Subject to which all work is undertaken.

1. Subject to express written agreement to the contrary, all orders written or verbal are accepted on the understanding that the following Terms of Business shall apply to each and every transaction.

2. Transactions refer to agreements between the management of yachtWORKS yacht services of Poyraz Sokak 2, 48400 Bodrum Turkey, referred to as “the Company”, and the Yacht's Owner, referred to as “the Owner”.

3. Next to the legal owner, the word Owner shall include the Master ,the Authorized Agent, future owners and their representatives. The term Yacht includes all sea vessels subject to repair or any other maintenance and treatment by the Company.

4. Without a written agreement to the contrary, the Owner may not pass on his responsibilities towards the Company, be it financial or otherwise, to any third party.

5. The Company and the Company’s employees accept no responsibility for loss, damage or delay arising from any cause whatsoever unless such loss, damage or delay was caused by, or resulted from, the Company’s deliberate act or that of those for whom the Company is responsible. Subject to that exception, all Yachts and gear are repaired, worked on, moved, stored or otherwise managed and kept at the sole risk of the Owner. Customers should therefore ensure that their Yachts and/or property are adequately insured against all risks; they also should ensure that they are themselves adequately insured against third party risks.

6. Subject to express agreement to the contrary any delivery date quoted is given in good faith and is not guaranteed but delivery shall be within a reasonable time of any date specified, bearing in mind all the circumstances of the particular case.

7. This clause applies only where the Company supplies goods to a person who buys in the course of a business ("a business customer").

a) No proprietary article ordered from us by name, type and/or size by a business customer shall carry any such warranty or condition of sale, save so far as the Company can pass on a manufacturers warranty.
b) In no event does the Company accept liability to a business customer for consequential damage beyond replacement of any faulty or unsuitable article supplied.

8. The Company cannot accept liability that batteries on bench charge will remain serviceable, even if they have been so when taken on by the Company. The Company reserves the right to invoice the Owner for bench charged batteries even if they are not any more serviceable at the end of the lay-up period.

9. Subject to express agreement in writing to the contrary, all quotations given by the Company are subject to the cost of labour and materials remaining at the same level as those prevailing at the time of the quotation, and the quoted price shall be increased or decreased by the amount by which the actual cost of labour, materials and overheads has increased or decreased by reason of variation of the aforesaid levels since the date of the quotation. However, the quotation shall not be adjusted to meet increased costs which would not have occurred but for the Company’s failure to proceed with the work with reasonable dispatch.
Any quotation is subject to acceptance within seven days from the date thereof.

10. The Company reserves the right to retain downpayments or parts thereof in case that the related services and goods are cancelled one sidedly by the Owner.

11. Quotations cover only the work and/or items specified thereon, and all additions, alterations, waiting time and any additional costs due to modified instructions will be charged to the customer at ruling prices. If, in the course of executing any work, the Company finds any defect in a Yacht and/or its gear that in the Company’s opinion should be rectified without delay, and before the Owner's consent can be obtained, the Company reserves the right to carry out such necessary repair at the Company’s discretion and to charge same to the Owner. Notice of any such rectification will be forwarded to the Owner forthwith.

12. Unless specificly agreed to the contrary, all Marina and Boatyard entrance fees, as excercised by some establishments are on account of the Owner and do not form part of quotations of the Company.

13. Unless otherwise specified, the Company’s terms of payment for storage, goods supplied or work done are net in 30 days from the date of invoice or before departure. The billing is carried out in Euro’s. The Company accepts payment by either cash, confirmed bank transfer, bank cashiers cheques, or Eurocheques. The client is liable for bank charges. With payments in other currencies, Euros are purchased by the Euro purchase rate of Türkiye Garanti Bankasi at the time of payment. The Company reserves the right to apply interest charges of 1.5 % per month on accounts overdue.

14. In the event that a disagreement between the Owner and the Company cannot be resolved, the responsible courts are the Courts of Bodrum. The applicable law is the Turkish Trade Law and the Turkish Law of Obligations.

© yachtWORKS 26 May 2001