updated on 11/11/2022
Terms & Conditions
Rudders Boatyard Ltd
General Terms (All Facilities)
The Organisation’s prime concerns when making these rules are the safety of everyone using
Rudders Boatyard, moorings, pontoons, slipways, their vessels and property and the conservation of the environment.
Definitions
Where the following words appear in these Conditions, the Contract and the Regulations they shall have these meanings:
- In Writing means by email or letter.
- Company means Rudders Boatyard Ltd
- A Contract is deemed in place between the Company and a Customer when:
- Payment is made for an invoice, either in full or in part
- A deposit is paid
- The arrival of a vessel, its’ gear or equipment on the Premises
- Confirmed booking of a service with the Company.
- Annual Contracts mean a contract term that runs for 1 full calendar year.
- Seasonal Contracts mean either Launch Service (1st April to 30th September) or winter storage (1st October to 31st March).
- Berthing Contract means the agreement between The Company and The Owner, which is in place on payment of a security deposit or at the time of the vessel, gear or equipment being on Company premises.
- Berth relates to the shore, pontoon or mooring
- Shorter Term Contracts refers to ad-hoc, visitors, storage ashore or other berthing at less than 6 months in length.
- Company Premises means any area of land, sea or moorings owned or leased by Rudders Boatyard Ltd
- Services means any provision of work by The Company or its’ staff as detailed in our price list or that is not included within an already paid for facility.
- Water Toy refers to jet skis, SUPs, kayaks or any other significant object that requires additional storage.
- Commercial Usage refers to any operation involving other persons having use of the Vessel in return for value.
Safety & Environment
Spillages
The Owner or their agents shall not permit the discharge of any sewage, rubbish, fuel, oil or other pollutant from the vessel. As part of our environmental policy, all spillages must be reported to a member of staff or the boatyard office immediately. Absorbent materials must be carried onboard to mop up any minor fuel or oil spillages.
In Case of an Emergency
In case of an emergency occurring outside of declared opening/business hours and when a member of the Organisation’s staff is not in attendance, please call the Coastguard on VHF Channel 16 or DSC or dial 999 and ask for the Coastguard. They will make contact with the Director or to assist with the incident, if required.
Salvage
The Organisation will not be under any duty to salvage or preserve the Vessel or other property from the consequences of any defect in the Vessel or property concerned unless the Organisation has been expressly engaged to do so by the Owner on commercial terms. Similarly, the Organisation will not be under any duty to salvage or preserve the Vessel or other property from the consequences of an accident which has not been caused by negligence or other breach of duty on the part of the Organisation. Nevertheless, the Organisation reserves the right to do so in any appropriate circumstances, particularly where a risk is posed to the safety of people, property or the environment. Where it does so, the Organisation will be entitled to charge the Owner on a normal commercial charging basis and, where appropriate, to claim a salvage reward.
Drogues
The Owner shall be responsible for ensuring that any high sided/shallow draft/low displacement vessel (such as lightweight fishing/river cruisers) on their mooring responds to wind/tide in a similar manner to neighbouring vessels by deploying a sea drogue if required. We may, at any time, direct that a sea drogue must be used by a given vessel on a given mooring.
Animals/Pets
Animals on all Organisation property must be always kept under control. Dogs must be kept on leads at all times except where on a Vessel, in a Vehicle or with permission to be off lead by a member of staff. Animals should not be left unattended in vehicles parked on Organisation property. Users must ensure that fouling on Organisation property by their animals is cleared up & disposed of immediately and appropriately. If fouling is not cleared and disposed of we reserve the right to charge users for any clean-up costs.
Building and facilities Access Codes
Access codes and customer codes must be kept secure, if we have evidence of codes being distributed, we reserve the right to cancel any agreement with immediate effect.
Payment
Contracts, storage and services will be subject to the prices applicable at the date of service or commencement of the contract.
The deposit payment will be designated for a particular contract option and not for a specific space/mooring allocation.
Deposits are non-refundable if the contract is cancelled, unless at the discretion of the Company.
When berths are subsequently paid for in full in advance, the deposit is deductible from the berthing invoice.
The deposit amount payable may be updated at any time.
Contracts are payable as detailed on the invoice.
Services are payable as detailed on the invoice.
Water Toy & Hire and RYA course invoices are all payable in advance.
All contract fees are strictly non-refundable.
Where a customer delays in payment for more than 30 days or withholds more than a proportionate sum against rectification of any alleged defects we reserve the right to charge interest
on the outstanding amount at 2% over Barclays Bank Plc base rate, to be calculated monthly.
Any debt collection services that are required to be used to recover outstanding invoices, will be fully recoverable.
Vessel Name
The Owner must display Vessel’s Name. The vessel must be clearly marked with its name and sticker, if issued, by the Organisation. The vessel berthed must be formally registered and any change in vessel details must be confirmed before being placed on a facility.
Vessel Details/Length
The overall length of the vessel using the berth shall not exceed the authorised length of the mooring. We reserve the right at any time during the period of the agreement to measure the vessel and charge the Owner additional berthing fees if the vessel’s overall length is greater than the length stated in the Contract.
The declared lengths of each swinging mooring are carefully assessed to minimise the consequences of swinging circles which overlap and provide clear swinging room for the vessels under contract to use the moorings under normal circumstances. Collisions can still occur in adverse tides and wind, these should be reported immediately to the Organisation in writing so any circumstances which become apparent which might cause damage to any vessel or moorings are notified. In accepting a mooring, a vessel’s owner must accept this possibility and indemnify the Organisation against claims for damage so caused. The owner must ensure they carry insurance that covers swinging mooring risks.
The overall length of the vessel for all purposes includes the overall hull length; defined as the longitudinal distance between the aftermost point and foremost point of vessel. This does include; any hull appendages, sails, rig, mizzen or main boom, rudder, davits, fittings including raised outboard engines and swim platforms/ladders that are normally present when the vessel is moored or berthed. Hull weight and an assessment of the windage of a vessel may be made and this may affect the type of berth or mooring provided; an additional charge over standard charges may be made and a charge levied. It does include the bowsprit if the bowsprit extends beyond the mooring buoy.
Other Vessel Conditions
• The berth/ Mooring shall be used for a single vessel by the main owner.
• The Owner must always ensure that the Vessel is maintained in a clean and tidy
state and in a seaworthy or navigable condition (as appropriate). If the owner’s vessel is not maintained in a clean and tidy state and in a seaworthy or navigable condition (as appropriate) at all times and may present a risk to safety or a risk to safe navigation, or affect the commercial operation of the Organisation’s facilities, the Organisation reserves the right to lift the vessel and place it ashore and a charge for this service will be made. Where practicable we will give you notice of our intention to lift the Vessel and an opportunity for you to do the necessary work to make the vessel sound and seaworthy. The vessel will not be returned to the berth until we have been satisfied that the vessel is a clean and tidy state and in a seaworthy or navigable condition and poses no threat to safety or safe navigation and we may require you to commission a survey report (at your expense) to demonstrate that it is sound and seaworthy. We reserve the absolute right to determine the suitability of the vessel for the facilities being provided.
• The Owner or their agent uses the berth/mooring entirely at his/her own risk and the Organisation accepts no responsibility for the safety of the vessel berthed/moored.
• Launch service vessels are to be privately owned by one owner unless agreed in writing, we reserve the right to charge an extra fee if there is evidence of a vessel on the launch service being shared. Only the primary owner will receive any notifications, bills and updates.
The Owner or their agent shall ensure in relation to any vessel:
• warrant to the Organisation that it has (and will continue to have throughout the Contract) adequate insurance for the vessel (and any damage to other waterway users). The Owner or their agent shall produce evidence of such insurance upon request by the Organisation.
• not permit the use of any noisy or noxious apparatus on the vessel.
• that all parties using the vessel do not behave in such a way as to cause a nuisance, disturb or otherwise offend others.
• Owners or their representatives must check on the safety and security of their
vessel, we recommend this is at least fortnightly. In particular before and after heavy wind or storm conditions.
• halyards and other rigging/ wind turbines shall be secured or silenced so as not to cause a nuisance or
annoyance to others.
• vessels moving in the Haven shall be handled in a seamanlike manner and
observe all speed limits and bye-laws. Kill cords, where applicable, should be worn at all times whilst a vessels engine is running. Lifejackets should be worn on vessels at all times whilst not at berth/mooring.
• that their exposed propeller does not cause damage to another vessel. The organisation may request or act upon request from a third party, to require a customer to protect any exposed propeller as a condition of their contract.
• It is the Owners responsibility to ensure the vessel is kept safe and regularly emptied of water. If a vessel is deemed unsafe due to the amount of water inside the hull, the Organisation may take steps on safety grounds to pump the vessel and may then charge for this work.
• The Owner must ensure that, while moored within the Boatyard, the Vessel is appropriately secured using such number of fenders and warps of sufficient size and strength and in such configuration as may be appropriate to the Vessel, the mooring, and the anticipated weather conditions. Unless otherwise agreed by the Organisation, such fenders and warps shall be provided by the Owner.
Vessel Movements
• The Organisation reserves the right to move the Vessel and any associated gear and equipment at any time for reasons of safety, security or good management of the Boatyard Premises.
• Where a specific date or tide range for launch of the Vessel has been agreed between the Owner and the Organisation at the time of lifting in or lifting out (or arrival by land), the Organisation's published scale of charges for vessel movements will apply. Where the Owner requests a different date or tide range the Organisation reserves the right to charge the Owner for the cost of moving other vessels to gain access to the launch point and for any attendant expenses, such as crane hire. The Organisation will provide the Owner with an estimate of such costs and charges prior to incurring them.
Insurance & Liability
The Organisation will not be liable for any loss or damage of whatsoever nature caused by events or circumstances beyond its reasonable control (such as adverse weather conditions, the actions of third parties or any defect in the Owner's or any third party's property); this extends to loss or damage to the Vessel, its gear, equipment or other property whilst in the Boatyard Premises and to harm to persons entering the Boatyard Premises and/or using any of the Organisation's facilities or equipment therein
The Organisation will take reasonable and proportionate steps (having regard to the nature and scale of the Boatyard Premises and the Organisation's business) to maintain security at the Boatyard Premises and to maintain the facilities and equipment at the Boatyard Premises in reasonable working order. In the absence of any negligence or other breach of duty on the part of the Organisation, however, the Vessel, its gear, equipment and other property remain at the Owner's own risk and the Owner should ensure that their own personal and property insurance adequately covers such risk.
The Organisation will not be under any duty to salvage or preserve the Vessel or other property from the consequences of any defect in the Vessel or property concerned unless the Organisation has been expressly engaged to do so by the Owner on commercial terms. Similarly, the Organisation will not be under any duty to salvage or preserve the Vessel or other property from the consequences of an accident which has not been caused by negligence or other breach of duty on the part of the Organisation. Nevertheless, the Organisation reserves the right to do so in any appropriate circumstances, particularly where a risk is posed to the safety of people, property or the environment. Where it does so, the Organisation will be entitled to charge the Owner on a normal commercial charging basis and, where appropriate, to claim a salvage reward.
The Owner must and must ensure that any other person on board or accessing the Vessel while in the Boatyard Premises (excluding the Organisation) does, comply with all applicable laws when in the Boatyard Premises.
Where a Vessel is launched on the Launch service, the Company is not responsible for ensuring the person using the Vessel is authorised by the Customer. Customers are reminded to use the Launch form, with the associated password/ID, which should be kept protected. If The Customer requires the password to be changed or is concerned about the security of the Vessel, it is their responsibility to make the Company aware.
The Owner must maintain adequate insurance in relation to the vessel, including third party liability cover for not less than £3,000,000 cover against wreck removal and salvage and, where appropriate, Employers’ Liability cover to at least the statutory minimum. The Owner must produce evidence to the Organisation of such insurance within 7 days of a request to do so.
Any damage caused by the Company to a vessel should be notified to the Boatyard Office as soon as possible in writing. No liability can be admitted by any employee other than a Director of the Company. A maximum repair contribution of £250 plus VAT will be made towards any admitted liability of damage to a vessel.
Vessel & pennant check
Owners or their representatives must check on the safety and security of their vessel, we recommend this is at least fortnightly. In particular, before and after heavy wind or storm conditions.
Owners or their representatives are responsible for ensuring pennants are not damaged, any damage must be reported to the boatyard office in writing. The company will provide new pennants at no cost unless damage has been caused by misuse.
Facilities
Ladder access
Owners should be aware of the risks of accessing their vessels via the quayside ladders. Great care should be taken when climbing up and down the ladders and persons using them must ensure that they are medically fit to do so. Supplies and equipment should not be carried on the ladders, instead the vessel should be moved to a safer access location. Any damage to ladders should be reported to the Organisation. Ladders should not be used if they appear to be damaged or defective.
Photography/CCTV
The Organisation may from time to time take photography or video that captures scenes for promotional purposes. The Organisation operates CCTV Surveillance Cameras for security and safety purposes in accordance with the CCTV Code of Practice and the Data Protection Act.
Commercial & Residential Use
The Owner must not (and must not allow anyone else to) use the Vessel for any commercial or residential purpose while on any berth, in the Boatyard Premises or on a mooring without obtaining the Organisation’s prior written consent, which may be withheld in the Organisation’s absolute discretion or granted on such terms as the Organisation sees fit. We reserve the right to charge an additional fee for granting this consent. We reserve the right to pass specific residential charges to owners e.g., Council tax
For the avoidance of doubt:
• use of the Vessel to provide overnight accommodation in exchange for
payment or a reciprocal arrangement is deemed to be commercial use; and
• the Vessel is deemed to be used for residential purposes if, amongst other
things, the Owner (or anyone else):
a) uses the Vessel as their principal or main place of residence; or
b) stays on board the Vessel for in excess of an average of three nights per
week over a twelve week period; or
c) uses the Organisation’s offices at the Boatyard Premises as their mailing
address
Vacant facilities
The Organisation is entitled to make use of the Berth whilst it is left vacant by the Owner.
Electricity Provision
Where electricity is available to berths, permission must first be given by The Company to obtain access.
Prior to using electricity, a meter reading must be taken by a member of the team.
Electricity invoices will be raised at least monthly, or once usage has finished detailing the units used during the period and charged at current rates. A standing charge will also be applicable to all electricity invoices.
The Company reserves the right to disconnect Vessels if it is believed they pose a Health & Safety risk or are causing a fault to the electricity circuits. Although The Company will do its’
best to inform the Customer of a disconnection, it may not always be possible to do so.
It remains the Customer’s responsibility to ensure the Vessel is connected adequately and The Company accepts no responsibility for loss or damage to the Vessel, equipment or gear if
the connection is unplugged for any reason. Customers have the right to secure the connection but it The Company reserves the right to break such security if it necessary to do so as per the right to disconnect.
Storage
The Owner must stow any dinghies, tenders, or rafts within the dinghy rack provided at all times. They must be clearly labelled with Vessel/Owner name.
Subject always to the availability of parking spaces, the Owner and their crew and guests may only park vehicles in the Boatyard Premises in accordance with the directions of the Organisation. The Owner must not (and must not allow anyone else to) use a vehicle parked in the Boatyard Premises for any commercial purpose or for overnight accommodation. If customers are going to be leaving vehicle at the boat yard overnight, it must be parked in the layby at the top of the hill. Vehicles must not be parked anywhere that can prevent boatyard operation of machinery/access.
Whilst stored ashore Vessels with fin/long keels must be supported by metal stands hired from Rudders Boatyard, or you can provide your own, but these must be approved by the Organisation.
Access to & work on the vessel
The Owner must not (and must not allow anyone else to) undertake any work on the Vessel, its gear, equipment or other goods while on the Boatyard Premises without the Organisation’s prior written consent, other than minor running repairs or minor maintenance of a routine nature carried out by the Owner, their regular crew or members of their family not causing any nuisance or annoyance to any other users of the Boatyard Premises or any other premises or any person residing in the vicinity, nor interfering with the Organisation’s schedule of work, nor involving access to prohibited areas. The Organisation’s consent will not be unreasonably withheld.
The Organisation may prohibit the Owner from accessing the Vessel while it is stored ashore at any time.
Vessel Movements
The Company reserves the right to move any vessel, gear, equipment or other goods at any time for reasons of safety, security or to assist with our operations.
Where the Company or its staff move and secure a Vessel on behalf of The Owner, it is the responsibility of The Owner to check on such Vessel to ensure this has been done as per their
requirements.
Key Policy
Customers may leave a set of Vessel keys with the Company at their discretion, subject to the Key Policy currently in place.
The Company has the right to retract this facility at any time.
The Company accepts no responsibility for the loss of keys and does not guarantee the hours at which keys will be available.
Once keys have been ‘signed out’ by a permitted person, it is not The Company’s responsibility to subsequently ensure the keys are returned.
Termination by Organisation
The Organisation has the right (without prejudice to any other rights in respect of breaches of the terms of the Contract by the Owner) to terminate the Contract in the following manner in the event of any breach by the Owner of any term of the Contract or these Conditions:
Having regard to the nature and seriousness of the breach and the risk it poses for the financial or other security of the Organisation and/or of the Organisation’s customers and if the breach is capable of remedy, the Organisation may serve notice on the Owner specifying the breach and requiring them to remedy the breach within a reasonable time specified by the Organisation. Where the breach is serious or poses an immediate risk or threat to the health, safety or welfare of any other person or property the time specified for remedy may be immediate or extremely short.
If having been served with notice the Owner fails to effect a remedy within the specified period of time, or if the breach is not capable of remedy, the Organisation may serve notice on the Owner requiring them to remove the Vessel from the Boatyard Premises immediately.
If the Owner fails to remove the Vessel on termination of the Contract (whether under this Condition or otherwise), the Organisation will be entitled:
• to charge the Owner at the Organisation’s 24 hour rate for overnight visitors for each day between termination of the Contract and the actual date of removal of the
Vessel from the Boatyard Premises; and/or
• at the Owner's risk (save in respect of loss or damage directly caused by the
Organisation's negligence or other breach of duty during such removal) to remove the Vessel from the Boatyard Premises and thereupon secure it elsewhere and charge the Owner with all costs reasonably arising out of such removal including alternative berthing fees.
• Any notice of termination served by the Organisation under this Condition may be served personally on the Owner, sent by registered post or recorded delivery service to the Owner‘s last known address or sent to the email address (if any) set out in the Contract.
• The Contract will terminate immediately and without notice on the death of the Owner. If the Owner’s representatives do not either enter into a new Contract with the Organisation or remove the Vessel from the Boatyard Premises then Condition 9 will apply as if references to the “Owner” were references to the "Owner’s representatives”.
• The Contract will terminate immediately and without notice on the disposal of the Vessel by the Owner.
Termination by Owner
The Contract may be terminated on three months' written notice being given by the Owner to the Organisation. In this event the Organisation will be entitled to recalculate the Contract Fee using the rate or rates that would have been applicable to the actual period of the Contract instead of the annual rate; the amount so calculated not to exceed the annual rate originally agreed. If this recalculation results in a balance payable to the Organisation, then the Owner must pay that balance before removing the Vessel from the Boatyard Premises. If there is a balance in favour of the Owner, the Organisation will pay it to the Owner upon the departure of the Vessel from the Boatyard Premises
Any notice of termination served by the Owner under this Condition must be served at the Organisation's principal place of business or registered office or sent to the email address (if any) set out in the Contract.
Rights of sale & of detention
1 The occupation of the Berth by the Vessel is subject to the provisions of the Torts (Interference with Goods) Act 1977. This Act confers on the Organisation a right of sale in circumstances where the Owner fails to collect or accept re-delivery of the Vessel (and/or any other property left in the Boatyard Premises) following termination of the Contract. Such sale will not take place until the Organisation has given notice to the Owner in accordance with the Act. For the purpose of the Act it is recorded that:
2 The Contract is granted to the Owner by the Organisation on the basis that the Owner is the owner of the Vessel or the owner's authorised agent and that the Owner will take delivery or arrange collection of the Vessel (and/or any other property left in the Boatyard Premises) following termination of the contract.
3 The Organisation’s obligation as custodian of the Vessel (and/or any other property left in the Boatyard Premises) ends on its notice to the Owner of termination of that obligation.
4 The place for delivery and collection of the Vessel (and/or any other property left in the Boatyard Premises) shall be at the Boatyard Premises, unless agreed otherwise.
Advice regarding the Act may be obtained from the Citizens Advice Bureau, Law Centre or any firm of solicitors
Maritime Law entitles the Organisation in certain other circumstances to bring an action against the Vessel to recover a debt or damages. Such action may involve the arrest of the Vessel through the Courts and its eventual sale by the Court. Sale of the Vessel may also occur through the ordinary enforcement of a judgment debt against the Owner.
The Organisation reserves a general right (“a general lien”) to detain and hold onto the Vessel or other property pending payment by the Owner of any sums due to the Organisation. If the Contract is terminated or expires while the Organisation is exercising this right of detention it shall be entitled to charge the Owner at the Organisation’s 24 hour rate for overnight visitors for each day between termination or expiry of the Contract and the actual date of payment (or provision of security) by the Owner and removal of the Vessel from the Boatyard Premises. The Owner shall at any time be entitled to remove the Vessel or other property upon providing proper security, for example a letter of guarantee from a bank or a cash deposit sufficient to cover the debt with interest, and where the debt is contested a reasonable provision for the Organisation’s prospective legal costs.
Notifications
All mooring failures or issues must be reported immediately to the Organisation below in writing. Owners or their agents should always inform the Organisation of any reports of contact or near contact with adjacent vessels or other damage to their vessels or moorings.
Communication with the Organisation
Written communications are to be sent to: Rudders Boatyard, The Hawn, Church Road, Burton, Milford Haven, SA731NU
The email address is info@ruddersboatyard.co.uk