Boat Services Terms and Conditions
These Terms and Conditions apply to boat services, repair work, maintenance, refit work, storage, handling, and related services provided by Midway Boats Group. They are intended as a working draft for this website and should be reviewed before use on a live production site.
1. Liability
1.1 We shall not be liable for any loss, damage, delay, cost, or expense caused by events beyond our reasonable control, including severe weather, flooding, fire, theft by third parties, interruption of utilities, acts of public authorities, or defects in a customer’s vessel, equipment, gear, or other property.
1.2 We will take reasonable and proportionate steps to maintain security at our premises and to keep our facilities and equipment in reasonably good working order. However, unless loss or damage is caused by our negligence or other breach of duty, vessels, equipment, gear, and other property remain at the customer’s risk while on our premises or in our custody.
1.3 We are under no duty to salvage, protect, preserve, or secure a customer’s vessel or property from the consequences of inherent defects, accidental damage, weather events, or third-party actions unless we have been specifically engaged to do so. If we do act in an emergency or where safety, property, or the environment is at risk, we may charge for that work at our normal commercial rates.
1.4 Customers are responsible for any loss or damage caused by themselves, their crew, representatives, contractors, or vessels while on our premises or using our facilities.
1.5 Customers must maintain appropriate insurance, including adequate cover for their vessel, contents, equipment, and third-party liability. We may request evidence of such insurance at any time.
2. Basis of Contract
2.1 Any estimate, quotation, booking request, or order submitted to us shall be treated as an offer by the customer to purchase services in accordance with these terms.
2.2 A contract shall only come into existence when we confirm acceptance in writing, by email, invoice, booking confirmation, work schedule, or other written acknowledgement.
2.3 These terms constitute the entire agreement between the parties unless expressly varied in writing.
2.4 Any brochures, images, website descriptions, illustrations, or promotional material are provided for general guidance only and do not form part of a binding contract.
2.5 These terms apply to the exclusion of any other terms the customer seeks to impose unless we have agreed otherwise in writing.
3. Prices and Estimates
3.1 Unless otherwise agreed in writing, our charges are based on labour, time, materials, parts, services supplied, subcontractor costs, lifting, storage, and any specialist equipment required.
3.2 We exercise reasonable skill and judgement when preparing an estimate or quotation. However, estimates are based on the information available at the time and may not include hidden defects, additional work, dismantling, remedial work, or changes requested later by the customer.
3.3 If further work or additional cost becomes necessary, we will notify the customer and seek approval before continuing wherever reasonably practicable. The customer remains liable for work already completed and materials already ordered or supplied.
3.4 Any deposit requested by us may be used to reserve workshop time, labour capacity, parts, or materials. Unless we agree otherwise in writing, deposits are non-refundable.
4. Delays
4.1 Any timeframe given for completion is an estimate only and is not guaranteed.
4.2 We shall not be responsible for delays caused by weather, supplier issues, hidden defects, access restrictions, customer instructions, changes to the scope of work, third-party contractors, or any cause beyond our reasonable control, unless the delay arises directly from our negligence or wilful default.
5. Vessel Movements
5.1 We reserve the right to move, reposition, launch, lift, tow, or otherwise relocate any vessel, equipment, gear, or property on our premises where reasonably required for safety, security, access, operational efficiency, environmental protection, or general site management.
6. Customer Obligations
6.1 The customer must ensure that all information provided to us is accurate, complete, and up to date.
6.2 The customer must cooperate with us in relation to the work and provide access, documentation, keys, instructions, permissions, and decisions as reasonably required.
6.3 The customer must obtain and maintain any licence, consent, authority, or permission required for the vessel, its use, and the work to be carried out.
6.4 The customer must remove or securely protect loose, valuable, fragile, or personal items before work begins. If we remove, store, or protect such items on the customer’s behalf, we may charge for that additional work.
6.5 If our performance is prevented or delayed by any act, omission, or default of the customer, we may suspend the work, extend timescales, and recover any additional costs reasonably incurred.
7. Payment
7.1 Unless otherwise agreed in writing, payment is due immediately on the invoice date.
7.2 Payment is treated as made only when cleared funds have been received by us.
7.3 We reserve the right to charge interest on overdue sums at 4% above the Bank of England base rate, or such other rate as may be applicable by law, from the due date until payment is made in full.
7.4 We reserve a general lien over any vessel, equipment, gear, or other property in our possession until all sums due to us have been paid in full, including storage charges and any ongoing costs reasonably incurred.
8. Retention of Title and Risk
8.1 Title to goods, parts, materials, and equipment supplied by us shall remain with us until we have received full payment in cleared funds.
8.2 Risk in goods, parts, materials, and equipment supplied by us shall pass to the customer upon delivery, collection, installation, or supply, whichever occurs first.
9. Acceptance of Work
9.1 For major works, paintwork, refits, or similar projects, we may ask the customer to inspect the work and confirm acceptance.
9.2 If no complaint is made within 5 working days of completion, collection, delivery, or notification that the work is complete, the work may be treated as accepted, subject to the customer’s statutory rights.
10. Guarantee
10.1 If the customer is a consumer, nothing in these terms affects their statutory rights.
10.2 Subject to the nature of the work, we may provide a workmanship guarantee for a stated period from completion. Any such guarantee applies only to the original customer and only where defects are promptly notified to us in writing.
10.3 We shall have the opportunity to inspect any alleged defect and, where we accept responsibility, to remedy the issue ourselves or appoint others to do so.
10.4 Any remedial work arranged by the customer without first giving us a reasonable opportunity to inspect and respond may invalidate any guarantee in relation to that issue.
10.5 Paintwork and coatings may be affected by surface condition, preparation, environmental conditions, prior treatments, and ongoing maintenance. Any guarantee for such work is limited accordingly.
11. Access to Premises and Work by Others
11.1 No work may be carried out on a vessel or other property at our premises by the customer or any third party without our prior consent, except minor routine tasks expressly permitted by us.
11.2 Any person attending our premises must comply with all health and safety, environmental, access, and site rules in force at the time.
11.3 While we or our subcontractors are working on a vessel or equipment, customer access may be restricted for safety and operational reasons.
12. Right of Sale
12.1 Where the customer fails to collect a vessel, equipment, gear, or other property, or fails to pay sums due, we reserve all rights available to us under applicable law, including any right to give notice, charge storage, and ultimately dispose of or sell property where legally permitted.
13. Subcontracting
13.1 We may subcontract all or part of the work. Where we do so, we remain responsible for the services we have agreed to provide, subject to these terms.
14. Notices
14.1 Notices to the customer may be given personally, by post, by email, or by any contact method the customer has provided to us.
14.2 Notices to us should be sent using the contact details published on this website unless we notify the customer otherwise.
15. Law and Jurisdiction
15.1 These terms and any contract to which they apply are governed by the laws of England and Wales.
15.2 The courts of England and Wales shall have jurisdiction in relation to disputes arising from these terms, subject to any rights a consumer may have under applicable law.
16. Dispute Resolution
16.1 If a dispute arises, both parties should first try to resolve it through good faith discussion.
16.2 If a dispute cannot be resolved informally, the parties may agree to mediation or another alternative dispute resolution process before court proceedings are started.
17. Important Note
These Terms and Conditions are a general draft for website use and may need to be tailored for your exact services, marina operations, repair scope, storage arrangements, insurance requirements, and business structure before being published on a live public website.