JWH Marine Services Ltd - 13287385-  Terms of Business,

Last Updated: 11/11/2024

These Terms of Business (“Terms”) apply to all products and services provided by JWH Marine Services Ltd, a company registered in England and Wales with company number 13287385 and registered office at 41 Dormer Road, Eastville, Bristol, BS5 6XH. (“we,” “us,” "ourselves" or “our”).

The "Client" shall be referred to as "You & Your" from now on-  

By engaging with our services, you (“Client”) agree to these Terms. If you do not agree to these Terms, please refrain from using our services.

 

1. Services -

1.1 Scope of Services -

• We provide but not limited to the following - Marine engineering services, Trailer Servicing, Refrigeration Services from - consulting, design, product supply, Installation and Maintenance.

• The details, scope, and specifications of services will be defined in separate Statements of Work, Proposals, or Purchase Orders (“Work Agreements”).

1.2 Modification of Services -

• We reserve the right to modify or terminate any services provided, with reasonable notice given to the Client as seen fit by "us".

2. Fees and Payment Terms -

2.1 Fees -

• The fees for our services are detailed in the relevant Work Agreement. All amounts are in GBP unless otherwise specified.

• We reserve the right to charge a cancellation fee on ANY service that we provide if the terms of our service/ contract are not met.

2.2 Payment Terms -

• Payment is due a maximum 14 days from the invoice date unless otherwise stated.

• Invoices will be issued as per the terms in the Work Agreement via email and physical form (If required and pre confirmed).

2.3 Late Payments -

• Interest on late payments is charged at 8% per annum above the Bank of England base rate, in line with the Late Payment of Commercial Debts (Interest) Act 1998.

• We reserve the right to suspend services if payments are overdue by more than two days - 48h of invoice due date stated.

• We reserve the right to charge a late payment fee of £75 + VAT per day over due, this will come into force two days after the invoice due date. This is inclusive of 48h goodwill, this fee may only be wavered by the company director on an individual case to case basis with any supporting evidence.

• We reserve the right to charge you the "client" any costs incurred with reclaiming our fees and/or parts. You SHALL be responsible for the full payment of any third party fees which are as a result of non payment. 

2.4 Refunds -

• Refunds MAY be granted at our discretion based on individual circumstances however there is no guarantee. 

3. Client Obligations -

• You SHALL provide a "clean, suitable & safe" work space for any of our team members to complete the services/works required. This MAY range from but NOT limited to a "safe & suitable" ground to "Jack" the trailer safely, allow access beneath i.e, "dry, clear and sanitary" ground!

• You SHALL provide access to ALL keys, locks and security devices that may hinder our works or safety to either ourselves, you or your equipment.

• You SHALL be responsible for payment in full for our services and work carried out unless otherwise stated in writing from an otherised member of our team. 

3.1 General Obligations -

• The Client shall provide accurate information, instructions, and necessary support for us to fulfil our services.

• Any delay caused by the Client MAY result in an extension of timelines and/or additional fees.

3.2 Compliance -

• The Client agrees to comply with all applicable laws, regulations, and these Terms while using our services.

4. Intellectual Property -

4.1 Ownership -

• All intellectual property rights in materials created by us during the provision of services shall be owned by us unless otherwise agreed in writing.

• All parts will remain in "our" ownership until payment in full, "we" reserve the right to remove any parts at any time that hasn't been paid for "IN FULL" by the invoice due date.

• We reserve the right to taking, holding and posting pictures of work "we" have completed and/or using them for advertisement, quality checking or training. The "client" has no standard right to these however licencing my be agreed separately. 

4.2 Licence -

• Upon full payment of all fees, we grant the Client a non-exclusive, non-transferable licence to use deliverables for the purposes specified in the Work Agreement.

5. Confidentiality -

5.1 Obligations -

• Both parties agree to treat any information disclosed as confidential, except where disclosure is required by law.

• The client agrees not to slander against JWH Marine Services Ltd, any member of staff &/or families associated with the business.

• You the "client" agrees to contact JWH Marine Services Ltd if "you" wish to raise a grievance at any point.

• The client agrees to reimburse JWH Marine Services Ltd for any "accidental damage" or Malicious damage caused to our equipment whilst on a "clients" site

or "our" workshop.

5.2 Duration -

• These confidentiality obligations remain in effect for 5 years following the termination/ Completion of services.

6. Limitation of Liability -

6.1 Exclusion of Liability -

• To the maximum extent permitted by law, we shall not be liable for indirect, incidental, or consequential losses, including loss of profit or business interruption.

6.2 Cap on Liability -

• Our total liability in any circumstances is limited to the total fees paid by the Client for the services provided under the relevant Work Agreement.

6.3 Force Majeure -

• "We" are not liable for any delay or failure to perform due to circumstances beyond "our" reasonable control.

• "We" are not liable for any manufacturing errors or damaged caused by these.

7. Termination -

7.1 Termination by Either Party -

• Either party may terminate the services by giving 3 days’ written notice however there maybe a fee incurred due to costs & loss of potential work.

7.2 Termination for Cause -

• We reserve the right to terminate immediately if the Client breaches these Terms or engages in conduct that we determine is harmful to our business or reputation.

• We reserve the right to terminate immediately if the Client, Family or friends of the client engages in conduct that we determine is harmful or unsafe to our equipment, "our" person or the environment.

7.3 Consequences of Termination -

• Upon termination, all outstanding fees become immediately due, and any deliverables provided must be returned or destroyed.

8. Data Protection and Privacy -

• Both parties agree to comply with the Data Protection Act 2018 and any other applicable data protection legislation.

• Our Privacy Policy here provides more information on how we handle personal data.

9. Governing Law and Jurisdiction -

• These Terms are governed by the laws of England and Wales.

• Any disputes arising from these Terms or services provided shall be subject to the exclusive jurisdiction of the courts of England and Wales.

10. Miscellaneous -

10.1 Entire Agreement -

• These Terms and any applicable Work Agreement constitute the entire agreement between the parties and supersede all prior discussions or agreements.

10.2 Amendments -

• Any amendments or modifications to these Terms must be made in writing and signed by both parties.

10.3 Severability -

• If any provision of these Terms is found to be unenforceable, all other provisions shall remain in effect.

 

Acceptance -

By proceeding with our services, you acknowledge that you have read, understood, and agree to these Terms.

 

JWH Marine Services Ltd - 13287385 -

Registered Office: 41 Dormer Road, Eastville, BS5 6XH- Postal only

Contact Email: Info@Jwhmarineservices.com

Phone:+44 7977 602 603