40. Warranty & Terms and conditions (edition 4)
1a-In addition to the purchaser’s statutory rights the following warranties and conditions shall apply.
1b-The seller being LM Boat Sales ltd and the registered address is at Lymm marina, Warrington lane , Lymm, Cheshire WA13 0SW.
1c-The buyer being the person or persons whose name is on the sales agreement and whose address is on the sales agreement, and for the terms of the sale of the goods and the warranty of the goods will only be between the buyer and the seller, the warranty of the goods is not transferable unless agreed in writing by the seller.
1d-All craft and items sold are subject to the seller`s terms and conditions of sale which the buyer will have the opportunity to examine this includes the craft and all items whilst being built and also before taking delivery. This is strongly recommended.
1e-The goods being the boat, craft, hull, fittings, engine, propeller and all equipment listed on the sales agreement.
1f-The buyer is responsible for informing all agents, crew, visitors and guests of the seller’s terms & conditions of sale, maintenance and warranty.
1g-The seller shall endeavour to keep all prices, specifications and details up to date but we reserve the right alter any prices, specifications and details if the seller has good reason too.
1h-The craft is designed and sold for recreation & pleasure only (not commercial or residential) on the inland canal waterways(non-tidal) in the European union only.
1i-All goods will be warranted for 12 months from the time of accepting the goods.
1j-The buyer will be able to inspect the goods before the final payment, and to carry out tests on the goods , whilst at the seller`s registered address.
1k-The seller will agree that the buyer can employ a qualified marine examiner or professional person/s whilst the craft is being built and fitted out to carry out checks or when the goods are completed.
1l-The goods will comply with the recreational craft directive to the stage supplied.
1m-Boat shells, hulls and superstructures are normally supplied with a zinc phosphate based transit/holding primer. This is normally sufficient to protect the boat during the fitting out process, although rust or flaking may start to appear on the surface of the hull due to the primer coating coming into contact with external weather conditions , snow, contaminated rain, animal droppings, oil, silicone, and wear and tear during the work process .The primer should be treated prior to the finished paint being applied ,we would highly recommend you follow the paint manufacturer`s recommendations . These would generally require the removal of this primer, the treatment of any rust marks including the use of an inhibitor if required and the application of a new primer within the paint system.
1n-Some buyers and professional painters may request the hull, shell, or superstructure to be shot blasted prior to painting, this removes most of the mill scale, grease and contaminates from the surface of the steel plate this is not guaranteed to remove everything and we would recommend shot blasting is done by the person/s painting the craft.
1o-Shot blasting can be arranged however a transit or holding primer is normally applied afterwards to the prepared steel and any person painting the hull must take this into consideration as it is not guaranteed coating for the reasons stated above and will still need to be removed to meet the paint manufacturer`s recommendations.
1p-The hull is blacked with a waterproof bitumen this may last as long as 12 months however due to mill scale ,abrasion, electrolysis and day to day wear this can be dramatically reduced , any subsequent applications should last considerably longer, up to 3 years.
1q-In recent years Corrosion has become more common with steel pitting below the waterline , and has been linked with different types of electrolysis ,and can be caused by different reasons , it can be where the craft is moored , or by having a 240volt source ie inverter, powered generator or a wind generator which are earthed to the craft`s hull, or a shoreline connection without a galvanic isolator , or a boat moored close by without a galvanic isolator or may have one fitted but have a faulty 240v power source, or a bad earth, there are also other natural sources of corrosion
To cut down the risk of corrosion there is a number of ways of preventing it. the buyer may consider not having a 240v supply on the boat , or mooring near another craft ,or to have the hull and hull bottom shot blasted and a 2 packed epoxy coating applied
2a-The seller does not offer a warranty for damage to the hull of a boat due to corrosion, but would recommend to help stop corrosion on the hull, that the buyer does not having a 240v supply on the boat , not be moored near any other craft , not moored 100 metres near any electrical cables hidden or overhead, and to have the hull and hull bottom shot blasted and a 2 packed epoxy coated applied.
2b–All boats and craft built and goods supplied are built to cat D (inland waterways) unless stated in the agreement and designed for inland waterways. The seller will launch the craft onto the water at Lymm Marina which the buyer can carry out trials with the goods if they wish.
2c-If the craft is supplied with a final finish exterior painted coat (coach paint) the warranty on the coating will be for the weather covering of paint on the craft and not bubbles in the coating, insects marks and humidity marks as the coating of the paint on the craft hull and superstructure is applied in an outside atmosphere, near a waterside location , which is not in a climate controlled building ,so the conditions of the coating warranty would be to recoat, so the hull is protected from weather, if the buyer requires the coating to be applied in a climate controlled building to achieve a better finish , then the buyer will be responsible for the arranging and financing and transport of the craft.
2d-If the buyer arranges to have the goods lifted and moved by road transport it is possible that the weather seals of external windows, doors and fittings and also internal shower or bathroom seals may become broken , so it is recommend that all seals are checked and resealed after delivery, this is not the responsibility of the seller.
2e-The seller will seal showers cubicles units and baths as per the manufacturer`s recommended instructions, these seals must be checked after 1 month and resealed where needed then periodically thereafter Because the craft is a part fitted the bulkheads and partitions will possibly move due to the boat not being completely fully fitted and the flooring fitted to hold the bulkheads into place.
2f-The seller is willing to fit equipment which the buyer has supplied , the seller will fit the goods to the manufacturer`s instructions ,the seller will not be liable for any faults on the equipment supplied by the customer.
2g-The buyer must service the Engine and gearbox at regular times, this must be followed as instructed in the owner`s engine manual.
2h-The buyer must service the Diesel central heating systems at regular times this must be followed as instructed in the owner’s manual.
2i-The fresh water tank fitted is designed to supply water for washing, cleaning and supplying the toilet is not to be used for supplying drinking water as the water filler is in an exterior location and possibly be contaminated by unknown persons
2j-The diesel tank is designed and pressure tested and labelled on the tank.
2k-It is recommended to have the weed hatch checked at regular intervals .The weed hatch ,which is in the engine room must always be securely fastened and only opened when the engine is not in use , by an experienced person, if the buyer or a buyer`s agents are not experienced they must not open the hatch, as an insecure or wrongly fitted hatch will lead to taking water on board ,and cause major damage.
2l-Regular inspections of the exhaust system must be maintained, any unusual increase in the level of noise emitted from the engine , gearbox or exhaust system must be investigated Immediately.
2m-The buyer should check the hulls bilge`s for any water intake and check deck drains for blockages, every time the boat is used it`s recommend a bilge pump is fitted and regularly checked .
2n-The same vigilance must be applied to exhaust gases where a sustained increase in the smoke content of the output will be an indication of a risk of unacceptable exhaust emission levels.
2o-Do not attempt to continue running the engine if you suspect a problem –you could cause irreparable damage to the power unit.
2p-Use only those materials, fuels, lubricants, consumables and replacement parts approved by the engine manufacturer.
2r-Man overboard protection and reboarding- the forward cockpit and the aft deck are the only area that are considered to be part of the working deck, the ledges along both sides of the craft are limited width and must not be used for standing or walking.
2q-Warning –you should also ensure that you or your crew, operators or agents , do not work or crawl on the roof of the vessel at any time , quite apart from the obvious dangers to the individual , this will also ensure that the stability of the vessel is not compromised in any way.
2p-To Re-board the vessel if a person has fallen overboard, the craft has steps at the aft end of the vessel, which have been fabricated as an extension to the swim plate, or a step has been fitted to the rudder plate , a simple rope ladder can also be stored in an accessible place on the vessel. The buyer or their agents or crew should avoid using these steps or any emergency ladder at the aft end of the vessel unless the drive to the propeller is disabled (out of gear) ideally , you must switch off the engine before attempting to re-board any person.
3a-All batteries fitted for bow thrusters must be of the sealed type due to battery vapour emissions and must be changed, if required, for like for like.
3b-The seller will fit 12volt & 240volt wiring tails to the customer’s spec required and list the spec of the wire used.
3c-It is important that the buyer or his agents never work on the electrical installation while the system is energized.
3d-It is the responsibility of the buyer to fit a smoke alarm (to BS EN 14604:2005) and a CO2 detector (to BS EN 50291-2) before the goods are used.
3e-The buyer must not have obstructed passageways to exits or hatches, nor obstructed safety controls e.g. fuel valves, gas valves switches of the electrical systems.
3f-If solid fuel fire is fully fitted with an insulated flue pipe to BS8511 the flue to stove joint must inspected by the buyer or his agents on a regular basis, the buyer or his agent are recommended to examine the joint sealant for completeness on a regular basis, and if found defective , the fire must not be used until the joint has been repaired.
3g-If a buyer has a non-insulated fire flue fit to a the fire , it will not comply to BS8511 , therefore the fire is only for decoration purposes only and not heating and the fire door must be secured and not able to be put into use.
3h-If a galley worktop is fitted , the buyer must be aware that standing water, if not removed promptly will soak into natural material and is likely to mark , the buyer or agent or user must ensure any surplus water is wiped before it soaks into the material as the seller cannot be responsible for damage caused by water.
3i-If a hardwood floor or water resist click floor is fitted, the buyer must be aware that any standing water, if not removed promptly will soak into natural material and is likely to mark , the buyer or agent or user must ensure any surplus water is wiped before it soaks, as the seller cannot be responsible for possibly damaged caused by water.
3j-The boat will be ballasted to the best of seller`s knowledge of the buyers design but will possible require further ballast, Arranging this will be the responsibility of the buyer it is recommended that the final flooring be completed as the last job after the build of the boat so any trim ballast be added or ballast removed.
3k-All warranties will be void if any alteration is made to the construction or specification of the steel hull and superstructure (unless we give written consent)
3l-All warranties will be void if any alteration or specification is changed to the engine, stern gear or equipment supplied (unless we give written consent)
3m-All warranties will be void if any alteration to the specification of the goods supplied (unless we give written consent).
3n-All warranties are not transferable if the buyer sells the goods to another person/s (unless we give written consent).
3o-No warranty is given on condensation or damage caused by condensation.
3p-We do not give a warranty on condensation from roof hatches, roof vents, windows, portholes, glass or double glazed units.
3q-We do not give a warranty on expansion or contraction of steel , or damage caused by steel expansion/contraction because of steels natural properties
3r-We do not give a warranty on the type of woods used , because of wood`s natural properties
3s-We do not give a warranty on Propeller noise and propeller cavity noise unless the propeller or stern gear is faulty.
3t-We do not give a warranty on damaged goods due to frost damage where water was not drained for winter, winterized incorrectly or contained the wrong amount of antifreeze.
3u-The Ventilation fitted throughout the boat is there to serve a purpose – AIR CIRCULATION. Without a constant flow of air throughout the boat, both high and low level, there can be serious consequences from uncontrolled condensation. This can cause any interior joinery work to degrade and blacken. Covering up the vents and windows will hinder natural air circulation and encourage condensation onto surfaces that may degrade, with obvious effects on your warranty.
3v-Evidence of maintenance having been carried out in accordance with the various manufacturers’ instructions must be made available prior to making a claim. The craft must be operated in accordance with the operating instructions contained in the owner’s manual.
4a-The vessel and associated systems are warranted for a period of one year from handover and acceptance by the customer. The warranty applies for defects and flaws that may occur, despite normal usage and regular maintenance for a period of 12 months from the date of acceptance by the customer.
4b-The warranty does not include damage incurred in transit or the launching procedure.
4c-The warranty is invalidated if the vessel is used for any kind of commercial activities.
4d-Fair wear and tear is excluded under the terms of the warranty.
4e-The buyer must notify the seller in writing immediately on discovery of any alleged defect and the buyer or their builders or their agent shall have the right to inspect the craft including the right to carry out trials to enable to examination or assess the extent of the alleged defect of the goods.
4f-f the seller is required to rectify the defect at a different location other than the seller`s registered address or place of purchase because the buyer does not or cannot arrange the return of the goods , then the buyer will be liable for travelling costs based on the sellers current labour , transport and mileage charges and also accommodation and vehicle hire to the location of the alleged defect of the goods.
4g-The buyer`s remedies in respect of any claim in relation to the goods however arising whether or not involving negligence on the part of the seller will be in all cases limited to the rectification of the goods and will not be liable for any other claims arising such as accommodation bills, loss of earnings, surveys fees, transport costs, lifting & craning costs, marina costs, hospital costs or legal costs.
4h-If the seller is required or requested to travel to examine an alleged defect of goods because the buyer does not or cannot return the goods to the seller`s registered address or place of purchase, the seller will charge the buyer a travelling cost or call out costs which will be based on the seller`s current labour, transport and mileage charges.
4i-the seller can request that a payment of £250 is paid to cover the above costs first before we travel to inspect the alleged defect .Our bank details-Barclays Bank, George Street, Altrincham, Cheshire. account name-LM Boat Sales Ltd a/c no- 43582469 Sort code 20-01-96
4j-The buyer will be responsible for insuring the goods after funds have cleared and the seller will not be liable for any damage or loss of the goods
4k-The buyer will have to remove the goods within 14 days of cleared funds (unless the seller has given written consent , if after 14 days the buyer will be subject to mooring fees at the standard rate (£40 per week 1/1/2016) and agree to the marina terms and conditions of storing goods at the premises
4l-The buyer will also be required to licence the craft with the Bridgewater canal co if the boat is on the water at the premises
4m-We only transfer title of goods when all monies are paid and cleared in our bank account. Goods cannot be sold ,ownership transferred to other persons , or be involved in an agreement for a future sale to other person/s, if monies are owing to ourselves we reserve the right to take back all goods or cancel this agreement at any time.
4n-We normally only accept bankers draft or a (chaps) bank transfer as these are a guaranteed payment. A standard transfer or standard cheque is not a guaranteed payment and could take up to 7 working bank days for funds to clear .
If we do not have a guaranteed payment before the date of delivery then will not supply the boat/goods until payment is received or void the sales agreement .
4o-Payment by bank transfer is also acceptable, but please note most banks only allow £10,000 per day to be transferred as a safe guard to their customers and you may have to arrange with the the bank beforehand for a bigger transfer. The goods will not be released until all funds have been received and we have clear funds.
4p- For security for the buyer and the seller, the seller’s bank details for ALL payments is Barclays Bank, George Street, Altrincham, Cheshire. Account name-LM Boat Sales Ltd a/c no- 43582469 Sort code 20-01-96, if the buyer receives a request for monies to be paid into another account , they should be ignored and reported in person to the seller.