Terms of Business for Creran Marine Ltd
All boats moved by and stored at Creran Marine Ltd are moved and stored under the following terms and conditions
1. Creran Marine Ltd accepts no responsibility for loss, damage or delay (or consequences of delay) to persons or property arising from any cause whatsoever unless such loss, damage or delay was caused by negligence of us the said Creran Marine Ltd or deliberate act by us the said Creran Marine Ltd or any individual employed directly by us the said Creran Marine Ltd. Subject to that exception all vehicles, vessels and all other equipment are stored or otherwise managed and kept at the sole risk of the Owner. Customers (whether Owners or not) should therefore ensure that their vessels and/or property are adequately insured against all risks. Customers (whether Owners or not) should also ensure that they themselves are adequately insured against third party risks as they may be liable for any damage caused by their vessels, themselves or their crew whilst on or about the property owned by us the said Creran Marine Ltd.
2. For the avoidance of doubt, we the said Creran Marine Ltd are not liable in any way for any crane work carried out by contractors including for the avoidance of doubt, but without prejudice to the foregoing generality, any moving of masts using the crane. All such work is carried out by an independent lifting company in accordance with their terms of business.
3. In the interest of safety and expedience, we reserve the right to move any vessel and/or equipment at the sole discretion of us the said Creran Marine Ltd. Unless in an emergency an attempt will be made to contact the owner/customer/agent in the first instance but failure to do so shall not be construed as a breach of these terms of business and no compensation shall be paid and no liability will be made in any way by us Creran Marine Ltd in respect of any movement of vessels and equipment.
4. In all cases our contract to occupy a storage space may be lawfully terminated by notice; declaring that the same shall be deemed lawfully served if served personally or sent by Registered Post or Recorded Delivery service to the last known address in the United Kingdom
of the owner and on fourteen days notice being given.
5. Unless otherwise specified in writing, the terms of payment for facilities provided are Fourteen days from the date of any invoice or before removal of the vessel and/or equipment whichever shall be the earlier. In the event of notice of removal being given but not implemented within fourteen days, we the said Creran Marine Ltd shall have the right thereafter to make reasonable storage charges as appropriate. Interest shall accrue on all Invoices remaining unpaid after a period of thirty days at the rate of 2½% per month commencing at the date of the original date of Invoice.
6. Subject to any agreement to the contrary, we have the right to exercise a general lien upon any vessel or equipment whilst in or upon ground belonging to us the said Creran Marine Ltd until such times as any monies due to us shall have been paid. Declaring that such amount shall include interest payable. If unpaid debt remains unpaid 12 months from the invoice date, Creran Marine Ltd has the right to sell the vessel or equipment towards unpaid monies.
7. If Creran Marine Ltd are asked to launch a vessel on behalf of a customer then the customer should ensure that all seacock’s are closed, and any logs, bungs etc fitted and sealed. Creran Marine Ltd will open the engine seacock to start engine and motor to mooring then close engine seacock again. Creran Marine Ltd will not be held responsible for the consequences of any faulty fittings causing water to enter the vessel.
8. Winter storage fees are non-refundable once the vessel has been lifted out of the water.
9. All vessels must be fully insured and have cover for third party liability.
10. All lifting will be subject to weather and tides.
11. Vessels should have lifting points clearly marked.
12. Masts should be prepared for removal, i.e. sails booms and other loose equipment removed and wiring disconnected.
13. Sub-contract Labour is only permitted on the premises with prior agreement and all such contractors must carry suitable indemnity insurance.
14. L.O.A is the maximum length of any vessel.