UA-44487906-1

online shop departments

TERMS AND CONDITIONS FOR MOORING AT NICHOL END MARINE (NEM)

FEES AND PAYMENT TERMS

Are outlined in our current pricelist.  On occasion we may negotiate alternative terms for individual customers – a copy of this will be provided in writing or by e-mail.

 

INSURANCE

Boats must be insured for their entire stay at Nichol End. A minimum of third party insurance is required.

The Owner shall indemnify Nichol End against all loss, damage, costs, claims or proceedings incurred by or instituted against Nichol End may be caused by the Owner’s vessel or vehicle or by the Owner, his servants, agents, crew, guests or subcontractors except to the extent that such loss, damage, costs, claims or proceedings may be caused by the negligence or wilful act of the Nichol End or those for whom it is responsible.

We shall not be liable for any other loss or damage caused by any events or circumstances beyond our reasonable control (such as extreme weather conditions, unforeseeable failure of historic structures or the actions of third parties not employed by us). This includes loss or damage to boats, gear, equipment or other goods left with us for repair or storage.

 

BOAT HANDLING

Boats are moved and handled at their owner’s risk. 

If in Nichol End’s opinion if it is necessary for the safety of the vessel or for the safety of other users of Nichol End, Derwentwater or for their vessels or for the safety of Nichol Ends harbour, premises, plant or equipment, then Nichol End shall have the right to moor, rebirth, move, board, enter or carry out any emergency work on the vessel.  Nichol Ends reasonable charges for doing this will be paid by the owner unless the work arises from Nichol Ends negligence.

 

ALLOCATION OF MOORINGS SPACES

Moorings spaces are allocated at NEM's discretion, and we may need to move your space part way through the year.  We generally allocate spaces to provide the maximum benefit to our Bertholders collectively, looking at draft, frequency of use, history and other factors.

 

LAKE HEIGHT AND STORM CONDITIONS

Derwentwater is quite a shallow lake, and we recommend an absolute maximum draft of 3ft to moor here - 2ft is even better.  We do have some boats with larger drafts - when the lake is low these boats tend to get stuck in the mud much sooner than the shallower ones.  

We do not take responsibility for damages or lack of use due to either extreme of lake height, but we try minimise the effects of this.  We will adjust ropes, monitor boats, and take emergency actions at the owner’s risk.  Emergency work done is chargeable (we don't worry if its 10 minutes work), we will normally try and contact owners for permission first - but not in an emergency, or when the number of boats requiring work exceeds the time available.  Unfortunately we are limited in how much we can do during the hours of darkness.

 

SECURITY

Roger and Natasha live onsite and are often available in an emergency.  They can be contacted on 017687 74348.  Please be considerate if you are arriving late at night or first thing in the morning.  If you see any suspicious events please let us know ASAP, the police also want to be informed on the non-emergency no Tel: 101 (or 999 in an emergency or if a crime is in progress)  

 

TRANSFER OF MOORINGS

Moorings are personal to you and are not transferable to other customers.  If you are selling your boat please ask the prospective owner to contact us and we can arrange a mooring for them (and refund the remainder of your fees)

 

REPAIRS AND MAINTAINANCE

External contractors are not allowed to work on boats moored at Nichol End without written permission from Nichol End Management.  We will require proof of insurance and risk assessments before this will be provided.  We reserve the right to insist work stops if these have not been provided, or if we have any concerns about noise, pollution and safety risks to other customers, Bertholders or other lake users. We reserve the right to withhold permission for any other reason.

You are allowed to carry out maintenance and small running repairs to your own boat without written permission. Please take all sensible precautions to minimise noise, nuisance, pollution and safety risks to other lake users. The use of 240V equipment should be avoided where possible. We reserve the right to insist work stops if we have any concerns about noise, nuisance, pollution and safety risks to other customers, Bertholders or indeed other lake users. We reserve the right to withhold permission, or ask work to stop for any other reason.

Bertholders are only permitted in the workshop when accompanied by a member of staff, and only when absolutely necessary.

 

Tenders

Tenders may be kept if you have a swinging mooring or if you pay the appropriate fee.  The Tender must be clearly marked on each side with the name of the boat.

 

TRAILERS

Trailers should be removed from the site as soon as is practical after launching your boat.  (We allow 10days grace per year before charging for storage).  Annual trailer storage is offsite and includes one collection and drop off per year.  Owners will be charged for trailers left for more than 10 days a year.  All trailers onsite must be clearly marked with the boat name on both sides at the front and across the back. 

For us to collect and deliver trailers they must be roadworthy – it is the owners responsibility to ensure that they are in roadworthy condition.  We may take remedial action to ensure trailers are fit for use and owners will be charged for this.  Unless it is an emergency situation we will advise you before commencing work.

 

SITE RULES

We may introduce local rules [“Site Rules”] relating to the use and management of the Mooring or Mooring Site which are not inconsistent with this Agreement. We will consult local customers before the introduction of a new set of Site Rules or major alterations to the existing Site Rules

We reserve the right to amend such rules from time to time provided we give you reasonable prior notice of the proposed changes. The Site Rules and any amendments to them shall become effective when they are displayed on a notice board or other prominent place at the Mooring Site or once a copy of them has been given to you.

 

SELLING ITEMS AT NICHOL END

No one is permitted to offer for sale or sell an item (including boats) at Nichol End without our permission, we advise that permission is sought in writing or by e-mail.  We will charge a brokerage fee (8-10%) or site fee (2%) on any items sold.

 

POWER TO REMOVE, SELL OR DISPOSE OF BOATS AND/OR TRAILERS

This is designed to tackle dumped boats where we cannot trace the owner, or boats who's fees are seriously overdue and it is either impossible to contact the owners or where they break any special payment terms agreed. 99% of our customers have nothing to worry about. 

In the case of an abandoned or unauthorised boat and/or trailer (as defined below) Nichol End Marine (NEM) may:-

1.       Move the boat and/or trailer to any part of the NEM premises (or alternate site) without being liable for any loss or damage to the boat and/or trailer howsoever caused;

2.       Upon giving 1 months’ notice require the bertholder or former bertholder to collect the boat and/or trailer;

3.       Upon giving three months’ notice in writing by registered post to the bertholder or former bertholder at his/her last known address shown on mooring forms, sell the boat and/or trailer and deduct any monies due to NEM (whether mooring / boat storage fee's or otherwise);

4.       If the boat and/or trailer is unsaleable (in the reasonable opinion of NEM), after giving notice in writing as aforesaid dispose of the boat and/or trailer in any manner NEM may think fit and deem the cost of doing and any arrears as aforesaid to be a debt owing to the NEM by the bertholder or former bertholder.

5.       NEM reserves the right to charge storage for the boat and/or trailer until such time as the owner collects the boat and/or trailer or until notice has been served under clause (2) and (3) above.

PROVIDED THAT in each case that proper evidence is available to show that all reasonable steps have been taken by NEM to trace a bertholder or former bertholder and that when and if the boat and/or trailer is sold the proceeds of sale (where these exceed the amount of any indebtedness by a bertholder or former bertholder of NEM) shall be placed in a bank deposit account and retained against the eventuality of a claim by the owner (whether he be the said member or former member) for a period of six years.

NEM shall be entitled to treat any of the following as an abandoned or unauthorised boat and/or trailer:

-          A boat and/or trailer located onsite not identifiable due to the lack of a clear name (boat name or owner name).

-          Boats remaining onsite after 1 month has elapsed after the end of the mooring term.

-          A boat and/or trailer which is the property of a bertholder or former bertholder which remains on NEM premises after any fees payable to the club by any bertholder or former bertholder (whether by way of arrears mooring fee's, workshop fee's or otherwise) are more than one month in arrears.

 

LIEN ON BOATS AND/OR TRAILERS.

In addition to the powers set out above to move, sell or dispose of boats and/or trailers NEM shall have a lien over bertholders boats or former bertholders boats and/or trailers parked or moored on NEM's premises in respect of all monies due to NEM whether in respect of arrears of moorings fee's, workshop fee's or otherwise and shall be entitled to retain possession of the boat and/or trailer until such time as all monies due to NEM have been paid in full.

 

TERMINATION OF MOORING AGREEMENT

A Bertholder may terminate this Agreement before then by giving us three month’s written notice.  If you terminate this Agreement by giving notice, we will make a part refund of your mooring fees.  Any refund will be the difference between the monthly fee for the Mooring for the period up to expiry of your notice and the annual fee paid. 

We may terminate this Agreement before the end of the period specified:-

-          If you fail to pay any money owing to us under this Agreement. 

-          If you breach any of the terms of this Agreement and either the breach cannot, in our opinion, be put right or you fail to put things right having been asked by us to do so.

Before we terminate this Agreement we will write to you and explain how we think you have broken the terms of this Agreement; and where we think you can put things right we will tell you how we think you can do so and how long you have to comply. This time will depend upon the circumstances but will be reasonable and will be at least 14 days where work is required to be done to the Boat. We may extend the time if you write to us and explain why you need the extra time. If you do not put things right within the time we have given you, this Mooring Agreement will end and you must remove the Boat from the Mooring immediately.

Where we are of the opinion that you cannot put things right, we will explain why and you must remove the Boat from the Mooring Site within 14 days and this Agreement will terminate at the end of that 14 days whether or not the Boat has been removed.

If you fail to remove the Boat from the Mooring Site on termination of this Agreement, after one month has elapsed we may treat it as an abandoned boat.