1 LIABILITY
1.1 We shall not be liable for any loss of damage caused by events of circumstances beyond our reasonable control (such as severe weather conditions, the actions of third parties not employed by us or any defect in a customer’s or third party’s property); this extends to loss of damage to vessels, gear, equipment or other property left with us for work or storage, and harm to persons entering our premises or using any of our facilities or equipment.
1.2 We shall take reasonable and proportionate steps having regard to the nature and scale of our business to maintain security at our premises, and to maintain our facilities and equipment in reasonably good working order; but in the absence of any negligence or other breach of duty by us vessels and other property are left with us at the customer’s own risk and customers should ensure that their own personal and property insurance adequately covers such risks.
1.3 We shall not be under any duty to salvage or preserve a customer’s vessel of other property from the consequences of any defect in the vessel or property concerned unless we have been expressly engaged to do so by the customer on commercial terms. Similarly we shall not be under any duty to salvage or preserve a customer’s vessel or other property from the consequences of an accident which has not been caused by our negligence or some breach of duty on our part. However we reserve the right to do so in any appropriate circumstances, particularly where a risk is posed to the safety of people, property or the environment. Where we do so we shall be entitled to charge the customer concerned on a normal commercial basis.
1.4 Customers may themselves be liable for any loss or damage caused by them, their crew or their vessel and while their vessel or other property is on our premises or is being worked on by us they shall be obliged to maintain adequate insurance, including third party liability insurance cover for not less than £2,000,000.00, and, where appropriate, Employers’ Liability cover in respect of any employee. Customers shall be obliged to produce evidence of such insurance to us within 7 days of a request to do so.
2 PRICES AND ESTIMATES
2.1 In the absence of express agreement to the contrary our price for work shall be based on labour and materials expended and services provided.
2.2 We will exercise reasonable skill and judgement when we give an estimate or indication of price. However such estimates are always subject to the accuracy of information provided by the customer and are usually based only n a superficial examination and will not include the cost of any emergency work which may be necessary to the vessel, gear or equipment nor the cost of any extensions to the work comprised in the estimate.
2.3 We will inform the customer promptly of any proposed increase in estimated prices and the reason for it and will only proceed with the work or supply with the approval of the customer. The customer shall remain responsible for the cost of labour and materials already supplied or remaining to be supplied which are not affected by the proposed increase in price.
3 DELAYS
3.1 Any time given for completion of our work is given in good faith but is not guaranteed. We shall not be responsible for any delay in completion of the work or for the consequences of any such delay unless it arises from our wilful acts or omissions or from our negligence.
4 VESSEL MOVEMENTS
4.1 We reserve the right to move any vessel, gear, equipment or other property at any time for reasons of safety, security or good management of our business and premises.
5 PAYMENT
5.1 Payments for parts are due upon quotation prior to ordering, upon commencement of labour the prepayment transfers to works carried out and the title of the parts remain with Bottom Line until full final payment has been received by us, see 6.1.
5.2 Unless otherwise agreed between us payment for all work, goods and services shall be due immediately on invoice date. Payment shall be deemed to have been made when we receive cash or cleared funds at our bank.
5.3 We have the right to charge interest on any sum outstanding for more than 30 days (except in the case of a reasonable and proportionate retention by the customer of any amount genuinely in dispute between us and the customer) on the outstanding balance of 4% above Bank of England base rate which may be calculated daily up to date of actual payment, In the case of business customers this rate will be substituted with the current rate applicable under late payment legislation.
5.4 We reserve the general right (“a general lien”) to detain and hold on to a customer’s vessel or other property pending payment by the customer of all sums due to us. We shall be entitled to charge the customer for storage and the provision of any ongoing services at our normal daily rates until payment (or provision of security) by the customer and removal of the vessel or property from our premises. The customer shall be entitled to remove the vessel or other property upon providing proper security, for example a letter of guarantee from a Bank reasonably acceptable to us or lodgement of a cash deposit with a professional third party agent, sufficient to cover the debt with interest and, where the debt is contested, a reasonable provision for our prospective legal costs. This right does not affect the customer’s entitlement to withhold a proportionate part of the price in respect of alleged defects but where that amount is in dispute between us the customer shall be required to provide security for the full amount pending resolution of dispute.
5.5 Our customers’ attention is drawn also to the note at clause 10.2 of these terms of business regarding other rights which exist at law.
6 RETENTION OF TITLE/RISK
6.1 Title to all goods, equipment and materials supplied by us to a customer shall remain with us until full payment has been received by us.
6.2 Risk in all goods, equipment and materials supplied by us to a customer shall pass to the customer at the time of supply to the customer.
7 GUARANTEE
7.1 Advice on whether a customer is “a consumer” or otherwise protected by some or all of the consumer protection legislation in force in the United Kingdom may be obtained from any local trading standards office, the citizen’s advice bureau, the office of fair trading or any firm of solicitors (who may charge). Online guidance can be obtained at http://www.gov.im/oft/consumers/
7.2 A customer who is a consumer has certain minimum statutory rights regarding the return of defective goods and claims for losses. These rights are not affected by these terms.
7.3 In addition to the statutory rights provided by English law we guarantee our work for a period of 12 months from completion against all defects which are due to poor workmanship or defective materials supplied by us. This guarantee applies only to the customer to whom the work or materials were supplied. We shall be liable under this guarantee only for defects which appear during this 12 month period and which are promptly notified to us in writing at our trading address or registered office set out on our letterhead. The geographical are within which this guarantee will be honoured is restricted to the Isle of Man.
7.4 On notification of such defects, we will investigate the cause and if they are our responsibility under the terms of this guarantee we will promptly remedy them or, at our option, employ other contractors to do so. Any remedial work which is put in hand by the customer directly without first notifying us and allowing us a reasonable opportunity to inspect and agree such work and its cost will invalidate this guarantee in respect of those defects.
7.5 Where we supply goods or services to a partnership or a company or to a customer who is acting in the course of a business or a commercial operation (a “Business Customer”) then:
7.5.1 No article supplied by us to a Business Customer shall carry an express or implied term as to its quality or its fitness for any particular purpose unless prior to the supply the Business Customer has sufficiently explained the purpose for which it is required and made it clear that he is relying on our skill and judgement.
7.5.2 No proprietary article specified by name, size or type by a Business Customer shall carry any such express or implied term but we will assign to the Business Customer any rights we may have against the manufacturer of importer of that article.
7.5.3 We accept no liability to indemnify a Business Customer against any loss of profit or turnover which he or his customer or any other person may sustain in consequence of the failure of any faulty or unfit articles supplied by us.
8 QUALITY STANDARDS
8.1 We shall complete our work to the agreed specification and, in the absence of any other contractual term as to quality, to a satisfactory quality.
9 ACCESS TO PREMISES/WORK ON THE VESSEL
9.1 No work or services shall be carried out on a vessel, gear, equipment or other property on our premises without prior written consent except for minor running repairs or minor maintenance of a routine nature by the customer or his regular crew. It shall be an absolute condition that all work is carried out in full compliance without Health and Safety, environmental and access policies and that it does not cause and nuisance or annoyance to us, any other customer of person residing in the vicinity, and does not interfere with our schedule of work or the good management of our business. We shall not be responsible to the customers or third parties for the consequence of any person’s failure to respect any part of this condition but we shall be entitled to demand the immediate cessation of any work which in our view breaks these requirements.
9.2 While we or our subcontractors are working on a customers’ vessel or equipment the customer shall not have access to it except by prior arrangement. We will agree reasonable access when it is safe to do so and when it will not interrupt or interfere with our works schedule.
10 RIGHT OF SALE
10.1 We accept, vessels, gear, equipment and other property for repair, refit, maintenance or storage subject to the provisions of the Torts (interference with goods) Act 1977. This act confers a right of sale on us in circumstances where customer fails to collect or accept re-delivery of the goods (which includes a vessel and any other property). A sale will not take place until we have given notice to the customer in accordance with the act. For the purpose of the act it is recorded that:
10.1.1 Goods for repair or other treatment are accepted by us 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 repair or treatment has been carried out:
10.1.2 Our obligation as custodian of goods accepted for storage ends when we give notice to the customer:
10.1.3 The place for delivery and collection shall normally be at our premises.
Advice regarding the act and its effect may be obtained from any of the sources referred to at clause 7.1 above.
10.2 Maritime law entitles us in certain circumstances to bring action against a vessel to recover a debt or damages. Such an action may involve the arrest of the vessel through the courts and its eventual sale by the court. This right of arrest and sale may continue to exist against a vessel after a change of ownership. Sale of a vessel or other property may also occur through the enforcement of court order or judgement.
11 SUBCONTRACTING
11.1 We may subcontract all or part of the work entrusted to us by the customer, on terms that any such subcontractor shall have the protection and benefit of all rights and conditions, and of all limitations and exclusions of liability, which exist for us under these terms of business. Where we exercise this right we shall remain responsible to the customer for the performance of our subcontractor.
12 NOTICES
12.1 Notice to a customer shall be sufficiently served if personally given to him or if sent by first class post to the customers last known address. Notices to us should be sent by first class post to our principle trading address or registered office.
13 LAW AND JURISDICTION
13.1 Any contract or series of contracts made subject of these terms shall be subject to and governed by Manx Law.
13.2 In the case of Business Customers and dispute arising under them shall be submitted to the exclusive jurisdiction of the courts of the Isle of Man.
13.3 In the case of customers’ who are consumers or who are not contracting in the course of business any dispute shall be submitted to the non-exclusive jurisdiction of the courts of the Isle of Man.
14 STORAGE
14.1 There is no charge for vessels to be stored whilst being actively worked on by us.
14.2 Where a vessel has been delivered at our premises for inspection and quotation, after 5 working days from quotation date unless agreement to works received any vessels that are not removed will incur a storage charge of £20 + vat per day inside storage or £5 + vat per day outside storage.
14.3 Upon completion of works, any vessels not collected from outside our facilities within 5 working days will incur a storage charge of £20 + vat per day inside storage or £5 + vat per day outside storage.
15 WEATHER CONDITIONS
15.1 As the Isle of Man is subject to specific weather conditions, we cannot guarantee that certain works will be able to be carried out in a timely manner. Some items of work require a consistent period of good or dry weather which in more recent times cannot be guaranteed.
15.2 BottomLine will endeavour to carry out all works as expediently as possible but cannot be held responsible for delays due to inclement weather conditions or prolonged periods of unseasonable weather, or liable to any costs arising from any such delay.
15.3 Bottom Line will endeavor to keep customers up to date and advise any such delays in a timely manner.
Bottom Line Ltd. Privacy Policy
Bottom Line Ltd. takes all necessary steps to ensure GDPR compliancy.
This privacy policy will explain how our organization uses the personal data we collect from you when you use our website, interact with us by phone, land-mail, email or in person.
Topics:
What data do we collect?
How do we collect your data?
How will we use your data?
How do we store your data?
Marketing
What are your data protection rights?
What are cookies?
How do we use cookies?
What types of cookies do we use?
How to manage your cookies
Privacy policies of other websites
Changes to our privacy policy
How to contact us
How to contact the appropriate authorities
What data do we collect?
Bottom Line Ltd. collects the following data:
• Personal identification information (Name, physical address, email address, phone number, etc.)
• Your IP address, Browser and version, Operating system, Time and date, the site from which you came.
• Details about your vessel (including engine model and serial numbers, etc.)
How do we collect your data?
You directly provide Bottomline with most of the data we collect. We collect data and process data when you:
• Register online or place an order for any of our products or services.
• Voluntarily complete a customer survey or provide feedback on any of our message boards or via email.
• Use or view our website via your browser's cookies.
• Pass data to us by phone, land-mail, email or in person
How will we use your data?
Bottom Line Ltd. collects your data so that we can:
• Process your order and manage your account.
• Email you with special offers on other products and services we think you might like.
• Instruct trusted partners to supply goods and services that you have ordered from us.
Organizations that may receive your data: 3-Legs Ltd, EP Barrus Ltd, Yamaha
Motor Europe (UK), Bainbridge International Ltd. Navionics UK Ltd. ASAP supplies Ltd and Paypal.
When Bottom Line Ltd. processes your order, it may send your data to, and also use the resulting information from, credit reference agencies to prevent fraudulent purchases.
How do we store your data?
Bottom Line Ltd. securely stores your data on secure servers administered and maintained by our GDPR compliant trusted supplier 3-Legs Ltd.
Bottom Line ltd. will keep your personal data until instructed to delete.
Marketing
Bottom Line Ltd. would like to send you information about products and services of ours that we think you might like.
If you have agreed to receive marketing, you may always opt out at a later date.
You have the right at any time to stop Bottom Line Ltd. from contacting you for marketing purposes or giving your data to other members of the Bottom Line Ltd. Group.
If you no longer wish to be contacted for marketing purposes, please send an email to dean@bottomline.im
What are your data protection rights?
Bottom Line Ltd. would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:
The right to access - You have the right to request Bottom Line Ltd. for copies of your personal data. We may charge you a small fee for this service.
The right to rectification - You have the right to request that Bottom Line Ltd. correct any information you believe is inaccurate. You also have the right to request Bottom Line Ltd. to complete information you believe is incomplete.
The right to erasure - You have the right to request that Bottom Line Ltd. erase your personal data, under certain conditions.
The right to restrict processing - You have the right to request that Bottom Line Ltd. restrict the processing of your personal data, under certain conditions.
The right to object to processing - You have the right to object to Bottom Line Ltd.'s processing of your personal data, under certain conditions.
The right to data portability - You have the right to request that Bottom Line Ltd. transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at our email:
Call us at: 01624 671671
Or write to us: Bottomline Ltd, Unit 8, Side rd. Middle river industrial estate, Douglas, Isle of Man IM2 1AL
What are cookies?
Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information. When you visit our websites, we may collect information from you automatically through cookies or similar technology.
For further information, visit allaboutcookies.org.
How do we use cookies?
Bottom Line Ltd. uses cookies in a range of ways to improve your experience on our website, including:
Keeping you signed in
Understanding how you use our website
Website and system administration
Research and development
Anonymous user analysis
What types of cookies do we use?
There are a number of different types of cookies, however, our website uses:
Functionality - Bottom Line Ltd. uses these cookies so that we recognize you on our website and remember your previously selected preferences. These could include what language you prefer and location you are in. A mix of first-party and third-party cookies are used.
Advertising - Bottom Line Ltd. uses these cookies to collect information about your visit to our website, the content you viewed, the links you followed and information about your browser, device, and your IP address. Bottom Line Ltd. sometimes shares some limited aspects of this data with third parties for advertising purposes. We may also share online data collected through cookies with our advertising partners. This means that when you visit another website, you may be shown advertising based on your browsing patterns on our website.
How to manage cookies
You can set your browser not to accept cookies.
However, in a few cases, some of our website features may not function as a result.
Blocking Cookies. If you do not wish to accept any cookies then you can change the cookie policy of your web browser to not accept cookies:
MS Edge - https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy
Firefox - https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
Google Chrome - https://support.google.com/chrome/answer/95647
Safari macOS - https://support.apple.com/kb/ph21411
Safari iOS - https://support.apple.com/en-us/HT201265
Privacy policies of other websites
The Bottom Line Ltd. website contains links to other websites. Our privacy policy applies only to our website, so if you click on a link to another website, you should read their privacy policy.
Changes to our privacy policy
Bottom Line Ltd. keeps its privacy policy under regular review and places any updates on this web page. This privacy policy was last updated on 10 October 2019.
How to contact us
If you have any questions about Bottom Line Ltd.'s privacy policy, the data we hold on you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us.
Email us at: dean@bottomline.im Call us: 01624 671671
Or write to us at: Bottomline Ltd, Unit 8, Side rd. Middle river industrial estate, Douglas, Isle of
Man IM2 1AL
How to contact the appropriate authority
Should you wish to report a complaint or if you feel that Bottom Line Ltd. has not addressed your concern in a satisfactory manner, you may contact the Information Commissioner's Office in your area.
