1. In these terms-
(a) The Expressions 'Royal Blue Marine' shall mean Jonathan Evans Marine Ltd trading as Royal Blue Marine ,company number 5534596 .
(b) The Expression 'Buyer', 'Price' and 'Vessel' shall have the meanings defined overleaf
2.
(a) The Buyer shall pay to Royal Blue Marine a sum equivalent to 15% of the price on or before the signing hereof in part payment for used craft .In the case of new boats the payment terms are 20% deposit prior to signing the agreement ,30% due on hull moulding ,30% due on engine installation with the final balance of 20% on notification that the vessel is ready for hand over to the customer at the companies location.
(b) The balance of the price shall be payable when the Buyer takes possession of the Vessel or (if earlier) shall be deemed to have accepted the Vessel in accordance with paragraph 7 hereof
(c) All monies required to be paid by the Buyer under this agreement shall be paid to Royal Blue Marine whose receipt shall be sufficient to discharge the Buyer.
3.
(a) The price includes VAT at the rate in force at the time of this Agreement and if the rate of VAT applicable to the Vessel varies before payment shall be due then the price will be increased or reduced to reflect the rate applicable to the transaction.
(b) Unless otherwise agreed in writing, the Price does not include charges for insurance when the vessel is at the risk of the Buyer, or delivery or storage and Royal Blue Marine reserve the right to charge an additional fee to the Buyer in respect of any such items incurred on behalf of the Buyer.
(c) The Buyer agrees to pay interest to Royal Blue Marine on all sums not paid by the date when they fall due hereunder at the rate of 4% above Base Rate of Barclays Bank from time to time, such interest to be calculated on daily basis.
4. The Buyer may upon written notice to Royal Blue Marine and at his own expense and risk within ten days of signing this Agreement haul up and place ashore and/or open up the vessel and/or her machinery for the purpose of inspection and/or survey. The Buyer shall be liable to Royal Blue Marine for any injury, loss or damage suffered by Royal Blue Marine which arises out of or results from any act or thing done by or on behalf of the Buyer for the purpose of inspecting and/or surveying the vessel and/or her machinery.
5. If such inspection and/or survey and material defect or defects in the vessel and/or her machinery, which have not been admitted to the Buyer by Royal Blue Marine before the inspection and/or survey, are found the Buyer may within seven days of the date hereof give notice to Royal Blue Marine of his rejection of the vessel, providing always that the notice shall specify the defect or defects complained of, and this Agreement shall be rescinded. Items caused by fair wear and those commensurate to the age of the vessel will be excluded as with items that would have been noted by a purchaser on a visual inspection.
6. In the event of this Agreement being rescinded under the provisions of paragraph 5 the Buyer shall forthwith close up the vessel and make good at his own expense any damage caused during the inspection and/or survey and return her to her former position. Royal Blue Marine shall then thereupon return the monies referred to in paragraph 2(a) above to the Buyer less the cost of the inspection and/or survey but otherwise without deduction and neither party shall have any claim against the other under this Agreement.
7. The Buyer shall be deemed to have accepted the vessel and the balance of the Price become due in accordance with paragraph 2 hereof on the happening of the following events.
(a) On delivery of the vessel or upon the expiry of seven days from signing of this Agreement whichever is the earlier provided that no inspection or survey has commenced as herein set out.
(b) Upon the expiry of seven days after the completion of the inspection and/or survey referred to in paragraph 3 hereof, providing that the Buyer has not within that period served upon Royal Blue Marine a valid notice in accordance with paragraph 5 hereof.
(c) Upon the signing by the Buyer a Certificate of Acceptance.
8. The place at which delivery shall take place will be at Royal Blue Marine's premises or at such alternative premises as are specified overleaf.
9. The vessel shall be at the risk of Royal Blue Marine until she has been deemed to have been accepted by the Buyer. If the vessel shall be lost or become a constructive total loss before such acceptance this Agreement shall be null and void and any monies paid by the Buyer shall be returned to him without deduction but without interest and the Buyer shall have no claim against Royal Blue Marine for damages or otherwise.
10. The property in the Vessel shall not pass to the Buyer until he has paid the Price in full.
11. If the Buyer shall make default in paying the Price in accordance with the provisions hereof, Royal Blue Marine may after giving the Buyer fourteen days notice in writing of their intention to do so, sell the vessel, either by Public Auction or Private Treaty, and in such case any monies paid by the Buyer hereunder shall be forfeited to Royal Blue Marine and paid to them forthwith, without prejudice to Royal Blue Marine's right to claim from the Buyer the amount of any loss incurred in connection therewith, due allowance having been made for the forfeited deposit. The vessel shall at Royal Blue Marine's risk from the expiry of the aforesaid notice or its repossession by them whichever is the sooner.
12. This condition does not and will not restrict a consumer's statutory rights
(a) This Agreement shall be subject to implied conditions set out in Section 12 of the Sale of Goods Act 1979.
(b) Where the Buyer is dealing as a consumer as defined by the Supply of Goods (Implied Terms) Act 1973 or any other legislation from time to time in effect, this Agreement shall be subject to the implied conditions set out in Sections 13, 14 and 15 of the Sale of Goods Act 1979.
(c) Save as set out in sub-paragraph (a) and (b) above hereof, all conditions or warranties as to the condition, quality, description or fitness for any particular purpose of the vessel or her contents or her equipment are excluded, and Royal Blue Marine will not be bound or liable for any representation of any kind made about the vessel or her contents unless such representation is made in writing and signed by Royal Blue Marine or their duly authorised agent.
(d) Royal Blue Marine accepts liability for any death or personal injury resulting from their negligence
(e) Save the aforesaid, Royal Blue Marine shall not be liable for any loss or damage whether caused by negligence of Royal Blue Marine, their agents or servants or in any other way whatsoever and shall in no circumstances be liable for any loss of profit business or production or any similar loss or damage whether direct, indirect or consequential, however caused.
13. This paragraph shall only apply where a vessel is accepted by Royal Blue Marine in part exchange for the vessel ('The Exchanged Goods').
(a) Royal Blue Marine shall buy and the Buyer shall set the Exchange Goods on the date of purchase of the Vessel at the exchange price specified overleaf.
(b) The Buyer shall delivery the Exchanged Goods to Royal Blue Marine by the date specified overleaf.
(c) The Exchanged Goods shall be at risk of the Buyer until they have been delivered to Royal Blue Marine.
(d) If Royal Blue Marine has examined the Exchanged Goods prior to this Agreement the Exchanged Goods shall be delivered to or in the same condition as when examined subject only to fair wear and tear.
(e) If Royal Blue Marine has not examined the Exchanged Goods the Buyer hereby warrants the accuracy of the description thereof set out overleaf.
(f) If the Exchanged Goods are not delivered to Royal Blue Marine by the date specified overleaf, Royal Blue Marine may at any time before such delivery revalue the Exchanged Goods and then make such deduction from the allowance in respect of the Exchanged Goods as it considers reasonable and it shall forthwith notify to the Buyer the amount of such revaluation. In the event of a revaluation which reduces the payment in respect of the Exchanged Goods by more than 2 ½ % for each calendar month from the date of Agreement to the date of such revaluation the Buyer may terminate this Agreement and Royal Blue Marine shall thereupon return the Exchanged Goods to the Buyer provided that any deposit previously paid to Royal Blue Marine may be retained by Royal Blue Marine.
(g) The Buyer hereby warrants that the Exchanged Goods shall be subject to no charge or encumbrance other than any specified overleaf and further warrants that any encumbrance so declared are capable of cash settlement by Royal Blue Marine and hereby authorizes Royal Blue Marine to discharge by payment to any encumbrance such sums as are required to procure such discharge. Upon such payment being effected by Royal Blue Marine the amount so paid shall be deducted from the exchanged price stated overleaf.
(h) In the event of termination of this Agreement for whatsoever reason, if the goods have been delivered to Royal Blue Marine then Royal Blue Marine shall have the option of either returning the Exchanged Goods to the Buyer or paying the Buyer the exchanged price less 20%.
14. In the event of any dispute between the parties as to whether a defect in the vessel is a material defect, or as to whether a deficiency is a material deficiency or as to whether Royal Blue Marine shall have to properly make good such a material defect or deficiency, the parties shall jointly appoint a qualified Marine Surveyor from the list of Members of the Yacht Brokers, Designers & Surveyors Association to consider and adjudicate upon the matter in dispute between the parties. The cost thereof shall be jointly borne by both parties and they shall be bound by his decision.
15. Any notice in writing required to be to be given herein shall be deemed to have been properly given if sent by pre-paid post addressed to Royal Blue Marine or the Buyer at their address shown overleaf.
16. No alteration to these terms will be binding on the parties unless it is in writing and signed on behalf of both parties.
17. This agreement shall be governed and constructed in accordance with the laws in England and Wales.
18. If the Agreement is expressed to be Conditional both parties agree to use their best endeavors to satisfy such condition and the Buyer agrees to notify Royal Blue Marine when the Condition has been satisfied. If the condition has not been satisfied within 21 days of the date of the Agreement either party shall have the right to terminate the Agreement forthwith by giving written notice to the other whereupon Royal Blue Marine will return the deposit to the Buyer without interest and neither party shall have any further claim hereunder.
19. The Buyer hereby agrees that if the Seller is called upon to undertake any works to the goods whether of repair replacement adjustment or otherwise pursuant to any warranty or guarantee given to the Buyer by the Seller or by the manufacturer of the goods or any equipment fitted to the goods whether such warranty or guarantee shall be given expressly or implied by or by statute or otherwise that the Buyer will deliver the goods the Seller or other such premises as the Seller shall direct in order that such works may be undertaken or otherwise will pay to the Seller by way of reimbursement such sum as is incurred by it in arranging for its engineers and/or workmen to travel to the place where the goods are ordinary kept by the Buyer including the cost of accommodating the said engineers and workmen remaining at such place for the time required for them to carry out any such works.
20. If any parts of these terms shall be held to be invalid or shall not apply to the contract the remaining parts of the terms shall continue in full force and effect.