1) Acceptance of orders
The receipt by Aqua Shore Marine of an order shall be deemed to be acceptance of the following Terms and Conditions. These Terms and Conditions shall prevail to the exclusion of any Terms and Conditions of the Purchaser, expressed or implied, which conflict with these Terms and Conditions, with the exception of specific arrangements made between Purchaser and Aqua Shore Marine.
2) Exclusion of Consequential Losses
Liability is excluded in respect of any loss or damage, however caused and irrespective of the fundamental nature of any obligation breached or of the fundamental nature or effect of any default in the following instances:-
- Any loss of profit or loss of use, whether suffered by the Purchaser or any other party.
- Any consequential loss or damage.
3) Set Terms
Authorised credit accounts are strictly nett and are due for payment on or before the 30th day from the invoice date, with the exception of specific arrangements made between Purchaser and Aqua Shore Marine, subject of course to account limits and prepayment may be required to secure order(s) if the total value of order(s) exceeds that of the set account limit. Should any account become overdue for payment, then Aqua Shore Marine reserve the right to, without prior notice and with immediate effect, withdraw the privilege of a credit facility and seek payment of all moneys owing to Aqua Shore Marine. Please note that a credit account is a privilege, not a right. For all customers not authorised for credit account, terms are strictly payment upon presentation of pro-forma invoice.
Goods sold by Aqua Shore Marine remain the property of the said company, until moneys in payment in full for these goods, are cleared by our bankers.
The details of all quotations, whether in writing or not, made by Aqua Shore Marine, will be held firm for a period of 30 days, with the exception of specific arrangements made between Purchaser and Aqua Shore Marine, Delivery dates given are accurate as at the date of quotation, but these dates may vary due to stock movements and manufacturers subsequent commitments. Please note that quotation validity is itself subject to negative exchange rate fluctuations limited to within 5% of the price originally quoted (Ex.VAT) at time of offer.
All goods supplied by Aqua Shore Marine not of our manufacture will carry the appropriate manufacturers standard guarantee, generally 12 months from date of despatch (subject to manufacturers guarantee terms), with the exception of specific arrangements made between Purchaser and Aqua Shore Marine. Aqua Shore Marine warrants all components and materials of its own manufacture against defects in workmanship and material for 12 months from date of equipment start-up, not to exceed 18 months from date of delivery to Purchaser. Aqua Shore Marine will repair or replace such components or materials as Aqua Shore Marine finds defective. These warranties are limited to repair or replacement of defective components or materials, subject to the conditions stated herein and to products returned to Aqua Shore Marine facility, freight prepaid. These warranties do not cover the cost of labour to remove or reinstall Aqua Shore Marine product from or into any other product into which it has been incorporated or made a part of.
7) Cancellation of Orders
Orders cannot be cancelled without the agreement of Aqua Shore Marine. Aqua Shore Marine reserve the right to render cancellation charges (generally equivalent to 20% of the total value of the order) if deemed justified by Aqua Shore Marine. Orders for goods that are “made-to-order” (Specially manufactured goods) cannot be cancelled once order has been placed by our customer and Aqua Shore Marine have provided confirmation and/or acceptance of that order.
Goods supplied cannot be returned for credit or exchange, without the original paperwork and written permission of Aqua Shore Marine. A credit will be allowed, subject to a minimum handling charge, provided that the goods are fit for re-sale following examination by Aqua Shore Marine. Specially manufactured goods will not be accepted back for credit once they have been despatched from our works.
Claims for goods damaged in transit or for shortages in delivery, must be made in writing to Aqua Shore Marine within three (3) days of delivery. Where goods are accepted without being checked, the delivery note should be endorsed, “Not examined or counted”. Packages arriving in a damaged condition should be signed for as “Damaged”.
In the event of non-delivery, Aqua Shore Marine must be notified in writing within 7 days of despatch. The Carriers will not admit claims in their statutory Terms and Conditions of Carriage, unless they are notified within the correct time.
11) Legal Construction
The Contract shall in all respects be construed and operate as an English contract in conformity with English Law. It will be subject to the exclusive jurisdiction of the English Courts.