Cornish Marine – Terms of Business (Work, Servicing, Storage & Yard Services)

These Terms of Business (“Terms”) apply, unless otherwise agreed in writing, to and form part of all agreements for work to be carried out by Cornish Marine (“We / Us / Our”) and shall be read in conjunction with and form an integral part of any estimate, specification, quotation, job card, invoice or other contractual document.

Acceptance by the Owner of any offer to perform Work, whether in writing, verbally, or by the commencement of Our Work, shall be deemed acceptance of these Terms.
The Owner shall procure that its agents, employees, crew and contractors are bound by these Terms insofar as applicable to them.

Definitions

We / Us / Our: Cornish Marine and its employees and contractors
Completion of Work: as defined in clause 1.4
Length Overall (LOA): the total length of the Vessel including all extensions, appendages, tenders, platforms, davits, anchors and projections. Measurements are rounded to the nearest whole foot (under 6” down, 6” and above up)
Marina: any marina, boatyard or harbour premises used in connection with the Work
Marina Terms: the applicable marina or harbour operator’s published terms and conditions
Owner: the legal or beneficial owner of the Vessel or the person instructing Us
Owner’s Contractors: third parties engaged by or on behalf of the Owner
Owner’s Supply Items: goods or equipment supplied by the Owner or third parties
Premises: any premises, yard, marina or storage location used by Cornish Marine
Vessel: the boat or equipment on which We perform Work, including all onboard items and appurtenances
Warranty Work / Warranty Period: as defined in Clause 8
Work: all labour, services, goods, materials, storage or facilities supplied by Us
You / Your: the Owner, including crew and representatives

1. Performance of Our Work

1.1 We will carry out Work in accordance with the agreed specification and with reasonable care and skill.
1.2 Any timescales provided are estimates only and not guaranteed.
1.3 The Owner confirms that no reliance is placed on verbal representations.
1.4 Completion of Work occurs on the date the Work is completed and tested, or when Work ceases for any reason.
1.5 Any person instructing Work who is not the Owner is bound by these Terms and shall ensure the Owner is also bound.

2. Liability

2.1 Our scope of Work is strictly limited to that described in estimates, specifications and invoices.

2.2 In carrying out Work, We accept no responsibility unless caused by Our negligence or wilful default, including but not limited to:

latent or unrelated defects
Owner-supplied designs, drawings or instructions
damage arising from dismantling or reassembly
Owner’s Supply Items
Work performed or paid for by third parties
trials, testing or vessel movements (at Owner’s risk)

2.3 Where Work is supplied in the course of business, no implied warranties apply.

2.4 We exclude liability for:

indirect or consequential loss
loss of profit, charter income or use
economic loss

2.5 Our liability is limited to rectification of defective workmanship or replacement of defective materials supplied by Us.

2.6 Nothing limits liability for death, personal injury, fraud, or non-excludable statutory rights.

2.7 Statutory limitation rights are reserved.

2.8 The Parties agree these limitations are reasonable and proportionate.

3. Work by Others

3.1 Third-party contractors may only work with approval and must hold adequate insurance.
3.2 Cornish Marine accepts no responsibility for Owner’s Contractors.
3.3 Owners and crew may carry out minor routine maintenance only if it does not interfere with Our Work.

4. Owner’s Responsibilities

The Owner shall:

provide accurate and complete vessel information
ensure adequate insurance is in place
warrant the suitability of cradles, trailers or supports
comply with marina, health & safety and COSHH requirements
accept all risks associated with storage, movement and Work
ensure proper waste disposal and environmental compliance
comply with VAT, customs and regulatory requirements

Failure to do so entitles Us to recover any costs incurred.

5. Indemnity

The Owner shall indemnify Cornish Marine against any third-party claims arising from matters excluded or limited by these Terms, including breaches by the Owner or their agents.

6. Prices and Estimates

6.1 Prices are based on time and materials unless agreed otherwise and exclude VAT.
6.2 Estimates are non-binding and based on limited inspection.
6.3 Additional or emergent Work may be charged without prior notice.

7. Payment

7.1 Payment is due immediately on invoice or prior to vessel departure.
7.2 Large works may require deposits and staged payments.
7.3 Late payment attracts interest at 2% per month and entitles Us to suspend Work.
7.4 We reserve a general lien over the Vessel and equipment until paid in full.
7.5 Storage and berthing charges continue during any suspension or lien.

8. Warranty

8.1 We warrant Our Work for 12 months from Completion against defective workmanship or materials supplied by Us.
8.2 Defects must be notified in writing within 14 days of discovery.
8.3 Manufacturer warranties apply where relevant.
8.4 Warranty Work is carried out at Our Premises; transport is at Owner’s cost.
8.5 Wear and tear, misuse, third-party work and marine perils are excluded.
8.6 Liability is limited to Our cost of rectification.
8.7 All invoices must be paid before Warranty Work is undertaken.

9. Sale of the Vessel

9.1 Where Cornish Marine is a broker, Owners may use other brokers but must give Cornish Marine equal opportunity to act.
9.2 Viewings must be managed professionally and insured.
9.3 A commission of 1% of gross sale price is payable if a sale occurs whilst the Vessel is at Our Premises other than through Cornish Marine.
9.4 No unauthorised brokers may solicit business on Our Premises.

10. Right of Sale

10.1 We reserve rights under the Torts (Interference with Goods) Act 1977, including sale for non-collection or non-payment following notice.

11. Vessel Movements

11.1 We may move the Vessel or equipment for safety or operational reasons.

12. Authorisation

12.1 Instructions from skippers, engineers, managers or professional representatives shall bind the Owner unless advised otherwise in writing.

13. Law, Jurisdiction & Time Limits

13.1 English law applies.
13.2 Claims must be commenced within 24 months of Completion of Work (personal injury excepted).

14. Miscellaneous

No waiver by inaction
Notices may be served by post or email
Severability applies
Third-party rights excluded
We may amend these Terms for legal, safety or operational reasons