Terms & Conditions of Service (Installation & Labour)

1 - Introduction

1. These terms and conditions govern the supply and installation of marine electronics and electrical equipment, and the provision of technical support, fault-finding, and related services ("the Services") by Sealutions Marine Ltd ("the Company").
2. By accepting a quotation, placing an order, or otherwise engaging the Services of the Company, you ("the Customer") agree to be bound by this agreement. No other terms or conditions shall apply unless agreed upon in writing by a director of the Company.

2 - Quotations, Pricing & Variations

1. Hardware and Materials
   All prices for hardware and other itemised materials listed on a quotation are a firm offer, valid for 30 days from the date of issue. After 30 days, the Company reserves the right to re-quote.
2. Sundry Items
   Quotations may include an estimate for non-itemised sundry items (e.g., cables, connectors, terminals, fuses, sealant, consumables). The final cost of these items will be calculated upon completion of the work.
3. Labour
   Labour charges in a quotation are estimates based on the anticipated time to complete the work under normal conditions. The final invoice will reflect the actual time spent. The Company will make every effort to inform the Customer if it appears the estimated time is likely to be significantly exceeded.
4. Travel Charges
   See section 5 (Travel Charges)
5. Variations
   Any change or addition to the scope of work described in the quotation, whether requested by the Customer or required due to unforeseen vessel conditions, shall be considered a "Variation". All Variations must be agreed in writing (including by email) by the Customer before the additional work is performed, and will be chargeable at the Company's standard rates.

3 - Payment & Title to Goods

1. Hardware Deposit
   The Customer is required to pay for all itemised hardware and materials in full before any such items are ordered by the Company.
2. Labour Deposit
   1. For jobs where the estimated labour is less than four hours, a deposit equivalent to one hour of the quoted labour rate, plus 100% of the estimated travel rate is required upfront.
   2. For all other jobs, a deposit of 40% of the estimated labour cost, plus 100% of the estimated travel rate is required before the start of the job.
3. Final Payment
   The final balance, including the remaining labour costs, sundry items, and any charges for variations, is due upon completion of the work and receipt of the final invoice.
4. Late Payment & Interest
   If the final balance is not paid within 30 days of the issue date of the final invoice, the Company reserves the right to charge interest on the overdue amount. Interest will be charged daily from the 31st day at a rate of 8% above the Bank of England base rate, until the outstanding balance is paid in full.
5. Retention of Title
   Legal and beneficial ownership of any hardware and materials supplied by the Company shall not pass to the Customer until the Company has received, in cleared funds, payment in full for those goods and all other sums due from the Customer. The Company reserves the right to enter the Customer's vessel to recover such goods in the event of non-payment.

4 - Customer's Obligations

1. Access
   The Customer shall provide the Company with safe, clear, and unimpeded access to the vessel and work areas at the agreed-upon times.
2. Preparation
   The Customer is responsible for preparing the vessel for the work to be carried out. This includes emptying lockers and clearing spaces required for access. Time spent by the Company's personnel preparing these areas will be chargeable at our standard hourly rate.
3. Safe Environment
   The Customer warrants that the vessel is a safe working environment and will inform the Company of any known hazards.
4. Services
   The Customer shall provide access to necessary onboard services, such as 240V AC shore power and appropriate DC power, unless otherwise agreed in writing.

5 - Travel Charges

1. Local Area
   Travel to and from job locations within our designated local area is included within our standard labour charges and is not billed separately. Our local area is defined as the region covering Chichester Town Centre to Birdham Pool Marina, and Fishbourne to Donnington.
2. Outside the Local Area
   For work performed outside the designated local area, travel time is chargeable. This is charged at our standard hourly rate of £55for the round trip, from the boundary of our local area to your vessel's location and back. Travel time is calculated and billed in 15-minute increments.
3. Estimated vs. Actual Travel Time
   Quotations will include an estimate of the travel charge, based on anticipated journey times using standard navigation tools. However, the final invoice will reflect the actual time spent travelling. This is to account for unforeseeable delays such as traffic, road closures, or other events beyond our control.

6 - Delays and Force Majeure

1. Any timeframe or date provided for completion of the work is an estimate only. The Company will make all reasonable efforts to complete the work within the specified time.
2. The Company shall not be liable for any delays or failure to perform its obligations caused by circumstances beyond its reasonable control (a "Force Majeure Event"). This includes, but is not limited to, acts of God, supply chain issues, adverse weather conditions, fire, flood, strikes, or unforeseen technical problems.
3. The Company shall not be liable for delays caused by the Customer's failure to comply with their obligations under this agreement, including failure to provide access or a safe working environment. Any costs incurred by the Company due to such delays will be chargeable to the Customer.

7 - Warranties and Exclusions

1. Labour Warranty
   The Company provides a 1-year warranty on its labour and workmanship from the date of the final invoice. This warranty covers the rectification of any defects directly caused by faulty installation or repair work performed by the Company.
2. Labour Warranty Voidance
   The labour warranty will be rendered void if any person(s) not employed or contracted by the Company amend, alter, modify, or in any way interfere with the work performed by the Company.
3. Product Warranty
   All new products supplied by the Company are subject to the manufacturer's warranty only. The Company will provide reasonable assistance to the Customer in making a warranty claim with the manufacturer. The terms, conditions, and decisions of the manufacturer are outside the Company's control.
4. Warranty Exclusions
   The Company's labour warranty does not cover defects arising from:
   1. Fair wear and tear, willful damage, negligence, or abnormal working conditions.
   2. Misuse, lack of maintenance, or failure to follow manufacturer instructions.
   3. Damage from external events such as water ingress (not caused by the Company's installation), lightning strikes, or power surges.
5. Out-of-Warranty Work
   Any work performed by the Company outside the scope of the labour or manufacturer's warranty, including diagnostics, will be chargeable at our standard rates. This includes costs associated with accessing the product for a manufacturer's warranty claim (e.g., travel, removal of panels).

8 - Cancellation

1. If the Customer cancels this agreement after the Company has ordered hardware or materials, the Customer shall be liable for the full cost of those items. If the items can be returned to the supplier, the Customer will be liable for any restocking fees incurred by the Company.
2. The 40% labour deposit is non-refundable if the Customer cancels the work within 7 days of the scheduled start date.

9 - Limitation of Liability

1. The Company shall maintain appropriate Public Liability Insurance.
2. The Company's total liability to the Customer for any and all claims arising from this agreement (whether in contract, tort (including negligence), or otherwise) shall be limited to the total value of the invoice for the specific Services giving rise to the claim.
3. The Company shall not be liable to the Customer for any indirect or consequential loss, including but not limited to, loss of profit, loss of charter, mooring fees, or loss of use of the vessel.
4. The Customer is responsible for ensuring their vessel is fully insured against all relevant risks for the duration of the work.

10 - General

1. Data Protection
   The Company will handle and store the Customer's personal data in accordance with the UK General Data Protection Regulation (GDPR) and our Privacy Policy.
2. Statutory Rights
   Nothing in these terms and conditions shall affect the Customer's statutory rights as a consumer.
3. Severability
   If any provision of this agreement is found by any court or competent authority to be invalid, illegal, or unenforceable, that provision shall be deemed deleted, but the validity and enforceability of the other provisions shall not be affected.
4. Governing Law and Jurisdiction
   This agreement, and any dispute or claim arising out of it, shall be governed by and construed in accordance with the law of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.

11 - Company Information

12 - Contact Information

Telephone
01243 200569

Email
[email protected]