Referrals Terms & Conditions
Boatshed Refer a Boat Terms & Conditions
These Terms and Conditions shall apply between Boatshed and a Referrer whenever a boat is referred by a Referrer and/or which is Listed for Sale by Boatshed. The following words and expressions shall have the meanings given below:
“Boatshed” means Boatshed Inc or Boatshed Inc’s franchisee/licensed Broker to which/whom a Referral is passed by www.boatshed.com.
“Commission” means net sales commission paid to Boatshed by its client upon the successful sale of a boat at whatever commission rate or amount is agreed by Boatshed.
“Commission Panel” means the Managing Director of Boatshed Inc and Boatshed Inc’s legal adviser.
“Listed for Sale” means a boat that has been referred by a Referrer and which is listed for sale by Boatshed on its website or websites.
“Referral” means a Referrer passing to Boatshed details of the owner of a boat that is understood by the Referrer to be available for sale, including adequate contact details.
“Referral Commission” means Commission paid to a Referrer.
“Referred Person” means the individual whose personal contact details are provided to Boatshed by a Referrer through a Scheme.
“Referrer” means anyone who refers to Boatshed a boat that is Listed for Sale through a Scheme.
“Scheme” means a www.boatshed.com online scheme, form or arrangement approved and in use by Boatshed Inc, for the purpose of collecting personal information about boat owners with boats for sale and includes other websites operated by Boatshed Inc.
“Standard Boat Sales Commission” 8% in the UK (or 10% for all other non UK locations) of the sale price of the boat
- Where a boat is Listed for Sale within 2 months of receipt by Boatshed of a Referral by a Referrer through a Scheme, then within 21 days of the sale of that boat and receipt in full of Commission by Boatshed and upon presentation of a valid invoice by the Referrer, Boatshed shall pay to the referrer 20% of the broker’s Commission, provided that the Commission is not less than the Standard Boat Sales Commission.
- Where a boat is Listed for Sale as a result of a Referral, Boatshed shall inform the Referrer of the listing.
- Any income or other tax and/or national insurance, payable in respect of Referral Commission shall be paid by the Referrer and the Referrer shall hold Boatshed harmless in respect of any tax levied on it in respect of Referral Commission.
- The Referrer is not an agent of, or generally authorised by, Boatshed and shall not so hold himself/herself/itself out as so being.
- By submitting a Referral, the Referrer confirms that he/she/it has the permission of the Referred Person to provide to Boatshed the Referred Person’s details.
- In the event of a dispute whether Referral Commission is payable or not, either the Referrer or Boatshed may refer the dispute to the Commission Panel for determination. The decision of the Commission Panel shall be final and binding. The Commission Panel’s contact details are: firstname.lastname@example.org.
- Boatshed may or may not contact a Referred Person and a boat may or may not be Listed for Sale as Boatshed in its sole discretion sees fit and shall not be obliged to do so. Any boat subsequently Listed for Sale by Boatshed shall be on terms agreed between Boatshed and the Referred Person only.
- If Boatshed contacts a Referred Person it shall explain to that person how it got his/her/its details.
- The Referrer cannot make a Referral of a boat which is wholly or partially owned (directly or indirectly) by the Referrer or by the Referrer’s Spouse or Civil Partner.
- These terms and conditions are subject to English law and any dispute hereunder or in connection herewith shall be referred to a sole arbitrator in London, who shall be a suitably experienced lawyer, pursuant to the Arbitration Act 1996. If the parties cannot agree upon a sole arbitrator within 14 days, the sole arbitrator shall be selected by the President of British Marine Federation Ltd.
- Provided always that where the Referrer is a boatyard, marina or similar entity, it shall not overall receive more than 20% of the broker’s Commission regardless of any other payment arrangements between the Referrer and the broker.
Terms and Conditions Updated April 2022