Terms and Conditions

01

Our agreement with you

1.1 Subject to the terms of this Agreement, Realms agrees to build and sell the Boat and the Purchaser agrees to purchase the Boat.

1.2 The "Specification" is agreed to mean the specification for the Boat, in addition to any agreed options, changes or amendments, and annexed to this Agreement.

1.3 The Specification, Purchase Price (including any Deposit), Delivery Cost, and any agreed changes or amendments to these terms or the Specification of the Boat and its Purchase Price, are annexed to this Agreement and will form part of the terms of this Agreement.

1.4 The Boat is a rigid-hull Sports Utility Tender. Unlike inflatable or tube-sponson tenders, the Boat is built with a rigid composite hull and does not incorporate any inflatable air tubes, sponsons, or associated air chambers or valves. All references in this Agreement to the Boat's hull, structure, finish, and warranty are to be read accordingly, and no term of this Agreement should be interpreted as implying the Boat has, or is warranted in respect of, any inflatable component.

02

Purchase price, payment and title

2.1 The Purchase Price is made up of a Deposit and scheduled build payments (the "Schedule of Payments"), or payment in full.

2.2 The Deposit is the sum payable to commence the build of the Boat and shall form part payment of the Purchase Price. The Purchase Price is the price of the base specification combined with the price of any agreed options, additions, changes or amendments, and VAT (where applicable), annexed to this Agreement.

2.3 Until the Deposit is paid and received in cleared funds at Realms' bank, the parties agree that this Agreement will not bind Realms in any way.

2.4 The Purchaser agrees to pay the Purchase Price and any Delivery Cost in full prior to delivery of the Boat.

2.5 The Purchase Price excludes insurance and transport of the Boat, which shall be invoiced to the Purchaser in addition to the Purchase Price and annexed to this Agreement.

2.6 The parties agree that the Schedule of Payments is annexed to this Agreement. The Schedule of Payments sets out the dates and amounts by which the Purchaser must pay for various stages of the build. Subject to the remainder of this Agreement, failure by the Purchaser to make payment may result in Default and cancellation of this Agreement by Realms.

2.7 Time for payment of any part of the Purchase Price shall be of the essence in this Agreement.

2.8 Any payment shall be deemed to have been made when Realms receives cleared funds at its bank.

2.9 Title in the Boat will pass to the Purchaser upon full payment of the Purchase Price to Realms. Realms will thereupon give the Purchaser all relevant documentation annexed to this Agreement, together with a receipted VAT invoice where applicable. The conclusion of the foregoing shall be deemed "Completion".

03

Modification and changes to the boat specification

3.1 Realms builds boats to meet each Purchaser's specification. The Purchaser is responsible for ensuring that the specification is correct and agreed in writing. The final Specification of the Boat must be provided to Realms within one calendar month of the date of signing this Agreement.

3.2 Where there is a delay in providing Realms with the final Specification, the parties agree that Realms may delay the delivery date relative to the length of that delay.

3.3 No modification or change to the Specification, Delivery Date or Purchase Price shall be binding on the parties unless and until it has been agreed and set out in writing by the parties or their authorised representatives and annexed to this Agreement.

3.4 Realms shall have the right to decline to make any modification or change to the Boat requested by the Purchaser after the signing of this Agreement.

3.5 If Realms agrees to make modifications or changes to the Boat that involve additional work, parts or services, Realms will provide the Purchaser with an estimate of any increase in the Purchase Price and the basis on which it is calculated. If the Purchaser agrees to the modification, the Purchaser shall pay Realms fifty per cent (50%) of the estimated price increase at the time the modification is agreed, with the balance of the actual final invoiced cost payable immediately prior to delivery of the Boat.

04

Specification and illustrations

4.1 The parties agree that if there is any inconsistency between an illustration or depiction of the Boat and the agreed Specification, the Specification shall prevail. If there is any inconsistency between the Specification and this Agreement, the terms of this Agreement shall prevail. Colours, hull finishes, and upholstery shown in configurator visualisations, renders and photography are representative only and may vary from the finished Boat.

05

Our rights to make changes to specification

5.1 The parties agree that Realms may make minor changes to the Boat without seeking the Purchaser's agreement in the following situations:

5.1.1 to reflect changes in relevant laws and regulatory requirements; and

5.1.2 to implement minor technical adjustments and improvements, for example to enhance the safety of the Boat, provided such changes will not affect the Purchaser's use of the Boat.

5.2 Where a change to the Specification causes delay in the build of the Boat, the relevant stage payment may be delayed relative to the length of any such delay. Realms will always consult the Purchaser where any delay is anticipated.

06

Warranties

6.1 Realms refers the Purchaser to the terms of the warranty specific to the Boat purchased. On all Realms tenders, Realms offers a warranty that exceeds the Purchaser's statutory rights, reflecting the quality of the Boat purchased.

6.2 The terms of all warranties on Realms boats are assignable by the Purchaser to any subsequent purchaser to the extent set out in the warranty terms.

6.3 In addition to clause 6.1, Realms warrants that on the Delivery Date the Boat will:

6.3.1 conform in all material respects with the agreed Specification annexed to this Agreement;

6.3.2 be of satisfactory quality (within the meaning of the Consumer Rights Act 2015) for a boat of the value and usage of the Boat specified; and

6.3.3 be fit for the purpose for which the Boat is supplied.

6.4 Realms shall not be liable for the Boat's failure to comply with the warranty set out in clause 6.1 if:

6.4.1 the Purchaser continues to use the Boat after the defect becomes apparent (unless by written agreement with Realms);

6.4.2 the defect arose because the Purchaser failed to follow Realms' oral or written instructions for the use and maintenance of the Boat (or, if there are no such instructions, good trade practice regarding the same);

6.4.3 the defect arose as a result of commercial use of the Boat;

6.4.4 the defect arose as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or use since the sale;

6.4.5 the Boat differs from its description as a result of changes made to ensure it complied with applicable statutory or regulatory requirements;

6.4.6 the Boat was used for racing under power since the sale;

6.4.7 the defect arose as a result of misuse of the Boat;

6.4.8 the defect or regulatory non-conformity arose directly as a result of the Purchaser's modification of the Boat, or the Purchaser's use of the Boat; or

6.4.9 the defect arose as a result of any breach of the terms set out in the warranty specific to the Boat.

07

Delivery

7.1 Realms shall make the Boat ready for delivery on the Delivery Date. "Delivery" has the same meaning whether the Boat is collected from Realms' premises or delivered to the Purchaser's chosen location.

7.2 The delivery date is an estimated date given in good faith. Realms shall use every reasonable endeavour to meet it, but it is not guaranteed. In particular, Realms shall not be responsible for delay in sea delivery or for other causes reasonably beyond its control.

7.3 Where delay occurs, Realms agrees to use its best endeavours to deliver the Boat on the date agreed by the parties and, in any event, within 30 days of that date.

7.4 Upon delivery of the Boat, Realms and the Purchaser will jointly sign a Certificate of Acceptance. From the moment of delivery, the Boat and all its gear and equipment shall be the responsibility and at the risk of the Purchaser, who will be immediately responsible for insuring it.

7.5 The Purchaser shall take delivery of the Boat immediately upon signing the Certificate of Acceptance. If the Purchaser fails to take delivery without good reason, then, in addition to any other rights Realms may have, Realms shall be entitled to require the Purchaser to pay reasonable berthing and/or storage charges together with any other expenses reasonably incurred by Realms, including insurance, maintenance and lifting of the Boat in or out of the water, until actual delivery takes place.

7.6 The Purchaser and Realms expressly agree that Realms shall not be responsible for investigating or otherwise ensuring that the Purchaser is competent and experienced in the proper control and navigation of the Boat.

08

Insurance

8.1 Realms shall keep the Boat insured for the Purchase Price from the date of this Agreement until the Delivery Date.

8.2 If the Boat sustains damage at any time before delivery, any monies received in respect of the insurance shall be applied by Realms in making good the damage in a reasonable and workmanlike manner, and the Delivery Date shall be extended by such period as is reasonably necessary to effect the repairs. The Purchaser shall not be entitled to reject the Boat on account of minor damage, or to make any claim in respect of any resultant depreciation. For the purpose of this Agreement, "Minor Damage" means damage which is not structural and which can be fully reinstated. Where damage is not Minor Damage, the Purchaser may be entitled to reject the Boat and receive a full refund of the Deposit and any other payments made towards the Boat, in line with, but not in excess of, the Purchaser's statutory rights under the Consumer Rights Act 2015. This Agreement will then terminate in all respects and the Purchaser shall have no further right to claim against Realms.

09

Default

9.1 If the Purchaser defaults in paying the Deposit or any part of the Purchase Price on the due date, Realms may serve written notice on the Purchaser requiring payment within seven (7) days. If the Purchaser fails to comply with that notice, Realms shall be free to re-sell the Boat by any means and any Deposit paid shall be forfeit to Realms. Realms may then claim from the Purchaser any loss on re-sale together with all associated reasonable costs and expenses, giving credit for the amount received by way of the forfeited Deposit.

9.2 Realms may end the Agreement if the Purchaser breaks it.

9.3 The Purchaser agrees to compensate Realms if the Purchaser breaks the Agreement. If Realms ends the Agreement, Realms will refund any money the Purchaser has paid in advance for products not yet provided, but Realms may deduct or charge the Purchaser as compensation for the net costs Realms will incur as a result of the Purchaser breaking the Agreement.

10

Termination for insolvency

10.1 Either party shall be entitled to terminate this Agreement by written notice if the other party becomes insolvent, or initiates or becomes subject to any formal insolvency procedure.

11

Copyright

11.1 Any copyright or similar protection in manuals, drawings, plans and specifications, including a Specification prepared by Realms or its employees or agents, shall at all times remain the property of Realms.

12

Notifying us

12.1 Should any issue arise under the terms of this Agreement or in connection with the build of the Purchaser's Boat, the Purchaser is asked to contact Realms by telephone, email, or post and seek acknowledgement.

12.2 The parties agree that acknowledgement of any complaint, claim or issue relating to these terms or the Boat shall not constitute any admission of liability on the part of Realms.

12.3 In some instances, the Purchaser's delay in notifying Realms of an issue may affect the rights and remedies available to the Purchaser, both under this Agreement and the Consumer Rights Act 2015. The Purchaser is encouraged to notify Realms of any issue promptly and without delay.

13

Changes and additions

13.1 This Agreement is subject to the variations and additions identified in writing by both parties and annexed to this Agreement.

14

Dispute resolution scheme

14.1 Disputes arising out of or in connection with this Agreement which cannot be resolved by negotiation may, with the written agreement of the parties, first be submitted to mediation under British Marine's ("BM") Dispute Resolution Scheme. Details of the scheme are available to current BM members on request from BM.

14.2 Where a dispute arises that requires the instruction of a YDSA (Yacht Designers and Surveyors Association) approved expert marine surveyor, the parties agree that the cost of jointly instructing such an expert shall be met equally by the parties in advance of that instruction.

14.3 Nothing in these terms shall prevent the Purchaser from making application to the courts of England, Scotland, Wales or Northern Ireland.

15

Consumer rights

15.1 Realms acts in the course of its trade and the Purchaser is a consumer, and this Agreement is a distance or off-premises contract, in both cases within the meaning of the Consumer Rights Act 2015.

15.2 In making this Agreement, the Purchaser confirms that they are acting as a consumer and not in the course of a trade or business (as defined by the Consumer Rights Act 2015 and other relevant law). Should the Purchaser not be acting as a consumer, this Agreement will nonetheless be binding upon Realms.

16

Rejection / rectification of faults and money back

16.1 The law offers consumers a number of remedies where goods are faulty or unfit for purpose. The following sets out, in summary, remedies that may be available to the Purchaser. The parties agree that the terms of this Agreement shall be understood to follow consumer rights law, specifically the Consumer Rights Act 2015. The following is intended as a summary only and does not confer rights over and above those offered by the Consumer Rights Act 2015.

16.2 If the Purchaser's Boat is not as described, fit for purpose, or of satisfactory quality during its expected lifespan, the Purchaser may be entitled to the following:

16.2.1 Up to 30 days following delivery: if the Boat is faulty, the Purchaser can get an immediate refund, subject to the fault being "significant" and the Purchaser affording Realms one chance to repair or rectify the fault. Consideration of the significance of the fault is a matter for Realms to decide.

16.2.2 Up to six months: if the Boat cannot be repaired or replaced, the Purchaser may be entitled to a full or partial refund.

16.2.3 Up to six years: if the Boat does not last a reasonable length of time, the Purchaser may be entitled to some money back.

17

Our responsibility for loss or damage

17.1 Realms is responsible to the Purchaser for foreseeable loss and damage caused by it. If Realms fails to comply with these terms, Realms is responsible for loss or damage the Purchaser suffers that is a foreseeable result of Realms breaking this Agreement, or failing to use reasonable care and skill, but Realms is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen, or if, at the time this Agreement was made, both Realms and the Purchaser knew it might happen — for example, if the Purchaser discussed it with Realms during the sales process.

17.2 Realms does not exclude or limit in any way its liability to the Purchaser where it would be unlawful to do so. This includes liability for death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and for breach of the Purchaser's legal rights in relation to the products.

17.3 Realms is not liable for business losses. Realms only supplies the Boat for domestic leisure and private use. If the Purchaser uses the Boat for any commercial, business or re-sale purpose, Realms will have no liability for any loss of profit, loss of business, business interruption, or loss of business opportunity.

18

Other important terms

18.1 Realms may transfer this Agreement to someone else. Realms may transfer its rights and obligations under these terms to another organisation. Realms will contact the Purchaser to let them know if Realms plans to do this. If the Purchaser is unhappy with the transfer, the Purchaser may contact Realms to end the Agreement within 14 days of Realms telling them about it, and Realms will refund any payments made in advance for products not provided.

18.2 The Purchaser needs Realms' consent to transfer their rights to someone else, except that the Purchaser may always transfer the Boat's warranty upon sale of the Boat to a third party. The Purchaser may only transfer rights or obligations under these terms to another person if Realms agrees to this in writing. Realms may require the person to whom a warranty is transferred to provide reasonable evidence that they are now the owner of the Boat.

18.3 Nobody else has any rights under this Agreement, except that the Purchaser may always transfer the Boat's warranty upon sale of the Boat to a third party. This Agreement is between Realms and the Purchaser. No other person shall have any right to enforce any of its terms. Neither party will need the agreement of any other person to end the Agreement or make any changes to these terms.

18.4 In unforeseeable circumstances beyond Realms' control, such as, but not limited to, flood, fire, war, unavoidable accident, hurricane or act of God, Realms may delay, suspend or terminate this Agreement.

18.5 If a court finds part of this Agreement illegal, the rest will continue in force. Each paragraph of these terms operates separately. If any court or relevant authority decides that any of them is unlawful, the remaining paragraphs will remain in full force and effect.

18.6 Even if Realms delays in enforcing this Agreement, Realms can still enforce it later. If Realms does not immediately insist that the Purchaser do anything required under these terms, or delays in taking steps against the Purchaser in respect of a breach, that will not mean the Purchaser no longer has to do those things, and will not prevent Realms taking steps against the Purchaser at a later date. For example, if a payment is missed and Realms does not chase the Purchaser but continues to provide the products, Realms can still require the Purchaser to make the payment at a later date.

18.7 These terms are governed by English law, and the Purchaser can bring legal proceedings in respect of the products in the courts of England, Scotland, Wales or Northern Ireland.

19

Contacting us

19.1 The Purchaser may contact Realms by telephone, email or in writing to raise any issue arising in the build of the Boat or under the terms of this Agreement.

19.2 It is important that, in the event of any issue arising, the Purchaser contacts Realms promptly so the matter may be addressed. Subject to the foregoing terms, delay in notifying Realms of any matter may affect the Purchaser's rights.

19.3 The parties agree that "writing" includes email. When Realms uses the words "writing" or "written" in these terms, this includes emails and letters.