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


Licence Agreement

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

or ashore.

2 Applicability

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


3 Confidentiality

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 Access

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.

5 Waste

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the disposal of any out of date flares is the sole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.

6 Animals

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,

conduct anti-social behaviour within the Boatyard.

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-day cycle

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

the Company.

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

Boat cradles.

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


8 Sub-Contractors

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 Insurance

9.1 The Owner shall maintain at all times a suitable

policy of insurance (with a reputable insurer) for

public liability and third-party liability in respect of

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-standing. Water on the

pontoons may be turned off during the winter


10.2 Electricity is provided by pre-paid units on the

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 Payment

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

daily basis.

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

following steps:

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 Termination

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 Parking

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

own risk.

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.

18 Notices

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

the estimate.

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 Guarantee

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-month period and which are

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

and effect.

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.