Standard Terms and Conditions of Dunbar Yachts LLC

Health & Safety

1. It is the responsibility of the customer to ensure that where Dunbar Yachts LLC is asked to attend the customer’s vessel for any purpose, all employees, agents and / or third parties contractors of Dunbar Yachts LLC are reasonably safe for the purpose of their attendance. Without prejudice to the aforementioned, the customer is obligated to inform Dunbar Yachts LLC of any reasonably identifiable and / or latent hazards aboard or in proximity to the vessel which are or should have been known to the customer.

2. Where it is reasonably determined by Dunbar Yachts LLC that an inspection, quotation and / or service(s) cannot be performed reasonably safely, Dunbar Yachts LLC can at its own election cease work and / or decline to provide or complete the inspection, quotation or service(s). In this circumstance(s) customer will be responsible to make payment for any part(s), work and / or service(s) already completed and there will be no obligation on the part of Dunbar Yachts LLC to complete the inspection, quotation and / or service initially offered.

Quotations

3. Where a quotation is provided for part(s) and / or services, the quotation is not a guarantee of the final invoice total. The quotation price may be increased where:

• The supplier of any part(s) included within the quotation has increased the cost of those part(s);
• Additional labor is required to complete the service offered which had not been foreseen;
• Additional part(s) are required to complete which had not been foreseen;
• A reasonably identifiable error was made in the preparation of the quotation such that it does not accurate reflect the cost of the part(s) and / or services requested.

4. Where a quotation has been provided for part(s) and / or services and the final invoice total is likely to be more than 25% higher than the original quotation, Dunbar Yachts LLC will use its reasonable endeavours to contact the customer and obtain authorization for any additional cost(s). In these circumstances, verbal or written confirmation will be deemed acceptance of the additional cost(s).

5. Where a request for a quotation has been made, it is incumbent on the customer to check and ensure that the quotation is complete and accurate and that it meets the customer’s requirements. No liability is accepted where a quotation has been agreed by the customer but it does not reflect the customer’s intentions.

6. Acceptance of a quotation can be done verbally or in writing, including electronically. Where a quotation is accepted, these Standard Terms & Conditions will apply.

Services

7. Dunbar Yachts LLC will endeavour to use reasonable care at all times when providing services. However, Dunbar Yachts LLC accepts no liability for any damage, injury or loss howsoever caused and irrespective of whether reasonable care was taken or not.

8. Dunbar Yachts LLC is entitled at its own election and without seeking separate approval from the customer to engage the assistance of third party contractors to complete any service(s) offered.

9. Any third party contractor engaged by Dunbar Yachts LLC will be engaged based upon Dunbar Yachts LLC’s understanding of their reputation. It will be assumed by Dunbar Yachts LLC that the third party contractor holds adequate insurance which accords with industry standards.

10. Dunbar Yachts LLC will bear no responsibility for any loss, injury and / or damage caused or contributed to by any third party contractors. Where any loss, injury and / or damage is caused or contributed to by a third party contractor, Dunbar Yachts LLC will provide the customer with any information it holds regarding the third party contractor in order to assist the customer to seek any recompense directly from the third party contractor where applicable.

Inspections

11. Where Dunbar Yachts LLC is engaged to perform an inspection on a vessel or any part(s) thereof, Dunbar Yachts LLC accepts no liability for (i) the assessments and / or conclusions stated in any inspection report(s), and / or (ii) the condition of the vessel or any part(s) thereof. Any inspection report is not intended to convey any warranties as to condition of the vessel or any part(s) thereof whether implied, express or otherwise. Without prejudice to the generality of the aforementioned, no liability is accepted in particular for (i) latent defects and / or (ii) part(s) of the vessel which were not inspected.

Part(s)

12. Dunbar Yachts LLC provides no warranties whether express, implied or otherwise in respect of any part(s) supplied. Dunbar Yachts accepts no liability for any loss, injury and / or damage relating to any part(s) it supplies howsoever if was caused. This clause is not intended to negate any warranty provided by the manufacturer(s) of any part(s) supplied.

13. Where part(s) are supplied by Dunbar Yachts LLC and these part(s) are eligible for a manufacturer(s) warranty, it is the sole responsibility of customer to ensure that any warranty is registered with the manufacturer(s) in accordance with the manufacturer(s) terms and conditions.

Timing

14. Dunbar Yachts LLC makes no guarantee(s) in respect of the timing of completion of any service(s) rendered, quotation(s), inspection(s) and / or delivery of part(s). Customer accepts that where an indication of timing is provided, this is an indication only and any failure to meet such timing does not constitute a breach of contract.

Payment terms

15. All invoices provided by Dunbar Yachts LLC are to be paid in full within 28 days. In the event of non-payment of an invoice, Dunbar Yachts LLC are its own election is entitled to:

• Charge interest on any sums outstanding at a rate of 10% per annum to be calculated pro rata; and / or
• Where an invoice remains outstanding beyond 90 days, engage a debt collector and /or commence court proceedings to recover any outstanding sums including interest;
• Payment of any fees and / or costs, including attorney’s fees, incurred in recovering the outstanding sums.

Confidentiality

16. Dunbar Yachts LLC provides no warranties whether express, implied or otherwise regarding the confidentiality of customer’s information. No liability is accepted for the disclosure of customer’s information howsoever caused.

17. Customer agrees that Dunbar Yachts LLC is entitled to take photographs of the vessel and any service(s) and / or part(s) thereof for its marketing purposes. No royalties or fees will be payable to the customer for use of any images taken.

18. Any quotation(s) provided to customer are confidential and for customer’s benefit only. Customer agrees to keep the details of any quotation(s) confidential save where disclosure is otherwise required by law.

Information provided

19. Dunbar Yachts LLC provides no warranty or guaranty, whether express, implied, or otherwise about the accuracy of any information provided relating to the sale or purchase of any boat(s) listed, advertised, sold, or marketed, or relating to any service(s) provided by Dunbar Yachts LLC. Customer is required to independently check or confirm the accuracy of any information which customer deems to be of importance. Under no circumstances can Dunbar Yachts LLC warrant the condition of any boat or any part thereof. Customer should instruct his own agents, or surveyors, to investigate such details as customer desires to be validated.

20. All boats, parts and / or services are subject to price change, prior sale, or withdrawal without notice.

Applicability

21. These Standard Terms and Conditions cannot be altered other than in writing by an officer of Dunbar Yachts LLC. These Standard Terms and Conditions supersede all other terms and conditions made by or on behalf of Dunbar Yachts LLC.