Terms & Conditions of Service

1. Definitions * “The Yard”, “We” and “Us”  : Refers to Cowes Boatyard, its
owners, employees and agents. “Customer” and “You”: Refers to the
individual, company or entity contracting services with Cowes Boatyard and
include owner(s) of the vessel. * ”Vessel” Refers to any boat, yacht, ship or
watercraft, its tender, engine and all associated equipment and contents placed
in The Yards premises or using its facilities. * ”Services” : Refers to all services
provided by The Yard, including but not limited to, berthing, storage and any
other association. * “Premises”  : Refers to all land water, buildings, pontoons,
docks, and other facilities owned leased or operated by Cowes Boatyard.

2. Acceptance of Terms * These terms and conditions apply to all contracts for
services entered into between The Yard and the customer. *Acceptance of
these Terms and Conditions is implied by, but not limited to, the booking of any
service, placing a vessel on the premises or making any payment for services.

3. Payment Terms * Invoicing : All invoices are due for payment within 30 days of
the invoice date. * Late Payment : The Yard reserves the right to charge interest
on the overdue amount at a rate of 8% per annum above the Bank of England bse
rate, calculated daily from the due date until the date of full payment, pursuant
to the Late Payment of Commercial Debts (interest) Act 1998. * Suspension of
Services : In the event of non-payment, The Yard reserves the right to suspend or
cease all services to the Vessel without prior notice and to restrict access to the
Vessel until all outstanding sums are paid in full. * Debt Recovery : The
Customer agrees to indemnify The Yard against all costs and expenses
(including legal costs) incurred in the collection of overdue amounts.

4. Customer Obligations * Insurance  : The Customer must maintain adequate
and valid insurance cover for the vessel at all times whilst on the premises or
utilising services. This insurance must include :* Hull and machinery Insurance
: Covering loss or damage to the vessel. * Third – Party Liability Insurance :
With a minimum cover of £1,000,000 for any one event, covering death, injury or
damage to third parties or their property. * Proof of Insurance: The Customer
shall provide proof of valid insurance cover the Yard upon request. Failure to
provide proof of valid insurance cover to the Yard upon request. Failure to
provide such proof of valid insurance may result in refusal of services or
immediate termination of any agreement. * Vessel Condition: The customer
warrants that the vessel is seaworthy, structurally sound on lift/launch and is
free from any defect that might endanger the premises, other vessels or persons.
* Safety & Conduct : The customer and all persons acting on their behalf must
adhere to all safety regulations, instructions and notices displayed in the Yard *
Children and pets must be supervised at all times * No hot work (welding,
grinding or cutting) or spray painting is permitted without written permission of
Yard management and appropriate safety measures in place. * Waste Disposal :
Waste must be removed from site by vessel owner, customers will be billed for
disposal of any waste left behind. * The customer shall not cause any nuisance,
disturbance or annoyance to The Yard, its staff, other customers or neighbours.
* Third-Party Contractors : External contractors wishing to work on the premises
must obtain written permission from the Yard management, provide proof of
valid public liability insurance (Minimum of £5,000,000), and adhere to all Yard
safety regulations. The Yard reserves the right to refuse access to any
contractor. The customer remains responsible for the actions of the contractor
working on their vessel. * Access to the Vessel : The customer grants the Yard
and its agents, reasonable access to the Vessel at all times for the provision of
Services, safety inspections or in emergencies.

5. The Yards Liability and Indemnity * Standard of Care : The Yard shall exercise
reasonable care and skill in performing the services. * Limitation of Liability  :
The Yard shall not be liable for any loss, damage or theft to the vessel, its
contents or for any personal injury. The Yard Excepts no liability for: * Loss or
damage covered by the customers insurance * Loss or damage due to forces
beyond its reasonable control (E.g., acts of God, severe weather, strikes or civil
unrest). * Loss or damage caused by the actions or omissions of third-party
contractors not directly employed by the Yard. * Loss or damage caused by
inherent defects in the vessel or its equipment. * Consequential loss or damage,
including loss of profit or use. * Indemnity: The Customer agrees to indemnify
the Yard against any claims, losses, damages, costs and expenses (Including
legal fees) Incurred by The Yard as a result of : * The customers breach of these
Terms and Conditions. * Any Damages caused by the Customers or persons
acting on their behalf to the premises or other vessels. * Claims made by third
parties arising from the customers vessel or activities.

6. Environmental Policy * The customer must adhere to all environmental
regulations and best practices. * No discharge of pollutants (E.g., oil, fuel,
sewage, chemical) into the water or ground is permitted. * Any spills or leaks
must be reported to the Yard immediately. * Antifouling and painting run-off
must be contained.

7. Lein and Disposal of Uncollected/Unpaid Goods – Torts (Inference with
Goods) Act 1977 * General Lein  : The Yard reserves and retains a general lien
over the Vessel and any other equipment or goods placed on or left at the
Premises for all sums due from the customer to The Yard, Whether in respect of
the vessel, or other vessel or any other services rendered by the Yard. This lien
applies until all outstanding debts are paid in full. * Right of Sale under TIGA
1977 : Pursuant to the Torts (interference with Goods) Act 1977 (TIGA 1977),
where a Customer fails to collect their vessel, or fails to pay sums due for
services provided, The Yard may sell the vessel and/or any associated
equipment or goods provided the statutory procedures are strictly followed. *
Conditions of Sale : The customer has failed to pay any sum due to the Yard,
and that sum remains unpaid after the due date: OR The vessel has remained
uncollected after the Yard has required the Customer to collect it: OR The vessel
has been left or abandoned on the Premises. * Procedure for sale : 1. Notice to
collect/Pay  : The Yard will send notice to the Customer at their last know
address, by recorded delivery or equivalent, specifying: * Details of the vessel
and goods held. * The amount of the sums due and owing. *A date by which the
vessel and/or goods must be collected and/or payment made (this date must
allow a reasonable period , typically 3 months from the date of the notice. * A
Clear statement that if the Vessel and/or goods are not collected or the sums
are not paid by the specified date, The Yard intends to sell the Vessel and/or
goods. 2. Advertising and Sale : If the Customer fails to comply with the notice,
The Yard will take the reasonable steps to advertise the sale of the Vessel and/or
goods. (e.g., public Auction, online marketplace, specialist broker) to achieve
the best price that is reasonably obtainable. 3. Application of Proceeds: From
the proceeds of the sale, the Yard is entitled to Deduct : * All reasonable costs
and expenses incurred in connection with the sale (including advertising fees,
auctioneers fees and legal costs). * All fees sums due and owing to the Yard from
the Customer (including outstanding fees for services, storage and interest.) *
any Surplus realised from the sale after these deductions shall be held by the
Yard for the customer and will be paid to the customer upon request, provided
valid proof of identity and ownership is supplied. * Customer
Acknowledgement : The Customer acknowledges and agrees that the right of
sale under TIGA 1977 constitutes a fundamental term of this agreement and
provided the Yard with a legal remedy in cases of non-payment or abandonment.
The customer further agrees to waive any claim against the Yard for loss or
damage arising from the exercise of this right, provided the Yard acted in
accordance to the TIGA 1977.

8. Termination of Agreement * Either party may terminate the agreement of
service by giving 1 months written notice, unless a specific contract is agreed.
*The Yard may terminate the contract with immediate effect if the Custome
rbreaches any of these Terms and Conditions, particularly regarding payment
,insurance, safety or environmental regulations. * Upon termination, th
ecustomer must remove their Vessel from the premises within 7 Calander day
sand settle all outstanding sums. Failure to do this, the provision of Clause 7 will apply.

9. Force Majeure * The Yard shall not be liable for any failure or delay in performin
gits obligations under these Terms and Conditions if such failure or delay i
scaused by circumstances under beyond its reasonable control.

10.Data Protection (GDPR) * the Yard will collect and process all personal dat
arelating to the customer in accordance with the General Data Protectio
nRegulation (GDPR) and the Data Protection Act 2018. Your data will be used wit
hthe purpose of managing your account, providing services and legal compliance.

11.Governing Law and Jurisdiction These Terms and Conditions shall be governe
dby and construed in accordance with the laws of England and Wales. * any

disputes arising out of or in connection with these Terms and Conditions shall be
subject to the exclusive jurisdiction of the courts of England and Wales.

These Terms & Conditions were updated on 8th August 2025