Terms of Business
1. General
(i) All goods are supplied to the Buyer on the following terms which shall prevail over any terms or conditions stipulated by the Buyer whether or not the same are expressed to override these terms and no person in the employment of, or acting as agent of the Company, has authority to accept orders or to vary these terms in any way whatsoever.
(ii) These terms shall be construed in accordance with English Law and the parties submit to the jurisdiction of the English courts.
2. Carriage, Packing and Insurance
(i) Carriage, packing and insurance are chargeable as extra on all despatches.
(ii) (UK. Mainland). Normal delivery is by inland letter or parcel post and is charged as set out in the Company's price list operative at date of despatch. Charges for other methods of despatch will be as quoted.
(iii) (Exports). Goods will be despatched by the route requested by the customer and carriage, packing and insurance will be charged at cost or as quoted.
(iv) (UK. Offshore - I.O.M., Channel Islands, N Ireland and Eire). As exports above with all charges forward.
3. Delivery and Performance
(i) Any delivery date quoted is intended as an estimate only and is given in good faith and is not guaranteed but delivery shall be within a reasonable time of any date so specified.
(ii) Events beyond the control of the company including but not limited to strikes, lock-outs, trade disputes, government or local authority intervention and events of 'force majeure' shall be admissible when effecting delaying or preventing delivery.
(iii) The Company shall not be liable for any loss or damage whether arising directly or indirectly out of delay in delivery.
(iv) Reasonable part-consignments and slight deviations, for example in respect of colour etc., shall be admissible.
(v) Where the Buyer has paid a deposit in respect of goods ordered and the goods are not delivered within a reasonable time of the date quoted the Buyer shall, on request, have the option of an alternative delivery date or refund of any deposit paid. Where a date for delivery has not been quoted, if the goods are not supplied within a reasonable time and thereafter an acceptable date for delivery is not offered when requested, the Buyer shall be entitled on request to a refund of any deposit paid.
4. Alterations and Cancellations
(i) Alterations by the Buyer to any orders accepted by the Company cannot be made without the Company's consent and any additional costs incurred in such alterations whether with or without the Company's consent shall be the liability of the Buyer.
(ii) The Company will not accept cancellations of any order for sails or other products specially made or modified to the requirements of the Buyer unless payment up to the full price of the goods is made by the Buyer.
5. Claims
(i) The Company accepts no liability for loss or damage in transit unless the Company receives notification in writing as follows:
UK and Eire
(a) in respect of short or incorrect delivery or damage to goods in transit within 3 days of receipt of goods.
(b) In respect of non-delivery - within 14 days of receipt of invoice or making full payment for the goods.
Exports
(a) in respect of short or incorrect delivery or damage to goods in transit - within 10 days of receipt of goods.
(b) In respect of non-delivery within 21 days of receipt of invoice or making full payment for the goods.
(i) The Company's liability in respect of any claim shall be limited to replacement or repair of the items
lost or damaged.
(ii) The Company's liability under any claim for damage shall cease if the Buyer, or any agent acting on the Buyers behalf, undertakes any work on the goods to rectify the damage without the previous consent of the Company.
6. Returns
(i) Goods may not be returned for credit unless incorrectly delivered.
(ii) Goods are not supplied on approval unless specifically agreed by the Company in writing.
7. Prices
(i) Goods will be invoiced at the ex-works prices ruling at the date of completion.
(ii) The Company reserves the right to alter any price or to alter any price lists and/or specifications at any time without prior notice.
8. Payment
(i) The Company's terms of payment are a deposit of 50% of the goods value on placing an order, with the balance to be paid in full on completion and final invoice. Goods must be paid in full prior to despatch or collection.
(ii) The Company may, at its discretion, extend credit facilities to selected trade customers subject to the following terms.
(a) Payment must be received within 30 days of date of invoice.
(b) Orders from customers whose accounts are overdue will not be despatched until payment is received for the overdue amount.
(c) The Company will normally cancel credit facilities and revert to normal terms 8.(i) above when accounts customers are overdue by 60 days or more.
(d) Overdue accounts are liable to be passed to a debt collection agency and this action will result in the automatic withdrawal of future credit facilities.
(e) At its discretion, the Company will charge interest at the rate of 2.5% per month on any overdue accounts from the due date.
(f) Nothing reserved herein shall prejudice other rights of the Company or be sufficient grounds for the cancellation of outstanding orders/contracts by the buyer.
9. Retention of Title of Property
(i)
(a) All goods which are the subject of any contract shall remain the sole and absolute property of the Company as legal and equitable owner until the Buyer has effected full payment to the Company for the goods and any other goods supplied by the Company to the Buyer.
(b) Risk in such goods shall pass to the Buyer on delivery and the Buyer acknowledges that he is in possession of the goods solely as bailee for the company until such time as the full price thereof is paid to the company.
(c) Until such time as the buyer becomes the owner of the goods he will store them separately from all other goods and in a manner which makes them readily identifiable as the goods of the company.
(d) The Company may, until property passes in accordance with the provision so this Clause repossess the goods, or part thereof, at the Buyer's expense and for this purpose may enter upon any premises where the goods are stored and in the event that payment has been made in part the Company may either repossess goods to the value of all monies owing or repossess all the goods and return any monies paid subject to a reduction by reason of any diminution in value of the goods at the date of their return.
(e) The buyer may sell goods the property of the Company in the ordinary course of its business as principal only and the proceeds of resale or a sum equal to the amount of such proceeds shall be kept in a separate bank accounts until such time as full payment for the goods has been made by the Company.
(ii) The Company reserves the right exercisable at its option by notice in writing to the Buyer to Waive the provisions of sub-clause A above at any time before payment has been made for the goods supplied by the Buyer and to declare that property in the goods shall have passed to the Buyer.
(iii) Notwithstanding that property in the goods shall not have passed to the Buyer the Company as well as pursuing any other remedies available to him under these conditions or otherwise however may sue for the monies due in respect of the goods supplied.
10. Warranty
(i) The goods supplied by the Company are warranted to be or merchantable quality. In the event of defects, which the Company is satisfied are due to faulty materials or workmanship the Company guarantees to replace or repair such goods free of charge, provided that written notice is received by the Company within three months of delivery of the goods.
(ii) The Company shall not be liable for any consequential loss, injury or damage beyond replacement of any faulty goods supplied unless arising out of or caused by the negligence of the Company or its employees.
(iii) Liability under any guarantee or warranty given by the Company shall be terminated if any repair, remedial or other work is undertaken on the goods by the Buyer or any third party without the written authority of the Company.
(iv) The Company shall not be liable under the above terms for any goods exchanged or replaced by any third party, Agent or trade customer, unless the Company has given its previous consent for such exchange or replacement.
(v) Nothing contained in these terms shall affect the statutory rights of the Buyer.