Please read these terms & conditions carefully before using this website. These terms and conditions apply to the use of this website and by accessing this website and/or placing an order you agree to be bound by the terms and conditions. Your continued use of this website confirms your acceptance of these terms.

Application

These Terms and Conditions will apply to the purchase of goods by you (the “Customer” or “you”). We are Ark Marine Limited a company registered in England and Wales under number 10538399 whose registered address is 6 Northlands Road, Southampton, SO15 2LF, England, telephone number 023 8023 5887. The email address is sales@ark-marine.com (the “Supplier” or “us” or “we”).

These are the terms on which we sell any Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Content

You acknowledge and agree that all content of this website including all images, graphics and text of these web pages are copyrighted by Ark Marine Limited. Permission is given only to view the material on these web pages and to save that material only for your future personal and non-commercial reading. You agree not to copy, reproduce, modify, transmit, commercially exploit, distribute or publish in any way or create any derivative works unless you obtain the written prior consent of Ark Marine Limited.

We reserve the right to modify, suspend or withdraw any aspect of this website (in part or whole) at any time without prior notice. If you continue to use this website following an alteration it will be deemed as your acceptance to this change. Prices are subject to change without notice.

Interpretation

Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

Business Sales If you order goods other than as a consumer then these terms and conditions do not apply. Our business terms and conditions shall apply to your order and any resulting contract between you and us.

Contract means the legally-binding agreement between you and us for the supply of the Goods;

Delivery Location means the location to which the Goods will be delivered, as set out in the Order

Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a ay accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

Goods means the good advertised on the Website that we supply to you of the number and description as set out in the Order;

Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;

Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

Website means our website www.ark-marine.com on which the Goods are advertised.

Disclaimer

We, Ark Marine Limited, do not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, timeliness, reliability or otherwise. You use the material provided on our website at your own discretion. All reasonable steps are taken to ensure images, specifications, descriptions and prices of products on this website are up to date and correct at the time of entry. We do not accept liability for any direct or indirect loss or damages that you suffer as a result of using the website.

Goods

The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small amendments and updates in the style of the Goods or components supplied.

In the case of Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

All Goods which appear on the Website are subject to availability.

We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal Information

We retain and use all information strictly under the Privacy Policy.

We may contact you by using email or other electronic communication methods and you expressly agree to this.

We do not store customer credit card details.

Basis of Sale

The description of Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to advise the reason without delay.

The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie. Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event, not later than the delivery of any Goods supplied under the Contract.

Any quotation is valid for a period of thirty (30) days from its date, unless we expressly withdraw it at an earlier time.

No variation of the Contract, whether about the description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed to by you, the Customer and us, the Supplier, in writing.

We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different Contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg. By giving you rights as a business.

Price and Payment

The price of the Goods and any additional delivery or other charges is that as set out on the Website at the date of the Order or such other price as we may agree in writing.

Prices and charges may be subject to VAT (refer to sections “Tax Charges (VAT)” and “Import Duty or Tax”) at the rate applicable at the time of the Order.

You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.

Contract and Payment Structure

A deposit of 50%

To initiate a survey of your yacht. The deposit payment includes the fee for the survey being GBP £250.00 plus VAT, or equivalent, where applicable.  The only circumstance by which the survey cost (and balance from the deposit) is refundable is if the survey results indicate that the Dinghy Derrick is not suitable for the surveyed yacht.

Balance of Payment

(incl. shipping) Settlement in full prior to dispatch of Goods

Alternatively and upon application with our agreement, the Survey may be undertaken upon payment of the survey fee alone.

A Contract exists between the Supplier and the Customer when consideration by means of the payment and receipt of the deposit has been completed.

Delivery

The Dinghy Derrick system is specially made to order based upon the results of the survey undertaken on the Buyer’s yacht. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing an agreement, without undue delay and, in any event, not more than four months for a complete assembly and one month for spares after the day on which the Contract is entered into.

We shall be under no liability for any delay or failure to deliver products if the delay or failure is wholly or partly caused by circumstances beyond our control.

In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the contract to be at an end if:

  1. We have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential, or;
  2. After we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
  3. Every effort will be made to deliver the goods within the time scales advised at the point of order. However, we will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, we will inform you as soon as possible.
  4. Upon receipt of your Goods, you will be asked to sign for the Goods received in good condition (If courier option has been used). If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as “Unchecked”. Failure to do so may affect any warranty claims that you make thereafter.

In the UK, delivery charge refunds can only be made in accordance with your legal rights under the Consumer Protection (Distance Selling) Regulations 2000 and other applicable legislation. Similar rights may apply for some international deliveries. For further information about your legal rights see “Your Right to Cancel” section below and contact your local authority Trading Standards department or consumer advice centre (for example the Citizen’s Advice Bureau for UK customers).

Tax Charges (VAT)

All the prices shown in our store include the UK VAT rate @ 20%. If you are ordering from outside the EU you do not have to pay VAT. This will be subtracted automatically at the checkout.

Import Duty or Tax

Please note that if the delivery address given on an order is outside of the EU an import tax may be payable upon receipt of the goods. The amount payable depends on the destination and may be subject to change. These payments are the responsibility of the customer and we accept no liability for any payments which may be due.

If you or your nominee fail, through no fault of ours, to take Delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

The Goods will become your responsibility from the completion of delivery or Customs collection. You must, if reasonably practical, examine the Goods before accepting them.

Risk and Title

Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order.

You do not own the Goods until we have received payment in full and all sums due to us in respect of:

  1. The Goods, and
  2. All other sums which are or which become due to us from you on any account.

We shall be entitled to recover payment for the Goods even though ownership of any of the Goods has not passed from us.

If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Title for Business Customers

If you are a business customer until ownership of the goods has passed to you, you must:

  1. Store the goods (at no cost to us) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as our property;
  2. Not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on our behalf for their full price against all risks to the reasonable satisfaction of us as the Supplier. On request you shall produce the policy of insurance; (and)
  3. Hold the proceeds of the insurance referred to in condition ii. in trust for us and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.

If you are a business customer your right to possession of the goods shall terminate immediately if: 

  1. You have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
  2. You suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
  3. You encumber or in any way charge any of the goods.

Withdrawal, Cancellation, Returns & Refund

You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason and without incurring liability.

This policy has some limitations and does not apply to business customers.

Consumer’s Right To Cancel - Distance Selling

For the purposes of these Cancellation Rights, these words have the following meanings:

  1. A “distance contract” means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
  2. Sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

This is a distance contract (as defined above) which has cancellation rights. These Cancellation Rights, however, do not apply to a contract for the following goods (with no others) in the following circumstances:

  • Goods that are made to your specifications or are clearly personalised (in which condition Cancellation Rights do not apply);

Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:

  • In the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.

Under condition (i) of the Distance Selling Regulations, these Cancellation Rights are not applicable for a contract made with Ark Marine Limited for the purchase of a Dinghy Derrick as the following circumstance applies:

  • Goods are custom made to order to your tailored specifications and are therefore clearly personalised. Accordingly, under Consumer Protection (Distance Selling) Regulations 2000, consumer cancellation rights do not apply.

The contract to purchase a Dinghy Derrick includes survey of your yacht by which process personalisation of your purchase will be recognised. The cost of the mandatory survey is charged at £250.00 plus VAT, where applicable, covered by the deposit payment made by you at the time of placing the order and entering into a contract with Ark Marine Limited.

The only circumstance by which this survey cost (and deposit) is refundable to the customer is if the results of the survey indicate that the Dinghy Derrick is not suitable for the yacht in question.  After the survey has been undertaken and the tailored results uploaded against your Order, consumer cancellation rights cease to exist under the above condition.

Our right of cancellation

If, for reasons beyond our reasonable control, including but not limited to an inability or failure on the part of the manufacturer of the goods used in our Dinghy Derrick system to supply the goods to us, we are unable to supply the goods to you, we may cancel the agreement at any time before the goods are delivered by giving notice to you. We shall promptly repay to you any sums paid by you or on your behalf under or in relation to the agreement. We shall not be liable for any other loss or damage whatever arising from such cancellation.

Refunds & Reimbursement

Cancellation of goods does not apply to a contract made with us for the purchase of a Dinghy Derrick because of the custom made element to the system which is tailored to your yacht’s specification. See conditions as outlined in Cancellation.

In the case of faulty or misdescribed Goods, we shall, after receiving notification in accordance with our Warranty and Guarantee conditions, either collect the Goods from you or ask you to return the Goods yourself and possibly refund you the reasonable delivery cost.

The goods must be returned to us complete and in good condition whereby any marks and/or scuffs can be polished out. No other damage will be accepted for entitlement to a refund.

We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is as the result of unnecessary handling by you (i.e. handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods.) This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

Returns

It is only in the event of a total failure of the product to perform as advertised and after all reasonable combined attempts by the customer and the supplier have been made to tailor the installation according to the installation instructions to perform to the said duty that the reimbursement clause will come into effect.

In such an event, the following conditions will become applicable:

If we have not offered to collect the Goods, we will make reimbursement without undue delay, and not later than:

  1. 30 days after the day we receive back from you any Goods supplied, or
  2. (if earlier) 30 days after the day you provide evidence that you have sent back the Goods

If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 30 days after the day on which we are informed about your decision to cancel the contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Conformity

We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

Upon delivery, the Goods will:

  1. Be of satisfactory quality;
  2. Be reasonably fit for the particular purpose for which you buy the Goods which, before the Contract is made, you have made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgement) and be fit for purpose held out by us or set out by us in the Contract; and
  3. Conform to their description

It is not a failure to conform if the failure has its origin in your materials.

Warranty & Guarantee

We will immediately, or within a reasonable time, give you the benefit of the free guarantee. Details of the guarantee including the duration and territorial scope of the guarantee, are set out in our guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.

All goods supplied by us are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.

This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by us, failure to follow our instructions, or any alteration or repair carried out without our approval.

If the goods supplied to you are damaged on delivery, you should notify us in writing within 7 working days. (Please note that this is 48hrs for our business customers).

If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify us in writing as soon as possible, but in any event within 14 days of the date you discovered or ought to have discovered the damage, defect or complaint.

Where we supply goods or services to a partnership or company or to a customer who is acting in the course of a business or commercial operation (a “Business Customer”) then:

  1. No article supplied by us to a Business Customer shall carry any express or implied term as to it’s quality or it’s fitness for any particular purpose unless prior to the supply the Business Customer has sufficiently explained the purpose for which it is required and made it clear that he is relying on our skill and judgement;
  2. No proprietary article specified by name, size or type by a Business Customer shall carry any such express or implied term but we will assign to the Business Customer any rights we may have against the manufacturer of individual components included in the Dinghy Derrick or the import of that article; and
  3. We accept no liability to indemnify a Business Customer against any loss of profit or turnover which he or his customer or any other person may sustain in consequence of the failure of any faulty or unfit article supplied by us.

We will provide the following after-sales service: We will provide guidance to the customer by means of installation instructions, in installing the dinghy derrick.

Successors and our sub-contractors

Either party can transfer the benefit of the Contract to someone else, and will remain liable to the other for its obligations under the Contract. We will be liable for acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

In the event of failure by a party because of something beyond its reasonable control:

  1. The party will advise the other party as soon as practicable; and
  2. The party’s obligations will be suspended so far as reasonable, provided that the party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect your above rights relating to delivery.

Limitation of Liability

Subject to the below, if you are a consumer we shall not be liable to you for any loss or damage in circumstances where:

There is no breach of a legal duty owed to you by us or by our employees or agents;

Such loss or damage is not a reasonably foreseeable result of any such breach;

Any increase in loss or damage resulting from breach by you of any term of this contract.

Nothing in these conditions excludes or limits our liability for death or personal injury caused by our negligence or fraudulent misrepresentation.

Our maximum liability to you under the contract shall be twice the value of the goods that you ordered.

If you are a business customer we shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.

We do not exclude liability for:

  1. Any fraudulent act or omission; or
  2. For death or personal injury caused by negligence or breach of our other legal obligations.

Subject to this, we are not liable for:

  1. Loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or
  2. Loss (e.g. loss of profit) to the Customer’s business, trade or craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Goods wholly or mainly for your business, trade, craft or profession.

Data Protection

We will take all reasonable precautions to keep the details of your order and payment secure but unless we are negligent, we will not be liable for unauthorised access to information supplied by you.

Images

Product images are for illustrative purposes only and may differ from the actual product.

Statutory rights

Your right of cancellation is in addition to your statutory rights.

The after sales service and warranty/guarantees for the return of goods by you to us mentioned below do not affect your statutory rights.

Your Responsibilities

It is your responsibility to ensure compatibility of any goods offered for sale by us.   It is your responsibility to ensure proper installation of our goods.

Governing law, jurisdiction and complaints

The Contract (including non-contractual matters) is governed by the law of England and Wales.

Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

Emergency Launches

(Pertains to items marked elsewhere on this site as ##)

Not all marine disasters are predictable in their causing or their pattern of development.  For example, most yachts which roll after severe broaching right themselves, but there are no absolute guarantees.  Most yachts which suffer impact rupture take on water and maintain a relatively horizontal attitude for some time until air pockets such closed cabin doors which don’t get forced open upset the balance of internal water load versus external buoyancy and cause a list.

Notwithstanding anything said on this site, and in the attached video, about releasing a dinghy in an emergency, this does presume that the users act in a timely manner.  It presumes that the crew are familiar with the Dinghy Derrick instructions or have enough sailing knowledge and experience to work out the launch system if they cannot recall the precise instructions. 

Ark Marine Ltd does not state that dinghy launch will be routine or without difficulty in 100% of disaster situations whatever the attitude of the yacht in the water or whatever obstacle the yacht may have hit, simply because all such situations vary to a very wide degree.

The launch time mentioned of 20 seconds is an indication only, presumes an orderly and timely launch by a crew who possess adequate sailing skills to be at sea in the vessel and location they are sailing in, and are properly versed in disaster management.

The practical reality is that Dinghy Derrick has shackles able to be released both on the strops connected to the dinghy lifting eyes, and separately onto the halyards and frame, so enjoys a variety of disconnection points.  There is provision for dropping the dinghy if the winch is out of action due to loss of power or other problem.  All of this is better than most powered davits even if their have manual override, or having to pump up a deck stored inflatable.

Ark Marine Ltd specifically deny any and all responsibility for an exact period of time in which a dinghy can be launched in any emergency situation, and for the exact manner in which this may need to be done in those circumstances.

 

Dispute Resolution Scheme

The British Marine Federation (of which Ark Marine Limited is a member) recommends that disputes arising out of or in connection with a Contract or series of Contract subject to these terms, when they cannot be resolved by negotiation, be submitted with the written agreement of the parties, to mediation under BMF’s Dispute Resolution Scheme. Details of the scheme are available at www.britishmarine.co.uk/drs.