Terms and Conditions
ENThis document is provided in the English language only. By browsing this website, submitting any form on it, or requesting or accepting our services, you declare that you are able to read and understand English to the level required to understand this document in full, that you have had the opportunity to obtain an independent translation at your own expense, and that you accept this document in its English version. The English version is the sole binding version.
ESEste documento se facilita únicamente en lengua inglesa. Al navegar por este sitio web, enviar cualquier formulario o solicitar o aceptar nuestros servicios, usted declara que es capaz de leer y comprender el inglés al nivel necesario para entender íntegramente este documento, que ha tenido la oportunidad de obtener una traducción independiente por su cuenta y que acepta este documento en su versión inglesa. La versión inglesa es la única versión vinculante.
FRLe présent document est fourni uniquement en langue anglaise. En naviguant sur ce site web, en soumettant un formulaire ou en demandant ou acceptant nos services, vous déclarez être en mesure de lire et de comprendre l'anglais au niveau requis pour comprendre intégralement le présent document, avoir eu la possibilité d'obtenir une traduction indépendante à vos frais, et accepter le présent document dans sa version anglaise. La version anglaise est la seule version contraignante.
CAAquest document es facilita únicament en llengua anglesa. En navegar per aquest lloc web, enviar qualsevol formulari o sol·licitar o acceptar els nostres serveis, declares que ets capaç de llegir i entendre l'anglès al nivell necessari per comprendre íntegrament aquest document, que has tingut l'oportunitat d'obtenir-ne una traducció independent pel teu compte i que acceptes aquest document en la seva versió anglesa. La versió anglesa és l'única versió vinculant.
NLDit document wordt uitsluitend in de Engelse taal verstrekt. Door deze website te bezoeken, een formulier in te dienen of onze diensten aan te vragen of te aanvaarden, verklaart u dat u Engels kunt lezen en begrijpen op het niveau dat nodig is om dit document volledig te begrijpen, dat u de gelegenheid hebt gehad op eigen kosten een onafhankelijke vertaling te verkrijgen, en dat u dit document in de Engelse versie aanvaardt. De Engelse versie is de enige bindende versie.
DEDieses Dokument wird ausschliesslich in englischer Sprache bereitgestellt. Mit der Nutzung dieser Website, dem Absenden eines Formulars oder der Anforderung bzw. Annahme unserer Leistungen erklären Sie, dass Sie Englisch in dem Umfang lesen und verstehen können, der zum vollständigen Verständnis dieses Dokuments erforderlich ist, dass Sie Gelegenheit hatten, auf eigene Kosten eine unabhängige Übersetzung einzuholen, und dass Sie dieses Dokument in seiner englischen Fassung annehmen. Die englische Fassung ist die allein verbindliche Fassung.
1. Who these terms are between
1.1 These terms are between you and , a company established in the Principality of Andorra, trading as Boatomation (the Company, we, us).
1.2 They govern your use of this website, any quotation we give you, and any work we carry out. Work is carried out under a signed order or contract, which incorporates these terms.
1.3 These terms prevail over yours. Any purchase order, standard conditions or other document you issue has no effect on this contract, even if we sign or acknowledge it, unless we have expressly agreed to a variation in writing signed on our behalf.
1.4 These are general business terms. They are not a licence for the software that runs the System — see clause 15.
2. Definitions
- Vessel
- The yacht or craft identified in your request or order.
- System
- The equipment, wiring, configuration and software we supply and install aboard the Vessel.
- Software Licence
- The separate licence terms under which the System's software is supplied. They are a document in their own right and they govern the software — see clause 15.
- Documentation
- Our surveys, designs, drawings, schematics, space and device schedules, calculations, specifications and handover documents.
- Quotation
- A written offer from us stating scope and price. What this website produces is a request for one, never the thing itself.
- Indicative Range
- The price range we give from your description and photographs, before anyone has seen the Vessel. An estimate, never an offer — see clause 5.2.
- Survey Fee
- The fee that books a visit to the Vessel, credited against the work, refunded or retained as clause 5.3 sets out.
- Confidential Information
- Our prices, rates, margins, methods, designs, Documentation, supplier arrangements and the contents of any Quotation; and, on your side, the Vessel's details and anything we learn aboard her.
- Consumer
- A natural person acting outside their trade, business, craft or profession.
- Owner's Representative
- A captain, manager, broker or yard acting for the Vessel's owner.
3. Nothing on this website is an offer
3.1 The website is information. Completing the quote wizard is a request; it creates no contract and binds neither of us.
3.2 Any figure, band or example appearing on the site is indicative. Only a written Quotation naming your Vessel is capable of being accepted.
3.3 A Quotation is valid for 30 days unless it says otherwise, and is given on the information you supplied. If the Vessel differs materially from what you described — and on a boat of this age she often does — we will re-quote before doing the work, not invoice you afterwards.
3.4 A Quotation is priced as a whole. Accepting part of it, or removing items from it, entitles us to re-price the remainder.
4. Who may instruct us
4.1 If you instruct us as an Owner's Representative, you warrant that you are authorised to do so and that the owner is bound. We are entitled to rely on that without enquiry.
4.2 Where the Vessel is jointly owned, chartered, mortgaged or subject to a management agreement, obtaining any consent required from the other parties is your responsibility, not ours.
4.3 Where you instruct us for somebody else and they do not pay, you are liable for the sums due, jointly with them.
5. How we get to a price: description, range, survey
5.1 First, at no charge. You send us a description of the Vessel's spaces, photographs of them, and what you would like her to do. We study it and reply with a suggested approach and an indicative price range. That costs you nothing and commits neither of us.
5.2 An indicative range is not a Quotation. It is an estimate given from your material alone, without anyone having seen the Vessel, and it is not capable of acceptance (clause 3.2). It is expressed as a range, never as a single figure, and it does not bind either of us.
5.3 The survey fee. If the range suits you, a survey fee books a visit to the Vessel. Its amount depends on where she lies, and it is stated to you in writing before you pay anything. The visit produces a definitive written Quotation. Then:
- You proceed — the fee is credited in full against the price of the work. The survey has effectively cost you nothing.
- Our definitive Quotation exceeds the top of the range we gave you, and you therefore decline — we refund the fee in full. Getting our own range wrong is our risk, not yours.
- You decline for any other reason — we retain the fee. We did the work and we travelled.
- The Vessel is materially different from what you described or photographed — we retain the fee, and clause 5.2's range ceases to apply. An estimate can only be as good as the material it was given from (see clause 8.1).
5.3.1 Where the Vessel lies outside the zones for which we publish a survey fee, travel is quoted separately and openly, and always before you commit to anything.
5.3.2 If you are a Consumer, clause 20 applies to the survey fee as it does to anything else.
5.3.3 Boats of the age we specialise in have frequently been modified since they were built, and the documentation frequently no longer matches the vessel. Where we find that at the survey, we tell you, and any change of scope follows clause 11.
5.3.4 You will give us reasonable access to the Vessel for the survey, and to any drawings, wiring diagrams and manuals you hold.
5.4 The Documentation remains ours. Whether it was paid for, produced under a survey fee, or given free of charge, you may use it for the Vessel it was prepared for — including to have the work carried out by somebody else. You may not publish it, and you may not supply it to any person who designs, installs or maintains systems on other vessels for the purpose of reuse on them. Our methods, calculations, templates and pricing are not yours to pass on.
6. What we will do
6.1 We will carry out the work described in the Quotation with the reasonable skill and care of a competent marine systems integrator.
6.2 We choose the technology. Which bus, which protocol, which devices, and whether the System is wired, wireless or both, is our engineering decision, taken from what you told us about the Vessel and about what you want. If you require a specific manufacturer or protocol, say so in writing before the Quotation is issued.
6.3 We will leave the Vessel clean and her joinery, headlining and finishes as we found them, save where making good is expressly part of the scope or where disturbance is unavoidable and was notified to you in advance.
6.4 We may use subcontractors. We remain responsible to you for their work.
7. What we are not
7.1 We are not a shipyard. We do not undertake structural, hull, rig, propulsion or steering work, and nothing in the System is intended to modify any of them.
7.2 We are not a marine surveyor or a classification society. Nothing we say about the Vessel is a survey, a valuation, a condition report or a certificate, and none of it may be relied on as one, by you or by an insurer or a purchaser.
7.3 Where work requires a qualified marine electrician, a gas engineer, a class surveyor or a flag-state approval, that work is carried out by, or under the responsibility of, the appropriately qualified person, and any certificate is theirs.
8. Your obligations
8.1 You will tell us anything you know about the Vessel that affects the work, including previous modifications, known defects and any ongoing insurance claim or dispute. This applies to the description and photographs you send us under clause 5.1: they must fairly represent her, including the parts that are not presentable. An Indicative Range can only be as good as the material it was given from.
8.2 You will ensure the Vessel is insured throughout, including while she is being worked on, and that her insurer is aware of the work where the policy requires it. Our own liability insurance does not insure your boat.
8.3 You are responsible for any berth, yard, lift or crane fees, and for any permission the marina or yard requires for us to work aboard.
8.4 You will provide safe access, safe working conditions and, where the Vessel is in a yard, a working environment that complies with that yard's rules. If work has to stop because access, power or conditions are not as agreed, we may charge for the time lost and for a return visit.
8.5 You indemnify us against any claim, loss, fine or cost we suffer arising from: an instruction given without authority (clause 4.1); a defect or condition of the Vessel that you knew of and did not disclose; your use or configuration of camera, recording or monitoring functions, including their lawfulness and any obligation owed to crew, guests or third parties (see §8 of the Privacy Policy); or any use of the System other than as it was supplied and documented.
8.6 The indemnity in 8.5 does not apply to the extent the claim arises from our own negligence or breach, and it does not apply to you at all if you are a Consumer — see clause 22.
9. Navigation, safety and statutory equipment
9.1 The System is a comfort, convenience and monitoring system. It is not navigation equipment, it is not a life-saving appliance, and it is not a substitute for any equipment the Vessel is required to carry.
9.2 We do not modify, interface with or take control of steering, propulsion, steering gear, autopilot, radar, AIS, VHF, EPIRB, navigation lights, or statutory fire or bilge systems, except where a Quotation says so expressly and the work is done under clause 7.3. Where we read from a marine network we read only; we do not write to it.
9.3 Nothing the System reports relieves the master of the Vessel of any duty. A monitored bilge alarm is an extra pair of eyes, not a watchkeeper.
10. Prices, payment, title and retention
10.1 Prices are exclusive of taxes, duties, shipping and travel unless stated. Taxes are charged at the rate in force where the supply is made.
10.2 Unless the order says otherwise: a deposit on order, a stage payment on delivery of equipment to the Vessel, and the balance on handover. A deposit is applied against our costs and is refundable only to the extent those costs have not been incurred.
10.3 Title to equipment does not pass until we have been paid in full for it and for everything else then due under the same order. Risk passes on delivery aboard. Until title passes you hold the equipment as bailee, you will keep it insured and identifiable, and you will not sell, pledge or grant any security over it. If payment is overdue we may, on reasonable notice, enter the place where the Vessel lies with your co-operation and recover equipment to which we still hold title.
10.4 Sums overdue carry interest at the statutory rate, and you will reimburse our reasonable costs of recovery, including legal and collection costs.
10.5 We may suspend work, support and any remote service while payment is overdue, on notice, without liability for the delay. Time for completion is extended accordingly. Suspension does not switch off anything already installed and working aboard.
10.6 You will pay in full without deduction, set-off or withholding. A dispute about one item does not entitle you to withhold payment for the rest.
10.7 Nothing in these terms waives any right of retention, security or other remedy available to us at law in respect of unpaid sums.
11. Changes
11.1 Either of us may propose a change. A change is effective when both of us have agreed it in writing, including its effect on price and on time.
11.2 Where a condition discovered aboard makes the quoted scope impossible or unsafe, we stop, tell you, and propose an alternative. We do not press on and invoice you for the discovery.
11.3 Work you ask for outside the agreed scope is chargeable at our rates then in force, whether or not a written change was recorded first.
12. Time
12.1 Dates are estimates unless expressly agreed as firm in writing. Yard schedules, weather, lifts and long-lead equipment all move, and on a refit they move together.
12.2 Neither of us is liable for delay caused by something outside our reasonable control, including a supplier's failure, a yard's programme, transport, weather, industrial action, or the withdrawal of a third-party service.
13. Handover, acceptance and training
13.1 At handover we demonstrate the System working and hand over Documentation and credentials. Credentials are yours.
13.2 You have 14 days from handover to report anything that does not perform as quoted. We put it right at no charge.
13.3 Use of the System for its intended purpose after that period is acceptance, except as to defects that could not reasonably have been found by then.
14. Warranty
14.1 We warrant our workmanship for 24 months from handover.
14.2 Equipment carries its manufacturer's warranty. We will administer a manufacturer claim for you during our own warranty period.
14.3 The warranty does not cover damage from misuse, from work or modification by somebody else, from lightning, flooding, grounding or collision, or from a failure of the Vessel's own power or earthing arrangements outside our scope.
14.4 It does not cover a fault caused by a change to the System, its network or its credentials made by anyone other than us, or by the withdrawal or alteration of a third-party service (clause 15.5).
14.5 Consumables — batteries, lamps, filters — are excluded. Attending the Vessel to find that the fault is not ours is chargeable at our rates.
15. The System's software, and third-party services
15.1 The software that runs the System is ours, and it is not sold. It is supplied under its own separate Software Licence, provided with the System.
15.2 The Software Licence governs the software in full, including its own commercial terms. These terms grant you no right whatsoever in it, say nothing about what it costs, and where the two documents differ as to the software, the Software Licence prevails. You are given the Software Licence before you commit to an order.
15.3 Buying hardware transfers no right in the software. Title to equipment passes under clause 10.3; the software is licensed, never transferred, and no payment under these terms is a payment for ownership of it.
15.4 If you sell the Vessel, whether and how the licence passes is governed by the Software Licence. Where all sums due to us have been paid, we will not unreasonably withhold our consent to it passing with her.
15.5 Where the System uses a manufacturer's cloud service, a voice assistant, or a music or video service, that service is provided by its owner under its own terms, at its own price, and may be changed or withdrawn by them. We will tell you which ones a design depends on before you commit to it, and we design so that the loss of one of them does not stop the Vessel's lights, heating or pumps from working.
15.6 Remote access depends on a data connection we do not provide and cannot guarantee.
16. Liability — what is never excluded
Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited.
17. Liability — what is limited
17.1 Subject to clauses 16 and 22, our total liability arising out of an order is limited to the price paid under that order.
17.2 Subject to clauses 16 and 22, we are not liable for loss of profit, loss of charter income, loss of use of the Vessel, wasted berth or yard fees, loss of data, or any indirect or consequential loss.
17.3 We are not liable for the condition of the Vessel or of her existing systems, or for a pre-existing defect our work merely reveals.
17.4 Security and monitoring functions are not a security or monitoring service. Cameras, detection, alarms and sensors are equipment we install and you operate. We do not keep watch over your Vessel, we do not receive or respond to her alarms, and we do not undertake that any alarm will detect an event, that a notification will arrive, or that anyone will act on it. If you want a monitored service, engage a monitoring company; we will happily interface the System to theirs.
17.5 Any claim must be notified to us in writing within 12 months of the date you became aware, or ought reasonably to have become aware, of the matter giving rise to it.
18. Insurance
We carry public and professional liability insurance appropriate to work of this kind, and will produce a certificate on request. It insures our liability. It does not insure your Vessel, and it is not a substitute for her own policy.
19. Cancellation and suspension
19.1 You may cancel before work starts, paying for equipment already ordered specifically for you and for work already done, including design time we had agreed to charge for. The survey fee is dealt with under clause 5.3 and not under this clause.
19.2 We may suspend or end the contract, on notice, if you do not pay, if access to the Vessel is not given within a reasonable time, if the work cannot be done safely, or if you become insolvent.
19.3 On the contract ending for any reason, clauses 5.4, 8.5, 10, 15, 16, 17, 21, 22, 23 and 24 survive.
20. Consumer right of withdrawal
20.1 If you are a Consumer and the contract was concluded at a distance or away from our premises, you have 14 days to withdraw without giving a reason. Write to .
20.2 If you asked us to start within that period, you pay for what was done up to the moment you withdrew, and no more.
20.3 The right does not apply to equipment made or configured specifically to your specification once that work has begun.
21. Our intellectual property, confidentiality and non-circumvention
21.1 All intellectual property in the Documentation, in our methods and in anything we create in the course of the work is and remains ours. Nothing in these terms assigns any of it.
21.2 Clause 5.4 sets out what you may do with the Documentation. It is a licence to use, for one vessel, and nothing more.
21.3 Clause 21.2 does not extend to the System's software, which is governed exclusively by the Software Licence (clause 15).
21.4 You will not, and will not permit anyone else to: copy our design onto another vessel; reproduce our Documentation for a third party's commercial use; or examine, measure or record the installed System for the purpose of reproducing it. This does not prevent anyone maintaining, repairing or replacing equipment aboard your own Vessel.
21.5 Confidentiality. You will keep our Confidential Information confidential and use it only for the Vessel. You may share it with your own professional advisers, your insurer, your crew and a purchaser of the Vessel, provided they are bound to the same restriction. It stays confidential for 3 years after the work ends, and indefinitely as to anything that is a trade secret.
21.6 We owe you the same duty in return, as to the Vessel's details, your identity and anything we learn aboard her.
21.7 Non-solicitation. For 12 months after the last work on the Vessel, you will not employ or engage, directly or through another company, any person who worked on her for us, without our written agreement.
21.8 Non-circumvention. For 24 months after the last work, where one of us was introduced to the other by a yard, broker, manager or other intermediary, neither of us will use that introduction to contract directly for work of the kind covered by a Quotation so as to deprive that intermediary of an agreed fee; and you will not engage our subcontractors directly for work of that kind, without our written agreement.
21.9 Publicity, both ways. We will not photograph your Vessel for our own publicity, or name her, without your written permission — owners of boats value their privacy, and we assume the answer is no until you tell us otherwise. Equally, you will not use our name, the Company's name or our marks in any advertising, listing or sales particulars without our written permission, and never in a way that implies we endorse or warrant anything beyond the work we actually did.
22. Consumers keep their rights
22.1 If you are a Consumer, nothing in these terms takes away any right you have under the mandatory consumer law of the country where you habitually reside, or under Andorran consumer law, including your rights in respect of goods and services that are not as described or not of satisfactory quality.
22.2 Where any clause in these terms would give you less than that law gives you, that law applies instead, and the rest of these terms stand.
22.3 Clauses 8.5 (indemnity), 10.6 (no set-off), 17.5 (time limit), 21.7 and 21.8 (non-solicitation and non-circumvention) do not apply to a Consumer.
23. Governing law and jurisdiction
23.1 These terms are governed by the law of the Principality of Andorra.
23.2 The courts of Andorra have jurisdiction — except that if you are a Consumer, you may also sue, and may only be sued, in the courts of your own country of residence, as that law provides.
23.3 These terms are not a contract of carriage or of salvage, and nothing in them submits any dispute to an admiralty jurisdiction. Nothing in this clause limits clause 10.7.
24. Personal data
How we handle personal data is set out in our Privacy Policy, which forms part of these terms. Clause 8 of that notice — who controls the data your installed System produces, and what that means for cameras and for crew — is important, and is written to be read rather than skipped.
25. General
25.1 If a clause is unenforceable, the rest survive, and the unenforceable one applies to the greatest extent the law allows.
25.2 A delay in enforcing a right does not waive it, and a waiver on one occasion is not a waiver on another.
25.3 You may not assign your order without our consent, which we will not unreasonably withhold — including on a sale of the Vessel. We may assign or subcontract without your consent, remaining responsible under clause 6.4.
25.4 Nobody other than you and us may enforce these terms.
25.5 These terms, the Quotation, the order and the Software Licence are the whole agreement between us, and replace anything said or written before. Neither of us relies on any statement not set out in them — which does not limit clause 16.
25.6 Nothing in these terms creates a partnership, joint venture or agency between us.
25.7 Notices are given in writing, by email to the address each of us last notified, and are treated as received on the next working day.
26. Changes to these terms
We may change these terms for future orders. The version in force when you accepted is the one that governs your order, and we record which that was.
27. Contact
Write to . We answer.