1. Terms and Conditions
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2. These terms and conditions govern the legal and contractual relationships between the Company its officers and employees HEREINAFTER referred to as the Company which includes the following entities; River Arun Management Ltd, Osborne of Arun Group Management Ltd, William Osborne Services Limited, Arun Shipyard Properties Ltd, Arun Timber Docks Ltd including any associated Companies, and all entities HEREINAFTER referred to as Owner(s) that use or benefit from the Company's Land, Property or Services provided or supplied by the Company. These are our Standard Terms and Conditions for the provision of Workshops, Business space, Storage Facilities, Residential Dwellings or Facilities of any nature including marine related Facilities, Moorings, Commercial or Residential.
3. Any person or persons HEREINAFTER referred to as Owner(s) whether having made an application in writing, orally or simply by placing, using or by leaving Chattels, Equipment, Vehicles, Vessels or anything tangible that is not the property of the Company or by utilising the Company’s Land, Property, Space or other Services has and is deemed to have entered into contract with the Company subject to the Terms and Conditions contained herein to provide moorings or storage or accommodation, commercial and residential and all ancillary services HEREINAFTER referred to as “Services”, for the Owner and their vessel, equipment, goods, chattels or personal property HEREINAFTER referred to as “Chattels” on and from the commencement date shown on the Application or the date on which the Owner placed or caused the Chattels to be placed on the Companies Property including the Arun Shipyard, Arun Timber Docks and other areas controlled or subsequently acquired by the Company, (whichever is the earliest, time being of the essence in all aspect of this agreement) and thereafter until determined by either party in accordance with the Schedule (as amended) of the Company which the Owner acknowledges to have read and agrees to accept under the terms of this licence and further agrees to be bound by the said Schedule of Charges as displayed on the Companies premises and to pay the amounts due in the manner stated on the application and the Schedule of Charges.
This Licence is made between the Company of the one part and the Owner of the other part.
WHEREBY IT IS AGREED as follows:
4. The expression "Owner" wherever used shall include a Person, Company, Master, Agent, Charterer, or any other person lawfully in charge of the Chattels or who places the Chattels on the Company’s Property. It also includes anyone who agrees to use or occupy any of the Company’s property, workshops hard standing or business units, residential units or the waste facilities provided on any of the Company’s sites.
5. The Company will permit the Owner to use or occupy a predetermined area of the company’s property, moor or store the Chattels referred to above in a position on the Company’s Property to be indicated from time to time by the Company or its agents. The Owner may from time to time park cars or vessels or use common areas of the Company’s land and shall pay to the Company a sum that shall be calculated as £5.00 per day per car parking space or similar area. The minimum time shall be 1 week and the date of commencement where it is unknown shall be determined by the Company in the absence of agreement with the Owner.
6. This Licence shall enure from the commencement date and throughout the period confirmed by the Owner in the Application and thereafter for similar periods if the Chattels remain at the Property unless otherwise arranged and the Owner shall during the continuance of this Licence from and after the commencement date pay to the Company a Licence Fee and other charges for the provision of Water, Electricity and Waste disposal as well as interest on late payments as estimated by the Company whose estimate will be final and conclusive proof of the owners liability in accordance with the Schedule of Charges from time to time in force a copy of which at present in force having been supplied to the Owner as he hereby acknowledges. The Owner may determine this Licence by notice in writing not less than 30 days after expiry of the initial licensed period subject to all fees and charges due to the Company being settled in full at the time of notice being given and received of determination and on providing vacant possession of all the space utilised, it being expressly agreed that any items of rubbish or chattels left behind shall be disposed of by the Company at the prevailing rate quoted for by Biffa or Grundons which cost will be paid by the Owner.
7. The Company and the Owner hereby agree:
That it is not the intention of either of them to create between them the relationship of Landlord and Tenant and this Licence is personal to the Owner and is not assignable or capable of being disposed of or dealt with in any way whatsoever. That the Company have the right to exercise a general lien upon the Chattels until such times as any monies due to the Company or its Associate Companies or assignees, from the Owner in respect of the Chattels, whether on account of storage or mooring charges, commission, electricity, telephone, Chattels supplied, work done or otherwise, shall be paid, and if moored, the right to transfer the Chattels ashore if the Company so desires and the Company in such case shall not be liable for any damage to the Chattels howsoever caused. In the event that any mooring, storage and/or other charges due to the Company or its Associate Companies in respect of any Chattels, gear or other property moored or deposited with the Company are 3 months in arrears the Company shall have the right to a possessory Lien upon the chattels and it is expressly agreed that the Company have the right to continue Charging the owner during the period in which the Lien is being exercised.
8. That the Company or their nominee may sell such Chattels, gear or other property or any part thereof by public auction or private sale and after deducting the cost of such sale retain and apply the residue of the proceeds of such sale in payment of or towards all charges due to the Company by the Owner. Provided always that the Company before exercising this right shall send by recorded delivery to the Owner at his last known address one month's notice in writing of their intention so to do and in the event of the Company being unaware of the Owner's address then the Company shall be allowed to carry out such right of sale within one month after giving notice of their intention so to do in the Littlehampton Gazette.
9. That this Licence shall be subject to Torts (Interference with Goods) Act 1977 and subsequent amendments. That the Company have the right to moor, re-moor, move, enter or carry out any emergency work on the Chattels without prior notice to the Owner if in the Company's opinion it shall be necessary for the safety of the Chattels or the safety and/or convenience of other users of the Services and the Owner will pay the Company's reasonable charges for such work. That all reservations and orders, written or verbal, are accepted by the Company on the understanding that the terms of this licence and general terms of business as displayed on the premises of the Company shall apply to each and every transaction.
10. The Owner hereby agrees and undertakes with the Company that he and his agents, servants and licensees will at all times whilst his Chattels are on the Property;
Observe and perform the stipulations, conditions and regulations set out in this document and the Schedule which are stipulations and regulations common to all Owners of Chattels at the Property and subject to which all work is undertaken and facilities are provided. Observe and perform the stipulations imposed from time to time by the Local Planning Authorities in respect of the Chattels insofar as such stipulations refer to the use of the premises by the Owner. Indemnify the Company from and against all actions proceedings and claims by third parties in respect of any damage or liability caused by or arising from the wilful act neglect or default of the Owner or the Company or any person at the Property at the invitation express or implied of the Owner his agents servants Guests and licensees. Effect adequate insurance in respect of the Chattels, including third party insurance for a minimum of £250,000, and from time to time produce to the Company on request evidence of such insurance and the receipt for the current premium.
11. If at any time any payment due hereunder from the Owner is unpaid for 14 days after becoming due or if the Owner shall fail to observe and perform any of the agreements and undertakings on his part herein contained then the Company may without prejudice to any right in respect of any antecedent breach by the Owner of any of the terms hereof by notice in writing served upon the Owner (which notice shall be sufficiently served if posted to the Owner's last known address or if affixed to the Chattels) forthwith determine this Licence and the Owner shall thereupon vacate the Property and remove therefore the Chattels and all other things whatsoever belonging to him. It is expressly agreed between the Owner and the Company that where the Owners payments are over 7 days late then the Company may charge the Owner interest on those late payments at a rate of 3% per Month. In addition, the Owner agrees to meet the Company’s legal, professional and debt collection fees, costs and disbursements that the Company may incur in order to obtain payment of all and any sums arising out of this agreement. It is also expressly agreed that the Company shall assist the owner in keeping to a minimum any further costs by withdrawing or terminating all services such as water, and electricity whilst sums are outstanding, this is at the Company’s absolute discretion.
12. The Chattels may not be used for habitation unless the residential rate has been paid. Neither the Owner nor any other person connected with the Chattels may remain on the premises outside business hours without written permission of the Company. The Chattels are at all times to be kept in a safe and tidy condition. The Owner is not permitted to display notices for selling of the Chattels, without prior written permission from the Company.
13. The Owner is not permitted to park vehicles on the premises. It is expressly the Owner's responsibility to ensure that his Chattels are adequately protected from all risks included in which is flooding, the property is prone to flooding quarterly and the owner must ensure that the Company has a separate Key to the owners Unit or space for use only in emergency.
14. The Owner must not do anything which may be or become or grow to be a nuisance or annoyance to the Company or other users of the Premises and must not cause any damage to the Company's property. The Owner must compensate and indemnify the Company against all damage sustained by it due to any neglect or default of the Owner or any person at the invitation express or implied of the Owner.
15. The Owner must notify the Company of all changes of postal address, email or telephone numbers.
16. The Owner may sell or dispose of his chattels and a Commission of 10%, shall be payable as sponsored by the Ship and Boat Builders National Federation and approved by the Royal Yachting Association. All outstanding fees and charges must be paid in full at the time of the sale or transfer. Additional terms stipulated by the Company, may apply to the private sale of any Chattels licensed. Such terms are set out in the Schedule of Charges. Commission is payable whilst the Chattels are under licence even if the sale transaction is concluded off the Company premises. In the event that the Chattels remain on the Company's property The Owner will be responsible for all fees and charges relating to the Chattel until the Company has entered into a new contract with the "New Owner" and released the Owner from his liability under the original contract. An Owner may not repudiate a contract or his liability for the fees due in respect of his Chattels on the basis or a sale or transfer of ownership unless the Company has formally released the Owner and entered into a new contract.
17. Chattels and gear are repaired, worked on, moved, stored and otherwise managed and kept at the sole risk of the Owner, and the Company and their employees accept no responsibility for loss, damage, or delay occurring from any cause whatsoever, even if such loss, damage, or delay was caused by, or resulted from, their negligence. The Owner must therefore ensure that his Chattels and/or property is adequately insured against all risks, and effect insurance against third party risks for a minimum of £250,000 as he may be liable for damage caused by his Chattels, himself or his crew whilst on or about the Company's premises. All persons using any part of the Company's premises and/or facilities for whatsoever purpose and whether by invitation or otherwise do so entirely at their own risk, and expressly hold the Company harmless from action or responsibility and further indemnify the Company against any action, suit, writ or claim as a result of any injury or damage to person or property sustained within the premises and/or facilities even if caused by, or resulted from, the Company's negligence or that of those for whom the Company is responsible.
18. It may be necessary to introduce amended or additional Terms and Conditions from time to time in the light of changed circumstances or Government legislation in which case an appropriate notice to this effect will be displayed at the Company Office. Such amendments or additional Terms and Conditions are deemed to be part of this licence. In the event of the Chattels changing ownership during the licensed period, the Company will continue to provide service at charges related to the current schedule of Charges, until otherwise determined, for the Client named on the Application:
19. The Owner hereby gives the Company permission to carry out credit checks from time to time subject to the Data Protection Act. In accordance with the GDPR the Owner consents to allowing its data to be used in the provision of the services and other activities by the Company in addition to those activities specified in the Companies Terms and Conditions necessary for it to undertake its contractual duties to the Owner, Local Government and other agencies who have statutory powers over the Company. The Company will not sell or otherwise allow any third party access to the Owners Data unless requested to under English or European law or by the Owner.
20. All notices and correspondence may be sent via post to the Company’s address at the Rope House, Rope Walk, Littlehampton, West Sussex BN17 5DH or email to robertboyce@msn.com Tel 01903 713996
21. These Terms and Conditions and The Schedule of Charges below are affixed to the Company’s main notice board at the reception and available at all times during business hours, they are available on line at www.osborneofarun.co.uk. These prices represent the current market price and costs as set out by the Company, these prices may be varied by agreement in writing between the parties.
22. The Owners liability to pay for the space or services used is created by either the Owners utilisation of the Company’s space or by agreement and the liability to pay the Company does not depend upon the creation of an invoice nor upon the Company submitting to the Owner an Invoice, bill or other demand, the liability is created and exists whether demanded or not and that demand can be in any form including oral, email, in writing or by text message, whatsapp or other electronic medium without limitation.
23. The Company uses closed circuit television (CCTV) to protect the Company’s property and to provide a safe and secure environment for its Licensees, employees and visitors to the Company’s business premises.
The data collected from the system will assist in:
(a) Prevention or detection of crime or equivalent malpractice.
(b) Identification and prosecution of offenders.
(c)Monitoring of the security of the Company’s business premises.
(d) Ensuring that health and safety rules and Company procedures are being complied with.
(e) Identification of unauthorised actions or unsafe working practices that might result in disciplinary proceedings being instituted against employees and to assist in providing relevant evidence.
Schedule of Charges revised 25 January 2019
24. Daily mooring and hard standing rates from 1 to 15 Metres LOA £25.00 per day, 15 to 25 Metres LOA £50.00 per day.
25. Annual Contract Prices
26. Deep water and Mud Dock Quay £360 alongside or £280.00 per metre, per annum moored 90° to quay.
27. Pontoon Berths (Deep) £360.00 per metre, per annum adjacent to quay Pontoon Berths rafted up £280.00 per metre, per annum Mud Berths £200.00 per metre, per annum (no access to quay) dry/wet building dock £29.00 per day.
28. For a Houseboat, or live aboard, a ground rent of £220 PCM is payable in advance plus the contractual price per metre.
29. Hardstanding and storage prices (prices assume the Owner is already paying mooring fees for their chattels)
30. Compound Boats £1.25 per metre, per day
31. Under Cover Workshops poa
32. Stores and workshops from £4.99psf to £10.00psf
33. Offices from £15.00psf to £25.00psf
34. ANCILLARY CHARGES
35. Electric and Water facility charge £35.00 per month
36. Electricity Usage 35p per unit (or as charged by the utilities supplier)
37. Trailer Storage from £35.00 per week
38. Rubbish disposal and cleaning £40.00 per Hr By weight £70 per 500kgs
39. Commercial business premises are subject to the above terms and conditions but also subject to separate price negotiation, however at no time will the Company ever permit a tenancy or licence that gives security of tenure to an Owner or contractual third party.