We and our employees accept no responsibility for loss, damage or delay arising from any cause whatsoever unless such loss, damage or delay was caused by, or resulted from, our negligence or deliberate act or that of those for whom we are responsible. Subject to that exception, all vessels and gear are repaired, worked on, moved, stored or otherwise managed and kept at the sole risk of the Owner. Customers should therefore ensure that their vessels and/or property are adequately insured against all risks; they also should ensure that they are themselves adequately insured against third party risks as they may be liable for damage caused by their vessels, themselves or their crew whilst on or about the premises.
Subject to express agreement to the contrary any delivery date quoted is given in good faith and is not guaranteed, but delivery shall be within a reasonable time of any date specified, bearing in mind all the circumstances of the particular case.
This clause applies only where we supply goods to a person who buys in the course of a business (“a business customer”).
a) No article supplied by us to a business customer shall carry any warranty or condition of sale, express or implied, as to quality, or as to fitness for any particular purpose, unless the customer when he orders that article sufficiently explains the purpose for which for which it is required and makes it clear that he is relying on our skill and judgement.
b) No proprietary article ordered from us by name, type and/or size by a business customer shall carry any such warranty or condition of sale, save so far as we can pass on a manufacturer’s warranty.
In no event do we accept liability to a business customer for consequential damage beyond replacement of any faulty or unsuitable article supplied.
In the interest of safety and expedience, we reserve the right to move any vessel and/or gear at our discretion.
All persons using any part of our premises and/or facilities for whatever purpose and whether by invitation or otherwise do so at their own risk, unless any injury; or damage to person or property sustained within the premises and/or facilities was caused by, or resulted from, our negligence or deliberate act or that of those for whom we are responsible.
a) Subject to paragraph (b) of this condition no work shall be done to the vessel whilst on our nominated premises or moorings without our prior written consent other than minor running repairs or minor maintenance of a routine nature by the owner, his regular crew, or members if his family not causing any nuisance or annoyance to any other users of our premises or moorings or any other person residing in the vicinity. b) Prior written consent for work to be carried out on our nominated premises will not without good cause be withheld where:(i) the work to be carried out is work for which we, or our concessionaires or those who normally carry out work on our behalf, would normally employ a specialist subcontractor or (ii) the whole of the work is being carried out under warranty by the manufacturer and/or supplier of the vessel or any part of her equipment to which the warranty relates.
In all cases where a contract hire or licence to occupy any moorings, berth, storage space, property or facilities may be lawfully terminated by notice, the same shall be deemed to be lawfully served if served personally or sent by registered post or recorded delivery service to the last known address in the United Kingdom of the Hirer or Licensee.
Vessels stored at seasonal rates ashore or in mud berths will be launched or put afloat as near the end of the seasonal period as in our opinion tide weather conditions and available facilities permit and in such sequence as to avoid moving other vessels for this purpose and also so as to make the most economical use of the facilities at our disposal. At the Owner’s request, we will, if possible, launch his vessel at any suitable tide and weather conditions, but the cost of moving other vessels for this purpose and/or any attendant expenses must be paid for by the Owner. Moorings are at all times subject to River and Harbour Authority Rules and Regulations.
Subject to express agreement in writing to the contrary, all materials remaining at the same level as those prevailing at the time of quotations given by us are subject to a levy of 20% plus the cost of labour and the quotation, and the quoted price shall be increased or decreased by the amount which the actual cost of labour, materials and overheads has increased or decreased by reason of variation of the aforesaid levels since the date of the quotation. However, the quotation shall not be adjusted to meet increased costs which would not have occurred by for our failure to proceed with the work with reasonable despatch.
Any quotation is subject to acceptance within seven days from the date thereof.
In the absence of any written agreement or arrangement to the contrary, delivery is given at our nominated yard or in the water adjacent thereto.
Quotations cover only the work and/or items specified thereon, and all additions, alterations, waiting time and any additional costs due to modified instructions will be charged to the customer at given prices. If in the course of executing any work, we find any defect in a vessel and/or its gear that in our opinion should be rectified without delay and before the Owner’s consent can be obtained, we reserve the right to carry out such necessary repair at our discretion and to charge same to the Owner, notice of any such rectification will be forwarded to the Owner forthwith.
Unless otherwise specified, our terms of payment for goods supplied, work done or accommodation provided are due as follows:
(i) A down payment of 50% of the quotation when the order is placed,
(ii) The remainder payable on the day of completion of works or before removal of the vessel or goods, whichever shall be earlier. If the vessel or goods are not removed on the dates required, we shall have the right thereafter to make or pass on to the Owner any reasonable mooring or storage charges.
Subject to any agreement to the contrary, we have the right to exercise a general lien upon any vessel and/or its gear and equipment whilst in or upon our nominated premises or afloat at any or our nominated moorings, until such time as any moneys due to us from the Owner in respect of such vessel and/or its gear whether on account of storage or mooring charges, work done or otherwise shall be paid.
Acceptance by us of goods (including vessels and/or their engines, gear and equipment) for repair or other treatment or for mooring or storage is subject to the provisions of the Torts (Interference with Goods) Act 1977, which confers on us as bailees a right of sale exercisable in certain circumstances. Such sale will not take place until we have given notice to the Owner in accordance with the Act. For the purpose of the Act it is hereby recorded that: a) goods for repair or other treatment are accepted by us on the terms that the Owner will take delivery of the goods in accordance with Clause 11 of these terms when the repair or other treatment has been carried out b) our obligation as custodian of goods accepted for mooring or storage ends upon expiry or lawful termination of the grant to the Owner of facilities for mooring or storage
Save as provided for business customers under Clause 3, all goods are supplied with the benefit of the appropriate under-taking (particularly as to conformity of goods with description or sample, and as to their quality or fitness for a particular purpose) which are implied by the Sale of Goods Act 1893 as amended. Nothing in these terms shall affect those statutory rights.
Except where notice is required to be given under Clauses 12 or 15, and except as regards Clause 14, the word “Owner” shall include a Charterer, Master, or Authorised Agent.
Subject to express agreement to the contrary, all orders written or verbal are accepted on the understanding that the foregoing terms of business shall apply to each and every transaction.
Emergency Call Outs are where an engineer is required to attend in under 24hours from first call. TMSE requires a minimum payment to be made in full, by card payment before the engineer will be despatched to the job. The minimum payment will be advised by the engineer, following a telephone consultation with the customer. Prices will be as per the below:
Emergency Call Out fees:
- £120 Emergency Call Out fee – covers the 1st hour’s labour but does not cover the cost of any parts required
- Any additional hours charged at £80 per hour (usual business hours) or £120 per hour for out of hours (standard hours 0700-1800)
- Plus, parking and travel at the engineer’s discretion
- Parts will be invoiced separately, following engineers initial call out
In accordance with the Data Protection Act 2018, we set out our Data Protection summary
1. Personal data will be processed fairly and lawfully.
2. Our company name is Thames Marine Services Engineering (TMSE) Ltd and we will only collect information that is relevant for us as a company to provide services and goods to our customers. You can access the information held and correct it if it is incorrect by contacting us. We will not use any information held with other third parties unless there is a lawful request for such information or we have obtained your permission beforehand.
3. Personal data will only be processed for lawful specific purposes.
4. We will only use the data to carry out our provision of services and goods to our customers.
5. We will only collect personal data that is adequate for us to carry on as a business providing services and goods to our customers, only data that is relevant to do this and will not be excessive i.e. the bare minimum
6. We will aim to keep any personal data up to date and accurate. This may include asking you to provide/confirm details that we may have previously received.
7. We will keep personal data for minimum of 6 years and maximum of 8 years.
8. Personal data shall be processed in accordance with the rights of data subjects under this Act.
9. You have a right to a copy of the information that we hold on your personal data, right to object to processing that may cause damage or distress, right to prevent direct marketing, right to object to decisions being taken by automated means, right for inaccurate personal data to be rectified, blocked, erased or destroyed and right to claim compensation for damages caused by a breach of the Act
10. Your personal data will be kept secure and safe from tampering, loss and unlawful processing to the best of our ability and in line with our security policy
11. Your personal data will not be transferred outside of the European economic area.
For further information please contact your local depot or email firstname.lastname@example.org
If you require a paper copy of your Terms and Conditions, please contact us using one of the methods below stating clearly your name, address and customer reference number.
Post: TMS Engineering Ltd, 9-10 Copper Row, London SE1 2LH
Phone: 020 3935 4814
Updated: June 2022