BlueFin Yachts Ltd. Business, Services and Website Terms and Conditions
The term ‘BlueFin Yacht’s Ltd.’ or ‘us’ or ‘we’ refers to the owner of the website whose office is at: Gosling House, St Dominick, Saltash, PL12 6RT, UK. Our company registration number is: 05771151, registered at: Lowin House, Tregolls Road, Truro, Cornwall, TR1 2NA. The term ‘you’ refers to the user of our business or services or viewer of our website.
Terms and Conditions
THESE TERMS OF BUSINESS APPLY TO ALL CONTRACTS FOR SERVICES OR GOODS UNDERTAKEN BY US ON OR AFTER 30th MARCH 2015
Application and Entire Agreement
1. These Terms and Conditions apply to the provision of the services detailed in our Quotation (Services) by us to the person buying the services (you).
2. You are deemed to have accepted these Terms and Conditions when you accept our Quotation or from the date of any performance or part performance of the Services (whichever happens earlier) and these Terms and Conditions and our Quotation and our Method Document (whichever is applicable), (the Contract comprise the entire agreement between us and …………………………………)
3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Terms and Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
4. A ‘business day’ means any day other than a Saturday, Sunday or bank holiday.
5. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
6. Words imparting the singular number shall include the plural and vice-versa.
7. We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and will notify you if this is necessary.
8. We will use any reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the Quotation; however, time shall not be of the essence in the performance of our obligations.
9. All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.
10. You must obtain any permissions, consents, licenses or otherwise that we need and must give us access to any and all relevant information, materials, properties and any other matters which we need to provide the Services.
11. If you do not comply with clause 10, we can terminate the Contract.
12. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).
13. Our Fees for the Services are set out in the Quotation and are on a time and materials basis.
14. In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of the Services.
15. You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 14 also apply to these additional Services
16. The Fees are subject to any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
Cancellation and Amendment
17. We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of fourteen days from the date of the quotation, (unless the quotation has been withdrawn).
18. If you want to amend any details of our Services you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.
19. If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party’s control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
20. We will invoice you for payment of our Fees either:
a. When we have completed the Services; or
b. in accordance with the payment schedule set out in the quotation
21. You must pay our Fees due within fourteen days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
22. Time for payment shall be of the essence of the Contract.
23. Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we reserve the right to charge interest at a rate of 15% over Bank of England base rate from time to time on the amount outstanding until payment is received in full.
24. All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
25. If you do not pay within the period set out in the Quotation we can suspend any further provision of the services and cancel any future service which have been ordered by, or otherwise arranged with, you.
26. We have the right to exercise a general lien upon any vessel and/or its gear and equipment and/or any goods while upon our premises pending payment in full of all sums due to us. For the purposes of this provision, our premises shall be deemed as where the services are provided
27. We reserve the right to charge for storage of any and all goods until paid for
28. Receipts for payment will be issued by us only at your request.
29. All payments must be made in sterling unless otherwise agreed in writing between us.
Sub-Contracting and assignment
30. We can at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights under these Terms and conditions and can subcontract or delegate in any manner any or all of our obligation to any third party.
31. You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under the Contract.
Statutory Rights and Guarantee
32. Nothing in these terms affects the statutory rights of any customer who contracts with us as a consumer. We guarantee our work for a period of 12 months from completion against all defects which are due solely to poor workmanship, unless other coatings work has been carried out by other contractors etc. subsequent to our applications of our systems.
33. We shall be liable under this guarantee only for defects appearing during this period which must be notified to us in writing within 21 days of the date on which they are discovered, failing which this guarantee will be invalidated in respect of such defects.
34. On notification of such defects we will verify their cause and if they are our responsibility under the terms of this guarantee we will promptly remedy those defects or, at our option, we will employ other specialist contractors to do so. We shall have no liability under this guarantee for the cost of remedial work which is put in hand by the customer other than through ourselves and in accordance with the terms of this guarantee.
35. Where we supply goods or services to a customer in the course of his business:
a. No article supplied by us shall carry any express or implied warranty as to its quality or its fitness for any particular purpose unless prior to the supply the customer has sufficiently explained the purpose for which it is required and made it clear that he is relying on our skill and judgment;
b. No proprietary article specified by name, size or type shall carry any such express or implied warranty as to its quality or its fitness for any particular purpose but we will assign to the customer any rights we may have against the manufacturer or importer of that article;
c. Notwithstanding the provisions of Clause 34 above, we accept no liability to a business customer for loss or damage of whatever nature beyond the reasonable cost of rectifying defective workmanship or replacing any faulty or unsuitable article supplied.
36. We will complete our work in reasonable accordance with the agreed specification and, in the absence of any other contractual term as to quality, to a satisfactory quality.
Access to Premises /Work on the Vessel
37. No work (other than that undertaken by us or our employees, agents or sub-contractors) shall be done on the vessel without our 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. Written consent shall be obtained by completing a sub-contractors’ access form available from BlueFin Yachts Ltd. on the occasion of each sub-contractor’s visit to the vessel. The customer shall ensure that any such work, repairs or maintenance does not cause nuisance or annoyance to any other customer or person residing in the vicinity, nor interfere with our schedule of work.
38. Prior written consent will not be unreasonably withheld where:
a) the work is of a type for which we would normally employ a specialist sub-contractor; or
b) 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.
39. We can terminate the provision of the Contract immediately if you:
a. commit a material breach of your Obligations under these Terms and Conditions; or
b. fail to pay any amount due under the Contract on the staged payments or due date for total payment.
c. become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
d. enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
e. convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para.14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
40. We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
Liability and Indemnity
41. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.
42. The total amount of our liability is limited to the total amount of our Fees payable by you under this Contract.
43. We are not liable (whether caused by our employees, agents or otherwise), in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
44. We accept no responsibility for loss, damage or delay arising from any cause whatsoever unless such loss, damage or delay was caused by or resulted from our negligence or deliberate act or that of those for whom we are responsible. Subject to that exception:
a). all vessels and gear are repaired, worked on, moved, stored or otherwise managed and kept at the sole risk of the customer who shall ensure that his vessel and/or property is adequately insured against all risks; he should also ensure that he is adequately insured against third party risks as he may be liable for damage caused by his vessel, himself or his crew while on or about our premises; and
b) all persons entering upon or using any part of our premises, facilities or equipment do so at their own risk.
45. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties), caused by you or your agents or employees.
46. Nothing in these Terms and Conditions shall limit or exclude any liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
Prices and Quotations
47. In the absence of express agreement to the contrary our price for work shall be based on time and materials actually expended on, or used in connection with, the work at our then current hourly rate or price. Unless otherwise indicated, all prices and indications of cost are exclusive of VAT.
48. When we give an indication of cost we will exercise skill and judgment in so doing but we will not be precluded from exceeding that indication of cost where it is necessary for the performance of the Services.
49. Indications of cost are subject always to the accuracy of information provided by the customer and are usually based only on a superficial examination unless we are requested to carry out any necessary opening up or dismantling. Indications of cost will not include the cost of any emergent work, i.e. additional Services found necessary to the vessel and/or gear or equipment during the work, nor the cost of any extensions to the Services comprised in the indication of cost.
50. We will inform the customer as soon as reasonably possible of any proposed increases in indications of cost found to be necessary and the reasons for them and the customer will have the right to cancel the element of work to which the proposed increase relates. In those circumstances the customer’s liability for any work already completed and/or to be completed or goods already supplied and/or to be supplied shall be unaffected.
51. We reserve the right to move any vessel and/or gear at our discretion for reasons of safety or good management.
Circumstances beyond a Party’s Control
52. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the services to be carried out under these Terms and Conditions.
53. All notices under this Contract must be in writing and signed by, or on behalf of, the party giving notice, (or a duly authorised officer of that party).
54. Notices shall be deemed to have been duly given:
a. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient:
b. when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
c. on the fifth business day following mailing, if mailed by airmail
55. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
56. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.
57. If one or more of these Terms and conditions is found to be unlawful, invalid or otherwise unenforceable, that/those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Law and Jurisdiction
58. These Terms and Conditions are governed by and interpreted according to English law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.
Hire and Introduction of Temporary Workers from Blue Fin Yachts Ltd
59. Transfer Fees
The Hirer shall be liable to pay a Transfer Fee if the Hirer engages the Temporary Worker introduced by Blue Fin Yachts Ltd or introduces that Temporary Worker to a third party and that introduction results in an engagement by the third party, within the Relevant Period. The Relevant period is 14 weeks beginning from the first day on which the Temporary Worker supplied by Blue Fin Yachts Ltd worked for the Hirer.
Fees are charged in the following situations:
- temp-to-perm fees – where Blue Fin Yachts Ltd has supplied a temporary worker who is then taken on directly by the hiring company.
- temp-to-temp fees – if the hiring company changes agency but wants to keep on a temporary worker supplied by Blue Fin Yachts Ltd meaning that the worker has to change agency.
- temp-to-third-party fees – if the hiring company introduces a temporary worker supplied by Blue Fin Yachts Ltd to another person that goes on to employ them.
Fees are calculated based on the average weekly charge for the Worker, on a sliding scale and based upon the number of weeks outstanding in the Relevant Period at the time the transfer takes place.
The table below shows the sliding scale: