Length Overall (LOA) means the overall length of the space occupied by the Vessel including any fore and aft projections, temporary or permanent, including for example overhanging anchors, davits and/or tenders stored in davits. This Act confers a Right of Sale on the Company in circumstances where a customer fails to collect or accept re-delivery of the goods (which includes a Vessel and/or any other property). 5.1 The physical layout of the Harbour and Premises and the varying needs and obligations of the Company and its customers requires that the Company retains absolute control of Berth allocation within the Harbour and Premises. Where it does so it shall be entitled to charge the Owner concerned on a normal commercial charging basis. 17.7 The Owner shall, and shall procure that his crew and members of his family comply with all applicable laws when using the Company’s Harbour and Premises. The Licensee has agreed to take a licence of the Berth in the Marina. Vessel shall include any form of craft, boat, ship, yacht, dinghy, multihull, or other marine structure which is in the care and control of the Owner. endobj 15.1.2 Where fuel is required to be transferred in portable containers, the Company reserves the right to refuse the use of any container deemed unfit for the purpose. ^C���v���&�����y����wE7��}�X �g��]z�A��I�Z���Ƹ�Di}��5Ek�x���V#��Ak%�x��x�q_�HzY-LysW1V��P��qg�ٛ�:˭�V�Kl�(囵rO�R��ux��ڽ�݇g��Ϻ=*x{������}>]3����{��S�^���� |�[�y?���qL�����7@wMy(ENi]�9�hp�D`��tf,�UD�D�����A��@o� Y`y6� ���.���`�xκ�����,���$GH���ݓp�S�a�����#��p�'ȃ�y䁖������6L��!t6j�$� G� n���q���{0�J����;LQZe��� ��ig�[�I��0�L�! Premises means all the land, adjacent water and buildings occupied by or under the control of the Company, including docks, slipways, pontoons, jetties, quays, piers, mud berths, boat storage, sheds, lofts, workshops, hard standing, roadways and car parks. Subject always to the availability of parking space, Owners and their crew may only park vehicles on the Premises in accordance with the directions of the Company. Company Registration No. Enter your details below and receive our monthly ‘On the Wind…’ newsletter. The Company's expectation is that dog owners will be responsible and conscientious. BERTHING LICENCE AGREEMENT This agreement is made between the Licensor and the Licensee. All third party contractors should seek consent from the Company and obtain a BHA Permit to Work before any work commences. 2.6 Termination of annual contract -the mooring period used will be charged at the higher of the applicable summer tariff charge and will be charged to the last day of the 16 week notice period (see para 10 below). 8.1 The Company shall have the right (without prejudice to any other rights in respect of breaches of the terms of this licence by the Owner) to terminate this licence in the following manner in the event of any breach by the Owner of this licence; 8.1.1 Having regard to the nature and seriousness of the breach and the risk it poses for the financial or other security of the Company and/or of the Company’s customers, and if the breach is capable of remedy, the Company may serve notice on the Owner specifying the breach and requiring him to remedy the breach within a reasonable time specified by the Company. If You wish to contact Us in writing, or if any clause in these Terms requires You to give Us notice in writing, You can send this to Us by hand, or by pre-paid post to "The Marina Manager" at the address set out in the Berthing Licence. Owners should supply their own hosepipe and store it accordingly. LYTTELTON PORT COMPANY LIMITED at Christchurch (Licensor) 2. 11.3 Vessels shall be berthed or moored by the Owner in such a manner and position as the Company may require and unless otherwise agreed adequate warps and fenders for the Vessel shall be provided by the Owner. 17.3 No noisy, noxious or objectionable engines, radio, or other apparatus or machinery shall be operated within the Harbour or Premises so as to case any nuisance or annoyance to any other users of the Harbour or Premises or to any person residing in the vicinity and the Owner undertakes for himself, his guests and all using the Vessel that they shall not behave in such a way as to offend as aforesaid; for example halyards and other rigging shall be secured so as not to cause such nuisance or annoyance. endstream endobj Pontoon means a moored and decked floating structure providing landing or mooring facilities. 11.5 Advisory note: Owners, their guests and crew are advised that Vessels are at all times subject to the speed restrictions and Byelaws of Harbour and navigation authorities and the requirements and powers of regulatory authorities, including but not limited to the Maritime and Coastguard Agency and the Health and Safety Executive; there are criminal penalties for the breach of such restrictions, requirements and Byelaws. Alongside Berth means a berth where a Vessel of appropriate draft may be secured, with access to the shore without the need for a dinghy or tender. Owners of vessels using the Harbour are responsible for payment of Harbour Dues. %PDF-1.5 8 0 obj <> 15.1 The Owner shall at all times observe the Company’s regulations and in particular; 15.1.1 The Owner shall provide and maintain at least one fire extinguisher, which is approved and manufactured to EN3 standards for portable fire extinguishers, and ensure it is fit for purpose for the Vessel and ready for immediate use in case of fire. The Owner shall be obliged to produce evidence to the Company of such insurance within 7 days of being requested to do so by the Company. ACCESS TO PREMISES/WORK ON THE VESSEL. Similarly the Company shall not be under any duty to salvage or preserve an Owners Vessel or other property from the consequences of an accident for which the Company is not responsible. 16.2.4 The Company operates a Permit to Work Scheme. 13.1 Dinghies, tenders and rafts shall be stowed aboard the Vessel unless the Company allocates a separate berth for them which will be charged at the appropriate rate. Accordingly the Owner shall not be entitled to the exclusive use of any particular Berth but shall use such Berth as is from time to time allocated to him by the Company. <> Charges will be incurred for the management and removal some items. Such sale will not take place until the Company has given notice to the customer in accordance with the Act. All contents of the lawinsider.com excluding publicly sourced documents are Copyright © 2013-, Nationwide Mortgage Licensing System and Registry. 4 0 obj <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 10 0 R/Group<>/Tabs/S/StructParents 1>> 6.1 This licence is personal to the Owner and relates to the Vessel described in the application for berthing. B. 18.1 This Licence and any non-contractual obligations arising out of, or in connection with, this Licence shall be governed by and construed in accordance with English law. endobj 0�ݯ�L�����|v[��ڽ��ּX�//����Ѓv�W�*[�!��U��g7O��v��\6B�}��;�����lZ����|)NWj���X-w�U7���ٽ81�� ��r�+���;��;0��21�։��$��S�B?gҧ�yID��'A��$�d��ő�pլ��p�u��Vm��ƴo4���:�OR���!�O��ɎB�iC�y���>j ���y���`��,xO�!cF���+�9��yyHu���\���tź�ņ��*�mN�x7�}�a�.i����Ԇ�j%���j ��s6Mʟ�ra For other specific waste removal requirements, please contact the Harbour Office (01983 872828) for further information. No refund or payment will be made by the Company to the Owner in such circumstances. 16. 10 0 obj 9.1 Where the Company accepts a Vessel, gear, equipment or other goods for repair, refit, maintenance or storage the Company does so subject to the provisions of the Torts (Interference with Goods) Act 1977.

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