Fox Narrowboats LTD
10 Marina Drive,
Tel +44 (0) 1354 652770
Fax +44 (0) 1354 650369
SPONSORED BY THE BRITISH MARINE FEDERATION and APPROVED BY THE ROYAL YACHTING ASSOCIATION
BOAT HIRE CONDITIONS
Please read these conditions carefully. They are all part of the hire agreement and describe the rights and duties of both you and the Company
In these conditions and the Agreement the following words have the following meanings:-
“Agreement” means the Hire Agreement between You and the Company which is evidenced by your booking request and the Booking Confirmation and is made on the basis of these Conditions
“Booking Confirmation” means the written confirmation issued to You by the Company confirming the hire period, price, place of delivery and other key particulars of the booking
“Company” means Fox Narrowboats Ltd of 10, Marina Drive, March, Cambs. PE15 0AU
“You” means the person or persons named in the Booking Confirmation. If there is more than one of You each of You shall be individually responsible for complying with the Agreement .
“Conditions” means these Boat Hire Conditions
“Price” means the price in the Booking Confirmation
“Start Date” means the start date in the Booking Confirmation
“End Date” means the end date in the Booking Confirmation.
“Hire Period” means the hire period in the Booking Confirmation
“written” means that the item has been printed, typed, written out by hand or sent or displayed by email or other electronic means.
AGREEMENT TO HIRE
When You request a booking you are making an offer to hire a boat on these Conditions. The Hire Agreement itself only comes into existence when the Company sends out the Booking Confirmation. A provisional or conditional booking is not binding and You may cancel it at any time before the Booking Confirmation is sent out to You by the Company. Similarly the Company may hire the boat to another party in place of you at any time before a Booking Confirmation has been sent to You. The entire Agreement between You and the Company is contained in these Conditions, the booking request and the Booking Confirmation.
Nothing in these Conditions affects Your statutory rights.
PRICES AND PAYMENT
The Company’s advertised Prices are in pounds sterling and include Value Added Tax and, where applicable, Insurance Premium Tax. If the rates of VAT, IPT or any other government tax are changed so that a different rate applies to your hire any difference will be charged or refunded to You as the case may be.
The Company reserves the right to correct errors in advertised or quoted prices at the time of booking Confirmation.
Payment is deemed to have been made when cleared funds are received in the Company’s bank account.
The Deposit is payable at the time of the booking request. The deposit is £180.
The balance of the price, including Damage Waiver is due not less than eight weeks before the start date as shown in the Booking Confirmation. Time of payment shall be of the essence of the Agreement.
For bookings made less than eight weeks before the start date You must pay the full price including Damage Waiver at the time of the booking request.
The Company may charge interest at 3% p.a over Bank of England base rate on any money which is overdue from the due date until the actual date of full payment.
Personal agreement and obligations
The Hire Agreement is a personal one between You and the Company and Your identity is a material factor in the Company’s decision to enter into the Agreement. You must be at least 18 years of age at the time of booking. You must be authorised by all other members of Your party to enter into the Agreement on their behalf. The full names, ages and permanent addresses of all members of Your party must be provided to the Company at the time of booking. All changes in Your party (the addition, substitution or removal of any member of the party) which take place at any time after the Booking Confirmation has been issued (including during the hire period) must be communicated in writing and approved by the Company (such approval is not to be unreasonably withheld). You are responsible for making all members of Your party aware of the terms of the Agreement.
School parties, youth groups, hen or stag parties, business purposes
The Company’s general policy is that it will not enter into Hire Agreements for school parties, youth groups, hen or stag parties or for any commercial purpose without more information about the members of the party and the purpose and nature of the hire occasion. If the Company later becomes aware that Your party actually falls within this policy but that You have not disclosed it to the Company then the Company may terminate Your booking. In this event the deposit and any other part of the Price which you have paid will be retained by the Company and you will remain liable to pay the balance of the Price.
The use of alcohol and controlled drugs; Company’s right of immediate cancellation
The boat shall not be navigated while anyone on board is, or appears to be, under the influence of alcohol or drugs and the Company may cancel your booking and refuse to hand the boat over to you or repossess it if you or any member of your party is or appears to be under the influence of alcohol or drugs. In such a case the Company shall be entitled to recover any loss, damage and expense from the monies already paid by You and if this is insufficient to cover its loss it shall be entitled to bring a claim against you for the balance of such claim.
Company’s right to decline handover for safety reasons
The Company may cancel your booking and refuse to hand the boat over to you if, in its reasonable opinion, You are unsuitable to take charge of the boat for any reason that may adversely affect the safety of any person or property. In this event (and provided that You have fully complied with your obligations under this Agreement) the Company will refund the Deposit and any other monies which You have paid to the Company and the contract shall be discharged without further liability on either party.
Company’s right to repossess during the hire
The Company may repossess the boat at any time after commencement of the Hire Period if in the reasonable opinion of the Company You are unsuitable to be in charge of the boat for any reason affecting the safety of any person or property including in particular if You or any member of your party is or appears to be under the influence of alcohol or drugs or if You are not behaving responsibly or if there has been a material breach of the terms of this Agreement.
CANCELLATIONS AND CHANGES REQUESTED BY YOU
The Agreement is a legally binding contract and may only be cancelled in accordance with these Conditions.
If You want to cancel or change Your booking you must give the Company written notice. The date of receipt of the written notice shall be the effective cancellation date but in order to increase the prospects of re-letting the boat You should pre-advise the Company of the impending cancellation by telephone.
The Company shall make the following charges for cancellation, depending on the date on which the Cancellation Notice is received:
Days before Start Date when Cancellation Notice received
More than 56
Loss of Deposit (including any part of the deposit which has not yet been paid)
50% of Total Price
70% of Total Price
85% of Total Price
7 or less
100% of Total Price
[Insurance premium and credit card charges are non-refundable whatever the date of cancellation].
If the Company re-lets the boat to a new customer for the Hire Period or part of it the Company will return the cancellation charge which You have paid in respect of any days for which it has re-let the boat after deducting an administration fee of £50 in total together with any insurance and credit card charges which the Company has incurred.
CANCELLATION BY THE COMPANY
The Company may cancel the Agreement by written notice in the following circumstances:
For any of the reasons described in Conditions 4.2, 4.3, 4.4 or 4.5
In the event of an accident affecting the safety or navigability of the Boat
For breach of any of the rules set out under Condition 9.1
For non-payment of any sum due under the booking
The Company is entitled to recover from You any loss which it suffers as a result of cancellation under any of the provisions of Conditions 4.2, 4.3 or 4.5 or for breach of Condition 9.1 and it may retain all or part of any payments which you have made as security for such claims. Subject to this if the Company is able to relet the Boat for all or part of the Hire Period it will give credit for the net sums received as a result of such re-letting and shall prepare and submit to You an account of its claim and of any payment which may be due to You or to the Company within 7 days of the End Date.
HIRE PERIOD, COLLECTION AND RETURN OF BOAT
The Boat will normally be available between 2.30 p.m. and 5.00 p.m. for weekly hire and short breaks. For Day hire and mini breaks start time is 9.30am and return 6pm on the start date from Fox Narrowboats Ltd and a member of their trained handover staff] or as otherwise shown in the Booking Confirmation, subject to the provisions of Condition 7.7
You must notify the Company as soon as possible if Your estimated arrival time is delayed or disrupted as this may lead to difficulties and delays in making the boat available to You. There will be no rebate of the Price for late arrival nor will the Company accept responsibility for any overnight costs which You may incur if you fail to reach the boat during normal working hours.
Before You take the boat over the Company will give You such instructions, demonstrations and trials as are appropriate and You will then be required to check and sign the inventory of the Boat and the hand over sheet.
In the event that the boat is not available on the Start Date due to any circumstance for which the Company is not responsible (for example adverse weather or navigation conditions, damage, mechanical breakdown, late return by previous hirer) the Company may substitute a boat of similar accommodation but if no such boat is available the Company shall immediately refund You with the Deposit and any other payments You have made.
The boat must be returned to Fox Narrowboats Ltd, March or as otherwise shown on the Booking Confirmation or notified under Condition 7.7 and vacated by You by 9.30am on the end date and it is Your responsibility to allow sufficient time to ensure timely return.
If you return the Boat late or to the wrong place because of poor planning on Your part or for another reason which is your responsibility then you will be liable to pay £30 for every hour or part hour of the delay in returning the boat or giving possession and the cost of recovering the boat to the return point and any other expenses and losses which the Company may incur as a result of the delay including the loss or cancellation of a subsequent booking.
The Company reserves the right to change the places of handover and return for operational reasons. In such event the Company shall be obliged to give You written notice of the change in sufficient time to allow any necessary re planning of your itinerary and to organise any transport which is reasonably necessary for You and your party as a result of such change.
INSURANCE AND SECURITY DEPOSIT
The Company insures the boat and its equipment against physical loss and damage and against public liability risks. You are entitled to any protection that may be afforded by the Company’s insurance policy (subject to your paying any applicable policy excess) but you and members of your party may become legally liable to the Company or to third parties for loss or damage caused or contributed to by your acts, omissions or negligence.
The Company’s insurance policy does not cover personal accidents or Your personal belongings and does not cover the first £500.0 of any claim.
The security deposit of £500. 00 is intended to cover the Company’s policy excess and any uninsured risks or other sums due to the Company under the Hire Agreement. It is not the limit of your potential liability to the Company.
The Company may apply the whole or any part of the security deposit to payment of any claim which the Company may have against you. Otherwise the Company shall promptly refund the security deposit by cheque as soon as the Company is satisfied that no loss, damage or accident has occurred and that no other sums are due to the Company from You.
Instead of paying a security deposit You may use the Damage Waiver Scheme. Details and conditions are set out on page 15.
SAFETY AND OTHER RULES
You agree to comply with the following rules at all times during the Hire Period;
To ensure that at all times while the boat is being navigated or is transiting locks the minimum age of the operator onboard and in charge is 18 years.
Not to tow or be towed other than in exceptional circumstances.
To moor the boat securely.
Not to navigate after sunset or before sunrise.
To observe all speed limits, and not to navigate at a speed which creates a breaking wash or disturbs or inconveniences other waterway users.
Not to race the boat.
Not to bring onto the boat any dinghies, canoes, bicycles, vehicles, lighting equipment, TV sets, electric tools or cooking appliances, inflammable liquids or substances, gas cylinders, car batteries, fire arms]or any other items which might create dangers or hazards without the Company’s prior written permission.
Not to use the boat for any commercial purpose
To allow the boat to be occupied only by the persons named in the Booking Confirmation
Not to allow to be on the boat at any time more than the designated no of persons that the craft is designed for.
To give way to laden or unladen cargo boats, sailing craft, rowing boats and other human propelled craft
Not to take the boat on to sea or tidal waters except the Inland tidal connection between Salter’s Lode and Denver. To cruise only on canals and rivers approved by the Company
Not to have or carry any live bait on the boat
At all times to observe all bye-laws and navigational limits and abide by the instructions and advice of the relevant Navigational Authorities and the Company and their respective officers and employees
The Company reserves the right at its reasonable discretion and without liability to restrict cruising areas or routes in the light of prevailing weather and navigation conditions
If You are reported for improper navigation during the Hire Period or if You are in breach of any of the rules in condition 9.1 and if the Company has good reason to believe that it will be involved in any expense or penalty as a consequence then at the End Date the Company may retain the security deposit against prospective future liabilities, provided that it shall pay it into a separate client account. If no action has been taken after a maximum period of 6 months from the End Date the Company shall return the Security Deposit to you together with accrued interest.
You are in charge of the boat and are responsible for its safe navigation. In the event of any accident or damage involving You or any other people or any property You must:-
Obtain and record the name of any other boats and the names and addresses of any other people involved on the form provided by the Company (when available);
Notify the Company as soon as practically possible with full details of the accident and any damage sustained
Proceed in accordance with and follow the Company’s reasonable instructions
LOOKING AFTER THE BOAT
You are responsible for and will keep the boat and its equipment and contents in clean and tidy order during the Hire Period.
You must notify and provide full details to the Company of any breakdown, damage, theft or loss involving the boat as soon as practically possible. You must not undertake or commission any repairs, adjustment or service without the Company’s prior approval.
Although the boat and its equipment are insured against many risks by the Company You remain responsible to the Company for any damage or loss arising from Your breach of the Agreement, Your deliberate acts or from Your negligence.
You shall be responsible for getting the boat off mud banks or other grounding and for removal of weeds, rope or other matter from propellers and steering gear and for keeping the Company informed of any incidents of this nature.
Vehicles may be left entirely at their owner’s risk in the Company’s car park. The Company will be under no liability for any loss or damage to vehicles or their contents or for Your property on the boat or unless caused by the Company’s negligence.
The Company may take such reasonable action as it shall consider necessary to silence car alarms in the Company’s car park and to recover the costs from You. This is inclusive of any requirements and obligations under the Noise and Statutory Nuisance Act 1993
The Company will return property which it finds which has been accidentally left on the Boat provided that it is claimed promptly and that You either arrange for its collection or agree to pre-pay for any postage and packing. Property not claimed within two months from the End Date may be disposed of by the Company.
13.1. A The boat is handed over ready fuelled and the price includes the cost of fuel consumed.
Refuelling may only take place at the premises of suppliers designated by the Company.
Pets are allowed on the boat only with the Company’s permission. You shall give notice of any pets You wish to bring at the time of making the booking.
The Company may make charges and take additional security deposit for pets at its discretion.
The Company’s charges for pets are set out in the brochure.
You must provide any pet baskets or blankets.
All pets must be properly house trained or caged as appropriate, must never be left unattended, and shall not be allowed on bedding or chairs.
Pets and pet damage are not covered under the Company’s insurance policy and You will be liable for any damage or loss caused by them.
You will be required to sign the inventory on taking the boat over. Any shortcomings discovered during the Hire Period must be notified to the Company as soon as practically possible so as to afford the Company the opportunity to rectify the matter. You will be responsible for the cost of replacing or repairing any items on the inventory which are missing or damaged at the end of the Hire Period.
EXCLUSION AND LIMITATION OF LIABILITY
The Company shall not be liable to pay any compensation, damages, costs or expenses for any claim arising from any cause beyond the Company’s reasonable control which could not have been mitigated or avoided by the Company including but not limited to:
Loss of or damage to any person’s property (including the Boat);
non-fulfilment, interruption or delay to the booking;
breakdowns, mechanical problems, latent defects, damage to the Boat;
restrictions on cruising, obstructions, repairs, damage or closure of waterways, non availability of routes, navigational works, storms, floods, droughts, ice, shortage of water or other weather or climactic conditions;
rationing, shortage or non availability of fuel;
consequential loss, damage or expense which You incur including the cost of alternative transport, accommodation or other holiday provision.
The Company’s total liability to You and any person claiming through You in respect of all claims which may arise under the Agreement (other than in respect of claims for personal injury or death due to negligence on the part of the Company) shall be limited in aggregate to twice the Total price actually paid by You to the Company in respect of the Agreement in question.
The specifications of boats, their accommodation, facilities and equipment in the brochure are intended as a general guide and the Company shall not be liable in the event of any insubstantial differences in the boats supplied and reserves the right to make modifications. In particular alterations may occur during rebuilding or refitting, boats within classes may differ, colours may vary, layout plans are for guidance only and are not to scale and boats may have steps which are not shown. If Your party includes any infirm or disabled persons You should make relevant enquiries at the time of booking.
LAW AND JURISDICTION
This Agreement shall be governed by the law of England and Wales.
Any dispute arising under this Agreement shall be submitted to the exclusive jurisdiction of the Courts of England and Wales
The British Marine Federation and the Royal Yachting Association recommend that disputes arising under this form of Agreement which cannot be resolved by negotiation, should, with the written agreement of the Parties, be submitted to mediation or failing that to arbitration under the British Marine Federation’s Dispute Resolution Scheme, which is approved by the Royal Yachting Association.
Details of the mediation scheme operated by the British Marine Federation are available at www.britishmarine.co.uk/mediation.
Matters suitable for arbitration shall be submitted to a single Arbitrator in accordance with the British Marine Federation’s Dispute Resolution Scheme. The provisions of the Arbitration Act 1996 shall apply.
Only the named parties to the Agreement may enforce the terms of the Agreement. The parties agree that the Contracts (Rights of third Parties) Act 1999 shall not apply to this Agreement.
COLLECTION AND RETURN TIMES
Collection and return times are 9.30am – 6.00pm. Late return of the boat will be charged at £25 per hour or part thereof.
HIRER AGE AND INSTRUCTION PERIOD
The hirer must be 21 years old or over. During the first 30 – 40 mins of the hire period the hirer will receive instruction on boat operation and canal safety.
The security deposit (of £100) will be repaid upon return of the boat to the marina on time; in good condition; without loss, damage or breakages and in absence of any third party insurance claims.
The company insures the boat, its equipment and inventory against public liability risks. The company’s insurance does not cover personal accidents or loss or damage to personal effects so hirers and crew are advised to take out their own personal insurance cover. Accidental damage waiver does not apply to Day Boat Hire and the Hirer will be liable for the £500 insurance excess in the event of it not being re-coverable.
No refund will be given in the case of cancellation of any booking within 28 days of the hire period. However the booking may be rescheduled at the company’s discretion, subject to availability.
Should the hire be cancelled by the company for any reason, the company will refund any payments made, but shall not otherwise be liable and the contract will be discharged.
THESE TERMS OF BUSINESS APPLY TO ALL CONTRACTS FOR WORK AND FACILITIES OR GOODS UNDERTAKEN ON OR AFTER 14 OCTOBER 2003
Published by the British Marine Federation and approved by the RYA, who recommend that disputes are submitted to alternative
dispute resolution under the Marine Dispute Resolution Rules published by the British Marine Federation.
1.1 We shall not be liable for any loss or damage caused by any event or circumstance
beyond our reasonable control (such as extreme weather conditions, the actions of
third parties not employed by us or any defect in any part of a customer’s or third
party’s vessel); this extends to loss or damage to vessels, gear, equipment or other
goods left with us for repair or storage, and harm to persons entering our premises
or using any of our facilities or equipment.
1.2 We shall take all reasonable and proportionate steps having regard to the nature
and scale of our business to maintain security at our premises, and to maintain our
facilities and equipment in reasonably good working order. Subject to this and in
the absence of any negligence or other breach of duty by us vessels, gear,
equipment or other goods are left with us at the customer’s own risk and customers
should ensure that their own personal and property insurance covers such risks.
1.3 We shall not be under any duty to salvage or preserve a customer’s vessel or other
property from the consequences of any defect in the vessel or property concerned
unless we shall have been expressly engaged to do so by the customer on
commercial terms. Similarly we shall not be under any duty to salvage or preserve
a customer’s vessel or other property from the consequences of an accident which
has not been caused by our negligence or another breach of duty on our part.
However we reserve 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 we do so we shall be entitled to charge the customer
concerned on a normal commercial basis.
1.4 Customers may themselves be liable for any loss or damage caused by them, their
crew or their vessels and while their vessel or other property is on our premises or
is being worked on by us they shall be obliged to maintain adequate insurance,
including third party liability cover for not less than £2,000,000, and, where
appropriate, Employers’ Liability cover in respect of any employee to at least the
statutory minimum. The customer shall be obliged to produce evidence to us of
such insurance within 7 days of a request to do so.
2 PRICES AND ESTIMATES
2.1 In the absence of express agreement to the contrary our price for work shall be
based on time and materials expended and services provided.
2.2 When we give an estimate or indication of price – in writing or orally – we will
exercise skill and judgement in doing so. Such estimates are subject always to the
accuracy of information provided by the customer and are usually based only on a
superficial examination and will not include the cost of any additional repairs or
work found necessary to the vessel and/or gear or equipment during the work nor
the cost of any extensions to the work comprised in the estimate.
2.3 We will inform the customer promptly of any proposed increase in estimated prices
and the reasons therefor and will only proceed with the work or supply with the
approval of the customer. The customer shall remain responsible for the cost of
labour and materials already supplied or remaining to be supplied which are not
affected by the proposed increase in price.
3.1 The time for completion of our work is given in good faith but is not guaranteed.
We shall not be responsible for any delay in completion of the work or for the
consequences of any such delay unless it arises from our wilful acts or omissions or
from our negligence.
4 VESSEL MOVEMENTS
4.1 We reserve the right to move any vessel, gear, equipment or other goods at any time for
reasons of safety, security or good management of our business and premises.
5.1 Unless otherwise agreed between us the price of all work, goods and services shall
be due immediately on invoice date.
5.2 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 4% over Barclays
Bank Plc base rate.
5.3 We reserve a general right (“a general lien”) to detain and hold onto a customer’s
vessel or other property pending payment by the customer of any sums actually due
to us. We shall be entitled to charge the customer for storage and the provision
of any ongoing services at our normal daily rates until actual payment (or provision
of security) by the customer and removal of the vessel or property from our
premises. The customer 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 reasonably acceptable to us or lodgement of a cash deposit with a
professional third party agent or with the British Marine Federation, sufficient to
cover the debt with interest and, where the debt is contested, a reasonable
provision for our prospective legal costs. This right does not affect the customer’s
entitlement to withhold a proportionate part of the price in respect of alleged
defects but where that amount is in dispute between us the customer shall be
required to provide security for the full amount pending resolution of the dispute.
5.4 Our customers’ attention is drawn also to the note at Clause 9.2 of these Terms of
Business regarding other rights which exist at law.
6.1 Advice on whether a customer is “a consumer” or otherwise protected by some or
all of the consumer protection legislation in force in the United Kingdom may be
obtained from any local Trading Standards Office, the Citizens Advice Bureau, the
Office of Fair Trading or any firm of Solicitors (who may charge). Online guidance
may be obtained at the Government’s Consumer Gateway website at
6.2 Where a customer is also a consumer he has certain minimum statutory rights
regarding the return of defective goods and claims for losses. These rights are not
affected by these terms.
6.3 In addition to the statutory and other rights provided by English law we guarantee
our work for a period of 12 months from completion against all defects which are
due to poor workmanship or defective materials supplied by us. We shall be liable
under this guarantee only for defects appearing during this 12-month period which
must be promptly notified to us in writing at our trading address or registered office
[set out on our letterhead]. The geographical area within which this guarantee will
be honoured is restricted to the [United Kingdom].
6.4 On notification by the customer of such defects, we will investigate the cause and if
they are our responsibility under the terms of this guarantee we will promptly remedy
them or, at our option, employ other specialist contractors to do so. Any remedial work
which is put in hand by the customer other than through ourselves in accordance with
the terms of this guarantee may invalidate this guarantee in respect of such defects if
we are not advised beforehand and given the opportunity to inspect and agree such
work and its cost.
6.5 Where we supply goods or services to a partnership or company or to a customer
who is acting in the course of a business or a commercial operation (a “Business
6.5.1 No article supplied by us to a Business Customer shall carry any express or implied
term as to its quality or its fitness for any particular purpose unless prior to the
supply the Business Customer has sufficiently explained the purpose for which it
is required and made it clear that he is relying on our skill and judgement.
6.5.2 No proprietary article specified by name, size or type by a Business Customer shall
carry any such express or implied term but we will assign to the Business Customer
any rights we may have against the manufacturer or importer of that article.
6.5.3 We accept no liability to indemnify a Business Customer against any loss of profit
or turnover which he or his customer or any other person may sustain in
consequence of the failure of any faulty or unfit article supplied by us.
7 QUALITY STANDARDS
7.1 We will complete our work to the agreed specification and, in the absence of any
other contractual term as to quality, to a satisfactory quality.
8 ACCESS TO PREMISES/WORK ON THE VESSEL
8.1 Subject to the terms of Clause 8.2 no work shall be done on the vessel, gear, equipment
or other goods while on our premises without our prior written consent other than
minor running repairs or minor maintenance of a routine nature by the customer, his
regular crew or members of his family not causing nuisance, or annoyance to any other
customer or person residing in the vicinity, nor interfering with our schedule of work, nor
involving access to prohibited areas.
8.2 Prior written consent will not be unreasonably withheld where:
8.2.1 The work is of a type for which we would normally employ a specialist subcontractor;
8.2.2 The work is being carried out under warranty by the manufacturer and/or supplier of
the vessel or any part of the equipment to which the warranty relates.
8.3 In every case neither the customer nor his invitees shall have access to the vessel
during periods of work by us on the vessel without our prior consent, which shall
not be unreasonably withheld.
9 RIGHT OF SALE
9.1 Where we accept vessels, gear, equipment or other goods for repair, refit,
maintenance or storage we do so subject to the provisions of the Torts (Interference
with Goods) Act 1977. This Act confers a Right of Sale on us in circumstances where
the customer fails to collect or accept re-delivery of the goods (which includes a
vessel and/or any other property). Such sale will not take place until we have given
notice to the customer in accordance with the Act. For the purpose of the Act it is
9.1.1 Goods for repair or other treatment are accepted by us on the basis that the
customer is the owner of the goods or the owner’s authorised agent and that he
will take delivery or arrange collection when the repair or treatment has been
9.1.2 Our obligation as custodian of goods accepted for storage ends on our notice to
the customer of termination of that obligation;
9.1.3 The place for delivery and collection of goods shall be at our premises unless
Advice regarding the Act and its effect may be obtained from any of the sources
referred to at Clause 6.1 above.
9.2 Maritime Law entitles us in certain other circumstances to bring action against a
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. This right of arrest and sale
may continue to exist against a vessel following a change of ownership. Sale of a
vessel may also occur through the ordinary enforcement of a judgment debt against
the Owner of a vessel or other property.
10.1We may sub-contract all or part of the work entrusted to us by the customer, on
terms that any such sub-contractor shall have the protection and benefit of all rights
and conditions, and of all limitations and exclusions of liability, contained in these
Terms of Business. Where we exercise this right we shall remain responsible to the
customer for the performance of our subcontractor.
11.1 Notice to a customer shall be sufficiently served if personally given to him or if sent
by first class post to the customer’s last known address. Notices to us should be sent
by first class post to our principal trading address or registered office.
12 LAW AND JURISDICTION
12.1 Any contract or series of contracts made subject to these terms shall be subject to
and governed by English law and
12.2 In the case of Business Customers any dispute arising under them shall be submitted
to the exclusive jurisdiction of the Courts of England and Wales.
12.3 In the case of customers who are consumers or who are not contracting in the
course of business any dispute shall be submitted to the non-exclusive jurisdiction
of the Courts of England and Wales.
1: Our Contract
These Terms and Conditions govern the supply of Products sold by Fox Narrowboats – Fox Narrowboats (“we” and “us”) to the customer (“you”). These constitute the entire and only agreement between us in relation thereto
3: Eligibility to Order
The customer must be legally entitled to use the card/account on which they make the transaction.
The customer is required to input correct delivery address details. The order may be declined after processing should the delivery address not be traceable or if there is a mismatch between the delivery address, postcode.
4: Delivery & Title
We will arrange delivery of the products you order, unless the products are catagorised as pick up only, to the address which you specify. Please note that you are responsible for ensuring that the correct delivery address and postcode is given when placing the order as we cannot be held responsible for any losses or other expenses incurred as a result of mis-delivery owing to incorrect addresses and postcodes. Furthermore, instances where Products have already left via carrier and the address or postcode is found to be incorrect, may lead to the Products having to be re-routed to a different depot. Such routing requests or failed deliveries incur separate charges for which you will be liable if this is due to an incorrect address or postcode being given when ordering.
Delivery times given are an estimate and please bear in mind that public holidays and any advertised closure period may impact on this estimated lead time.
When your order is received please check the condition of the package. If there is any visible damage to the packaging please sign the delivery note making sure you note on the ticket the visible external damage. In the unlikely event that the Products themselves are very obviously damaged you may refuse the delivery but please ensure that the delivery note is signed to say that this is the reason for the return.
You must inspect the Products as soon after delivery as is practicable and notify us as soon as possible of any shortages, defects in or damages to the Products or of any other complaint in respect of them within 7 days from the date the Products are delivered.
When your Products are dispatched we use a next working day service for most items in an attempt to provide you with more certainty of the actual delivery date (than on a standard 3-5 day service). You will be automatically emailed to inform you of the day your item(s) are leaving via carrier and the anticipated actual day of arrival.
We are unable to specify actual delivery times or arrange Saturday deliveries and we are also unable to arrange deliveries for specific days. If you are likely to be away from home around the time delivery is anticipated (or at any time between ordering and anticipated delivery), please ensure that you advise us by email after placing your order and we will ensure that no products are despatched to you for the time you are away.
Please bear in mind when specifying your address for delivery that deliveries are only made during standard working hours Monday to Friday. We also do not routinely dispatch on Fridays. You can arrange for deliveries to be left with neighbours and you will be able to re-arrange delivery with any of the carriers we use but these re-deliveries will still be Monday to Friday standard working hours otherwise you will need to collect the Products from the carrier’s depot. In the event that the carriers have unsuccessfully attempted delivery three times and been unable to deliver and not received contact to re-arrange delivery or if the carriers are asked to store the Products for more than 1-2 days by the customer then the Products will be returned to ourselves. The Products will then be kept pending collection by the customer or pending payment of an additional delivery charge for a new delivery. Any refunds made in such instances will be made less the carriage return fees. We are unable to re-deliver free of charge as we already subsidise delivery charges and, in addition, we are charged for each failed delivery attempt. Therefore you will be liable for the carriage return costs of £25 on any orders returned to us after 3 failed deliveries.
Please note that the third party carrier companies we utilise do not guarantee their next day delivery service although the majority of our Products will arrive the next day. Next working day does not apply to certain areas of the UK i.e. Highlands of Scotland, selected other areas of Scotland and Wales and off-shore islands. We cannot be held responsible for any losses or expenses occurred as a result of the failure of delivery on the day estimated by us.
In the event that you have received a formal dispatch notification and nobody will be at home to take that delivery, you may leave a note for the driver to either leave the delivery in a specified safe place or with instructions to leave Products with a neighbour. If this is also not possible then the driver will leave a card with contact details on in order that you may re-arrange delivery on a day to suit or you may arrange to collect the Products from their local depot, should this prove more convenient for you.
We are unable to guarantee that the driver will be willing to deliver the Products to anywhere other than a ground floor location or to leave without obtaining a signature.
We are unable to recall a delivery once it has left our premises with the carriers and also unable to pass delivery instructions to the carriers once the Products have left our premises and any re-delivery arrangements will be the responsibility of the customer to arrange direct with the carriers.
Should, for any reason, this delivery not arrive on the date advised in the order despatch notification, please email us the following day at firstname.lastname@example.org with the order number/delivery details. This will allow us to start an immediate investigation into the whereabouts of your delivery
5: Order Cancellation (See also our Returns Policy for Products already delivered)
You may cancel your order by giving us notice of cancellation of order within the Cancellation Period (see below). Such notice may be given by mailing, faxing or emailing to the number or address set out in clause 2 of these Terms (“Contacting Us”) or on your invoice/receipt. We will acknowledge receipt of your cancellation and will refund the account on which the Products were purchased when we receive the returned Products. The Products should be returned to us properly wrapped and protected. We regret that the return carriage must be at your cost. If we agree to collect the Products from you or if the Products are returned at our cost, we reserve the right to deduct the cost of return carriage from the refund.
Products the Cancellation Period ends on the expiry of the period of 14 working days beginning with the day after the day on which the Product is delivered.
See also clause 8 “Returns Policy”.
6: Force Majeure
We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to Products supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, failure of the carrier, strikes, lockouts and other industrial disputes, manufacturing issues/machinery failure). We will not be liable to you for any consequential losses of any kind and the maximum limit of our indemnity will be the original purchase price of the Products.
If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English law.
8: Returns Policy
The terms below offer extra rights in addition to your statutory rights which remain unaffected.
If you have any questions, we are here to help. Please contact us.
What to do if you change your mind
We want you to be fully satisfied with your Products. If the Products you have chosen do not meet your approval we will be happy to make a refund or exchange. You will need to notify us within the Cancellation Period (see below) and arrange to return the Products at your expense by Recorded Delivery within 7 days from your notice. Such notice may be given by mailing, faxing or emailing to the number or address set out in clause 2 of these Terms (“Contacting Us”) or on your invoice/receipt.
Initial queries regarding returns policy, returns address, methods of returning, timelines and refunds etc will not be construed to be a notice of intent to return until the customer actually confirms that they do, having read our returns policy etc, plan to return the (unassembled) items by insured carrier at their cost etc and are aware of the costs involved (likely to be £15-£60) or have already arranged a carrier. We would suggest that customers contact us to formally inform of intention to return once they are aware of the details of this returns policy and that they comply and and are also aware of the costs involved in arranging return carraige (as this can be extremely costly and may result in customers subsequently deciding to retain items after all).
The Cancellation Period is different for different Products. For most ready made Products the Cancellation Period ends on the expiry of the period of 7 working days beginning with the day after the day on which the Product is delivered.
Please remember that any Products you wish to return must be in their original packaging, unused and not assembled so please ensure that you are happy with the Products before commencing assembly. You are responsible for ensuring that the Products are suitably re-packed prior to return.
You must ensure that the Products are appropriately insured whilst in transit and that you obtain the return address from us in advance, returns need to be made to the business address. You must also ensure that you include a copy of your original invoice or other identification in order to allow us to track the origins of the return. It will not be possible to process refunds without evidence of the sender.
Due to the high cost of carriage forwarding to ourselves (£25 per item) and the lack of insurance in transit for carriage return items, we are unable to arrange the collection of Products on behalf of customers. If, under exceptional circumstances, we do agree to collect the Products, the carriage will be at your cost and will be deducted from your refund.
Products that are refused on delivery will also be subject to the £25 carriage forwarding charge. If however Products are refused due to damage or because incorrect Products have been delivered then we will bear the cost of the carriage return. If, however, the delivery is refused and returned to us for any other reason then it will be assumed that you have consented to pay the carriage forwarding charge and this will be deducted from any refund due. Refunds will be made to the account used when ordering.
If, on inspection, the Products are found not to be faulty or damaged then the refund will be subject to the carriage forwarding charge detailed above and this will be deducted from the refund.
This does not affect your statutory rights as a consumer. We strictly comply with the Consumer Protection (Distance Selling) Regulations 2000.
We cannot accept items for a refund or exchange if they have been damaged after delivery. It is essential that any damage on delivery is reported to us PRIOR TO ASSEMBLY. We will be unable to accept claims for damage or returns for units that have already been assembled unless the unit proves to be faulty.
What to do if Products received are damaged/faulty
You must inspect the Products as soon after delivery as is practicable and notify us as soon as possible of any shortages, defects in or damages to the Products or of any other complaint in respect of them within 7 days from the date the Products are delivered.
We will at our own cost replace Products that are defective or damaged on delivery providing we are notified within 7 days of delivery. Consideration will be given to claims outside this period but each claim will be assessed on its own individual merits and you will be expected to have used your reasonable endeavours to ensure that the Products were checked as soon as reasonably practicable.
We reserve the right to offer replacement parts and/or repairs as appropriate and may arrange the collection of Products for inspection.
We cannot accept claims for damage if they have been damaged after delivery. It is essential that any damage on delivery is reported to us PRIOR TO ASSEMBLY. We will be unable to accept claims for damage or returns for units that have already been assembled unless the unit proves to be faulty.
If Products are refused at the point of delivery due to damage, faults or incorrect Products supplied then there will be no charge for carriage return which will be borne by us. If however, the delivery is refused and returned to us for any other reason then it will be assumed that you have consented to pay the carriage forwarding charge of £25 per item and this will be deducted from any refund due. If, on inspection, the Products are not found to be faulty/damaged or incorrect then the refund will be subject to the carriage forwarding charge detailed above and this will be deducted from the refund.
This does not affect your statutory rights as a consumer. We strictly comply with the Consumer Protection (Distance Selling) Regulations 2000.
Please remember that, where applicable, you are responsible for the safe keeping of Products until they are collected by our agents and you must ensure that, where appropriate, the Products are suitably re-packed prior to collection.
We have tried to ensure that the information provided on this web site is accurate. We make no representation and give no warranty, however, in respect of that information, which may contain technical inaccuracies or typographical errors. We do not accept liability for any loss (direct, indirect or consequential) howsoever arising for any such inaccuracies, errors or omissions except in relation to death or personal injury caused by our negligence.
Every care has been taken to ensure that the description and specifications are correct at the time of going to press. However, while the colour/position of design reproduction is a close representation, a slight variation in the actual Products may occur. Care should be taken not to rely on the colour/shade of a product from pictures reproduced on the internet or printed from PDF brochures as the colours/shades viewed will vary between monitors and printers depending on the settings, resolution etc.
All specifications, drawings, graphics and descriptions contained are intended merely to give a general description and any person reading them may not rely on anything therein as being a representation of fact or a warranty relating to the quality of the Products or of being fit for a particular purpose.
We make no representations or warranties, express or implied, about the accuracy, completeness, satisfactory quality or suitability for any purpose of the information in or contents of this web site. We expressly exclude to the fullest extent permitted by law any loss or damage incurred, directly or indirectly, from inaccuracies contained within this web site. We make no warranties that the said information is free of infection by computer viruses or other contamination.
Complaints. Complaints will be listened to by the member of staff who will thank the customer for bringing the concerns to our attention. The complaint will be restated to make sure there is an understanding. The problem will be investigated and company procedure will be explained to the customer. Action will be taken with a time frame given for resolution. If satisfactory resolution cannot be reached the company will support the use of a British Marine Mediator.