» Terms

SUBJECT TO WHICH ALL WORK IS UNDERTAKEN AND FACILITIES PROVIDED

1. Exclusion of Liability

(a) Quality of workmanship and materials We will put right free of charge any defect in our workmanship or materials that may fall below the standards generally accepted in the ship repairing industry and which is brought to
our attention in writing within 12 months of the date of the invoice covering that work or those materials but we will not in any circumstances be liable for any such defect in any material, equipment or procedures specifically requested by any client against our professional advice or which is not brought to our attention in writing within that time.

(b) Goods supplied Except where the Owner is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12) all warranties conditions or terms relating to fitness for purpose merchantability or condition of any goods supplied by us whether implied by statue or common law or otherwise are excluded.

(c) General Neither we nor our employees shall he liable for any injury loss damage or delay unless the same was caused by our negligence or deliberate act or that of our employees. Subject to that exception all vessels and property entrusted to us are repaired worked on moved stored kept and managed at the sole risk of the Owner. The Owner should therefore ensure that his vessel and property is adequately insured against all risks and that he is himself adequately insured against third party risks and against damage caused by his vessel himself or his crew whilst on or about our premises or in or near the water or other berth in which the vessel may from time to time be moored. We accept no liability for consequential loss or damage. Persons entering on or using our premises or its facilities for whatever purpose and whether by invitation or otherwise shall do so at their own risk and we shall not be liable for any injury loss damage or delay sustained by such persons unless the same is caused by our negligence or deliberate act or that of our employees. Persons so entering on or using our premises or facilities shall themselves be liable for any injury loss damage or delay sustained by us or by our employees or property as a result of such persons negligence or deliberate act.

2. Charging Rates

Our charging rates are as specified here or as quoted separately on application to us by the Owner. We reserve the right to vary our charging rates upwards or downwards and if our work remains unfinished such revised rates will apply to the remaining work and our charges will be apportioned accordingly.