By using the website, you agree to accept the following terms and conditions. If you do not wish to accept these terms and conditions, you may choose not to use this site or contact us to ask for further information.
This site is owned by Beaulieu Enterprises Ltd which is a private limited company, registered in England ( company no. 00152186) with its registered office at John Montagu Building, Beaulieu, Brockenhurst, Hampshire SO42 7ZN.
Storage Ashore Accommodation means the land space temporarily allocated to the owner from time to time by the Company for the storage ashore of the vessel during the term of the Licence.
Vessel shall include any form of craft, boat, ship, yacht, dinghy, multihull, or other marine structure which is in the care and control of the Owner.
The Company shall not be liable for any loss or damage caused by events or circumstances beyond its reasonable control (such as severe weather conditions, the actions of third parties not employed by it or any defect in a customer’s or third party’s property); this extends to loss or damage to vessels, gear, equipment or other property left with it for work or storage, and harm to persons entering the premises or the harbour and/or using any facilities or equipment.
The Company shall take reasonable and proportionate steps having regard to the nature and scale of its business to maintain security at the premises, and to maintain the facilities and equipment at the premises and in the harbour in reasonably good working order. But in the absence of any causative negligence or other breach of duty on the part of the company, vessels, gear, equipment and other property are left with the Company at the Owner’s own risk and Owners should ensure that their own personal and property insurance adequately covers such risks.
Owners may themselves be liable for any loss or damage caused by them, their crew or their vessels and they shall be obliged to maintain adequate insurance including third party liability cover for not less than £2,000,000, and cover against wreck removal and salvage, and, where appropriate, Employers’ Liability cover to at least the statutory minimum. The owner shall be obliged to produce evidence to the company of such insurance within 7 days of a request to do so.
The Owner shall, and shall procure that his crew, members of his family comply with all applicable laws when using the Company’s Harbour and Premises.
The Company shall have the right (without prejudice to any other rights in respect of breaches of the terms of this Licence by the Owner) to terminate this Licence in the following manner in the event of any breach by the Owner of this Licence; If the Owner fails to remove the Vessel on termination of this Licence whether under this Condition or otherwise), the Company shall be entitled:
to charge the Owner at the Company’s 24 hour rate for overnight visitors for each day between termination of this Licence and the actual date of removal of the Vessel from the Harbour and Premises; and/or
at the Owner’s risk (save in respect of loss or damage directly caused by the Company’s negligence or other breach of duty during such removal) to remove the Vessel from the Harbour and Premises and thereupon secure it elsewhere and charge the Owner with all costs reasonably arising out of such removal including alternative berthing fees.
Any notice of termination under this Licence shall, in the case of the Owner, be served personally on the Owner or sent by registered post or recorded delivery service to the Owner‘s last known address and in the case of the Company shall be served at its principal place of business or registered office.
Where the Company accepts a Vessel, gear, equipment or other goods for repair, refit, maintenance or storage the Company does so subject to the provisions of the Torts (Interference with Goods) Act 1977. This Act confers a Right of Sale on the Company in circumstances where a customer fails to collect or accept re-delivery of the goods (which includes a Vessel and/or any other property). Such sale will not take place until the Company has given notice to the customer in accordance with the Act. For the purpose of the Act it is recorded that:
Goods for repair or other treatment are accepted by the Company 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 the repair or treatment has been carried out.
The Company’s obligation as custodian of goods accepted for storage ends on its notice to the customer of termination of that obligation;
The place for delivery and collection of goods shall be at the Company’s Premises unless agreed otherwise.
Maritime Law entitles the Company in certain other circumstances to bring action against a Vessel to recover debt or damages. Such action may involve the arrest of the Vessel through the Courts and its eventual sale by the Court. Sale of a Vessel may also occur through the ordinary enforcement of a judgment debt against the Owner of a Vessel or other property.
The Company reserves a general right (“a general lien”) to detain and hold onto the Owner’s Vessel or other property pending payment by the Owner of any sums due to the Company. If the Licence is terminated or expires while the Company is exercising this right of detention it shall be entitled to charge the Owner at the Company’s 24 hour rate for overnight visitors for each day between termination or expiry of this Licence and the actual date of payment (or provision of security) by the Owner and removal of the Vessel from the Harbour and Premises.
Subject always to the availability of parking space Owners and their crew may only park vehicles on the Premises in accordance with the directions of the Company. Vehicles left at owner’s risk.
The Owner shall at all times observe the Company’s Regulations and in particular:
The Owner shall provide and maintain at least one fire extinguisher, which is approved and manufactured to EN3 standards for portable fire extinguishers, and ensure it is fit for purpose for the vessel and ready for immediate use in case of fire.
No work shall be done on the Vessel, gear, equipment or other goods while on the Premises without the Company’s prior written consent other than minor running repairs or minor maintenance of a routine nature by the Owner, his regular crew or members of his family not causing nuisance, or annoyance to any other customer or person residing in the vicinity, nor interfering with the Company’s schedule of work, nor involving access to prohibited areas.
Prior written consent will not be unreasonably withheld where:
The work is of a type for which the Company would normally employ a specialist sub-contractor; or
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.
Notwithstanding the foregoing, during periods of work by the Company on the vessel, neither the Owner nor his invitees shall have access to the Vessel without the Company’s prior consent, which shall not be unreasonably withheld.
The Owner, his crew, members of his family and any person carrying out work on the Vessel is responsible for reporting to the Company all accidents involving injury to any person or damage to any public or private property that occur on the Premises as soon as possible after they occur.
Unless otherwise stated, the copyright and other intellectual property rights in all material in this site, including photographs and graphical images, is owned by Beaulieu Enterprises Limited or an associated entity. You are permitted to print or download extracts from this site on the following basis:
Use of documents and related graphics on this site is for information and non commercial or personal use only; any copies of these pages saved to CD or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for personal use.
Whilst we endeavour to ensure that this site is normally available 24 hours a day, we will not be liable if for any reason the site is unavailable at any time or for any period.
Access to this site may be suspended temporarily and without notice.
Whilst we endeavour to ensure that the information on this site is accurate, we shall not be liable for any damages arising from the use of or inability to use this site, or any information contained in it, or from any action or decision taken as a result of using this site or any such information.
We accept no responsibility for the content of any site to which a hypertext link from this site exists. The links are provided ‘as is’ with no warranty, express or implied, for the information provided therein.
By accessing any part of this site, you shall be deemed to have accepted these terms in full
These terms shall be governed by and construed in accordance with English Law.
@2x.png)
