- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- You may not create a link to this website from another website or document without Ben Rogerson Yacht Design‘s prior written consent.
Liability and Limitations
- We are not responsible for and accept no liability for any error, inaccuracy or negligence in the manufacture of the vessel or object that is the subject of this Agreement, or where the building has not been in accordance with the drawing prepared. We are not responsible for and accept no liability for any error, inaccuracy or negligence in the design or performance or manufacture of the vessel or object that is not of our design that is the subject of this Agreement, or where the building has not been in accordance with the drawings prepared.
- Where we rely upon drawings and/or information provided, we are not responsible for any errors and inaccuracies in drawings, measurements and/or any other base data provided. Unless otherwise stated, we will not review the consistency of the information on the certificate of compliance. Each certificate of compliance is limited to the verification of the specific plans and/or documentation as stated on each particular certificate.
- We are under no liability whatsoever to the Client for any loss, damage, delay or expense of whatsoever nature, whether direct or indirect and howsoever arising UNLESS the same is proved to have resulted solely from the negligence, gross negligence or wilful default of us or any of our employees or agents or sub-contractors.
- In the event that the Client proves that the loss, damage, delay or expense was caused solely by the negligence, gross negligence or wilful default of Us aforesaid then, save where loss, damage, delay or expense has resulted from our personal act or omission committed with the intent to cause same or recklessly and with knowledge that such loss, damage, delay or expense would probably result, our liability (both directly and indirectly) for each incident or series of incidents given rise to a claim or claims shall never exceed the sum calculated on the basis of ten (10) times our charges.
- We shall not be liable for loss of or damage to equipment and other items placed at our disposal by or on behalf of the Client however such loss or damage occurs.
- Neither us not the Client shall, except as otherwise provided in these Agreement, be responsible for any loss, damage, delay or failure to performance hereunder arising or resulting from act of God, act of war, seizure under legal process, quarantine restrictions, strikes, boycotts, lockouts, riots, civil commotions and arrest or restraint of princes, rulers or people or any other usual force majeure type event.
- We have the right to sub-contract or assign any of the services provided under the Conditions.
- Our liability shall expire 12 months after completion of the services in respect of which liability is alleged to arise and we shall thereafter have no liability in respect of those services and/or any alleged default in connection with the provision thereof.
Payment and Charges
- Fees payable by the Client for work performed by us shall be outlined in the brief or proposal. All rates are VAT exclusive. All rates may be increase by five percent (5%) in each twelve month period.
- Client will pay reasonable and necessary direct costs and expenses, in addition to the above rates, incurred by us in association with the provision of the professional service, including but not limited to communications, travel, printing/copying and other costs as appropriate. We shall be solely responsible for arranging all required travel and accommodation.
- Client will render full payment in response to our invoices within 14 days of receipt of the invoice regardless of the fee payment arrangement between Client and any other party. A service charge of one percent (1.0%) per fortnight will be payable for late payment of invoiced amounts.
- The parties will be bound by this Agreement upon the Agreement being signed by both parties. However, payment of the fees by the client, without signing this agreement, will constitute the Client’s agreement and acceptance to these terms and conditions in full. We are bound to use reasonable efforts to commence the works contemplated by this Agreement upon execution of the Agreement by both parties.
- Client shall pay all fees upfront before work will commence. Where an anomaly or a project scope change request is requested after executing the Agreement, any work will cease and a new written estimate will be issued.
Law and Disputes
- These terms shall be governed by and construed in accordance with English law and any dispute or difference arising, or claim made, between or by the parties out of or in relation to or in connection with the provision of services to which these terms relate and which cannot be resolved by the parties shall be submitted to the non-exclusive jurisdiction of the High Court of England and Wales.
- Neither party shall transfer or assign its rights or obligations under these terms without the prior written consent of the other.
- These terms form the entire agreement between the parties and supersede all previous agreements and understandings between the parties, and no warranty, condition, description, term or representation is given or to be implied by anything said or written in negotiations between the parties or their representatives prior to the communication of these terms.
- References to “we” and “us” include our employees and persons, firms and companies appointed or engaged by us as our agents for carrying out any work or services under these terms, all persons, firms and companies to whom performance of any work or services under these terms is sub-contracted or delegated by us, and all agents and employees of persons, firms and companies referred to in this clause.
- Both parties undertake to maintain the confidentiality of all information supplied by each other and not to divulge such information to third parties without the prior written authority of the other.
- All intellectual property created by virtue of us carrying out the works under this Agreement, is owned by us, with the Client receiving a non-exclusive royalty-free licence to use the intellectual property created by us under this Agreement, for the purposes referred to in this Agreement.