SALES & RIGGING SERVICES
1. Definitions
In these Terms and Conditions:
Company means ML Masts and Rigging Limited trading as Martin Leaning Masts & Rigging.
Customer means any person, company, vessel owner or representative placing an order for Goods or Services.
Goods means all rigging, spars, fittings, rope, wire, rod rigging, furling systems, hardware, components and associated products supplied by the Company.
Services means inspection, consultancy, measurement, design, fabrication, repair, maintenance, installation, removal, rigging work, mast handling, crane coordination, work aloft and all related marine services provided by the Company.
2. Acceptance of Terms
2.1 These Terms and Conditions apply to all quotations, orders, sales and services supplied by the Company.
2.2 Acceptance of a quotation, placement of an order, payment of a deposit or instruction to commence work shall constitute acceptance of these Terms.
2.3 Any terms proposed by the Customer shall not apply unless expressly agreed in writing by the Company.
3. Quotations and Estimates
3.1 Quotations are valid for 30 days unless otherwise stated.
3.2 Quotations are based upon information supplied by the Customer and may be revised if additional requirements, defects or work become apparent.
3.3 Unless expressly stated, quotations are estimates only and may be adjusted where unforeseen work is required.
3.4 Dimensions, specifications and rigging schedules produced without physical measurement are based upon information available at the time and are supplied in good faith.
3.5 The Company reserves the right to correct clerical, technical or pricing errors.
4. Orders and Deposits
4.1 Orders may not be cancelled once materials have been ordered, fabrication commenced or services scheduled.
4.2 The Company may require a deposit before ordering materials or commencing work.
4.3 Deposits are non-refundable where materials have been purchased, manufactured or specifically allocated to the Customer’s order.
5. Prices
5.1 All prices are inclusive of VAT unless otherwise stated.
5.2 VAT shall be charged at the prevailing rate where applicable.
5.3 Delivery, freight, packaging, customs duties, import taxes, marina fees, are excluded unless specifically stated.
5.4 Prices may be adjusted where supplier pricing changes occur after quotation but before order confirmation.
6. Payment
6.1 Unless otherwise agreed in writing, payment is due on the date stated on the invoice.
6.2 The Company reserves the right to require payment prior to dispatch of Goods.
6.3 The Company may suspend work or withhold delivery where accounts are overdue.
6.4 Interest may be charged on overdue accounts in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
6.5 The Customer shall be responsible for all reasonable costs incurred in recovering overdue debts.
7. Retention of Title
7.1 Ownership of all Goods remains with the Company until payment has been received in full.
7.2 Risk in the Goods passes to the Customer upon delivery, collection, installation or transfer to a third-party carrier.
7.3 Until ownership passes, the Customer shall keep the Goods identifiable as the property of the Company.
8. Delivery and Collection
8.1 Delivery dates are estimates only.
8.2 The Company shall not be liable for delays caused by weather, supplier issues, transport failures, customs procedures, marina restrictions or other circumstances beyond its reasonable control.
8.3 Goods must be inspected upon receipt.
8.4 Any shortages, damage or discrepancies must be reported within seven days of delivery.
9. Custom-Made and Special Order Products
9.1 Standing rigging, rod rigging, swaged assemblies, spliced rope, cut-to-length rope, fabricated spars, custom fittings and special-order products are non-returnable and non-refundable.
9.2 Standard stock items may only be returned with prior written agreement and may be subject to handling and restocking charges.
9.3 Returned items must be unused and in original condition.
10. Rigging Inspections
10.1 Rigging inspections are visual assessments unless otherwise agreed in writing.
10.2 Inspections represent the condition of components observed at the time of inspection only.
10.3 The Company cannot guarantee future performance or freedom from failure of any rigging component.
10.4 Inspection reports are advisory and should not be regarded as certification of seaworthiness.
11. Existing Rigging, Spars and Vessel Structures
11.1 The Company cannot inspect or verify the condition of concealed, inaccessible or internal components unless specifically instructed.
11.2 This includes, but is not limited to:
- Internal mast fittings
- Mast tubes
- Chainplates
- Bulkhead structures
- Deck reinforcement
- Tangs
- Welds
- Fasteners
- Compression posts
- Structural bonding
11.3 Replacement of standing rigging or running rigging does not constitute certification of the entire rig.
11.4 Existing spars, chainplates and structural components remain the responsibility of the vessel owner unless specifically replaced by the Company.
12. Standing Rigging Service Life and Recommendations
12.1 Standing rigging components are subject to fatigue, wear, corrosion and deterioration over time, much of which may not be visible during routine inspection.
12.2 Industry guidance, insurers, surveyors and manufacturers commonly recommend replacement of standing rigging at intervals dependent upon vessel age, use, environment and rigging type.
12.3 Recommendations provided by the Company are based upon information available at the time and represent professional opinion only.
12.4 The Company may recommend replacement where:
- Rigging age is unknown;
- Rigging exceeds commonly accepted service life expectations;
- Corrosion, fatigue, cracking or wear is identified;
- Maintenance records are incomplete; or
- Continued use presents an increased risk of failure.
12.5 Where the Customer elects not to proceed with recommended work, the Company accepts no liability for any resulting rigging failure, dismasting, loss or damage.
12.6 No inspection shall be construed as a guarantee of future performance or continued fitness for purpose.
12.7 Responsibility for determining whether a vessel is fit for navigation, racing or offshore passage remains solely with the vessel owner and/or skipper.
13. Measurements, Specifications and Customer-Supplied Information
13.1 The Company may rely upon measurements, photographs, drawings and specifications supplied by the Customer.
13.2 The Customer is responsible for the accuracy and completeness of any information supplied.
13.3 The Company shall not be liable for costs, delays, remanufacture, replacement products, labour or shipping charges resulting from incorrect information supplied by the Customer.
13.4 Products manufactured from customer-supplied measurements shall be considered custom-made goods and are non-returnable.
13.5 Manufacturer data, historical records and vessel databases are provided for guidance only and may not reflect modifications to an individual vessel.
13.6 The Company reserves the right to recommend physical measurement before manufacture.
13.7 The Customer shall provide safe access where attendance is required for measurement.
14. Seized Fasteners, Corrosion and Hidden Defects
14.1 Removal of existing equipment may reveal hidden corrosion, fatigue, wear or damage not visible during initial inspection.
14.2 The Company shall not be responsible for damage resulting from removal of seized, corroded, bonded or previously damaged components.
14.3 Additional labour, specialist removal procedures, fabrication or replacement parts required as a result shall be chargeable.
14.4 The Company reserves the right to refuse reinstallation of any component considered unsafe or unsuitable for continued service.
14.5 Discovery of hidden defects may require revision of quotations and completion dates.
15. Vessel Insurance
15.1 The Customer warrants that the vessel is adequately insured whilst work is undertaken.
15.2 The Customer remains responsible for compliance with all insurer requirements relating to maintenance, surveys and standing rigging replacement.
15.3 The Company shall not be responsible for losses arising from inadequate insurance cover.
16. Mast Stepping, Unstepping and Crane Operations
16.1 Mast handling operations are subject to suitable weather conditions and safe working practices.
16.2 The Company reserves the right to postpone operations where conditions are considered unsafe.
16.3 The Company shall not be liable for delays caused by weather, marina restrictions, crane availability or third-party contractors.
16.4 The Customer remains responsible for ensuring adequate vessel insurance.
17. Working Aloft
17.1 All work aloft shall be undertaken in accordance with the Company’s safety procedures.
17.2 The Company reserves the right to suspend work where vessel condition, equipment condition or environmental factors present an unacceptable risk.
18. Storage, Uncollected Goods and Abandoned Property
18.1 Goods, masts, spars and equipment remaining uncollected for more than 30 days after notification may be subject to storage charges.
18.2 The Company may retain possession of Goods until all outstanding invoices and storage charges are settled.
18.3 Property remaining uncollected for more than 90 days after written notice may be treated as abandoned property.
18.4 The Company reserves the right to sell, recycle, dismantle or otherwise dispose of abandoned property to recover outstanding costs.
19. Racing, Offshore Use and Equipment Suitability
19.1 The suitability of any equipment supplied for cruising, racing, offshore sailing or any particular event remains the responsibility of the vessel owner and skipper.
19.2 The Company does not warrant compliance with any racing authority, class rule, insurer requirement or event regulation unless expressly agreed in writing.
19.3 Decisions regarding vessel operation and voyage planning remain solely the responsibility of the vessel owner and skipper.
20. Warranties
20.1 New Goods supplied by the Company are covered by applicable manufacturer warranties.
20.2 Workmanship is warranted for twelve months from completion.
20.3 Warranty claims must be notified promptly in writing.
20.4 Warranty excludes:
- Normal wear and tear;
- Corrosion;
- Electrolytic action;
- Improper maintenance;
- Grounding;
- Collision;
- Storm damage;
- Customer-supplied equipment;
- Third-party interference.
21. Limitation of Liability
21.1 Nothing within these Terms excludes liability for death or personal injury caused by negligence or any liability which cannot lawfully be excluded.
21.2 Subject to Clause 21.1, the aggregate liability of the Company shall not exceed the greater of the value of the relevant invoice.
21.3 The Company shall not be liable for:
- Dismasting;
- Loss of vessel use;
- Charter losses;
- Loss of profits;
- Business interruption;
- Consequential loss;
- Indirect loss;
- Travel or accommodation costs.
22. Force Majeure
The Company shall not be liable for delays or failure to perform resulting from circumstances beyond its reasonable control including severe weather, fire, flood, industrial action, supplier failure, transportation disruption, government restrictions or utility failures.
23. Intellectual Property
All drawings, calculations, rigging schedules, technical documents, reports and photographs produced by the Company remain the intellectual property of the Company unless otherwise agreed in writing.
24. Governing Law
These Terms and Conditions shall be governed by the laws of England and Wales.
Any dispute shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
Company Details
ML Masts & Rigging Ltd
South Lockside, Boatyard Compound
Port Solent
Portsmouth
Hampshire
PO6 4TJ
United Kingdom
Company Registration Number: 15538712
Email: info@martinleaning.co.uk
Website: www.martinleaning.co.uk