
Terms of Business
TERMS OF BUSINESS – NAVION MARINE SERVICES
1. LIABILITY
1.1 Navion Marine Services shall not be liable for any loss or damage caused by events or circumstances beyond our reasonable control, including but not limited to severe weather, actions of third parties not employed by us, or defects in a customer’s or third party’s property. This includes loss or damage to vessels, gear, equipment, or other property left with us for work or storage, as well as harm to persons entering our premises or using any of our facilities or equipment.
1.2 We shall take reasonable and proportionate steps, considering the nature and scale of our business, to maintain security at our premises and the customer’s premises when required, and to keep our facilities and equipment in good working order. However, in the absence of negligence or breach of duty by us, vessels and property are left with us at the customer’s own risk. Customers should ensure their personal and property insurance adequately covers such risks.
1.3 We are under no obligation to salvage or preserve a customer’s vessel or property from defects or accidents not caused by our negligence, unless expressly engaged to do so on commercial terms. We may, at our discretion, take action in circumstances where safety of people, property, or the environment is at risk, and we may charge for such services on a normal commercial basis plus any additional costs.
1.4 Customers are responsible for any loss or damage caused by themselves, their crew, or their vessels. While on our premises or under our care, customers must maintain adequate insurance, including third-party liability of not less than £2,000,000 and, where applicable, Employer’s Liability insurance. Customers must provide evidence of such insurance within 7 days of request.
1.5 Nothing in these Terms limits or excludes liability for death or personal injury caused by our negligence, fraud, or any liability that cannot legally be excluded.
2. PRICES AND ESTIMATES
2.1 Unless otherwise agreed, our prices are based on labour, materials, and services provided.
2.2 Estimates are given using reasonable skill and judgment, based on information provided by the customer and usually a superficial examination. They do not include emergent work or extensions required beyond the original scope.
2.3 Customers will be informed promptly of any proposed increase in estimated prices and reasons for the increase. Work will only proceed with customer approval. Customers remain responsible for costs of labour and materials already supplied or yet to be supplied that are unaffected by the increase.
3. DELAYS
3.1 Any completion times are given in good faith but are not guaranteed. Navion Marine Services is not liable for delays or their consequences unless caused by our wilful acts, omissions, or negligence.
4. VESSEL MOVEMENTS
4.1 We reserve the right to move vessels, gear, equipment, or other property for safety, security, or management of our business and premises.
5. PAYMENT
5.1 Unless otherwise agreed, payment for all work, goods, and services is due immediately upon invoice. Payment is deemed made when cash or cleared funds are received.
5.2 Interest may be charged on sums outstanding over 30 days at 10% above the Bank of England base rate, calculated daily. For business customers, the rate under late payment legislation applies.
5.3 We reserve a general lien to detain customer property pending payment of all sums due. Storage and ongoing services may be charged at normal daily rates until payment or provision of security. Customers may remove property upon providing sufficient security to cover the debt, interest, and reasonable legal costs.
5.4 Parts payments and 50% of labour fees must be paid in advance before work commences.
6. RETENTION OF TITLE / RISK
6.1 Title to all goods, equipment, and materials supplied by us remains with Navion Marine Services until full payment is received.
6.2 Risk in all goods, equipment, and materials passes to the customer at the time of supply.
7. GUARANTEE
7.1 Advice regarding consumer protection rights may be obtained from local Trading Standards, Citizens Advice Bureau, or solicitors.
7.2 Consumer statutory rights regarding defective goods are not affected by these terms.
7.3 Navion Marine Services guarantees workmanship and materials for 3 months from completion (unless otherwise specified). This applies only to the original customer and within the UK. Defects must be reported promptly in writing to our registered office.
7.4 Upon notification, we will investigate and remedy defects at our discretion. Work undertaken by the customer without notification and approval invalidates this guarantee.
7.5 For Business Customers:
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No article carries implied terms as to quality or fitness unless the purpose was clearly communicated and reliance on our skill and judgment is established.
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Proprietary articles supplied carry no implied terms, but any rights against manufacturers or importers are assigned to the Business Customer.
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Navion Marine Services accepts no liability for loss of profit, turnover, or consequential losses from defective or unfit articles.
8. QUALITY STANDARDS
8.1 Work will be completed to the agreed specification and, in the absence of any other contractual term, to a satisfactory quality.
9. REFUND POLICY
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Call-out fees are only refundable if our engineers are unable to attend your appointment.
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Payment for parts taken is only refundable with customer approval and only if incorrect parts were provided by us.
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Deposits paid are refundable only if the requested work is not completed by us (does not include parts if provided).
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We are not responsible for refunds of payments made to third parties or contractors.
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Refunds will not be provided if the customer provides incorrect part numbers or details.
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As not all situations can be foreseen, we reserve the right to refuse refunds for all or part of the job depending on the circumstances.
