Dauntless Boats & Storage Ltd
Trading as Dauntless Boatyard
Dauntless Boatyard, Canvey Road, Canvey Island, Essex SS8 0QT
Tel: (01268) 793782
Email: info@dauntlessboatyard.com
Terms & Conditions of Mooring, Storage & Yard Use
- General
1.1 These Terms & Conditions (“Terms”) apply to all customers, boat owners, visitors, and contractors using the facilities of Dauntless Boats & Storage Ltd (“the Boatyard”).
1.2 By mooring, storing, lifting, or otherwise using the Boatyard’s facilities, you agree to be bound by these Terms.
1.3 The Boatyard reserves the right to refuse admission or services to any person or vessel at its discretion.
1.4 The Boatyard reserves the right to move any vessel at any time for reasons of safety, access, maintenance, or operational requirements, and shall not be liable for any resulting loss, damage or inconvenience.
1.5 Customers must provide accurate and up-to-date contact information at all times. Failure to maintain valid contact details may affect the delivery of notices, invoicing, or debt recovery actions, all of which shall be deemed properly served when sent to the last known contact details provided by the customer.
1.6 The Boatyard does not recognise verbal agreements. Only written agreements or written permissions issued by management are valid. Any verbal discussions shall not override or amend these Terms under any circumstances.
- Definitions
Customer: The individual or company contracting for services or using the Boatyard’s premises.
Vessel: Any boat, craft, trailer, engine, vehicle, or associated property.
Premises: All land, pontoons, jetties, slipways, workshops, and water space under the Boatyard’s control.
- Moorings
3.1 All moorings are allocated and remain under the control of the Boatyard.
3.2 Mooring agreements are personal to the named customer and may not be transferred, sold, sublet, or otherwise assigned under any circumstances.
3.3 No mooring, berth, or associated space may be sold, transferred, or offered for subletting to any third party.
3.4 When a vessel is sold, the mooring automatically reverts to the Boatyard. The purchaser must apply separately and is not guaranteed a mooring.
3.5 Mooring customers must inspect and maintain their ropes and fenders regularly to ensure their vessel is safely secured and not causing damage to other vessels or property, especially during periods of extreme weather or abnormal tidal conditions.
3.6 The Boatyard accepts no liability for damage caused by inadequate mooring or fendering. The Boatyard operates within a tidal area. Customers are solely responsible for ensuring their vessel is properly moored, fendered, and secured at all times to accommodate changes in tide, weather, or wash.
3.7 The Boatyard accepts no liability for damage, grounding, or loss arising from tidal variations, insufficient mooring lines, or failure to adequately secure a vessel.
3.8 The land, pontoon, or area adjacent to any mooring must not be built upon, fenced off, enclosed, or altered in any way without prior written consent from the Boatyard.
3.9 Any unauthorised alteration, obstruction, or enclosure may result in the immediate termination of the mooring agreement and removal of the vessel.
- Sales Commission
4.1 The Boatyard reserves the right to charge commission on the sale of any vessel while on its premises or moorings, regardless of who facilitates the sale.
4.2 The applicable rates are: 2% + VAT of the total sale price for vessels stored on land or pontoons and 8% + VAT of the total sale price for vessels sold while on moorings.
4.3 No sale or advertising signage is permitted without prior written consent from the Boatyard.
- Storage & Liability
5.1 All vessels, vehicles, equipment, and personal property are stored entirely at the owner’s risk.
5.2 The Boatyard accepts no responsibility for loss, theft, fire, flooding, accident, or damage, however caused, including loss of use, earnings, or charter income.
5.3 Customers must maintain full insurance for their vessel and property, including all lifting, storage, and tidal risks while the vessel is under the Boatyard’s care, including third-party and environmental liability.
5.4 All vessels must be seaworthy, maintained in good order, and presentable. The Boatyard may require removal of any vessel deemed unsafe or unsightly.
- Boat Lifting & Safety
6.1 All lifting operations are carried out solely at the discretion of the Boatyard and are subject to weather, tide, and operational constraints.
6.2 Customers must ensure their vessel is fit for lifting, with properly positioned lifting points clearly marked.
6.3 The Boatyard will not be held liable for damage arising from incorrect or missing lift point markings, defective fittings, or structural weaknesses.
6.4 The Boatyard will take all reasonable care during lifting operations; however, minor abrasions, strap marks, or pressure-related blemishes on hull surfaces may occur. These are considered an unavoidable part of the lifting process, and the Boatyard shall not be liable for any cosmetic damage of this nature.
6.5 Customers are responsible for ensuring all through-hull fittings, transducers, and appendages are adequately protected prior to lifting.
6.6 Customers and visitors must remain behind safety barriers and obey staff instructions during lifting operations.
6.7 Access to lifting areas is strictly prohibited without staff permission.
6.8 If other vessels need to be moved to facilitate a lift, the requesting customer will bear all associated costs.
6.9 Trailer launches, haul-outs, and engine lifting services are chargeable as per the Boatyard’s current price list. Engines must be disconnected prior to lifting.
- Hardstanding Rules
7.1 All vessels on hardstanding must be safely supported by appropriate cradles or stands approved by the Boatyard.
7.2 Customers must not move, adjust, or remove any supporting stands, props, or blocks from their own or any other vessel.
7.3 Any work likely to affect vessel stability (e.g., removal of keels, rudders, or engines) must be approved in advance by the Boatyard.
7.4 The Boatyard reserves the right to adjust supports for safety or operational access.
7.5 No personal items, materials, or equipment may be stored under or around any vessel on hardstanding. Any such items may be removed or disposed of at the owner’s expense.
7.6 Customers must keep the area around their vessel clean, tidy, and free from rubbish or discarded materials. Any waste, loose items, or materials left under or around a vessel may be removed or disposed of by the Boatyard, and any associated costs will be charged to the customer.
- Sub-Contractors
8.1 All contractors must obtain prior written permission before working on site and must check into the office.
8.2 Contractors must provide evidence of valid Public Liability Insurance of at least £2,000,000.
8.3 The Boatyard charges a 10% commission on all subcontracted work carried out within its premises.
8.4 The Boatyard reserves the right to refuse access to any contractor not meeting these conditions.
- Safety, Conduct & Access
9.1 All users must comply with Boatyard safety signage and staff instructions.
9.2 Children must be supervised at all times.
9.3 The use of hazardous or flammable materials requires prior approval.
9.4 Speed limits on site and in the water must be observed to avoid wash damage.
9.5 Antisocial, unsafe, or disruptive behaviour will not be tolerated and may result in removal from the premises.
9.6 In adverse or extreme weather conditions, customers must take all reasonable steps to secure their vessel and remove loose items.
9.7 The Boatyard may, at its discretion, take emergency measures to protect vessels or property; any associated costs may be charged to the customer.
9.8 Any abusive, threatening, or intimidating behaviour towards Boatyard staff, management, or other customers will not be tolerated and may result in immediate termination of the customer’s agreement and removal from the premises.
9.9 Customers must comply with all reasonable instructions given by Boatyard staff for reasons of safety, access, operational requirements, or site management. Failure to follow such instructions may result in suspension of services or termination of the agreement.
- Environmental Rules
10.1 Customers must not discharge oil, fuel, paint, sewage, or other pollutants.
10.2 Waste oil, batteries, and chemicals must be disposed of at designated points.
10.3 Customers are responsible for any environmental damage or clean-up costs arising from their actions.
- Payment Terms & Lien
11.1 All invoices are payable on the 1st of the month in full unless otherwise agreed in writing. In addition to interest charges, late payment administration fees will be applied as per the Boatyard’s published Payment Policy
11.1A The Boatyard’s Payment Policy is available from the office or on request and forms part of these Terms.
11.2 The Boatyard reserves the right to suspend services for overdue accounts.
11.3 Interest will be charged at 4% above the Bank of England base rate, calculated daily, plus reasonable recovery costs
11.4 The Boatyard holds a general lien over any vessel or property on site until all sums are paid in full.
11.5 After due notice, the Boatyard may sell vessels to recover unpaid debts.
11.6 A deposit equivalent to one month’s fees is required on all boats stored or moored at the Boatyard. The deposit will be returned upon departure provided all fees are paid and no outstanding charges remain.
11.7 By continuing to moor, store, or keep a vessel at the Boatyard, the customer is deemed to accept any updated Payment Policy. The Boatyard may update the Payment Policy from time to time, and the latest version will always apply.
- Living Aboard
12.1 Permanent or long-term residence aboard any vessel requires prior written approval.
12.2 Additional charges or conditions may apply.
- Termination & Removal of Vessels
13.1 The Boatyard may terminate any agreement by giving 30 days’ written notice, or immediately in cases of breach, non-payment, or safety concerns.
13.2 The Boatyard reserves the right to move, lift, or remove vessels for operational or safety reasons, with all associated costs charged to the owner
- Abandoned or Uncollected Property
14.1 Vessels or property left on site 30 days after written notice of termination or non-payment may be treated as abandoned.
14.2 The Boatyard may sell or dispose of such property to recover outstanding debts and costs.
- Car Parking
15.1 Each customer is permitted to park one (1) car only in the designated customer car park.
15.2 Additional vehicles may be allowed only with prior approval from the Boatyard and may incur extra charges.
15.3 A parking fee of £1 per day per car applies to all vehicles unless otherwise agreed in writing.
15.4 All vehicles must be registered with the Boatyard office before parking and must be fully taxed and insured.
15.5 The Boatyard reserves the right to remove or charge additional fees for unregistered or unauthorised vehicles.
15.6 The Boatyard accepts no responsibility for any damage, loss, or theft of vehicles or their contents.
- Amendments
The Boatyard may amend these Terms at any time. The latest version is available at the Boatyard office or upon request.
- Governing Law
These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
By using the facilities of Dauntless Boats & Storage Ltd trading as Dauntless Boatyard, you confirm that you have read, understood, and agree to these Terms & Conditions.
