SoftDecks Terms and Conditions and PrimaDek™ Warranty Policy
These Terms and Conditions apply to the supply, manufacture, delivery and installation of PrimaDek™ marine decking and any associated goods or services supplied by Softdecks LTD.
In these Terms:
- “SoftDecks”, “we”, “us” and “our” mean the business identified above.
- “Customer”, “you” and “your” mean the person, business or organisation purchasing the goods or services.
- “Boat” includes any boat, vessel, yacht, personal watercraft, tender, pontoon or other craft on which goods or services are supplied.
- “Decking” means PrimaDek™ or any other marine flooring product supplied by SoftDecks.
- “Consumer” means an individual acting wholly or mainly outside their trade, business, craft or profession.
- “Business Customer” means a Customer acting wholly or mainly for business, trade, charter, rental, military, emergency-service or other commercial purposes.
These Terms should be read together with the applicable quotation, order confirmation, approved drawings, specifications, care instructions and any written variation agreed between SoftDecks and the Customer.
Nothing in these Terms excludes or limits any statutory right that cannot lawfully be excluded or limited.
1. Contract documents
1.1 Your contract with SoftDecks consists of:
a. the written quotation or order confirmation;
b. any approved drawings, templates, layouts, colours, logos or design proofs;
c. any written variations subsequently agreed;
d. these Terms and Conditions;
e. the SoftDecks care and maintenance instructions; and
f. any separate written warranty terms expressly incorporated into the quotation.
1.2 If there is a conflict between these documents, the following order of priority applies:
a. a subsequently agreed written variation;
b. the quotation or order confirmation;
c. an approved design or specification;
d. these Terms and Conditions; and
e. general promotional or marketing material.
1.3 No verbal representation, estimate or statement will amend the contract unless it is confirmed in writing by SoftDecks.
2. Quotations and formation of the contract
2.1 A quotation is an invitation for the Customer to place an order and is not, by itself, acceptance of an order.
2.2 A contract is formed when SoftDecks:
a. confirms acceptance of the order in writing;
b. receives the required deposit and confirms the production booking; or
c. begins measuring, designing, templating, manufacturing, preparation or installation at the Customer’s request,
whichever occurs first.
2.3 Quotations remain valid for the period specified in the quotation. Where no period is specified, the quotation will normally remain valid for 30 days.
2.4 After the quotation-validity period expires, SoftDecks may revise the price to reflect changes in material, labour, delivery, travel or other costs.
2.5 SoftDecks may correct an obvious clerical, calculation, specification or pricing error before manufacture or installation begins.
2.6 If correcting an error materially increases the agreed price, the Customer may cancel the unperformed part of the order and receive a refund of payments relating to work not completed and goods not manufactured or irrevocably committed.
3. Quotations based on preliminary information
3.1 A quotation may be prepared using:
a. photographs;
b. drawings;
c. estimated dimensions;
d. customer-supplied measurements or templates;
e. information supplied by a third party;
f. a preliminary inspection; or
g. information provided by telephone, email, website form or other communication.
3.2 Unless expressly stated otherwise, every quotation is subject to final inspection of:
a. the Boat;
b. the installation surfaces;
c. the existing flooring and adhesive;
d. the condition of paint, gelcoat and coatings;
e. access arrangements;
f. working conditions; and
g. the accuracy of the information previously supplied.
3.3 The final inspection may reveal circumstances that could not reasonably have been identified before attendance, including:
a. concealed damage;
b. moisture, dampness or contamination;
c. loose paint, gelcoat or coatings;
d. corrosion, rot, cracking or delamination;
e. defective or incompatible sealants, coatings or adhesives;
f. excessive or unusually difficult adhesive residue;
g. uneven, distorted or previously repaired surfaces;
h. inaccurate customer-supplied dimensions or templates;
i. restricted or unsafe access;
j. fittings that require removal;
k. hidden fasteners, wiring, pipework or equipment; or
l. additional preparation required to achieve a satisfactory installation.
4. Additional work discovered during final inspection
4.1 If the final inspection identifies additional work that is reasonably required, SoftDecks will explain the issue and provide:
a. a fixed additional price;
b. an estimated additional price;
c. an hourly or daily labour rate; or
d. another reasonable pricing basis.
4.2 Wherever reasonably practicable, additional work will not be undertaken until the Customer has agreed to the additional work and price.
4.3 Agreement may be recorded by:
a. email;
b. text message;
c. WhatsApp;
d. electronic acceptance;
e. signed variation; or
f. another durable written method.
4.4 Where immediate minor work is reasonably necessary to protect the Boat, prevent damage or complete an agreed operation safely, SoftDecks may undertake that work without prior written approval where it is not reasonably practicable to contact the Customer. The cost must be reasonable and will be explained to the Customer.
4.5 If the Customer does not agree to the additional work or revised price, SoftDecks may suspend or terminate the affected part of the contract.
4.6 Where the contract is terminated under clause 4.5:
a. the Customer will receive a refund for work not carried out;
b. the Customer will receive a refund for standard goods not supplied or committed;
c. SoftDecks may retain reasonable charges for measuring, templating, design, travel, preparation, removal and other work already completed;
d. bespoke goods already cut, engraved, machined, personalised, ordered or manufactured will remain payable;
e. completed bespoke goods will be made available for collection or delivery, subject to payment; and
f. any deduction from payments made will be reasonably calculated and explained.
4.7 Where no work has been completed and no bespoke goods or non-refundable materials have been ordered or manufactured, payments relating to the cancelled work will be refunded in full.
5. Customer authority and ownership of the Boat
5.1 By placing an order, the Customer confirms that they:
a. own the Boat;
b. are authorised by the owner to commission the work; or
c. are otherwise legally authorised to enter into the contract.
5.2 The Customer is responsible for obtaining any required permission from:
a. the Boat owner;
b. a finance or leasing company;
c. a marina or harbour authority;
d. a boatyard or storage provider;
e. an insurer; or
f. any other person with an interest in the Boat.
5.3 SoftDecks may request evidence of authority before beginning work.
5.4 The Customer is responsible for claims arising from a lack of authority to commission the work, except to the extent that SoftDecks knew or ought reasonably to have known that the Customer lacked authority.
6. Scope of the work
6.1 SoftDecks will supply only the goods and services expressly included in the quotation.
6.2 Unless expressly included in writing, the quotation does not include:
a. structural repairs;
b. fibreglass or gelcoat repairs;
c. timber, aluminium, steel or composite repairs;
d. paint or coating repairs;
e. levelling, filling, fairing or rebuilding uneven surfaces;
f. treatment of corrosion, rot, osmosis, dampness or water ingress;
g. removal or disposal of existing decking, carpet, vinyl or adhesive;
h. removal or refitting of seats, rails, hatches, cleats, fittings, electronics or machinery;
i. electrical, plumbing, steering, fuel-system or mechanical work;
j. specialist leak testing or pressure testing;
k. repairs to loose, defective or poorly bonded coatings;
l. craneage, lifting, launching or recovery;
m. boat transport or relocation;
n. marina, harbour, parking or access charges;
o. specialist cleaning or hazardous-material removal; or
p. work required to make the Boat structurally sound, seaworthy or watertight.
6.3 Marine decking is a cosmetic and functional surface covering.
6.4 Marine decking:
a. is not structural;
b. does not strengthen the Boat;
c. does not repair damaged decks;
d. is not a waterproofing membrane; and
e. must not be relied upon to remedy leaks or defective seals.
7. Measurements, templates and customer-supplied information
7.1 Where SoftDecks measures or templates the Boat, it will do so with reasonable care and skill.
7.2 Where measurements, templates, drawings or digital files are supplied by the Customer or a third party, the Customer is responsible for their accuracy and completeness.
7.3 SoftDecks will not be responsible for inaccurate fit caused by:
a. inaccurate customer-supplied measurements or templates;
b. distorted, stretched or incorrectly scaled drawings;
c. changes made to the Boat after measuring or templating;
d. fittings being moved or replaced;
e. movement, distortion or alteration of the underlying structure;
f. failure to disclose relevant alterations; or
g. installation being attempted on a different Boat or location from that measured.
7.4 Where SoftDecks identifies an obvious error in customer-supplied information, it will seek clarification before manufacture where reasonably practicable.
7.5 SoftDecks is not required to identify every non-obvious error in information supplied by the Customer or a third party.
8. Design and proof approval
8.1 SoftDecks may provide a drawing, layout or design proof for Customer approval before manufacture.
8.2 The Customer must carefully check:
a. the overall layout;
b. pad and panel divisions;
c. dimensions;
d. spacing and margins;
e. line direction and orientation;
f. colour combinations;
g. border details;
h. logos and artwork;
i. names, registration numbers and spelling;
j. hatch and fitting positions;
k. cut-outs; and
l. any other requested design feature.
8.3 Approval authorises SoftDecks to manufacture in accordance with the approved design.
8.4 SoftDecks will not be responsible for an error that was clearly visible in an approved proof, except where the finished product does not conform to the approved proof.
8.5 Changes requested after approval may result in additional:
a. design charges;
b. material charges;
c. machining charges;
d. production delays; and
e. replacement charges.
8.6 Minor adjustments may be made during manufacture or installation where reasonably required to accommodate:
a. the actual shape of the Boat;
b. curvature;
c. fittings;
d. practical production tolerances;
e. safe clearances; or
f. minor differences between a template and the actual surface.
9. Logos, artwork and intellectual property
9.1 The Customer confirms that they have permission to use any logo, name, graphic, artwork, trademark or other material supplied to SoftDecks.
9.2 SoftDecks may refuse to reproduce material that it reasonably believes:
a. infringes another person’s intellectual-property rights;
b. is unlawful;
c. is defamatory;
d. is offensive; or
e. could expose SoftDecks to a legal claim.
9.3 The Customer will be responsible for a third-party intellectual-property claim resulting from material supplied or specifically instructed by the Customer, except to the extent that the claim resulted from SoftDecks’ own unauthorised alteration or use.
9.4 Unless expressly agreed otherwise, SoftDecks retains ownership of its:
a. templates;
b. CAD files;
c. cutting files;
d. production drawings;
e. tooling paths;
f. manufacturing methods; and
g. technical processes.
9.5 Purchasing the finished decking does not transfer ownership of SoftDecks’ production files or manufacturing methods.
10. Materials, samples and colour representation
10.1 Samples, brochures, photographs, renders and screen images provide a reasonable indication of appearance but cannot guarantee an exact colour match.
10.2 The perceived appearance of decking may be affected by:
a. lighting conditions;
b. screen calibration;
c. surrounding surfaces;
d. production batch;
e. surface texture;
f. viewing angle; and
g. age and weathering.
10.3 Minor variation in colour, texture, density, thickness, surface finish or adhesive backing may occur between production batches.
10.4 Such minor variations will not, by themselves, constitute a defect where the goods remain:
a. of satisfactory quality;
b. suitable for their intended purpose; and
c. materially consistent with the agreed specification.
11. Installation tolerances and finished appearance
11.1 Marine decking is manufactured and installed to practical production and installation tolerances.
11.2 The following will not necessarily constitute defects where they are minor, reasonable and do not materially affect use:
a. slight differences in spacing or pad dimensions;
b. minor variation around curved or irregular edges;
c. small alignment differences across separate panels;
d. differences caused by asymmetry in the Boat;
e. minor compression or handling marks that recover through normal use;
f. slight variation in thickness;
g. slight variation in engraving depth or line width;
h. reasonable colour or texture variation between batches; and
i. small clearances required around fittings, fasteners or moving parts.
11.3 The Customer acknowledges that Boats are not always symmetrical and that apparently corresponding port and starboard areas may differ in size or shape.
11.4 SoftDecks does not guarantee that the completed decking will make an irregular or asymmetrical Boat appear perfectly symmetrical.
11.5 No marine surface can be guaranteed to be completely slip-proof.
11.6 Grip and slip resistance may be affected by:
a. fuel;
b. oil;
c. sunscreen;
d. soap;
e. fish residue;
f. algae;
g. standing water;
h. footwear;
i. wear; and
j. improper cleaning.
12. Reordered and replacement pads
12.1 Where a pad, panel or section is reordered, repaired or replaced at a later date, SoftDecks will make reasonable efforts to produce a suitable match to the original installation.
12.2 An exact match cannot be guaranteed because:
a. the existing decking may have faded or weathered;
b. the existing decking may have changed through cleaning, use or exposure;
c. raw-material production batches may differ;
d. a particular colour may have been reformulated;
e. the original material may have been discontinued;
f. thickness, density or surface texture may vary;
g. adhesive backing may have changed;
h. production tooling may have been replaced or updated; or
i. manufacturing methods may have changed.
12.3 Production differences may include minor variation in:
a. colour tone;
b. surface texture;
c. material thickness;
d. engraving depth;
e. line width;
f. cutter marks;
g. edge profile;
h. bevel shape;
i. adhesive backing; and
j. overall finish.
12.4 Minor variations resulting from ageing, weathering, later production batches, updated tooling or changed manufacturing processes will not, by themselves, constitute a defect where the reordered or replacement pad remains suitable for its intended purpose and materially conforms to the agreed specification.
12.5 Where SoftDecks knows before manufacture that a reordered pad is likely to differ significantly from the original installation, SoftDecks will inform the Customer and seek approval before proceeding.
12.6 SoftDecks is not required to replace otherwise satisfactory surrounding pads solely to achieve a completely uniform colour or appearance, unless a wider replacement is required under the Customer’s statutory rights.
12.7 Where the original colour, material or tooling is no longer available, SoftDecks may offer:
a. the closest reasonably available alternative;
b. a contrasting replacement;
c. replacement of a larger section at an additional price; or
d. a refund of any payment made for a replacement that has not entered production.
13. Replacement-pad pricing, travel and fitting costs
13.1 Unless expressly stated otherwise in writing, any price quoted for a reordered or replacement pad covers the manufacture and supply of that pad only.
13.2 A replacement-pad price does not include:
a. travel or mileage;
b. flights, ferries or accommodation;
c. marina, harbour, parking or access charges;
d. collection or delivery;
e. removal of the existing pad;
f. removal of old adhesive;
g. cleaning or preparation of the underlying surface;
h. levelling, filling or substrate repairs;
i. installation or fitting labour;
j. sealants or additional adhesive;
k. waste disposal; or
l. additional attendance required because the Boat is unavailable or inaccessible.
13.3 Any excluded service or cost will be quoted separately where required.
13.4 This material-only pricing applies to replacement pads requested because of:
a. accidental damage;
b. spills or staining;
c. scratching, cutting, denting or impact;
d. wear and tear;
e. customer or third-party damage;
f. misuse or unsuitable cleaning;
g. alterations to the Boat;
h. design changes;
i. loss of a supply-only pad;
j. customer-requested replacement;
k. a matter outside the applicable guarantee; or
l. goodwill assistance.
13.5 Where SoftDecks agrees to supply a pad without charge as a goodwill gesture, this does not mean that travel, removal, preparation, delivery or fitting will also be provided without charge.
13.6 Travel, removal, preparation and fitting will be included only where SoftDecks expressly confirms this in writing.
13.7 Nothing in this section allows SoftDecks to charge a Consumer a cost that SoftDecks is legally required to bear as part of an accepted statutory repair or replacement remedy.
13.8 Where a replacement is required because of accepted defective SoftDecks workmanship, SoftDecks will bear the reasonable and necessary remedial costs that it is legally or contractually required to bear.
14. Customer responsibilities before attendance
14.1 The Customer must provide accurate information concerning:
a. the Boat’s identity;
b. construction type;
c. location;
d. condition;
e. access arrangements;
f. existing leaks or water-ingress issues;
g. previous repairs;
h. existing coatings and adhesives;
i. loose, fragile or defective surfaces;
j. concealed cables, pipes, tanks and equipment; and
k. marina, harbour, club or site restrictions.
14.2 Before SoftDecks attends, the Customer must ensure that:
a. SoftDecks has lawful permission to access the Boat and site;
b. the Boat is safely secured and reasonably stable;
c. safe access is available;
d. suitable parking and loading arrangements are available;
e. any required shore power is safe and operational;
f. working areas are reasonably clean and clear;
g. personal belongings and valuables are removed;
h. loose equipment is secured or removed;
i. animals and unauthorised persons are kept away;
j. alarms and automatic systems are isolated where appropriate;
k. sensitive equipment is protected or isolated where appropriate; and
l. the Boat is not moved, launched, recovered or operated without agreement while work is underway.
14.3 The Customer must tell SoftDecks about any specific site induction, permit, insurance or health-and-safety requirement before the attendance date.
14.4 SoftDecks may suspend or postpone work where conditions are:
a. unsafe;
b. unsuitable;
c. materially different from those described; or
d. likely to compromise the quality of the installation.
14.5 Reasonable additional costs resulting from inaccurate information, failed access or Customer-caused delay may be charged after being explained to the Customer.
15. Condition of the Boat and pre-existing defects
15.1 SoftDecks’ inspection is limited to what is reasonably necessary for the quoted decking work.
15.2 SoftDecks does not undertake a:
a. marine survey;
b. structural survey;
c. moisture survey;
d. electrical inspection;
e. mechanical inspection;
f. seaworthiness assessment; or
g. watertightness certification.
15.3 The Customer is responsible for ensuring that the Boat is:
a. structurally sound;
b. properly maintained;
c. safe to work on;
d. seaworthy where applicable; and
e. suitable for the work requested.
15.4 SoftDecks is not responsible for loss or damage caused by a pre-existing or concealed defect that it could not reasonably have identified while exercising reasonable care and skill.
15.5 Pre-existing or concealed defects may include:
a. rotten or saturated timber;
b. osmosis;
c. corrosion;
d. delamination;
e. cracked or weakened fibreglass;
f. loose gelcoat;
g. loose paint or coatings;
h. defective hatches or seals;
i. defective drains or scuppers;
j. leaking fittings or penetrations;
k. hidden pipes, cables or tanks;
l. structural movement or flexing; and
m. undisclosed previous repairs or alterations.
15.6 If a condition is discovered that may make the proposed installation unsafe, unreliable or inappropriate, SoftDecks may stop work and discuss the available options with the Customer.
16. Water ingress and watertightness
16.1 Marine decking does not waterproof the Boat and must not be relied upon to prevent water ingress.
16.2 Unless expressly included in the quotation, SoftDecks does not inspect, test, repair or guarantee:
a. hatch seals;
b. window seals;
c. deck fittings;
d. through-deck penetrations;
e. drains or scuppers;
f. screw or bolt holes;
g. deck seams;
h. existing sealant;
i. transom fittings;
j. cable entries; or
k. any other potential route of water entry.
16.3 SoftDecks is not responsible for water ingress or resulting damage caused by:
a. a pre-existing leak or defect;
b. defective, aged or deteriorated sealant not installed by SoftDecks;
c. corrosion or cracking;
d. structural movement or failure;
e. blocked drains or poor drainage;
f. defective fittings;
g. work carried out by the Customer or a third party;
h. failure to maintain the Boat;
i. storm, flooding or abnormal environmental conditions;
j. movement of a fitting after installation; or
k. use of the Boat before adhesive or sealant has adequately cured.
16.4 If the quotation expressly includes removing and refitting a hatch, fitting or item of hardware, SoftDecks will carry out that work with reasonable care and skill.
16.5 Following removal or refitting work, the Customer must inspect and test the relevant area before:
a. prolonged exposure to weather;
b. launching the Boat;
c. operating the Boat;
d. leaving the Boat unattended; or
e. storing valuable or water-sensitive equipment below the affected area.
16.6 The Customer must notify SoftDecks promptly of any suspected leak and take reasonable steps to prevent additional damage.
16.7 Nothing in this section excludes responsibility for direct loss or damage to the extent that it was caused by SoftDecks’ negligence or failure to exercise reasonable care and skill.
17. Uneven, damaged or unsuitable surfaces
17.1 PrimaDek™ is a flexible material that generally follows the shape and condition of the surface beneath it.
17.2 Existing surface features may remain visible or may become reflected through the installed decking, including:
a. depressions;
b. ridges;
c. gaps;
d. panel joints;
e. old repairs;
f. fastener heads;
g. distortion;
h. surface waviness;
i. cracks; and
j. changes in height.
17.3 Unless expressly stated in the quotation, SoftDecks will not:
a. level;
b. fill;
c. fair;
d. rebuild;
e. laminate;
f. structurally correct; or
g. otherwise reshape an uneven surface.
17.4 Surface preparation is limited to the work reasonably required for the quoted installation.
17.5 SoftDecks does not guarantee that flexible decking will conceal an irregular, damaged or poorly repaired substrate.
17.6 If the Customer requires levelling, filling or remedial substrate work, it must be expressly identified and priced in the quotation or a written variation.
18. Surface contamination and adhesion
18.1 The following may interfere with adhesion:
a. wax;
b. silicone;
c. polish;
d. fuel;
e. oil;
f. hydraulic fluid;
g. sunscreen;
h. cleaning chemicals;
i. absorbed contamination;
j. previous adhesive;
k. mould-release products;
l. paint additives; and
m. incompatible coatings or sealants.
18.2 Surface cleaning and adhesion testing reduce but cannot always eliminate the risk of hidden or deeply absorbed contamination.
18.3 SoftDecks is not responsible for adhesion failure caused by concealed contamination that could not reasonably have been identified before installation.
18.4 Where a concealed substrate defect or contamination causes failure, remedial work may be chargeable.
18.5 This does not apply where the adhesion failure was caused by:
a. defective SoftDecks workmanship;
b. unsuitable preparation carried out by SoftDecks; or
c. material that was defective when supplied.
19. Removal of existing flooring and adhesive
19.1 Removal of existing decking, carpet, vinyl, adhesive, sealant or coatings is included only where expressly stated in the quotation.
19.2 Removal work may expose:
a. damaged gelcoat;
b. damaged paint;
c. poor previous repairs;
d. loose coatings;
e. cracks;
f. corrosion;
g. rot;
h. staining;
i. discolouration; or
j. differences in the underlying surface.
19.3 SoftDecks will use reasonable care when carrying out removal work.
19.4 SoftDecks cannot guarantee that a defective, degraded or poorly bonded underlying coating will remain intact during reasonable removal or preparation.
19.5 SoftDecks is not responsible where an underlying coating or repair detaches because it was not adequately bonded to the Boat, except to the extent that the damage was caused by SoftDecks’ failure to use reasonable care.
19.6 Hazardous, unidentified or unusually difficult materials may require specialist treatment and an additional quotation.
20. Installation conditions
20.1 Successful installation depends on suitable:
a. temperature;
b. moisture levels;
c. weather;
d. ventilation;
e. surface condition;
f. access; and
g. curing conditions.
20.2 SoftDecks may delay or postpone installation where conditions could adversely affect:
a. safety;
b. adhesive performance;
c. sealant performance;
d. workmanship; or
e. the finished appearance.
20.3 SoftDecks will not be responsible for a reasonable weather-related postponement.
20.4 Where possible, a replacement attendance date will be arranged.
21. Attendance dates and delays
21.1 Attendance, manufacture and completion dates are estimates unless expressly confirmed as guaranteed in writing.
21.2 SoftDecks will make reasonable efforts to meet estimated dates.
21.3 SoftDecks is not responsible for reasonable delay caused by circumstances outside its control, including:
a. adverse weather;
b. unsafe working conditions;
c. marina or harbour restrictions;
d. supplier disruption;
e. transport disruption;
f. material shortages;
g. machinery breakdown;
h. illness or emergency;
i. inaccessible or unavailable Boats;
j. inaccurate information supplied by the Customer;
k. delayed third-party work; or
l. events affecting access to the site.
21.4 SoftDecks will notify the Customer of a material delay and rearrange the work as soon as reasonably practicable.
21.5 Where a delay outside SoftDecks’ reasonable control continues for more than 60 days, either party may terminate the unperformed part of the contract.
21.6 Following termination under clause 21.5, the Customer will receive a refund for unperformed work, subject to reasonable charges for:
a. bespoke goods;
b. materials already ordered;
c. design and measurement work;
d. completed preparation; and
e. other work already performed.
22. Price
22.1 The quotation will state:
a. the contract price;
b. any required deposit;
c. payment stages;
d. whether VAT is included;
e. whether travel is included;
f. whether delivery is included; and
g. any specific exclusions.
22.2 Unless expressly stated otherwise, additional work, travel, accommodation, marina fees, delivery and access costs are not included.
22.3 SoftDecks may revise the price where:
a. the Customer changes the scope or design;
b. the final inspection reveals additional work;
c. customer-supplied information was inaccurate;
d. the Boat is moved to a materially different location;
e. access arrangements materially change; or
f. the Customer requests work outside the quotation.
22.4 A price variation must be reasonable and, where practicable, agreed before the additional cost is incurred.
23. Deposits and staged payments
23.1 Deposits and staged payments allow SoftDecks to:
a. reserve production time;
b. schedule attendance;
c. purchase materials;
d. undertake measuring and templating;
e. prepare designs; and
f. begin bespoke manufacture.
23.2 A deposit is not automatically non-refundable in every circumstance.
23.3 Subject to statutory cancellation rights, SoftDecks may retain reasonable amounts covering:
a. work already completed;
b. measuring and templating;
c. design work;
d. materials ordered specifically for the Customer;
e. bespoke goods that have entered production;
f. unavoidable supplier charges;
g. travel already undertaken; and
h. other reasonable losses caused by cancellation.
23.4 Any retained amount will reflect SoftDecks’ actual or reasonably anticipated loss and will not be used as a disproportionate penalty.
24. Final payment
24.1 Unless the quotation states otherwise, the outstanding balance is due in cleared funds:
a. immediately following completion;
b. before supply-only goods are collected or dispatched; or
c. before the Boat is released, moved or returned to normal use.
24.2 SoftDecks may suspend manufacture, delivery or installation while an amount is overdue.
24.3 The Customer may not withhold payment for an amount that is not genuinely disputed.
24.4 A disputed amount must be identified promptly, together with:
a. the reason for the dispute;
b. the amount disputed;
c. supporting photographs or information; and
d. the remedy sought.
24.5 Undisputed amounts remain payable.
24.6 Business Customers may be charged statutory interest, compensation and reasonable debt-recovery costs where permitted by law.
25. Ownership and risk
25.1 To the extent permitted by law, ownership of goods remains with SoftDecks until all sums due under the relevant contract have been paid in cleared funds.
25.2 Risk of accidental loss or damage passes to the Customer when:
a. goods are delivered into the Customer’s physical possession;
b. goods are collected by the Customer;
c. goods are collected by a carrier appointed by the Customer; or
d. installation is completed and the goods are left in the Customer’s possession.
25.3 Where SoftDecks retains goods pending installation because payment is overdue or the Customer has delayed installation, risk will remain allocated in accordance with applicable law and the circumstances of possession.
25.4 Retention of ownership does not give SoftDecks an automatic right to:
a. enter the Boat;
b. enter private premises;
c. damage the Boat;
d. remove installed goods; or
e. interfere with third-party property,
without consent or lawful authority.
25.5 SoftDecks may recover unpaid sums through lawful debt-recovery or court procedures.
26. Distance, online and off-premises contracts
26.1 Consumer cancellation rights may apply where a contract is made:
a. online;
b. by telephone;
c. by email;
d. away from SoftDecks’ normal business premises; or
e. during a visit to the Customer’s home, Boat or marina.
26.2 Where the law provides a cancellation period, SoftDecks will provide the required cancellation information.
26.3 A Consumer may normally cancel an eligible distance or off-premises contract during the applicable statutory cancellation period.
26.4 Some contracts or goods may be exempt from change-of-mind cancellation rights, including goods genuinely made to the Consumer’s specification or clearly personalised.
26.5 Nothing in this section affects rights relating to faulty, misdescribed or non-conforming goods or services.
27. Bespoke and personalised goods
27.1 Most SoftDecks decking is:
a. measured for a particular Boat;
b. cut to a particular shape;
c. engraved to an approved design;
d. machined to specific dimensions;
e. personalised; or
f. otherwise made specifically for an individual Customer.
27.2 Once bespoke manufacture has begun, the Customer may not have a statutory change-of-mind right to cancel the bespoke goods.
27.3 Bespoke manufacture may be treated as having begun when SoftDecks has:
a. cut raw material;
b. engraved or routed material;
c. applied custom markings;
d. manufactured a unique pad;
e. committed material specifically to the Customer’s design; or
f. placed a non-cancellable order for unique material.
27.4 This does not affect the Customer’s rights where goods are:
a. faulty;
b. incorrectly manufactured;
c. not as described; or
d. not in accordance with the agreed specification.
28. Early commencement of services
28.1 A Consumer may request that measuring, templating, design, preparation, removal or installation services begin during an applicable statutory cancellation period.
28.2 Where the Consumer makes such a request and later cancels, the Consumer may be required to pay a proportionate amount for services supplied before cancellation.
28.3 Where a service has been fully performed during the cancellation period, the Consumer may lose the right to cancel that completed service where:
a. the Consumer expressly requested early performance; and
b. the Consumer acknowledged the effect on the right to cancel.
28.4 SoftDecks may require the Customer to complete the acknowledgements at the end of these Terms before early work begins.
29. Customer-requested cancellation
29.1 A cancellation must be communicated clearly by:
a. email;
b. post;
c. text message;
d. WhatsApp; or
e. another durable written method.
29.2 Where no statutory cancellation right applies, cancellation will be subject to:
a. SoftDecks’ agreement;
b. payment for work already completed;
c. payment for bespoke goods already manufactured or committed;
d. reasonable unavoidable supplier charges; and
e. reasonable losses directly caused by the cancellation.
29.3 SoftDecks will take reasonable steps to reduce avoidable cancellation losses.
29.4 Standard unused materials that can reasonably be used for another customer will not automatically be charged in full.
30. Customer-caused postponement and rebooking
30.1 The Customer must give reasonable notice if an agreed attendance date must be postponed.
30.2 SoftDecks may charge reasonable rebooking costs where an attendance cannot proceed because:
a. the Boat is unavailable;
b. the Boat has been moved without notice;
c. access has not been arranged;
d. the marina refuses access;
e. required third-party work is incomplete;
f. the Boat is unsafe;
g. the working area has not been cleared;
h. the Customer fails to attend where attendance is required; or
i. another matter within the Customer’s control prevents the work.
30.3 Rebooking costs may include:
a. wasted travel;
b. ferry or accommodation costs;
c. marina charges;
d. lost labour time;
e. handling costs; and
f. additional delivery costs.
30.4 SoftDecks will take reasonable steps to mitigate such costs.
31. Storage and delayed installation
31.1 Where bespoke decking is ready but cannot be installed because of:
a. non-payment;
b. lack of access;
c. movement or unavailability of the Boat;
d. incomplete third-party work;
e. unsuitable conditions within the Customer’s control; or
f. another act or omission by the Customer,
SoftDecks may place the goods into storage.
31.2 SoftDecks will take reasonable care of goods while they remain in its possession.
31.3 After giving reasonable written notice, SoftDecks may charge reasonable:
a. storage fees;
b. handling fees;
c. rebooking costs;
d. additional transport costs; and
e. costs of maintaining or repackaging the goods.
31.4 Adhesive backing and other components may have a limited storage life or may deteriorate through prolonged storage.
31.5 The Customer will be responsible for deterioration or adhesive degradation only to the extent that:
a. installation was unreasonably delayed by the Customer;
b. SoftDecks warned the Customer of the relevant risk;
c. SoftDecks stored the goods with reasonable care; and
d. the deterioration was not caused or contributed to by SoftDecks’ negligence.
31.6 If prolonged Customer-caused storage makes the original adhesive unsuitable, the reasonable cost of:
a. replacement adhesive;
b. removal of degraded adhesive;
c. reprocessing;
d. replacement backing; or
e. remanufacture,
may be charged to the Customer.
31.7 SoftDecks will not exclude responsibility for deterioration caused by its own unreasonable storage practices.
32. Completion and handover
32.1 The Customer should inspect the completed work as soon as reasonably practicable.
32.2 Any visible concern should be:
a. recorded at handover; or
b. notified promptly with clear photographs.
32.3 Failure to identify a hidden defect at handover does not remove a Consumer’s statutory rights.
32.4 Unless otherwise agreed, work will be treated as substantially complete when:
a. the quoted work has been completed;
b. the Boat can reasonably be returned to the Customer; and
c. only minor snagging work remains that does not materially prevent normal use.
32.5 SoftDecks must be given a reasonable opportunity to inspect an alleged defect.
32.6 Where appropriate, SoftDecks must be given a reasonable opportunity to remedy its own work before another contractor is engaged.
32.7 Clause 32.6 does not apply where:
a. urgent action is required to prevent injury;
b. urgent action is required to prevent material additional damage;
c. it would be unreasonable to allow SoftDecks another opportunity; or
d. SoftDecks fails to respond or act within a reasonable time.
33. Adhesive and sealant curing
33.1 The Customer must comply with any curing instructions given by SoftDecks.
33.2 During the advised curing period, the Customer must not:
a. wash the decking;
b. expose it to avoidable standing water;
c. lift or disturb pads;
d. place excessive weight on uncured edges;
e. subject it to fuel, oil or chemicals;
f. pressure wash it;
g. move fittings that affect the installation; or
h. use the Boat contrary to SoftDecks’ instructions.
33.3 Curing time may vary according to:
a. temperature;
b. humidity;
c. surface condition;
d. adhesive type;
e. ventilation; and
f. exposure to water.
33.4 Damage or adhesion failure caused by premature use or failure to follow curing instructions is not covered by the voluntary warranty.
34. Care and maintenance
34.1 To maximise the life of the decking, the Customer should clean it regularly with:
a. mild soap;
b. clean water;
c. a soft cloth; or
d. a suitable soft brush.
34.2 Spillages and contamination should be removed as soon as reasonably possible.
34.3 Unless expressly approved by SoftDecks, the Customer must not use:
a. acetone;
b. aggressive solvents;
c. strong bleach;
d. strong acidic or alkaline cleaners;
e. abrasive pads;
f. wire brushes;
g. steam cleaners;
h. close-range high-pressure washing;
i. unapproved stain removers;
j. fuel or aggressive degreasers; or
k. sharp scraping tools.
34.4 Pressure washing, where permitted by the applicable care instructions, must be carried out using a suitable pressure, distance and nozzle.
34.5 The Customer must inspect edges periodically and report any lifting before water, dirt or contaminants enter beneath the pad.
35. Spills, stains and accidental damage
35.1 PrimaDek™ may be damaged or permanently stained by substances including:
a. petrol;
b. diesel;
c. engine oil;
d. hydraulic fluid;
e. battery chemicals;
f. paint;
g. solvents;
h. dyes;
i. rust;
j. sunscreen;
k. insect repellent;
l. fish blood or residue;
m. food and drink; and
n. cleaning chemicals.
35.2 Spills must be removed promptly using an appropriate cleaning method.
35.3 SoftDecks is not responsible for staining, softening, swelling, discolouration or adhesive damage caused by a spill or contaminant occurring after delivery or handover, unless the damage arose from a defect present when the goods were supplied.
35.4 The Customer must avoid exposing the decking to:
a. open flames;
b. welding or grinding sparks;
c. hot exhaust components;
d. hot cooking equipment;
e. portable heaters;
f. cigarettes; and
g. other sources of excessive heat.
35.5 Dragging or dropping anchors, fuel tanks, batteries, cool boxes, furniture, machinery, sharp tools or other heavy items may cut, dent or permanently mark the decking.
35.6 Accidental damage, spills, misuse and physical damage are not manufacturing or installation defects.
36. Three-year PrimaDek™ product and SoftDecks workmanship warranty
36.1 In addition to statutory rights, SoftDecks provides an eligible Customer with a voluntary three-year limited product and workmanship warranty.
36.2 The warranty begins on:
a. the installation-completion date for decking installed by SoftDecks; or
b. the delivery or collection date for supply-only goods.
36.3 The warranty is provided to the original purchaser.
36.4 The voluntary warranty is non-transferable unless SoftDecks expressly agrees otherwise in writing.
36.5 Sale or transfer of the Boat does not automatically transfer the voluntary warranty.
36.6 The warranty does not replace or restrict statutory rights.
37. Product-warranty coverage
37.1 Subject to the exclusions below, the product element of the warranty covers:
a. manufacturing defects in the PrimaDek™ material;
b. material delamination not caused by external damage or misuse;
c. material deterioration materially inconsistent with normal marine use;
d. excessive UV-related colour deterioration beyond reasonable weathering; and
e. other material defects accepted by SoftDecks or the applicable manufacturer.
37.2 Reasonable ageing, gradual weathering and minor colour change are not manufacturing defects.
37.3 Any separate manufacturer’s guarantee is additional to the Customer’s contractual rights against SoftDecks.
37.4 Where the manufacturer requires information or inspection, the Customer must reasonably cooperate with the claim process.
38. SoftDecks workmanship-warranty coverage
38.1 Subject to these Terms, SoftDecks warrants for three years that installation work carried out by SoftDecks will be performed with reasonable care and skill.
38.2 The workmanship element may cover:
a. lifting caused by inadequate preparation carried out by SoftDecks;
b. adhesion failure caused by defective SoftDecks installation;
c. incorrect installation positioning materially inconsistent with the approved design;
d. material machining materially inconsistent with the approved specification; and
e. another installation defect accepted by SoftDecks.
38.3 The workmanship warranty applies only to areas installed by:
a. SoftDecks; or
b. an installer expressly identified in the quotation as performing the work on SoftDecks’ behalf.
38.4 It does not apply to installation carried out independently by:
a. the Customer;
b. a boatyard;
c. a dealer;
d. a territory partner contracting in its own name; or
e. another third party,
unless SoftDecks expressly assumed responsibility for that installation in writing.
39. Warranty exclusions
39.1 The voluntary warranty does not cover an issue to the extent that it was caused by:
a. normal wear and tear;
b. scratching, scuffing, denting, cutting or crushing;
c. impact or accidental damage;
d. anchors, furniture, machinery or equipment;
e. animals or birds;
f. spills or staining;
g. petrol, diesel, oil or hydraulic fluid;
h. chemicals, solvents or paint;
i. excessive heat, flame or sparks;
j. pressure washing or unsuitable cleaning;
k. failure to follow care instructions;
l. failure to follow curing instructions;
m. Customer or third-party alteration;
n. lifting, removal, repair or reinstallation by another person;
o. movement, flexing or failure of the underlying surface;
p. defective paint, gelcoat or coatings;
q. defective previous repairs;
r. moisture or concealed contamination;
s. a pre-existing or concealed substrate defect;
t. water ingress not caused by SoftDecks;
u. blocked drainage;
v. standing contaminants;
w. storm, flooding, fire, theft or vandalism;
x. reasonable weathering or gradual colour change;
y. reasonable variation between material batches;
z. changes in tooling or manufacturing methods;
aa. use outside the agreed purpose;
ab. prolonged storage or delayed installation caused by the Customer, subject to clause 31;
ac. failure to report an issue after it became reasonably apparent; or
ad. failure to take reasonable steps to prevent further damage.
39.2 Removal and reinstallation by another person ends the voluntary workmanship warranty for the affected area.
39.3 Clause 39.2 does not remove statutory rights relating to an original defect.
39.4 The standard voluntary warranty is intended for normal private recreational marine use.
39.5 Commercial, charter, rental, training, military, emergency-service or other intensive use is covered by the voluntary warranty only where expressly confirmed in the quotation.
39.6 Exclusion from the voluntary warranty does not automatically determine whether the Customer has separate statutory or contractual rights.
40. Supply-only and DIY installation
40.1 Where SoftDecks supplies decking without installing it, the SoftDecks installation-workmanship warranty does not apply.
40.2 The product-warranty element may continue to apply to defects in the supplied material.
40.3 Where the Customer supplies measurements or templates, the Customer is responsible for:
a. accuracy;
b. orientation;
c. scale;
d. fit;
e. layout; and
f. suitability for the intended surface.
40.4 Before removing any adhesive backing or applying adhesive, the Customer must:
a. dry-fit every pad;
b. check the orientation;
c. verify the position;
d. confirm spacing;
e. confirm fitting clearance; and
f. stop and contact SoftDecks if anything appears incorrect.
40.5 Once a pad has been adhered, SoftDecks is not responsible for incorrect positioning by the Customer or third-party installer.
40.6 The installer must follow all installation instructions concerning:
a. surface preparation;
b. temperature;
c. moisture;
d. contamination;
e. alignment;
f. pressure; and
g. curing.
40.7 SoftDecks is not responsible for installation failure caused by:
a. inaccurate customer measurements;
b. incorrect positioning;
c. an unsuitable or contaminated substrate;
d. insufficient preparation;
e. installation outside recommended conditions;
f. insufficient application pressure;
g. premature use;
h. water exposure during curing;
i. unapproved adhesive; or
j. unapproved cleaning products.
40.8 Nothing in this section affects rights where the goods themselves were defective or were not manufactured in accordance with the agreed specification.
41. Making a warranty or guarantee claim
41.1 To make a claim, contact SoftDecks using the following details:
Email: customerservice@softdecks.com
Postal address: Softdecks, Ustore, 15A Carrakeel Drive, Maydown BT480AL
41.2 The Customer should provide:
a. their full name;
b. contact details;
c. proof of purchase;
d. quotation or invoice number;
e. Boat name or identification;
f. the current location of the Boat;
g. a detailed description of the issue;
h. clear photographs or video;
i. the date the issue was first observed;
j. details of any spill, accident or unusual event;
k. details of cleaning products used;
l. details of repair attempts; and
m. any other reasonably relevant information.
41.3 The Customer must provide reasonable access to inspect the affected area.
41.4 The Customer should not undertake or authorise non-emergency repairs before SoftDecks has had a reasonable opportunity to inspect.
41.5 The Customer may take reasonable emergency action to:
a. prevent personal injury;
b. protect the Boat; or
c. prevent material additional damage.
41.6 Where emergency action is taken, the Customer should retain:
a. photographs;
b. removed material;
c. receipts;
d. contractor reports; and
e. records of the circumstances.
41.7 Failure to notify SoftDecks immediately does not automatically invalidate a claim.
41.8 SoftDecks will not be responsible for additional damage that could reasonably have been prevented by prompt notification and reasonable mitigation.
42. Inspection and assessment of claims
42.1 SoftDecks may assess a claim using:
a. photographs;
b. video;
c. customer records;
d. product samples;
e. an on-site inspection;
f. removal of an affected pad; or
g. information from the manufacturer or supplier.
42.2 An initial opinion based on photographs is provisional and may change following physical inspection.
42.3 The existence of a raised edge, stain, mark, gap or other visible condition does not, by itself, establish the cause.
42.4 SoftDecks may consider:
a. the location and pattern of the issue;
b. the condition of the substrate;
c. signs of contamination;
d. signs of impact or interference;
e. cleaning and maintenance history;
f. the age of the installation;
g. environmental exposure; and
h. whether reasonable care instructions were followed.
42.5 The Customer must provide accurate information about any repair, cleaning or alteration attempted before inspection.
43. Warranty remedies
43.1 Where a claim is accepted under the voluntary warranty, SoftDecks may provide one or more of the following appropriate remedies:
a. local repair;
b. re-adhesion;
c. replacement of an affected pad;
d. replacement of an affected panel;
e. other remedial work;
f. a proportionate price reduction; or
g. a refund where repair or replacement is not reasonable.
43.2 The appropriate remedy will take account of:
a. the nature of the defect;
b. the cause;
c. the extent of the affected area;
d. the age and condition of the installation;
e. the availability of matching material;
f. proportionality; and
g. applicable statutory rights.
43.3 SoftDecks is not required under the voluntary warranty to replace unaffected pads solely to achieve an exact colour match with new material.
43.4 Where a defect was caused by defective SoftDecks workmanship or defective goods, SoftDecks will bear the repair, replacement and other necessary costs that it is legally or contractually required to bear.
43.5 Where a pad is supplied:
a. voluntarily;
b. as goodwill;
c. because of accidental damage;
d. because of a matter outside the warranty; or
e. without acceptance of liability,
the pad may be supplied on a material-only basis.
43.6 In a material-only replacement under clause 43.5, travel, removal, preparation, fitting and associated expenses will be charged separately unless expressly confirmed otherwise.
43.7 A goodwill repair or replacement:
a. is not an admission of liability;
b. does not establish that the original work was defective; and
c. does not automatically extend the warranty to another area.
43.8 A repaired or replaced area will remain covered for:
a. the remainder of the original warranty period; or
b. 12 months from completion of the remedial work,
whichever is longer.
44. Location and access for remedial work
44.1 Where remedial work is accepted, the Customer must make the Boat reasonably available.
44.2 Unless otherwise agreed, remedial attendance will normally take place:
a. at the original installation location; or
b. at another reasonably accessible location agreed by SoftDecks.
44.3 If the Boat has been moved a substantial distance from the original installation area, additional travel, ferry, accommodation, marina or transport costs may apply to the extent permitted by law.
44.4 Any additional cost will be discussed before attendance.
44.5 Clause 44.3 does not permit SoftDecks to charge a Consumer a necessary remedial cost that SoftDecks is legally required to bear.
45. Liability to Consumers
45.1 Nothing in these Terms excludes or restricts liability for:
a. death or personal injury caused by negligence;
b. fraud or fraudulent misrepresentation;
c. defective products where liability cannot legally be excluded;
d. breach of statutory consumer rights; or
e. any other liability that cannot legally be excluded or restricted.
45.2 Where the Customer is a Consumer, SoftDecks is responsible for reasonably foreseeable loss or damage caused by:
a. SoftDecks’ breach of contract;
b. defective goods supplied by SoftDecks; or
c. SoftDecks’ failure to exercise reasonable care and skill.
45.3 Loss or damage is reasonably foreseeable where it was an obvious consequence of the breach or was contemplated by both parties when the contract was formed.
45.4 SoftDecks is not responsible for loss or damage to the extent that it was caused or increased by:
a. a pre-existing or concealed defect;
b. inaccurate or incomplete information supplied by the Customer;
c. failure to follow reasonable instructions;
d. Customer or third-party interference;
e. failure to maintain or secure the Boat;
f. continued use after a defect became apparent;
g. failure to take reasonable steps to limit further loss; or
h. an event outside SoftDecks’ reasonable control.
45.5 Where the Customer entered into the contract wholly or mainly as a Consumer, SoftDecks will not be responsible for losses relating solely to:
a. business use;
b. commercial interruption;
c. charter income;
d. loss of profit; or
e. loss of business opportunity,
that were not reasonably contemplated as part of the consumer contract.
46. Liability to Business Customers
46.1 This section applies only to Business Customers.
46.2 Nothing excludes liability for:
a. death or personal injury caused by negligence;
b. fraud or fraudulent misrepresentation; or
c. another liability that cannot legally be excluded.
46.3 Subject to clause 46.2, SoftDecks will not be liable for:
a. loss of profit;
b. loss of revenue;
c. loss of business;
d. loss of anticipated savings;
e. loss of charter or hire income;
f. loss of contract;
g. loss of opportunity;
h. loss of goodwill;
i. business interruption; or
j. indirect or consequential loss.
46.4 SoftDecks will not be liable to a Business Customer for loss arising from:
a. an undisclosed defect;
b. inaccurate information supplied by the Customer;
c. Customer or third-party interference;
d. failure to maintain the Boat;
e. unsuitable commercial use; or
f. failure to mitigate loss.
46.5 Subject to clause 46.2, SoftDecks’ aggregate liability to a Business Customer arising from a particular contract will not exceed:
[insert the agreed liability cap after checking this against SoftDecks’ insurance cover and obtaining professional advice].
46.6 Nothing in this section limits the Business Customer’s obligation to pay the agreed contract price.
47. Subcontractors, trade partners and territory partners
47.1 SoftDecks may use suitably skilled:
a. employees;
b. subcontractors;
c. trade partners; or
d. authorised installers,
to perform part of the work.
47.2 Where the Customer’s contract is with SoftDecks, SoftDecks remains responsible for performing that contract in accordance with its terms.
47.3 Where an independent installer or partner contracts directly with the Customer:
a. the identity of that business should be stated in the quotation;
b. that business will be responsible for its own installation services; and
c. the Customer’s contract for those services will be with that business.
47.4 A manufacturer’s product warranty may still apply separately where stated.
48. Photographs and records
48.1 SoftDecks may take and retain photographs, measurements, drawings and records for:
a. estimating;
b. design;
c. manufacturing;
d. installation records;
e. quality control;
f. training;
g. complaint assessment;
h. warranty assessment;
i. insurance; and
j. legal records.
48.2 SoftDecks will not publish identifiable photographs of the Customer or Boat for advertising or social-media purposes without:
a. permission;
b. another appropriate lawful basis; or
c. removing identifying information where appropriate.
48.3 Personal information will be handled in accordance with SoftDecks’ Privacy Policy and applicable data-protection law.
49. Complaints
49.1 Complaints should be submitted to:
49.2 The complaint should include:
a. the Customer’s name;
b. invoice or quotation number;
c. Boat details;
d. a clear description of the issue;
e. photographs; and
f. the preferred resolution.
49.3 SoftDecks will acknowledge and investigate complaints within a reasonable time.
49.4 SoftDecks may request further information or access to inspect the Boat.
49.5 If a Consumer complaint remains unresolved after SoftDecks’ internal complaints process, SoftDecks will provide information about any appropriate certified alternative dispute-resolution provider that it is required to identify and will state whether it agrees to use that process.
50. Communications and variations
50.1 Contractual communications may be sent by:
a. email;
b. post;
c. text message;
d. WhatsApp; or
e. another method agreed between the parties.
50.2 The Customer must notify SoftDecks of any change to:
a. contact information;
b. Boat location;
c. access arrangements;
d. ownership; or
e. relevant condition of the Boat.
50.3 A variation affecting the price, design, specification or scope should be recorded in writing.
51. Events outside reasonable control
51.1 Neither party will be responsible for delay or failure caused by an event genuinely outside its reasonable control.
51.2 This does not excuse payment for goods or services already supplied.
51.3 The affected party must:
a. notify the other party;
b. take reasonable steps to reduce the effect; and
c. resume performance when reasonably possible.
52. Assignment and transfer
52.1 The Customer may not transfer the contract to another person without SoftDecks’ written agreement.
52.2 SoftDecks may transfer or subcontract its obligations where this does not reduce the Customer’s contractual or statutory rights.
52.3 The voluntary warranty is non-transferable unless SoftDecks confirms a transfer in writing.
53. Severability
53.1 If any provision is found to be invalid, unlawful or unenforceable, the remaining provisions will continue to apply.
53.2 An invalid consumer term will not be interpreted or replaced in a way that deprives the Consumer of mandatory legal protection.
54. No waiver
54.1 A delay or failure to enforce a right does not waive that right.
54.2 A waiver relating to one event does not waive rights relating to another event.
55. Third-party rights
55.1 Unless expressly stated otherwise, a person who is not a party to the contract has no right to enforce it, except where applicable law provides otherwise.
56. Governing law and jurisdiction
56.1 These Terms and the contract are governed by the law of Northern Ireland.
56.2 Where the Customer is a Consumer, this does not deprive the Customer of mandatory legal protections available under the law applicable where the Customer lives.
56.3 A Consumer may bring proceedings in any court that has jurisdiction under applicable consumer law.
56.4 Business Customers submit to the exclusive jurisdiction of the courts of Northern Ireland unless otherwise agreed in writing.
57. Statutory rights
57.1 SoftDecks’ voluntary guarantees are additional to statutory rights.
57.2 Nothing in these Terms replaces or restricts a Consumer’s right to receive:
a. goods of satisfactory quality;
b. goods fit for an agreed purpose;
c. goods that match their description;
d. services performed with reasonable care and skill; and
e. the remedies provided by applicable consumer law.
57.3 Where any provision conflicts with a mandatory statutory right, the statutory right takes priority.
Acceptance of quotation and Terms
By paying a deposit, paying any other amount requested under a quotation, confirming acceptance in writing or instructing SoftDecks to begin measuring, templating, designing, manufacturing, preparation or installation, the Customer:
a. accepts the applicable quotation;
b. confirms that the Customer has been provided with, or given a reasonable opportunity to access and review, these Terms and Conditions before entering into the contract;
c. agrees that these Terms and Conditions form part of the contract;
d. confirms that the quotation, specification, colours and design details have been checked;
e. confirms that the Customer has authority to commission the work; and
f. agrees to pay the quoted price together with any properly agreed variations.
The version of these Terms applying to the contract will be the version identified in, linked from or published at the website address shown on the quotation when the quotation is accepted.
SoftDecks may update its Terms and Conditions from time to time. A later update will not retrospectively alter an existing contract unless the Customer and SoftDecks expressly agree otherwise.
SoftDecks will retain, or be able to reproduce, a copy of the version applicable to each accepted quotation. A copy will be supplied to the Customer on request.