TERMS AND CONDITIONS OF BUSINESS
These Terms and Conditions apply to all works undertaken by us and form part of every contract, quotation, and instruction, whether written, verbal, or implied.
These Terms and Conditions apply to all works carried out by Tony Carlow, trading as Hull Gel.
PRIORITY AND INCORPORATION
These Terms and Conditions govern all enquiries, quotations, instructions, works, advice, inspections, services, and dealings with us. They apply whether or not a formal written contract is signed. They apply in addition to any quotation or agreement. Where a signed contract expressly conflicts with these Terms, the signed contract shall prevail only to the extent of the specific conflict. By instructing us, permitting access to the vessel, or allowing works to proceed, the Client accepts these Terms in full.
1. DEFINITIONS AND INTERPRETATION
In these Terms and Conditions, unless the context otherwise requires:
“We”, “Us”, “Our” means Tony Carlow trading as Hull Gel.
“Client” means the owner of the vessel, the person instructing the works, or any person acting with the authority of the owner.
“Vessel” means any boat, craft, or associated equipment to which the works relate.
“Works” means any services, repairs, inspections, advice, labour, or materials provided by us.
“Site” means any marina, yard, hardstanding, mooring, storage location, or other place where the vessel is located.
“Third Parties” means any persons or entities not employed by or under the direct control of us, including marina operators, crane operators, surveyors, engineers, and other contractors.
Headings are for convenience only and do not affect interpretation. Words importing the singular include the plural and vice versa. References to writing include email and electronic communications.
2. APPLICATION OF THESE TERMS
These Terms apply to all enquiries, quotations, instructions, works, advice, inspections, and services provided by us. They apply whether or not a formal written contract is signed. They apply in addition to any signed contract, quotation, or agreement. No other terms, including the Client’s own terms, shall apply unless expressly agreed by us in writing. The Client is deemed to have accepted these Terms by requesting works, accepting a quotation, allowing access to the vessel, allowing works to proceed, or making any payment. Failure to read these Terms does not invalidate their application.
3. QUOTATIONS, ESTIMATES AND VARIATIONS
All quotations are estimates only unless expressly stated as fixed in writing. Quotations are based on visible and accessible areas only and on information available at the time. We are not responsible for hidden, latent, or previously concealed defects. Where additional works become necessary due to hidden damage, deterioration, previous repairs, poor substrate condition, water ingress, or structural movement, such works constitute a variation. Variations may be approved verbally, in writing, or by conduct, including instruction to proceed or failure to object. Where urgent works are required to prevent further damage or risk, we may proceed without prior approval. Time estimates are non-binding and may be affected by weather, access, materials, site conditions, or third-party delays. Colour matching is undertaken on a best-match basis only. Exact colour replication cannot be guaranteed due to ageing, UV exposure, oxidation, and original manufacturing variation.
4. SCOPE OF WORKS AND EXCLUSIONS
Our responsibility is strictly limited to the works expressly described in the quotation or agreement. No obligation exists to identify additional defects, advise on unrelated issues, or inspect areas outside the agreed scope. Cosmetic repairs do not include structural, mechanical, electrical, gas, fuel, or safety-related systems unless expressly stated in writing. Any inspection or advice does not constitute a survey, condition report, valuation, or certification of seaworthiness. We are not responsible for the performance or condition of adjacent areas, previously repaired areas, or aged or degraded materials. Repairs may expose further defects for which we are not responsible.
5. CLIENT RESPONSIBILITIES
The Client warrants that they are the legal owner of the vessel or have full authority to instruct the works. The Client is solely responsible for the overall condition, safety, and seaworthiness of the vessel. The Client must disclose all known defects, faults, previous repairs, and areas of concern prior to commencement. We are not responsible for defects arising from age, wear and tear, fatigue, corrosion, osmosis, water ingress, previous repairs, or structural movement. Unless expressly agreed otherwise in writing, the Client remains responsible for all mechanical, electrical, fuel, gas, plumbing, heating, and winterisation matters. We do not provide winterisation services, frost protection, or ongoing monitoring unless expressly agreed in writing. The Client must maintain adequate insurance at all times. Personal belongings, loose items, and animals must be removed or secured prior to works. We accept no responsibility for loss or damage to personal effects. Safe and unobstructed access must be provided. Any delays, costs, or damage arising from unsafe access, restricted access, or inaccurate information remain the Client’s responsibility.
6. ACCESS, KEYS, CUSTODY AND POSSESSION
Access to the vessel is provided solely for carrying out the agreed works. Access does not constitute possession, custody, control, or responsibility. Holding keys, codes, or access devices does not constitute acceptance of responsibility, safekeeping, or security. Unless expressly agreed in writing, custody and control remain with the Client at all times. We do not provide security, caretaking, monitoring, or supervision. We are not responsible for theft, vandalism, weather ingress, third-party access, or the acts or omissions of marina staff, crane operators, or yard personnel. Where keys are held by us, this is for convenience only and creates no bailment or duty of care beyond the agreed works. We are not responsible for securing, locking, covering, or sealing the vessel unless expressly agreed in writing.
7. RISK, STORAGE AND ENVIRONMENTAL EXPOSURE
Marine vessels are inherently exposed to environmental risks. We are not responsible for damage caused by weather, rain, wind, frost, freezing, condensation, heat, UV exposure, river conditions, tides, or water-level changes. Storage ashore or afloat is entirely at the Client’s risk unless expressly agreed otherwise in writing. We are not responsible for deterioration occurring during the period the vessel is at the Site, including progression of osmosis, corrosion, or structural degradation. Any protective measures applied are temporary and limited to the scope of works only. No guarantee is given that the vessel will remain watertight, dry, or undamaged outside the immediate area of the works. Movement, lifting, blocking, or settlement while ashore may occur and we are not responsible for resulting damage unless caused by our proven negligence.
8. THIRD-PARTY CONTRACTORS AND SERVICES
We are not responsible for the acts, omissions, delays, or failures of Third Parties, including marina operators, yard operators, crane operators, surveyors, engineers, mechanics, electricians, or other contractors. We accept no responsibility for damage caused by lifting, launching, moving, blocking, or storage by Third Parties. Access by Third Parties does not transfer responsibility to us. Advice or reports from Third Parties are not adopted or endorsed by us. Coordination of Third Parties remains the Client’s responsibility unless expressly agreed otherwise in writing.
9. PAYMENT TERMS AND ENFORCEMENT
Payment terms are as stated on the quotation or invoice. Deposits are non-refundable once works commence or materials are ordered. Stage payments may be required. Invoices must be paid in full by the due date. Time for payment is of the essence. We may suspend works immediately if payment is overdue. Suspension does not constitute termination and does not relieve payment obligations. Interest may be charged at the statutory rate under the Late Payment of Commercial Debts (Interest) Act 1998. The Client is responsible for all reasonable recovery costs. Payment may not be withheld due to disputes or third-party claims. Title to materials remains with us until paid in full.
10. WARRANTIES AND GUARANTEES
Works are carried out with reasonable skill and care. No other warranties are given. Any warranty applies only to the specific works and not the vessel as a whole. Warranties exclude wear and tear, cosmetic ageing, UV degradation, oxidation, substrate failure, osmosis, structural movement, and water ingress outside the repaired area. No warranty is given for colour permanence or exact colour matching. Previously repaired and adjacent areas are excluded. Warranties are void where repairs are interfered with, further works are carried out by others, maintenance is inadequate, or payment is outstanding.
11. LIMITATION OF LIABILITY
Total liability for any claim arising out of or in connection with the works is limited to the value of the invoice for the specific works giving rise to the claim. We are not liable for loss of use, loss of enjoyment, loss of charter income, loss of profits, loss of resale value, or any consequential or indirect loss. We are not liable for damage arising from pre-existing defects, environmental exposure, or Third Parties. Nothing limits liability for death or personal injury caused by negligence where prohibited by law. Claims must be notified in writing within a reasonable time of discovery.
12. INDEMNITY
The Client indemnifies us against all claims, losses, liabilities, damages, costs, and expenses arising from the condition of the vessel, undisclosed defects, inaccurate information, acts or omissions of Third Parties, failure to maintain insurance, or third-party claims arising from the vessel or the works. This includes legal and professional costs and insurer claims. This indemnity survives completion, suspension, or termination.
13. SUSPENSION AND TERMINATION
We may suspend works immediately for non-payment, unsafe or restricted access, inaccurate information, scope changes, or abusive behaviour. Suspension is not termination. We may terminate for continued non-payment, material breach, or safety risk. Upon suspension or termination, all sums become immediately payable and we accept no responsibility for deterioration thereafter. Storage or standing charges may apply.
14. PHOTOGRAPHS, RECORDS AND EVIDENCE
We may photograph and record the vessel before, during, and after the works for quality control, evidence, insurance, and defence of claims. Unless expressly agreed otherwise in writing, photographs may be used for marketing and portfolio purposes. Ownership of all photographs and records remains with us.
15. COMPLAINTS AND DISPUTE RESOLUTION
Complaints must be submitted in writing within a reasonable time. We must be given a reasonable opportunity to inspect and, where appropriate, rectify. No liability is accepted after third-party interference. The Client agrees not to make defamatory or public statements prior to allowing reasonable resolution. These Terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction.
16. SEVERABILITY AND SURVIVAL
If any provision is invalid or unenforceable, the remaining provisions remain in full force. Provisions which by their nature should survive termination shall survive, including payment, limitation of liability, indemnity, and jurisdiction.