All customers, tenants and persons working in areas under the control of the Underfall Restoration Trust, and all boats within the yard or at the adjacent quaysides are subject to the following terms and conditions -
1. The Trust, and the Trust’s employees, accept no responsibility for loss, damage or delay arising from any cause, unless such loss resulted from negligence or deliberate act. Subject to that exception, all vessels are risk of the owner. Customers should therefore ensure that their vessels, contents, other property and tools are adequately insured against all risks.
2. Customers are required to be insured to a value of £ 2,000,000 against Third Party risks, as they may be liable for damage to other vessels, other persons and property whilst at the premises. Evidence of this insurance is to be produced to the Trust’s yard manager prior to any vessel being lifted, stored or brought alongside the yard.
3. Subject to express agreement otherwise, any date quoted for availability of boat space, slipping, lifting or workshop facilities is given in good faith and to the best available information, but is not guaranteed.
4. In the interests of safety and efficient use of yard space, the Trust reserves the right to move any vessel and/or gear at our discretion, but after consultation with the owner when possible.
5. All persons using any part of our premises and/or facilities for whatever purpose, do so at their own risk.
6. Customers and tenants are to carry out their operations with due regard
to the safety of themselves and other yard users. In particular -
All current and applicable statutory Health and Safety requirements shall
be adhered to.
Rubbish, scrap and accumulations of flammable material are to be cleared away
regularly and when so requested by the yard management.
7. Vessels may only be brought alongside the yard fitting out berth and quays by prior agreement with the Trust's representative. Owners of vessels entering the fitting out berth are to inform the Harbourmaster's office before entering the restricted area in front of the harbour sluices. When the warning lights on the sluice house are flashing, vessels may only access the restricted area under supervision by the Harbourmaster's staff.
8. Customers and tenants have no rights of car parking on the yard. Whenever
possible, users are requested to - Park in Avon Crescent unless loading
On no account obstruct a zone within 3.5 metres of the quay walls. This is
to be left clear for general and emergency access.
9. Our terms of payment are 30 days from date of invoice, or prior to the removal of the vessel, if this is sooner.
10. Subject to any agreement to the contrary, we have a right of lien upon any vessel, gear or tools on our premises until such time as any monies due to us shall be paid. Acceptance by us of any goods or vessel for storage is subject to the provisions of the Torts (Interference with Goods) Act 1977, which confers on us the right of sale if our invoices should remain unpaid. Such sale shall not take place until we have given notice to the owner in accordance with the Act.
11. Subject to express agreement to the contrary, all agreements with customers and tenants are made on the understanding that these Terms of Business apply to each and every transaction.
12. This agreement shall not confer a right of exclusive possession or occupation of any part of the yard and nothing in this agreement shall be construed as creating a legal demise.
13. Yard customers may use any contractor or sub-contractor of the owner’s choice to carry out work to boats at the yard, subject to the approval of each and every contractor or sub-contractor by the Yard Manager, who will require adequate proof of appropriate insurance cover and competence to carry out the proposed work.
