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This AGREEMENT made this day of 200 between ACARD Limited and (the boat owner) of witnesses as follows:

1. In consideration of payment of the sum of €            being advance payment of berthage fees by the Boat Owner, ACARD Limited hereby agree that they will provide a berth at Cahersiveen Marina for the vessel ' ' whose overall length is          metres (the designated vessel), whenever such berthage is required by the Boat Owner at any time up to and including day of in the year .

2. ACARD Limited will decide which berth is to be provided for the designated vessel, and may, at any time and at their sole discretion, require an alternative berth to be used, in the interest of good Port Management. It is understood that ACARD Limited may require one other boat to be berthed alongside the designated vessel.

3. All berths on the Marina remain the absolute property of ACARD Limited, and the reserving by ACARD Limited of a particular berth for the use of a particular vessel or a particular Boat Owner does not convey any property or other rights in that berth to the Boat Owner.

4. If at any time, a berth reserved for the time being by ACARD Limited for the berthing of a designated vessel is not occupied by the designated vessel, ACARD Limited may authorise any other vessel to be berthed there. Should the boat owner require a berth for the designated vessel when the berth usually reserved for the designated vessel is occupied by another vessel authorised by ACARD, ACARD Limited will provide an alternative berth for the designated vessel. However, ACARD Limited will ensure that the designated vessel may be berthed in the berth normally reserved for it.

5. The Boat-Owner must not berth or moor any vessel other than the designated vessel at the berth reserved for the time being by ACARD Limited for the designated vessel, without the express consent of ACARD Limited.

6.The Boat-Owner must not permit any vessel belonging to a third party to be moored at the berth reserved for the time being by ACARD Limited for the designated vessel, without the express consent of ACARD Limited.

7. If at any time during the term of this agreement the Boat-Owner gives one month's notice to ACARD Limited that he/she wishes to remove the designated vessel from the Marina and that to replace it with another vessel owned by himself/herself, ACARD Ltd. will agree to such substitution, provided the substituted vessel is of similar quality and standard and has a similar length overall to that of the designated vessel. If the overall length of the substituted vessel is greater or less than the overall length of the designated vessel, the advance berthage fees and tonnage dues payable for the remainder of the term will be increased or decreased proportionally at the rates in force on the date of this agreement, and ACARD Limited may direct that a different berth, more appropriate to the size of the substitute vessel be reserved for and used by that vessel.

8.Boat-Owners' Obligations

8 (a). The Boat-Owner must keep the designated vessel insured to its full reinstatement value against damage or destruction by fire, sinking, collision or other causes.

8 (b). The Boat-Owner must insure his/her third party liability in a sum not less than £1,000,000 (€1,269,738) and must indemnify ACARD Limited against any claims resulting from the Boat-Owner's actions or negligence in using the facilities of the Marina.

8 (c). The Boat-Owner must keep the designated vessel in good substantial repair and in a clean and tidy condition to the reasonable satisfaction of ACARD Limited.

8 (d). The Boat-Owner must comply with all recommendations of the insurers and the fire authorities as to fire precautions and fire-fighting equipment relating to the vessel.

8 (e). The Boat-Owner must observe and perform such reasonable Marina regulations and Bye-Laws as ACARD Limited may, from time to time, prescribe for the general management and operation of the Marina and Harbour.

8 (f). The Boat-Owner must observe and perform such laws, regulations and bye-laws and pay such rates, taxes or charges as may at any time in the future be passed or levied by the government or local authorities, or an equitable proportion of such rates, taxes or charges if they are levied on ACARD Limited in respect of the Marina as a whole.

8(g).The Boat-Owner must not use or suffer to be used for any purpose other than the mooring of the designated vessel any berth reserved by ACARD Limited from time to time for the berthing of the designated vessel. In particular, such reserved berth or the designated vessel while berthed at such reserved berth must not be used for residential purposes or for any illegal or immoral purpose, or for any activity which may cause nuisance, annoyance or damage to any other user of the Marina or Harbour.

8 (h). The Boat-Owner must not carry on or permit to carry on any trade profession or business in or upon any berth reserved by ACARD Limited form time to time for the berthing of the designated vessel, or on the designated vessel while berthed in such reserved berth, save with the written consent of ACARD Limited.

8 (i). The Boat-Owner must not make or suffer to be made any alterations whatsoever in any part of any berth reserved from time to time by ACARD Limited for the berthing of the designated vessel.

ACARD Limited will have the right, on giving one months notice, to terminate this agreement if the Boat-Owner fails to comply with the above obligations.

9.ACARD Limited shall not be responsible to the Boat-Owner or any other person for any accident happening or any injury suffered or damage to or loss of property sustained in or on or to the designated vessel or in or on any berth reserved from time to time by ACARD Limited for the berthing of the designated vessel, nor for any loss or inconvenience suffered by the Boat-Owner or any other person arising from the exercise of any rights or the observance of any obligations contained in this agreement.

10. ACARD Limited and persons authorised by them may at any time enter upon any berth reserved by them from time to time for the berthing of the designated vessel for the purpose of executing alterations, additions, maintenance, or repairs to such berths or to any part of the Marina.

11. ACARD Limited and persons authorised by them may at any time enter the designated vessel or any berth reserved from time to time by ACARD Limited for the berthing of the designated vessel for the purpose of fire-fighting, pumping, re-mooring or otherwise making secure the designated vessel if they observe it to be at risk from any cause or to be a risk to other vessels or the Marina itself, and they may, if they deem it necessary, remove the designated vessel from such reserved berth and re-moor it elsewhere, provided they notify the Boat-Owner at the earliest opportunity thereafter.

12. ACARD Limited and the persons authorised by them may upon giving reasonable notice enter the designated vessel for the purposes of determining the condition thereof and give the Boat-Owner or leave upon the designated vessel notice in writing of all defects and wants of repair so determined for which the Boat-Owner is responsible under this agreement and which ACARD Limited require the Boat-Owner to make good. Within three months of such notice, the Boat-Owner shall make good such defects or wants of repair, failing which ACARD Limited may determine this agreement and require the Boat-Owner to remove the designated vessel from the Marina or Harbour.

13. At the end or sooner determination of the term of this agreement the Boat-Owner must remove the designated vessel from the Marina. If the Boat-Owner fails to remove the designated vessel within one week of the determination of this agreement ACARD Limited may move the vessel to such other part of the Harbour as they may at their sole discretion decide. If after a further week the Boat-Owner has not removed the designated vessel from the Harbour ACARD Limited may remove the designated vessel from the Harbour to such other location they may at their sole discretion decide. ACARD Limited shall not be liable for any damage done to the designated vessel during or following such movements within the harbour or removal from the harbour, and ACARD Limited may charge the Boat-Owner with all costs of such movements or removal.

14. ACARD Limited may charge the Boat-Owner tonnage dues or berthage charges or storage charges at the rates in force at the date of determination of this agreement in respect of any period the designated vessel remains within ACARD Limited harbour or premises after the determination of this agreement, and ACARD Limited have the right to exercise a general lien on the designated vessel or on any other property of the Boat-Owner remaining within ACARD Limited' harbour or premises until such time as the tonnage dues, berthage charges, storage charges or removal costs shall be paid.

In witness whereof the parties hereto have set their hands the day and year first herein written.

PRESENT when the Common Seal of ACARD Limited was affixed hereto:

Signed, Sealed and Delivered by ,(the Boat-Owner)

in the presence of.


 


ACARD Limited, 'The Old Barracks', Bridge Street, Cahersiveen, Co. Kerry, Ireland
Telephone 00 353 (0)66 9472777 Fax 00 353 (0)66 9472993

© 2002 Cahersiveen Marina. All rights reserved.
info@cahersiveenmarina.ie