2 Subject to the express agreement to the contrary any delivery date quoted is given in good faith and is not guaranteed but delivery shall be within a reasonable time of any date specified, bearing in mind all the circumstances of the particular case.

3 This clause applies only where we supply goods to a person who buys in the course of a business (“a business customer”)

4 No article or service supplied by us to a business customer shall carry any warranty or condition of sale, express or implied as to quality, or as fitness for any particular purpose unless the customer when he orders that article sufficiently explains, in writing, the purpose for which it is required and makes it clear that he is relying on our skill and judgement.

5 (a) Customers’, business or otherwise, property passed to us for modification shall not carry any warranty.
(b) No proprietary article ordered from us by name, type and/or size by a business customer shall carry any such warranty or condition of sale, save so far as we can pass on a manufacturer’s warranty.

6 In no event do we accept liability to a business customer for consequential damage beyond replacement of any faulty or unsuitable article or service supplied.

7 In the interests of safety and expedience, we reserve the right to move any vessel and/or gear at our discretion.

8 All persons using any part of our premises and/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 the premises and/or facilities was caused by, or resulted from, our negligence or deliberate act or that of those for whom we are responsible.

9 (a) Subject to paragraph (b) of the Condition no work shall be done o the vessel whilst on our premises or mooring without our prior written consent 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 our premises or mooring or any other person residing in the vicinity. (b) Prior written consent for work to be carried out on our premises will not without good cause be withheld where: - (i) the work to be carried out is work for which we, or our concessionaires or those who normally carry out work on our behalf, would normally employ a specialist contractor or, (ii) the whole of the work 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.

10 Payment. Except in the case of approved Trade Accounts, a 25% deposit is to be paid with the order, the balance payable on notification by the company that the equipment is ready for delivery/collection. Installation charges are payable on completion of the installation. All invoices shall be due immediately on invoice date unless otherwise agreed in writing. Approved trade accounts are payable 30 days after invoice. New Trade Accounts are opened after two satisfactory trade and one banker’s reference have been supplied. We reserve the right to charge interest at the rate of 4% per annum over Lloyds TSB Bank Plc base rate from the date on which payment became due until the date of payment of the balance outstanding

11 Passing of Title. (a) Title in the produce passes to the Customer only when all monies payable under particular Order have been received and all monies under any other Order made to the Customer have been received. Until such time, title in the produces remains vested in us as the Supplier and the Supplier reserves the right to enter onto the Customer’s premises to obtain recovery of goods where title remains vested in the Supplier. (b) In the event that the Customer resells the products the subject, it is a condition that the contract for resale shall expressly reserve the rights of the Supplier to enter the premises of such a purchaser or end user for the purpose of recovering the goods subject to the Order where payment is not effected in full and title is reserved to the Supplier as above.

12 Subject to express agreement in writing to the contrary, all quotations given by us are subject to the cost of labour and materials remaining at the same level as those prevailing at the time of the quotation, and the quoted price shall be increased or decreased by the amount by which the actual cost of labour, materials and overheads has increased or decreased by reason of variation of the aforesaid levels since the date of the quotation. However, the quotation shall not be adjusted to meet increased costs, which would not have occurred, but for our failure to proceed with the work with reasonable despatch.

13 Any quotation is subject to acceptance within seven days from the date thereof.

14 In the absence of any written agreement or arrangement to the contrary, delivery is given at our yard or in the water adjacent thereto.

15 Quotations cover only the work and/or items specified thereon, and all addition, alterations, waiting time and any additional costs due to modified instructions will be charged to the customer at ruling prices. If, in the course of executing any work, we find any defect in a vessel and/or gear that in our opinion should be rectified without delay, and before the Owner’s consent can be obtained, we reserve the right to carry out such necessary repair at our discretion and to charge same to the Owner. Notice of any such rectification will be forwarded to the Owner forthwith.

16 Subject to any agreement to the contrary, we have the right to exercise a general lien upon any vessel and/or its gear and equipment whilst in or upon our premises or afloat at any of our moorings, until such time as any moneys due to us from the Owner in respect of such vessels and/or gear whether on account of storage or mooring charges, work done or otherwise shall be paid.

17 Acceptance by us of goods (including vessels and/or their engines, gear and equipment) for repair or other treatment of for moorings or storage is subject to the provisions of the Tort (Interference with Goods Act) 1977 which confers on us as bailees a right of sale exercisable in certain circumstances. Such sale will not take place until we have given notice to the Owner in accordance with the Act. For the purposes of the Act it is hereby recorded that: (a) goods for repair or other treatment are accepted by us on the terms that the Owner will take delivery of the goods in accordance with Clause 11 of these terms when the repair or other treatment has been carried out; (b) our obligation as custodian of goods accepted for mooring or storage ends upon the expiry or lawful termination of the grant to the Owner of facilities for mooring or storage.

18 Save as provided for business customers under Clause 3, all goods are supplied with the benefit of the appropriate undertakings (particularly as to the conformity of goods with description or sample, and as to their quality or fitness for a particular purpose) which are implied by the Sale of Goods Act 1893 as amended. Nothing in these terms shall affect those statutory rights.

19 Except where notice is required to be given under clauses 12 or 15, and except as regards Clause 14 the word “Owner” shall include a Charterer, Master or Authorised Agent.

20 Subject to express agreement to the contrary all orders written or verbal are accepted on the understanding that the foregoing terms of business shall apply to each and every transaction.