghy racks provided on the premises.

(a) The storage of one dinghy, tender or raft for each vessel is permitted in the dinghy racks provided

(b) The Owner shall ensure that all dinghies, tenders, rafts, oars, outboards, trailers, trolleys, cradles, legs and other gear belonging to the Owner and stored on WQB premises be clearly identified by the name of the vessel or the name of the Owner.

21. Owners and their crew are required to park their motor vehicles in such a position and in such manner as shall from time to time be directed by WQB.

(a) The parking of the Owner's vehicle on WQB premises is permitted for up to two weeks and entirely at the discretion of WQB and is, in any case, restricted to one vehicle only.

(b) When leaving a vehicle unattended on WQB premises, the Owner must deposit a key at WQB office and inform WQB of his anticipated return date and time.

22. Storage of gear/equipment on-site:

(a) No items of boats, gear, fittings or equipment, supplies, stores or the like shall be left upon the pontoons, jetties or car parks.

(b) Trailers, cradles, legs and launching trolleys used to store vessels on WQB premises shall be removed by the owner within 7 days of the vessel being launched.

23. The Owner shall take all necessary precautions against the outbreak of fire in or upon his vessel and the Owner shall observe all statutory and local regulations relative to fire prevention (if any) which shall be exhibited at the offices of WQB. The Owner shall provide and maintain at least one fire extinguisher of a governmentally approved or BSI standard type and size in or on the vessel fit for immediate use in case of fire.

24. WQB reserves the right to introduce regulations which relate solely to the administration of WQB's harbour and premises and which are not inconsistent with these Conditions, and to amend such regulations from time to time. Such regulations and any amendments to them shall become affective on being displayed on WQB's public notice board or other prominent place at WQB's premises, and WQB shall have the same rights against the Owner for breach of the regulations as for a breach of these Conditions.

25. Termination due to force majeure:

(a) WQB shall have the right by notice in writing to the Owner forthwith to terminate this Licence if at any time WQB's harbour or premises shall be so damaged impeded or interferred with by force majeure (as hereinafter defined) as to render it likely that WQB will be unable to continue to provide a berth, mooring or storage ashore accommodation in accordance with the Licence entered into between WQB and the Owner.

(b) In this Clause force majeure means any event or circumstance (whether arising from natural causes, human agency or otherwise) beyond the control of WQB including (insofar as beyond such control but without prejudice to the generality of the foregoing expression) weather conditions, riots, civil commotion, aircraft, fire, breakdown or war.

(c) In the event of such termination as aforesaid WQB shall refund to the Owner the unexpired portion of the Licence fee (disregarding any discount given).