Trading Terms and Conditions

A reference to “the Supplier” means Happy Hull, a company duly incorporated in the United Kingdom and having its registered Head Office at Unit 4, 25 Ditchling Rise, Brighton BN14QL and “the Customer” means the purchaser (whose details are set out in the attached Quotation or Tax invoice) or a person or entity whose offer to purchase the Supplier’s goods is accepted by the Supplier. Please read the undermentioned terms carefully. If you do not understand these terms of trade you should seek legal advice.

NOTE: Unless otherwise stated in writing, the Customer is deemed to have accepted these Terms and Conditions by accepting delivery of the goods.

1. PRE-PURCHASE

It is the responsibility of the Customer to ensure that the vessel hull is cleaned of all barnacle growth before a Happy Hull is purchased and fitted, for the purpose of keeping the boat clean from marine growth whilst it is in the Happy Hull.

The mooring space/slip will need to be measured and checked and consulted with the Supplier prior to ordering. The Happy Hull usually adds an average of 50 – 70cm to the width of the boat beam at the water line. This needs to be considered by the customer prior to ordering.

2. DESIGN VARIATIONS

The Happy Hull is a custom made product designed specifically to fit boats of different shapes, sizes and engine drives, based on the specifications provided by the customer. For each engine drive, the design can vary as follows:

1. OUTBOARD ENGINES

For boats with outboard engines, the Happy Hull product cannot work with a faulty outboard engine lifting/tilting mechanism. The lifting/tilting mechanism has to lift the outboard engines by the maximum angle allowed, as designed for by the boat manufacturer.

2. INBOARD ENGINES WITH STERNDRIVE, POD DRIVE, SHAFT DRIVE AND JET PROPULSION

The Happy Hull can cater for boats with different drive mechanisms attached to the boat transom. When the boat is inside the Happy Hull and the rear flaps are closed, water inside the Happy Hull must NOT be extracted/pumped out as this will result in the Happy Hull fabric shrinking around and entangling with the props, which can cause damage to the Happy Hull and the boat drives. When the boat is inside the Happy Hull and the rear flaps are closed, the boat engines must remain completely SWITCHED OFF.

When docking out, the Happy Hull rear flaps have to be open and lowered and the boat can be pushed out slightly, and must clear the Happy Hull by at least 20%, making sure the engine drive mechanism is clear from any material, before switching the engine on.

3. BOW THRUSTERS

Bow Thrusters must not be used whilst the vessel is inside the cover to prevent potential damage to cover or bow thruster.

4. THE BOAT MOORING

The supplier is not responsible of the type of mooring or the water condition, or the accessibility to the boat with the Happy Hull, the manufacturer and the supplier will be responsible for customisation of the Happy Hull and the suitability to the boat. The customer needs to check and workout the mooring space and inform the supplier of the mooring size and position for consultation.

5. ACCEPTANCE OF CUSTOMER’S ORDER

These terms and conditions apply to every order for goods (‘Order’) between the Supplier (Happy Hull) and the Customer and any terms and conditions of the customer’s order deviating from or inconsistent with these terms and conditions are expressly excluded, obviated and rejected by the Supplier. This exclusion and rejection includes any statement by the Customer that the Customer’s terms and conditions shall prevail notwithstanding any stipulation by the Customer regarding the manner of declaring such rejection. A contract is only concluded between the Supplier and Customer for the supply of goods and/or services when the Order has been accepted by the Supplier. The terms of this Clause apply to every quotation or offer by the Supplier for the supply of goods and/or services.

All telephone orders are to be immediately confirmed in writing by the Customer. In the event that the confirmation varies from that recorded and processed by the Supplier, then the Supplier’s records shall prevail.

Upon the acceptance of the Customer’s order, a 30% deposit for the order is to be paid in order to begin production. Once the Happy Hull order is completed by the Supplier, the Customer will need to pay the 70% remaining balance in order to ship the order. Once the order has been placed and production commenced, no return of, or cancellation will be accepted (see clause 9. Cancellation for more information).

The Supplier does not provide credit to the Customer under any circumstance. All Orders with Happy Hull are subject to full payment before they are dispatched to the Customer or Agent.

The Customer can request the Supplier to include delivery insurance for damage or loss which will be at an additional cost to the Customer and would be provided by the Courier.

6. RETENTION OF TITLE

Until all invoices are paid in full, and all monies receipted and cleared, ownership of the goods remains with the Supplier. The risk passes to the Customer upon receipt of delivery.

It is the Customer’s responsibility to track his shipment.

7. SUPPLIER PROMISE (DUTY)

The Supplier’s promise is to deliver a product that protects your boat hull from barnacles and other marine growth by covering it with the Happy Hull. Like a car or a boat cover, the Happy Hull is designed to fit onto the hull as a custom product made to the measurements supplied and approved by the Customer. It is the responsibility of the Customer to ensure that the specifications of the boat (make, model and year of manufacturing) provided are accurate and correct.

Installing the Happy Hull product onto the boat hull will prevent marine growth and barnacle onto the boat hull. This happens by creating a protective layer “shield” where the barnacles and marine growth will latch onto the Happy Hull fabric instead of the boat hull.

The Happy Hull product is an underwater hull cover and it is not a “dry docking” solution. It is advertised and sold as an underwater hull protection cover from barnacles and marine growth.

The Happy Hull is not sold as a dry docking solution under any circumstances. Draining the water out can be beneficial, however, this is completely optional. Leaving the water inside the Happy Hull will result in no barnacle or marine growth because the environment inside the Happy Hull is not ideal for growth. It is also optional to add fresh water into the Happy Hull.

The Happy Hull is a large product which can see water enter into it from any access point whether from rain, snow, condensation, water overflow or very small holes that may develop on the hull cover. The Happy Hull still provides protection from barnacles and marine growth even with the presence of water inside of it.

The mooring space/slip will need to be measured and checked and consulted with the Supplier prior to ordering. The Happy Hull usually adds an average of 50 – 70cm to the boat beam at the water level. This needs to be considered by the customer prior to ordering.

8. DELIVERY & INSTALLATION

It is the responsibility of the customer to ensure that the appropriate delivery arrangement is made with us. The Happy Hull is shipped worldwide using many different methods of shipping and delivery. Every case has its own shipping method and condition which will be agreed with the customer on order.

9. PRICES

All prices are exclusive of delivery/freight charges which may apply to the delivery location. The Supplier may invoice the goods sold at the Supplier’s price relevant to the goods ordered at the date of delivery of each Order. The Supplier reserves the right to accept or reject in its absolute unfettered discretion any Order which may be received by it.

The Customer acknowledges that the price of the goods and services may change from time to time without notice and it is the Customer’s responsibility to confirm the price at the time the order is placed. The Customer is otherwise taken to have accepted the price that is applicable at the time as shown on the Quotation or Tax Invoice issued by the Supplier.

Where the Customer varies the Order in any way whatsoever resulting in the supply of further goods and/or the provision of further services and/or the incurring of further expenses on the part of the Supplier, the Customer shall be charged a fee in addition to the initial quoted or invoiced fee, such fee to be calculated at the Supplier’s standard fees for the time being.

Where the Supplier provides a quotation to the Customer, the quotation shall be exercisable for one (1) calendar month unless otherwise stipulated in writing.

10. PAYMENT

Unless otherwise agreed in writing, the Customer agrees to and will pay in accordance with the tax invoice rendered by the Supplier namely by:

Custom Designed Products:

• • payment of a 30% deposit payable on order prior to manufacturing of the goods and;
  • payment of a 70% balance prior to delivery of goods.
    Universal Range Products:
  • payment of 100% payable upon order

The Supplier does not provide credit to the Customer under any circumstance. All Orders with Happy Hull are subject to full payment before they are dispatched to the Customer or Agent.

11. CANCELLATION & RETURNS

The Happy Hull is a custom made product which is designed to fit onto the Customer’s boat using the measurements that the Customer has provided and approved. The Happy Hull is exempt from the Distance Selling Act. The Happy Hull cannot be refunded or returned and does not have a cooling off period applied.

The Happy Hull needs to be checked and inspected before being used, and any queries must be raised with the Supplier before deploying the Happy Hull into the water. Deploying the Happy Hull into the water means the customer has checked and accepted the product is fit for use.

The Supplier is not obliged to supply goods in relation to any Order and may cancel the Order at any time if:

• • • • there is a breach of any term of any Order between the Supplier and the Customer; or
      • the Customer has provided any false or misleading information to the Supplier including the information set out in any application for credit or to open an account with the Supplier; or
      • the Customer commences to be wound up or is placed under official management, or a receiver, or a receiver and manager or voluntary administrator is appointed in respect of the Customer, its undertaking or property or any part thereof, or an encumbrance by itself or by an agent, takes or purports to take possession of the Customer’s undertaking or property or any part thereof; or
      • The Supplier is unable to supply goods as a result of the failure of any supplier of the Supplier to deliver goods or provide services, which are required in order for the Supplier to supply the goods to the Customer.

12. CATALOGUE/WEBSITE AND EXAMPLES

The Customer acknowledges, agrees and accepts that there may be variations in the colour and/or finish and/or texture of any actual products supplied to the Customer:

• • • from those as appearing in the Supplier’s catalogue;
    • from those as appearing in the Supplier’s advertising material
    • from those as appearing in the Supplier’s website; or
    • from any samples held by the Supplier.

13. INTELLECTUAL PROPERTY

All intellectual property rights, such as trademarks, copyright and designs, subsisting in goods supplied to, or produced for, the Customer, unless agreed otherwise in writing by us, remains at all times the property of the Supplier.

14. FORCE MAJEURE

If delivery is prevented or delayed, in part or all, by reason of Act of God / nature, or the consequence thereof including but not limited to fire, flood, typhoon, earthquakes or by reason of riots, wars, hostilities, government restrictions, trade embargoes, strikes, lockouts, labour disputes, boycotting of goods, ship shortage, manufacturer’s bankruptcy, delays or damage in transportation or other causes beyond the

Supplier’s control, the Supplier may, at its option, perform the Order, or the unfulfilled portion thereof, within a reasonable time from the removal of the cause preventing or delaying performance, or rescind unconditionally and without liability this contract or the unfulfilled portion thereof.

15. WARRANTY

Happy Hull products are covered by a 1 year warranty against manufacturing defects.

It is the responsibility of the Customer to ensure that the specifications of the boat (make, model and year of manufacturing) provided are accurate and correct when supplying this to the Supplier as the Happy Hull is a custom made product. It is the Suppliers responsibility to make sure that it is designed correctly and fit for the purpose of covering the boat hull correctly to match the Customers specification.

It is the responsibility of the Customer to check the product upon delivery and to outline any issues prior to using the product.

When the Customer receives the Happy Hull, they will need to inspect the hull thoroughly making sure that any faults, should there be any, such as cuts and/or openings in the Happy Hull hull are reported to the Supplier before using the product.

Once the Customer deploys the Happy Hull into the water, the Customer has accepted that the Happy Hull is made with no cuts or faults to be reported to the Supplier. If the Customer finds the Happy Hull does not fit the boat because it is too small and is not compatible to the specifications provided then it is the Suppliers responsibility to replace the product and to make sure the replacement fits correctly. The Happy Hull is designed according to the specification supplied by the client, and our engineers will check the boat manufacturing specifications and design the Happy Hull to match the specifications. If the Happy Hull is bigger than the boat, this is not a problem and the Happy Hull will not need to be replaced. The Supplier will usually manufacture a custom made Happy Hull product slightly bigger to ensure that it fits properly.

The Supplier is not responsible for any accidental damage caused to the Happy Hull.

The Supplier is committed to providing support and any materials needed for repairs to the Happy Hull products at all times at a cost to the Customer.

The Happy Hull is a floating under water cover, it is not a boat, in principle it is no different from any other covers used on top of the boats, it has no mechanical or electrical functionality, so there is no maintenance warranty applicable.

Once the Happy Hull is in the client’s possession it is the responsibility of the Customer to look after the Happy Hull product. Where clients have accidental damage, the Supplier will examine the damage via photos and videos, and if the Supplier’s engineers think it is repairable, the client will be advised accordingly and replacement parts can be discussed at the Customers cost. The support and advice from the Supplier will be available.

Maintenance; The Supplier does not offer a maintenance service or a maintenance contract. If the client requires to have a maintenance contract, it has to be organised locally. NB: It is important to understand that the warranty does not include a maintenance contract or any inclusion of maintenance provision from damages or general wear and tear.

Insurance; The Supplier does not offer insurance cover for accidents and does not compensate or cover maintenance for damages to the Happy Hull. If the client wishes to have insurance cover, it is possible by requesting the cover by a marine insurance company. NB: It is important to understand that the warranty does not include insurance cover.

16. INDEMNIFICATION

The Supplier shall not be liable for any amount greater than the sales price of the product(s) originally supplied. Without limiting the meaning of this clause, the Supplier shall not be liable for any claims, loss, expense whatsoever, how so ever arising, or in any event in any way whatsoever for any contingent, consequential direct/indirect special, or punitive damages arising in relation thereto, and the Customer acknowledges this express limit or liability and agrees to limit any claim accordingly. Further, the Supplier shall not be responsible directly or indirectly for any consequential loss or maintenance, use or operation of the product(s) by the Customer, negligence, or to any third party, or from any failure of the product whether defective or not.

17. MODIFICATION

All modifications and amendments to these provisions or any approvals here-under shall be in writing by a duly authorised signatory of the Supplier, and if otherwise, shall not be binding upon the Supplier.

The Supplier will not be responsible for any modification made to the Happy Hull that the Supplier is not informed of, or did not approve. Any modifications made to the Happy Hull products are at the responsibility of the Customer.