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Terms & Conditions

Mail order Terms and conditions:

The seller

All orders via this website are sold by:

Bottomline Ltd,
Unit 8, Side Road,
Middle River Industrial Estate,
Douglas,
Isle of Man,
IM2 1AL

Telephone: 0800 246 1005
Email: sales@bottomlinemarine.com

Company Registration: 57271C
VAT Number: GB 001 0185 53

Website Information

All information on the website is correct at the time of writing. If there is an error with any of the details, then we will contact you before we accept any order.

Accepting an Order

Orders placed via the website are an offer from us to sell the selected items at the shown price. When payment is made you will be sent an acknowledgement of the order. We will then process the order and check for any errors. Only once processed will we accept the order.

If we find any errors with the order, then we will contact you to make any corrections. We reserve the right to cancel any order that has not been accepted.

If you wish to make changes to an order after it has been accepted, then please contact us.

Pricing Errors

All orders are checked before they are accepted. If there has been a pricing error with either the price of an item or delivery, then we will contact you before accepting the order to correct any error. Either party can choose to cancel the order at this time and a refund for any payment issued.

Payment

Payments are taken when placing the order using PayPal. All orders should be fully paid before we will dispatch the order. If there has been a pricing error, we will contact you with regards correcting the paid amount before we accept & dispatch the order.

Delivery, Returns, Refunds & Faulty Items

For details of delivery, returns, refund and faulty item please see our delivery & returns policy.

Cancellation

Orders may be cancelled up to seven days from the date of delivery. Some items are excluded from this policy. Please see our delivery and returns policy for more details.

Privacy & Cookies

For details of privacy and cookies please see our privacy policy.

Advertising and Marketing

Anyone who places an order with us may receive email or postal marketing related to products, services or offers we have available. You can choose to opt-out of such marketing by contacting us.

Legal

The business selling the items on the website is based in the Isle of Man and subject to Manx laws and regulations.

Your rights under distance selling regulations are protected.

 

Local services Terms and conditions:

Bottom Line Ltd

Terms and conditions

1              LIABILITY

1.1          We shall not be liable for any loss of damage caused by events of circumstances beyond our reasonable control (such as severe weather conditions, the actions of third parties not employed by us or any defect in a customer’s or third party’s property); this extends to loss of damage to vessels, gear, equipment or other property left with us for work or storage, and harm to persons entering our premises or using any of our facilities or equipment.

1.2          We shall take 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; but in the absence of any negligence or other breach of duty by us vessels and other property are left with us at the customer’s own risk and customers should ensure that their own personal and property insurance adequately covers such risks.

1.3          We shall not be under any duty to salvage or preserve a customer’s vessel of other property from the consequences of any defect in the vessel or property concerned unless we 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 some 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 vessel 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 insurance cover for not less than £2,000,000.00, and, where appropriate, Employers’ Liability cover in respect of any employee. Customers shall be obliged to produce evidence of such insurance to us 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 labour and materials expended and services provided.

2.2          We will exercise reasonable skill and judgement when we give an estimate or indication of price. However such estimates are always subject to the accuracy of information provided by the customer and are usually based only n a superficial examination and will not include the cost of any emergency work which may be necessary to the vessel, gear or equipment 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 reason for it 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              DELAYS

3.1          Any time given 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 property at any time for reasons of safety, security or good management of our business and premises.

5              PAYMENT

5.1          Payments for parts are due upon quotation prior to ordering, upon commencement of labour the prepayment transfers to works carried out and the title of the parts remain with Bottom Line until full final payment has been received by us, see 6.1.

5.2          Unless otherwise agreed between us payment for all work, goods and services shall be due immediately on invoice date. Payment shall be deemed to have been made when we receive cash or cleared funds at our bank.

5.3          We have the right to charge interest on any sum outstanding for more than 30 days (except in the case of a reasonable and proportionate retention by the customer of any amount genuinely in dispute between us and the customer) on the outstanding balance of 4% above Bank of England base rate which may be calculated daily up to date of actual payment, In the case of business customers this rate will be substituted with the current rate applicable under late payment legislation.

5.4          We reserve the general right (“a general lien”) to detain and hold on to a customer’s vessel or other property pending payment by the customer of all sums 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 payment (or provision of security) by the customer and removal of the vessel or property from our premises. The customer shall 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, 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 dispute.

5.5          For visiting vessels (Vessels not registered on the Isle of Man), a security deposit equal to the estimated service costs plus 15% will be required before engineers travel to the vessel. Any funds left on account after the service is complete will be returned to the customers bank account. Payment types accepted for service work on visiting vessels are as follows: Bank transfer, Payment by Visa or Mastercard (made in person only).

5.6          Our customers’ attention is drawn also to the note at clause 10.2 of these terms of business regarding other rights which exist at law.

6              RETENTION OF TITLE/RISK

6.1          Title to all goods, equipment and materials supplied by us to a customer shall remain with us until full payment has been received by us.

6.2          Risk in all goods, equipment and materials supplied by us to a customer shall pass to the customer at the time of supply to the customer.

7              GUARANTEE

7.1          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 citizen’s advice bureau, the office of fair trading or any firm of solicitors (who may charge). Online guidance can be obtained at http://www.gov.im/oft/consumers/

7.2          A customer who is a consumer has certain minimum statutory rights regarding the return of defective goods and claims for losses. These rights are not affected by these terms.

7.3          In addition to the statutory 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. This guarantee applies only to the customer to whom the work or materials were supplied. We shall be liable under this guarantee only for defects which appear during this 12 month period and which are promptly notified to us in writing at our trading address or registered office set out on our letterhead. The geographical are within which this guarantee will be honoured is restricted to the Isle of Man.

7.4          On notification 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 contractors to do so. Any remedial work which is put in hand by the customer directly without first notifying us and allowing us a reasonable opportunity to inspect and agree such work and its cost will invalidate this guarantee in respect of those defects.

7.5          Where we supply goods or services to a partnership or a company or to a customer who is acting in the course of a business or a commercial operation (a “Business Customer”) then:

7.5.1      No article supplied by us to a Business Customer shall carry an 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.

7.5.2      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 of importer of that article.

7.5.3      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 articles supplied by us.

8              QUALITY STANDARDS

8.1          We shall complete our work to the agreed specification and, in the absence of any other contractual term as to quality, to a quality commensurate with the leisure marine industry.

9              ACCESS TO PREMISES/WORK ON THE VESSEL

9.1          No work or services shall be carried out on a vessel, gear, equipment or other property on our premises without prior written consent except for minor running repairs or minor maintenance of a routine nature by the customer or his regular crew.  It shall be an absolute condition that all work is carried out in full compliance without Health and Safety, environmental and access policies and that it does not cause and nuisance or annoyance to us, any other customer of person residing in the vicinity, and does not interfere with our schedule of work or the good management of our business. We shall not be responsible to the customers or third parties for the consequence of any person’s failure to respect any part of this condition but we shall be entitled to demand the immediate cessation of any work which in our view breaks these requirements.

9.2          While we or our subcontractors are working on a customers’ vessel or equipment the customer shall not have access to it except by prior arrangement. We will agree reasonable access when it is safe to do so and when it will not interrupt or interfere with our works schedule.

10           RIGHT OF SALE

10.1        We accept, vessels, gear, equipment and other property for repair, refit, maintenance or storage subject to the provisions of the Torts (interference with goods) Act 1977. This act confers a right of sale on us in circumstances where customer fails to collect or accept re-delivery of the goods (which includes a vessel and any other property). A 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 recorded that:

10.1.1    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 repair or treatment has been carried out:

10.1.2    Our obligation as custodian of goods accepted for storage ends when we give notice to the customer:

10.1.3    The place for delivery and collection shall normally be at our premises.

Advice regarding the act and its effect may be obtained from any of the sources referred to at clause 7.1 above.

10.2        Maritime law entitles us in certain circumstances to bring action against a vessel to recover a debt or damages. Such an 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 after a change of ownership. Sale of a vessel or other property may also occur through the enforcement of court order or judgement.

11           SUBCONTRACTING

11.1        We may subcontract all or part of the work entrusted to us by the customer, on terms that any such subcontractor shall have the protection and benefit of all rights and conditions, and of all limitations and exclusions of liability, which exist for us under these terms of business. Where we exercise this right we shall remain responsible to the customer for the performance of our subcontractor.

12           NOTICES

12.1        Notice to a customer shall be sufficiently served if personally given to him or if sent by first class post to the customers last known address. Notices to us should be sent by first class post to our principle trading address or registered office.

13           LAW AND JURISDICTION

13.1        Any contract or series of contracts made subject of these terms shall be subject to and governed by Manx Law.

13.2        In the case of Business Customers and dispute arising under them shall be submitted to the exclusive jurisdiction of the courts of the Isle of Man.

13.3        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 the Isle of Man.

14           STORAGE

14.1        There is no charge for vessels to be stored whilst being actively worked on by us.

14.2        Where a vessel has been delivered at our premises for inspection and quotation, after 5 working days from quotation date unless agreement to works received any vessels that are not removed will incur a storage charge of £20 + vat per day inside storage or £5 + vat per day outside storage.

14.3        Upon completion of works, any vessels not collected from outside our facilities within 5 working days will incur a storage charge of £20 + vat per day inside storage or £5 + vat per day outside storage.

15           WEATHER CONDITIONS

15.1        As the Isle of Man is subject to specific weather conditions, we cannot guarantee that certain works will be able to be carried out in a timely manner.  Some items of work require a consistent period of good or dry weather which in more recent times cannot be guaranteed.

15.2        Bottom Line will endeavour to carry out all works as expediently as possible but cannot be held responsible for delays due to inclement weather conditions or prolonged periods of unseasonal weather, or liable to any costs arising from any such delay.

15.3        Bottom Line will endeavour to keep customers up to date and advise any such delays in a timely manner.