1 Definitions and Interpretation
The following terms have the meanings defined
Means Lauren Marine and/ or DCW Boat Repairs
Means any person, firm, company or legal entity
who owns or has control of any boat or vehicle in
the boatyard or marina.
Means all the land, adjacent water, marina and
buildings under the control or occupied by the
Company including mud berths, quays, pontoons,
workshops, tents, car parks and yard.
Means any boat, vessel, craft of other marine
Means any Agreement (whether in writing or
otherwise) made between the Company and an
Owner under which the Company permits the
Owner to keep a Boat at the Boatyard either afloat
2.1 These Terms and Conditions (or any
substitution or amendments of them) shall apply
at all times to any Licence Agreement. Even if the
Owner has not signed the Licence Agreement the
Owner shall be deemed to have accepted the
terms of the Licence Agreement and these Terms
and Conditions by keeping a Boat at the Boatyard.
2.2 The Company expressly reserves the right to
replace or vary these Terms and Conditions from
time to time. The Owner will be advised in writing.
2.3 The Company and the Owner expressly agree
that it is not the intention of the parties to create
any relationship of Landlord and Tenant and that
the Licence Agreement is personal to the Owner
and may not be assigned or transferred to anyone
The Owner shall provide the Company with their
current correspondence address, email and
telephone contact details, and notify them
promptly of any changes. The information will be
used and retained by the Company in accordance
with the General Data Protection Regulations.
4.1 The Company reserve the right to board, move
moor or reposition the Boat for reasons of safety,
security, an emergency to prevent or stop a
nuisance or to facilitate good Boatyard
4.2 Nothing shall entitle the Owner to exclusive
use of any particular berth.
No waste or refuse is to be deposited in any part
of the Boatyard. All waste, oil, petrol, paint or any
other similar noxious or toxic substances including
the disposal of any out of date flares is the sole
responsibility of the Owner and cannot be
disposed of by the Company.
Animals may be brought into the Boatyard but
must be under the control of the Owner at all
times. Dogs are to be kept on a leash. No animal
shall cause inconvenience in the form of noise or
fouling in the Boatyard.
Lauren Marine Terms and Conditions 2018
7 Owner Obligations
7.1 The Owner, their crew or guests shall not fish,
swim, jet ski, bait dig, dive, cause a disturbance,
7.2 The Owner shall not live aboard the Boat or
permit any other person to live aboard the Boat. A
person shall be deemed to be ‘living aboard’ a
boat if he/she spends more than 14 nights aboard
in any 30-
7.3 The Owner shall not store, fix or leave parts of
the Boat or other equipment including dinghies,
gear, fittings, fenders, trailers, supplies, stores or
other similar items upon the pontoons, jetties,
carparks or otherwise without the prior consent of
7.4 The Owner shall ensure that dust and dirt or
other substances do not soil the immediate area of
the Boat or hardstanding and any fouling that
should occur is removed immediately.
7.5 The Owner shall ensure that all work is carried
out in full compliance with applicable health and
safety and environmental laws. The Company
shall not be responsible to Owners or third parties
for the consequences of any person’s failure to
respect any part of this condition. The Company
shall be entitled to demand the immediate
cessation of any work, which in its sole opinion
breaches these terms and conditions.
7.6 The Owner shall not undertake any work on
the hard standing that in any way endangers any
person or damage to equipment, the surrounding
area or other Boats.
7.7 The Owner shall not move, remove or in
anyway interfere with any Boat shores, props or
7.8 The Owner shall ensure that any children are
supervised at all times and that suitable safety
gear is worn at all times on the pontoons and
The Company will not allow any contractor to work
on the Boat in the Boatyard unless the contractor
has a permit issued by the Company and has third
party liability insurance in the sum of at least
£5,000,000 (five million pounds sterling).
9.1 The Owner shall maintain at all times a suitable
policy of insurance (with a reputable insurer) for
public liability and third-
claims for damage to personal and property in the
sum of at least £3,000,000 (three million pounds
sterling) for any one event. The Company requires
a record of the Owner’s current insurer, policy
reference and number and policy expiry date.
9.2 The Owner shall furnish the Company with
legible copies of the current insurance certificate
to confirm these details relate to an active policy.
10 Supply of Utilities
10.1 Water is supplied to the pontoons and
various points on the hard-
pontoons may be turned off during the winter
10.2 Electricity is provided by pre-
pontoons and the hardstanding. These units are
for shared use by other Owners. The Company will
accept no liability if the Owner’s credit runs out.
10.3 The Company cannot guarantee continuous
supply of services and it accepts no responsibility
for loss or damage arising out of the supply of
services or their termination. Reconnection may
not be carried out outside of office hours.
11 Boat Lifts
11.1 At the Owner’s request the Company will if
possible launch or recover their Boat at the
appropriate and suitable point of tide and weather
conditions permitting, but the cost of moving the
Boat and any other attendant expenses must be
paid by the Owner.
11.2 The Owner is responsible for ensuring the
Boat is seaworthy. Any additional lifts, time
ashore or launches required for boats with
inadequate watertight integrity will be payable by
the Owner. In an emergency we will complete this
work without further reference to you until such
time as the Boat is safely ashore.
12.1 Unless otherwise agreed between the
Company and the Owner payment for all work,
goods and services shall be due immediately on
invoice date. Payment shall be deemed to have
been made on receipt by the Company or its Bank
of cash or cleared funds.
12.2 The Company has the right to charge interest
on any sum outstanding for more than 30 days at
8.5% over Lloyds Bank base rate calculated on a
13.3 If the Owner fails to pay within 30 days of the
date on which the payment is due, the Company
may serve a final warning in respect of the
outstanding sum, requiring the Owner to make
payment within a further 7 days. If after the expiry
of that 7 days the outstanding sum has not been
paid this will be treated as a breach of the Owner’s
obligations under this Agreement and the
Company shall be entitled to take all or any of the
13.3.1 charge the Owner interest (both before and
after any judgement) on the amount unpaid.
13.3.2 prevent the Boat from leaving the Boatyard
13.3.3 end this Agreement under condition 14
13.3.4 the Company reserves the general right (a
“general lien”) to detain and hold onto an Owner’s
Boat or other property pending payment by the
Owner of all sums due to the Company. The
Company shall be entitled to charge the Owner for
storage and the provision of any ongoing services
at the normal daily rate until payment (or
provision of security) by the Owner and removal of
the Boat or property from the premises.
13.3.5 exercise the Company’s rights under
Maritime Law to bring actions against a Boat to
recover debt or damages. Such action may involve
the arrest of the Boat through the Courts and its
eventual sale by the Court. The right of arrest and
sale may continue to exist against a Boat after a
change of ownership. Sale of a Boat or other
property may also occur through the enforcement
of a court order or judgement.
14.1 The Company has the right to terminate the
Licence Agreement immediately if the Owner sells
or otherwise disposes of the Boat.
14.2 The Company may terminate the Licence
Agreement (without prejudice to any other rights
it may have in respect of breaches by the Owner of
the terms of the Licence Agreement) in the event
of any breach by the Owner of any of the terms of
the Licence Agreement.
14.3 Upon termination of the Licence Agreement
the Owner shall remove the Boat and any other
property belonging to the Owner from the
Boatyard within fourteen days. If the Owner fails
to remove such property by that date the
Company may remove the property from the
Boatyard and locate it elsewhere and /or may
exercise its right of sale pursuant to the Torts
(Interference with Goods) Act 1977 after giving
written notice to the Owner. The Owner shall pay
any storage removal and all other charges
reasonably incurred by the Company in relation to
the storage, removal and / or disposal of any such
property, including alternative berthing fees, lift
out costs and legal fees.
14.4 Refunds of any sums paid by the Owner
under the Licence Agreement will only be
considered in exceptional and unforeseen personal
15.1 All vehicles and or trailers parked in the
boatyard must be of roadworthy condition.
15.2 All vehicles and trailers must be parked in the
designated areas and failure to do so may be
wheel clamped and the owner of the vehicle or
trailer be charged a release fee of £50.
15.3 All vehicles and trailers are parked at the sole
risk of the Owner
17 Limitation of Liability
The Company shall take all reasonable and
proportionate steps having regard to the nature
and scale of the business to maintain its facilities
and equipment in reasonably good working order;
but in the absence of any gross negligence or other
breach of duty by the Company, Boats and other
property are kept at the Boatyard at the Owner’s
sole risk and Owners should ensure that their own
personal and property insurance covers such risk.
Any person entering and using any part of the
Boatyard or it’s facilities for any purpose, whether
by invitation or otherwise, does so entirely at their
17 Events outside the Company’s control
Where the Company is unable to perform any of
its obligations by fire, flood, storm, earthquake or
other natural disaster, explosion, riot, terrorism,
malicious damage or any other act, breakdown of
equipment, unavailability of staff, omission or
state of affairs beyond the Company’s control, the
Company shall be relieved of all its obligation and
shall incur no responsibility or liability in respect
thereof whether for damages or otherwise.
Notice to an Owner shall be sufficiently served if
personally given to him or if sent by first class post
to the Owner’s last known address or by email.
Notices to the Company should be sent to the
Company’s trading address or registered office.
19 Prices and Estimates
19.1 In the absence of express agreement to the
contrary our price for work shall be based on
labour and materials expended and services
19.2 We will exercise reasonable skill and
judgment when we give an estimate or indication
of price. However, such estimates are always
subject to the accuracy of information provided by
the Owner and are usually based only on a
superficial examination and will not include the
cost of any emergent work and which may be
necessary to the Boat, gear or equipment nor the
cost of any extensions to the work comprised in
19.3 We will inform the Owner promptly of any
proposed increase in estimated price and the
reasons for it and will only proceed with the work
or supply with the approval of the Owner. The
Owner shall remain responsible for the cost of
labour and materials already supplied or remaining
to be supplied which are not affect by the
proposed increase in price.
19.4 The time for completion of the Company’s
work is given in good faith but is not guaranteed.
The Company shall not be responsible for any
delay in completion of the work or for the
consequences of any such delay unless it arises
from the Company’s wilful acts or omissions or
from the Company’s negligence.
20.1 An Owner who is a consumer (as defined in
the Consumer Rights Act 2015) has certain
minimum statutory rights regarding the return of
defective goods and claims for loses. These rights
are not affected by these terms. Note that section
20 does not apply to an Owner that is a firm,
company or other legal entity.
20.2 In addition to the statutory rights of a
consumer, provided by English law the Company
guarantees its work for a period of 12 months
from completion against all defects which are due
to poor workmanship or defective materials
supplied by the Company. This guarantee applies
only to the Owner to whom the work or materials
were supplied. The Company shall be liable under
this guarantee only for defects which appear
during the 12-
promptly notified to the Company in writing at its
trading address. The geographical area within
which this guarantee will be honoured is restricted
to the United Kingdom.
20.3 On notification by the Owner of such defects,
the Company will investigate the cause and if they
are the Company’s responsibility under the terms
of this guarantee the Company will promptly
remedy them or, at the Company’s option employ
other contractors to do so. Any remedial work
which is put in hand by the Owner directly without
first notifying the Company and allowing the
Company reasonable opportunity to inspect and
agree such work and its cost will invalidate this
guarantee in respect of those defects.
20.4 The Company accept no liability to indemnify
a firm, company or other legal entity against any
loss of profit or turnover which may be sustained
in consequence of the failure of any faulty or unfit
article supplied by the Company.
21 Retention of Title / Risk
21.1 Title to all goods, equipment and materials
supplied by the Company to an Owner shall remain
with the Company until full payment has been
received by the Company.
21.2 Risk in all goods, equipment and materials
supplied by us to an Owner shall pass to the
Owner at the time of supply to the Owner.
22 Sale of Vessel
22.1 No ‘For Sale’ signs are allowed on any boats
whilst they are using the Company Facilities or on
Company property without the express written
consent of the Company.
22.2 A commission of 8% for the first £2000 and
2% for the remainder will be payable by the owner
(Vendor) for any sale or transfer of vessel based on
the Company premises. Payment is due before the
boat is moved and no later than 5 working days
after the sale or transfer.
22.3 Within 5 working days of any sale or transfer
of any vessel, the Owner shall notify the Company
in writing or email of the name and address of the
purchaser or transferee as the case may be.
22.4 There is no automatic right to transfer the
Licence for moorings or storage with the sale or
transfer of the vessel. The new owner must apply
to the Company to make arrangements regarding
moorings or storage and must sign the Company
Terms and Conditions and make payment
23 Law and Jurisdiction
23.1 Each of these paragraphs of these Terms
operates separately. If any court or relevant
authority decides that any of them are unlawful,
the remaining paragraphs will remain in full force
23.2 These Terms are governed by English law.
The Owner and the Company both agree to submit
to the jurisdiction of the English courts.
23.3 Disputes arising under the Licence Agreement
shall, when cannot be resolved by negotiation shall
be submitted to mediation.