Definitions

1. Octagon Marine ltd “the company”

2. Owner, End User, Client “the customer”

3. All covers, canopies, upholstery, canvas goods, etc,

Quotations/Estimates

4. Written or verbal quotations and/or estimates given by the company are subject to
acceptance within the valid date as provided. All quotations and estimates are given in
good faith and based on specifications, information, materials and labour costs available at
that time. The company reserves the right to revise such quotations and/or estimates
should any further information or circumstances, outside the company’s control, arise.

5. Subject to an agreement to the contrary, any anticipated delivery date given is in good
faith and is not guaranteed. However, delivery shall be within a reasonable period of time
of any date specified, taking into account all of the relevant circumstances of the particular
potential order.

Orders

6. Unless otherwise specified, our pro-forma terms for new constructions are a minimum
50% non-returnable deposit to be paid with a confirmed order. Orders will not be
processed and/or production manufacturing slots allocated unless the deposit (or full
payment) is received.

7. A sales order acknowledgement with an anticipated completion date is given in good
faith on the understanding that all relevant information and deposit has been received. A
reasonable period of time is allowed for this before any manufacturing commences. The
anticipated completion date shown on a sales order acknowledgement denotes the
estimated “in house ex-works” production completion date.

8. The company will not, unless otherwise agreed by them in writing, use existing fabric
templates in the manufacture of new constructions. Flat fabric templates, and/or supplied
design drawings/drawing files may be used as templates after examination and
acceptance by the company and at the customers own discretion and risk. The company
reserves the right not to use existing un-suitable supporting or tensioning assemblies in
the manufacture of new constructions, for the following reasons:- quality control, design
effectiveness and safe working practices.

9. Colour Matching and Shade Variation. The customer is aware, and accepts, whilst every
effort is made to ensure standard colours are used the company cannot accept any
responsibility for shade variation between any swatch supplied and the final product. Any
request by the customer for the company to match the colour of any existing canvas work
will be at the customers own discretion and risk.

10. If, in the course of executing any work, the company finds any defect in the goods that,
in their opinion, should be rectified without delay and before the customers consent can be
reasonably obtained, the company reserves the right to carry out such necessary repair
work at their discretion and to charge the same to the customer. Notice of any such repair
will be forwarded to the customer forthwith.

11. All goods or property left with the company that are to be repaired, worked on, moved,
stored or otherwise managed are at the sole risk of the customer. Customers should
therefore ensure that their goods and/or property are adequately insured against all risks.
Customers should also ensure that they themselves are adequately insured against third
party risks as they may be liable for damage caused by themselves or their
representatives whilst on or about the company’s premises.

12. Acceptance of goods for repair, other treatment or for storage is subject to the
provisions for the Torts (Interference with Goods) Act 1977
http://www.legislation.gov.uk/ukpga/1977/32 which confers on us as Bailees a right of sale
exercisable in certain circumstances. Such sale will not take place until we have given
notice to the owner in accordance with the Act. For the purpose of the Act it is hereby
recorded there: (a) goods for repair or other treatment are accepted by us on the terms
that the owner will take delivery of the goods in accordance with clause 12 of these terms
when the repair or other treatment has been carried out (b) our obligation as custodian of
goods accepted for storage ends upon the expiry of lawful termination or the grant to the
owner of facilities for storage.

13. In all cases where a contract to occupy any storage space, property or facilities may be
lawfully terminated by notice, the same shall be deemed to be lawfully served, if served
personally or sent by registered or recorded delivery to the last known address for the
customer.

14. The company have the right to exercise a general lieu upon any goods whilst in or
upon our premises until such time as any monies due to us from the customer in respect of
such goods, whether on account or storage, work done or otherwise, is paid.

15. Any unforeseen charges incurred by the company from a third party will be passed on
at cost, to the customer for payment.