Terms & Conditions
These terms of business apply to all work undertaken and facilities or goods supplied on or after 1st January 2023.
Where to find information about us
You can find everything you need to know about us, JWS Marine Services Limited, and our services on our website before you place an order.
We only accept orders when we’ve checked them
We contact you to confirm we have received your signed estimate and then contact you again (normally withing 30 days) to confirmed we have accepted it and finalize start date etc.
In most circumstances we require a 50% payment of the amount stated within the estimate before we commence work and the remaining 50% (or any additional cost incurred up to the value of 10% as stated below) to be paid on completion of the work.
In some circumstances we will require stage payments however if this is the case we will state this and confirm upon acceptance of job.
Payment shall be due within 7 days of the a date of each invoice.We reserve the right to retain a vessel, its gear and equipment and any other goods on respect of which we have provided services depending on payment pending on payment in full of all sums due to us in respect of the provision of any such work or services. During any such period of retention we reserve the right to continue to charge for storage, hard standing or berthing at or usual commercial rates.
We reserve the right to move any vessel, gear, equipment or other goods at our discretion for reasons of safety or good management. Any moves required will be charged at the current boatyard cost will be added to the final invoice. You are responsible for any cost incurred in order to transfer the vessel as well as mooring costs.
In the absence of express agreement to the contrary, the cost stated within our estimate shall be based on time and materials expended and services provided and shall be set out in estimate.
When we give indication of price within our estimate we will exercise skill and judgement in doing so. Such estimates are subject always to the accuracy of information provided by you and are usually based only on a superficial examination and will not include the cost of any additional repairs or work subsequently found to be necessary tot he vessel and/or gear or equipment during the work nor the cost of any extension to the work comprised in the estimate.
You agree that we reserve the right to increase the value of our estimates by 10% as a result of additional work required once we commence investigation or as a result of the increased cost of materials or products. If we believe that the cost stated within our estimate is likely to exceed and additional 10% we agree to provide a new estimate.
We will inform you promptly of any proposed increase in the value stated within the estimate in excess of 10% and the reason and will only proceed with the additional work once you have a signed a new estimate. In those circumstances your liability for any work already completed or goods already supplied or to be supplied shall be unaffected.
WE CHARGE INTEREST ON LATE PAYMENTS
If we are unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 4% a year over the Bank of England base rate time to time. The interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us the interest together with any overdue amount.
WE PASS ON INCREASES IN VAT
If the vat rate changes between your order date and the date we supply the services, we will adjust the rate of VAT that you pay, unless you have already paid in full before the changes in rate of VAT takes effect.
WE’RE NOT RESPONSIBLE FOR DELAYS OUTSIDE OUR CONTROL
If our supply of services is delayed by an event outside our control we will contact you as soon as possible to let you know and will do what we can to reduce the delay.
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 willful acts or omissions or from our negligence.
YOU ARE RESPONSIBLE FOR MAKING SURE YOUR MEASUREMENTS ARE ACCURATE
If we are making or supplying the product to measurements you provide, you are responsible for making sure those measurements are correct.
WE WILL CHARGE YOU IF YOU DON’T GIVE US THE INFORMATION WE NEED
We will charge to additional sums if you don’t give us information we’ve asked for or if you don’t do any preparatory work for installation, as agreed with us.
YOU HAVE THE LEGAL RIGHT TO CHANGE YOUR MIND PLUS EXTRA RIGHT UNDER OUR GUARANTEE
For most services brought online or over the telephone you have the legal right to change your mind about your purchase and receive a refund of what you have paid for. This is subject to some conditions, as set below.
If you change your mind you must let us know no later that 14 days after we confirm we have accepted your signed estimate. To let us know you want to change your mind, contact our team via email@example.com
You have to pay for the services you received before you changed your mind. If you brought a services, we do not refund you for the time you were in receipt of the services before you told us you’d changed your mind.
If you think there is something wrong with the services we have provided, please contact us initially to discuss your concerns via email to firstname.lastname@example.org.
In addition to your rights under the consumer Rights Act 2015, we guarantee our work for the period of 12 month from completions 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 that appear during this 12-month period and any issues must be notified to us in writing withing 14 days. This guarantee does not affect your legal rights if there is something wrong with the services we have provided.
On notification by you of any such defects, we will investigate the cause and if the cause is 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 you other than through us 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 what work is necessary and the associated costs.
We will complete our work to the agreed specification and, in the absence of any other contractual terms as to quality, to a satisfactory quality.
APPLICATION OF PRODUCTS
Where we use Copper Coat we cannot guarantee this product, however Copper Coat do provide a guarantee for 5 years. The application of Copper Coat will be carried out by JWS to the manufactures specification, should this application fails or become defected we would look to the manufactures of Copper Coat to attend the vessels location in order to carry out specific tests in order to determine the cause of the failure or defect.
When undergoing gel repairs, we will do our upmost to ensure exact colour match but we cannot guarantee this.
WE CAN END OUR CONTACT WITH YOU
We can end our contract with you and claim any compensation due to us if
- you don’t make any payments to us when its due and you still don’t make payment within 14 days of our reminding you that payment is due; or
- you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the services.
WE DON’T COMPENSATE YOU FOR ALL LOSES
We’re responsible for losses you suffer caused by us breaking this contract unless the loss is:
- Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable)
- Caused by a delaying event outside our control. As long as we have taken the steps set out in this section we’re not responsible for delay outside our control.
- Avoidable. Something you could have avoided by taking reasonable action.
RESOLVING DISPUTES WITH US
If you have any concerns with regards to the services that we have provided please raise these with us directly and we will do our best to reach an amicable resolution with you.
The terms are governed by English law and wherever you live you can bring claim against us in English courts.
OTHER IMPORTANT TERMS APPLY TO THIS CONTRACT
Nobody else has the right under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
If the courts invalidate some of this contract, the rest will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if we delay in enforcing this contract, we can still force it later. We might not immediately chase you for not doing something (like paying) or for doing something your not allowed to, but that doesn’t mean we cant do it later.
You are liable for any loss or damage caused by you, your crew or your vessel. Any vessel, gear, equipment or other goods are left with us at your own risk; you should maintain adequate insurance which should also cover third party liability of at least £1,000,000.
We shall not be held liable for any defects or corrosion revealed by Glass/soda blasting.
Subject to this cause, no work shall be done on any vessel, gear, equipment or other goods whilst on our premises without our prior written consent other than minor running repairs or minor maintenance of a routine nature by you the customer, your regular crew or members of your family not causing a 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. Prior written consent will not be unreasonably withheld where (1) the work is of a type which we would normally employ a specialist sub-contractor, or (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. In the event of such access being permitted, it will be at your own risk.