(A) SERVICE PROVIDED

CLYDE SEA RECOVERY (CSR) will provide 24 hour breakdown assistance service to effect temporary or permanent repairs as a result of a breakdown of a vessel to allow the vessel to be mobilised. This service is subject to availability and the following terms and conditions:

1. A call out by CSR to a member vessel is free of charge. All requests for assistance in terms of this agreement must be made directly to CSR by telephone to 01369 706446 or such other number as may be notified to the member by CSR in writing.

2. If the vessel cannot be made mobile within a reasonable time and it is the opinion of the CSR operative or representative that the most prudent course of action given the prevailing wind, weather and tidal conditions is to tow the vessel to a sheltered refuge or to the nearest suitable port then this is the action that will be taken by the operative or representative.

3. If the prevailing conditions render an attempt at repair and/or tow unsafe or unwise in the opinion of the CSR representative or operative or if in his or her opinion there is potential danger to life and property then it will be the sole discretion of the representative or operative to notify HM Coastguard and/or any other emergency services. In these circumstances CSR will be deemed to have complied fully with their obligations contained hereunder and there will be no requirement to render any further assistance to the affected vessel.

4. In the event of unsuitable or dangerous conditions which may include but are not limited to such as darkness, strong tides, fog and severe weather etc. It will be at the discretion of CSR or their operative or representative to determine whether to continue to provide assistance. CSR reserve the right to withdraw assistance in these or similar conditions without liability.

(B) CONDITIONS

1. Only the membership vessel as notified in the application form will be covered by this membership.

2. It is an essential condition of membership that the membership vessel was in a sea worthy condition immediately prior to the breakdown occurring.

3. A call-out by CSR to a member vessel is free of charge. If however parts or fuel are required the member will be advised of an anticipated additional charge and will be asked to agree to the estimated charge before the repair is proceeded with. In the event the vessel required to be towed beyond the nearest refuge an additional charge will be levied and the price confirmed prior to commencement of the tow.

4. It is an essential condition that the membership vessel is accessible to CSR operatives or representatives by water. It will be in the sole discretion of the CSR representative or operative to determine whether the vessel is accessible and their decision will be final.

5. In the event the membership vessel's propeller is fouled beyond the reasonable repair of an operative or representative of CSR working from the vessel or is inaccessible, CSR will refer the member to a commercial diving company. Any costs associated with or incurred as a result of a referral to commercial diving companies will be the member's own expense and no liability will fall to CSR.

6. CSR reserves the right to use independent subcontractors who will be approved by them. In the event of a subcontractor being instructed CSR will be responsible for the subcontractor's labour and call-out charge. The cost of any parts and materials which are required in connection with the call-out to the member's vessel will be met by the member. Responsibility for the actions of the independent subcontractor instructed by CSR will only be accepted in accordance with the coverage provided by this Membership and for the duration the Agent is providing service on behalf of CSR. If additional work is carried out by an independent subcontractor then CSR will not be responsible for this additional work nor for any work invoiced directly to the member.

7. In the event the breakdown is of a more serious nature and the vessel cannot be repaired "in situ" or the vessel for any reason has to be removed to premises belonging to a third party, any subsequent repair costs are the liability of the member and not CSR.

8. CSR will not be responsible for the re-floating of stranded vessels or damage incurred or resultant damage to the underwater steering and propulsion equipment during re-floating.

9. Any towing performed by CSR or any of its representatives will be in accordance with the UNITED KINGDOM STANDARD TOWAGE CONDITIONS and by accepting membership in CSR you are agreeing to this.

(C) MEMBERS' RESPONSIBILITY

1. The member will be responsible for the cost of all parts and materials used in affecting a repair or attempted repair which can include but is not limited to spare parts, fuel, oil and keys together with V.A.T. thereon, if appropriate.

2. The membership cover and benefit provided can be transferred upon the sale or transfer of ownership of the membership vessel but it is the responsibility of the member to notify CSR of the change by completing a Change of Ownership Declaration. The membership cover and benefit will not be transferred until the Change of Ownership Declaration is received by CSR.

3. In the event of a fraudulent claim being made to CSR all benefits under this membership are forfeit. Any outstanding sums due by the member to CSR at the time of forfeiture will immediately become due and payable.

4. In the event of a temporary repair being effected to the membership vessel it is the responsibility of the member to ensure that a permanent repair is effected immediately thereafter.

5. It is the responsibility of the member to fully insure the membership vessel against third party risks.

(D) LIMITATION ON LIABILITY

1. CSR operatives and representatives will use their best endeavours at all times to answer call-out's promptly and to carry out temporary or permanent repairs. However such attendance and repair cannot be guaranteed and CSR accepts no responsibility in the event that it is unable to attend to or to effect such repairs within a reasonable time.

2. No liability will fall to CSR or their operatives or representatives for any damage to the membership vessel, whether caused by manoeuvring alongside or towing or otherwise, or in respect of any engineering damage to a vessel's engine or equipment or any other loss, damage or delay arising from any cause whatsoever unless such loss, damage or delay was caused by or resulted from the negligence of CSR or its' appointed subcontractors. A member should ensure that at all times their vessel and any property are fully insured against third party risks. All vessels gear and repairs are worked on by CSR at the sole risk of the member.

3. Should a breakdown occur on or at a private or commercial property CSR can only provide assistance with the consent of the occupier. In the event consent is refused or with-held, CSR will be under no obligation to effect a repair and no liability will fall to CSR in this connection. Where an access or moving fee is demanded by a third party and CSR does provide assistance, all the cost shall be recoverable from the member.

(E) EXCLUSIONS

The following are specifically excluded from this membership, namely,

(1) Any costs which result or arise from repairs, services or labour carried out by anyone other than a representative or operative of CSR or its' instructed subcontractors.

(2) Any call-out to or services in respect of any vessel or equipment other than the membership vessel as notified in the membership application form even if in the ownership of a member.

(3) Any call-out which arises from a breakdown outwith the geographical limits or outwith the period of paid-up membership.

(4) Anny call-out in respect of breakdown or failure of navigational aids whether electronic or electrical or mechanical which contain non-serviceable parts or require specifically trained technical repair staff and specialist repair equipment.

(5) Any call-out due to the failure of domestic equipment (including but not restricted to fresh water pumps, lavatories, cookers, sink, cabin heaters and lighting other than navigational lights) not essential to the navigation of the vessel.

(6) Any call-out due to the failure of sails or halyards and winches not essential to the navigation of the vessel.

(7) The cost of all parts and materials used in effecting or attempting to effect either a temporary or permanent repair which shall include but is not limited to spare parts, fuel, oil and V.A.T. if applicable.

(8) Any call-out to a vessel used for a hire and reward unless the appropriate membership category fee has been paid.

(9) The cost of any call-out directly or indirectly in whole or part due to any act or omission that is wilful, unlawful or negligent.

(10) Penalties for delay or detention or in connection with guarantees of performance or efficiency, and the loss of use of the vessel or any other consequential loss.

(11) Any call-out to a vessel unless the member or his representative is present at all times during the attendance of CSR or their authorised representatives unless specifically authorised by the member.

(12) Any consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, confiscation or nationalisation or requisition or destruction of or damage to property by or under the order of any government or public or local authority.

(13) The cost of any major repairs or reassembly or routine maintenance costs.

(14) The loss of or destruction or damage to any property whatsoever or any loss or expense whatsoever resulting or arising from any consequential loss other than that caused by or resulting from the negligence of CSR or it¡¯s appointed subcontractors

(15) Any legal liability of whatsoever nature, directly or indirectly caused by or contributed to by or arising from ionising radiation or contamination by radioactivity from any nuclear waste from the combustion of nuclear fuel, or the radioactive, toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof.

(16) Any loss, destruction or damage directly occasioned by pressure waves caused by aircraft or other aerial devices travelling at supersonic speeds.

(17) Any loss, destruction or damage directly or indirectly occasioned by storage or transportation of noxious or poisonous chemicals or substances.

(F) CANCELLATION

1. You have the right to cancel your membership on giving written notice to CSR. In the event of cancellation of membership within 14 days from the date of confirmation of payment of the subscription, you will be entitled to a refund of the membership fee subject to a deduction of a £45 administration charge. No refund will be paid in the event that assistance has been provided by CSR during the period of membership. Application may be made during the period of membership to transfer the unexpired portion of the membership to another vessel. The Change of Ownership Declaration will require to be completed, and thereafter acknowledged by CSR prior to membership being transferred.

2. In the event of cancellation notice must be given in writing to Clyde Sea Recovery at Holy Loch Marina, Rankins Brae, Sandbank, Dunoon PA23 8QB. CSR reserve the right to terminate membership and in this event a pro rata refund of subscription will be paid to the member for the unexpired portion of the membership less an administration fee of £45.

(G) PRIVACY STATEMENT

The data supplied by you will only be used for the purpose of processing your membership application, including administration or handling any claim which may arise.

We will also contact you from time to time by email and post with our news/updates/offers. If you prefer not to be contacted, please let us know.

It is important that the data you have supplied is kept up to date. You should therefore notify us promptly of any changes. You are entitled upon the payment of an administration fee to inspect the personal data, which we are holding about you. If you wish to make such an inspection, you should contact Clyde Sea Recovery. We may rspond to enquiries by the Authorities concerning your membership in the normal course of their investigations, where it is necessary to administer your membership effectively or to protect your interests.

(H) CALL-OUT NOTIFICATION

In the event you encounter a problem which requires the assistance of CSR you should telephone 01369 706446 or mobile number 07793 563952. We will also be listening on VHF channel 16 during the day.

Please ensure that you quote your boat name, membership number and precise location.

(I) MEMBER COMPLAINTS

If you wish to register a complaint, please contact us: Clyde Sea Recovery, Holy Loch Marina, Sandbank, Dunoon, Argyll PA23 8QB in writing.

(J) DEFINITIONS AND INTERPRETATIONS

1. "CSR" means CLYDE SEA RECOVERY which is a trading name of BC Technologies LLP.

2. "membership vessel" means the vessel notified in the application form or any amendment thereafter notified in writing to CSR and acknowledged by them.

3. "Geographical Limits" means the area as shown in the Area Covered Map displayed on our web site www.clydesearecovery.com and on the back of your current membership card.

4. This contract shall be governed by the law of Scotland.

*Calls may be recorded for training and security purposes.

Send mail to webmaster@clydesearecovery.com with questions or comments about this web site.
Copyright © 2006 Clyde Sea Recovery
Last modified: 17-May-2006