1.1 Unless otherwise agreed in writing by Marineware Limited ("the Supplier') these Conditions (which supersede any earlier sets of conditions appearing in the Supplier's Catalogues or other sales literature) shall override any conditions the customer may wish to apply.
1.2 All orders written or verbal between the Supplier and Customer are accepted on the understanding that these terms and conditions shall apply to each and every transaction unless expressed otherwise in writing.
2.1 Unless expressed in the Supplier's quotation as a fixed price, all the Supplier's prices listed or displayed are subject to fluctuation and whilst every effort is made by the Supplier to maintain its list prices, the Supplier reserves the right to amend prices without notice.
2.2 All prices listed or displayed or quoted are expressed exclusive of Value Added Tax which will be added at the rate current at the date of invoice.
3. PAYMENT TERMS
3.1 Supplies to customers with a United Kingdom Registered Office are due for payment strictly thirty days following date of invoice unless agreed otherwise in writing.
3.2 Sales to non-resident Customers require payment in full by cash, letter of credit or bankers draft with order and delivery will not be made until payment is thus effected the Supplier reserves the right to withhold delivery pending payment in full unless expressly agreed otherwise in writing.
3.3 Applications by Customers for credit terms must be accompanied by two trade references and one banker’s reference.
3.4 The Supplier reserves the right to withhold further deliveries to a Customer in the event of the Customer's failure to observe strictly to payment terms.
3.5 The Supplier reserves the right to charge interest at five per centum per annum above the base lending rate of Lloyds Bank Plc from time to time on all overdue payments.
4.1 Unless otherwise agreed in writing delivery will be charged to the Customer.
4.2 The Supplier reserves the right to make delivery in instalments, in which case each instalment shall be deemed to be sold under a separate contract which all terms and conditions apply.
4.3 The Customer is required to notify the Supplier of the address where the products are to be delivered and it is the Customer's responsibility to ensure that access is available to the Supplier for acceptance of delivery.
4.4 Unless time is expressed in writing to be of the essence by the Customer, orders are accepted on condition that the Supplier does not accept any responsibility for delay in delivery for whatever reason.
4.5 Any claim by the Customer for loss or damage of the product in transit or non-delivery should be notified to the Supplier in writing as follows:
4.5.1 Partial loss or damage: within three days of delivery.
4.5.2 Non-delivery of whole consignment: within fourteen days of despatch advice.
5. IMPLIED TERMS
5.1 The terms of sale are subject to the provisions of the Supply of Goods (Implied Terms) Act 1973, the Sale of Goods Act 1979 and the Consumer Protection Act 1987 so far as the same apply and rights made available by this Agreement are expressed to be in addition to the Customers' statutory rights.
6. PASSING OF TITLE
6.1 Title in the product passes to the Customer only when all monies payable under particular Order have been received and all monies received under any other Order made to the Customer have been received. Until such time, title in the products remains vested in the Supplier and the Supplier reserves the right to enter onto the Customer's premises to obtain recovery of goods where title remains vested in the Supplier.
6.2 In the event that the Customer resells the products the subject of this contract, it is a condition that the contract for resale shall expressly reserve the rights of the Supplier to enter the premises of such a purchaser or end user for the purpose of recovering the goods subject to the Order where payment is not effected in full and title is reserved to the Supplier as above.
7.1 Risk in the products passes to the Customer as follows:-
7.1.1 Where products are sold from the Supplier's premises and the Customer takes delivery or arranges his own delivery, risk passes to the Customer when the goods are taken out of the Supplier's premises.
7.1.2 In all other cases risk passes to the Customer at the point of time when the goods are delivered onto premises owned, controlled or occupied by the Customer.
7.2 The Customer should insure the product accordingly.
8. CANCELLATION OF ORDERS
8.1 Cancellation of Orders cannot be accepted other than by prior agreement. Any cancellation may be subject to a cancellation charge and the whole or part of any deposit taken by the Supplier may be subject to forfeit. Where part of the deposit is repayable to the Customer the Supplier may effect payment by credit note rather than cash sum.
9. POSTPONEMENT OF DELIVERY
9.1 lf delivery of goods is postponed by the Customer or if the Customer fails to ensure physical and legal ability to deliver the products then the Supplier shall be entitled to payment of the whole of the Order price when the goods are ready to be delivered and/or the Supplier may charge a storage charge until actual delivery is effected.
10. REPORTING OF DAMAGE
10.1 It is a condition of supply that any complaints must be reported in writing to the Supplier within forty eight hours of delivery to the Customer or collection by the Customer. Failure so to report any damage to the goods within that time scale shall imply that the goods were supplied in an undamaged condition.
11. RETURN OF PRODUCTS
11.1 Returned products will only be accepted and credited if their return has been agreed in writing by the Supplier and in any event credit is subject to examination of the products by the Supplier.
11.2 Returned products should be accompanied by the Invoice No. and date and should be returned within thirty days of the Invoice date.
11.3 Returned products must be packed and returned at the risk and expense of the Customer.
11.4 The Supplier reserves the right to impose a restocking or handling charge of fifteen percent of original invoice price.
11.5 No credit can be given by the Supplier for the return of special or custom goods.
12. SUPPLIER'S WARRANTY
12.1 Notwithstanding that the products may be offered for any particular purpose, it is the responsibility of the customer to satisfy itself as to their suitability for the particular purpose.
12.2 All products are sold with the benefit of the Manufacturer's Warranty. No further warranty shall apply unless expressly agreed in writing by the Supplier at the time the contract is entered into.
12.3 No liability is accepted by the Supplier for any loss or damage or any consequential loss or damage except to the extent of the total sale price of the products under the particular contract.
12.4 The Supplier shall not be liable for any mis-statement in any publication or advertising material or information supplied except where the Supplier has expressly agreed in writing that the said information or publication or advertisement forms part of the contract for sale. All information or publications supplied by the Supplier are supplied in good faith but without warranty.
13. FORCE MAJEURE
13.1 Whilst the Supplier will make every endeavour to supply the goods within the period arranged with the Customer, the Supplier shall not be under any liability for delayed delivery or supply arising out of any circumstances beyond the control of the Supplier (including without prejudice to the generality of the foregoing, inclement weather, strikes, lock-outs, non-availability of materials or acts of God).
14.1 All contracts made pursuant to these terms and conditions are governed by English law and any dispute there under shall be referred to the Courts of England and Wales