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MOOREASY SAILING LIMITED
TERMS AND CONDITIONS
1. INTERPRETATION
1.1. In these conditions, unless the context requires otherwise:
Buyer means the person, firm or company who has ordered or agreed to
purchase goods from the Seller.
Seller means Mooreasy Sailing Limited (company registration number
6395873).
2. APPLICATION OF TERMS
2.1. These Terms and Conditions apply to all quotations, offers,
orders and contracts for the sale of goods by the Seller.
2.2. All terms and conditions of the Buyer are hereby excluded.
2.3. Nothing in these Terms and Conditions shall affect the
statutory rights of any consumer.
3. ORDERS
3.1. Each order or acceptance of a quotation for goods will be
deemed to be an offer by the Buyer to purchase goods upon these
Terms and Conditions.
3.2. No contract will come into existence until a written
acknowledgement of order is issued by the Seller
4. DESCRIPTION
4.1. The quantity and description of the goods shall be as set out
in the Seller’s quotation or acknowledgment of order.
4.2. All specifications and advertising issued by the Seller and any
descriptions or illustrations contained in the Seller’s catalogues
or brochures are published for the sole purpose of giving an
approximate idea of the goods described in them. They shall not form
part of the contract and this is not a sale by sample.
4.3. The Seller may make any change to the specification, design,
materials or finishes of the goods which are:
4.3.1. required to conform with any applicable safety, statutory or
regulatory requirement; or
4.3.2. do not materially affect their quality or performance.
5. PRICE AND PAYMENT
5.1. Unless otherwise agreed, the price for the goods will be the
price set out in the Seller’s published price list current at the
date of acceptance of the order and is exclusive of any costs of
packaging and carriage, VAT and any other applicable sales tax or
duty which will be added to the sum in question.
5.2. The Seller shall be entitled to decide the method of carriage.
If the Buyer requests a specific method of carriage, then it shall
pay for any additional charges, costs and expenses incurred by the
Seller, in arranging for carriage by a different method.
5.3. Payment shall be due at the time an order is placed unless
expressly agreed by the Seller. If the Seller subsequently invoices
the Buyer for the goods then payment shall be due within 30 days of
the date of such invoice.
5.4. If any sum payable under the contract is not paid when due
then, without prejudice to the Seller’s other rights under these
Terms and Conditions, that sum will bear interest from the due date
until payment is made in full at 3 per cent per annum over Barclays
Bank plc base rate from time to time.
5.5. Title to the goods will not pass to the Buyer until payment of
the price of the goods in full.
6. DELIVERY
6.1. The Seller will use its reasonable endeavours to deliver goods
by the agreed delivery dates or if no dates are stated, within a
reasonable time.
6.2. All delivery dates are estimates only and time of delivery is
not of the essence.
6.3. The Buyer shall not be entitled to refuse to accept late
delivery or treat late delivery as a breach of contract.
6.4. The Seller shall not be liable for late delivery or
non-delivery owing to any circumstance beyond its reasonable control
(including any delay, act or omission of a third party carrier used
by the Seller) and delivery of any goods shall be suspended for so
long as such circumstance lasts.
6.5. The Buyer will inspect the goods immediately upon receipt and
will notify the Seller of any shortages, defects in the goods or any
other complaint in respect of them within 5 days from the date of
delivery.
6.6. Where the Buyer notifies the Seller of non-delivery, defects,
shortages, the Seller’s only liability shall be at its sole option
as soon as reasonably practicable to repair, replace defective
goods, make good any shortages or to refund the Buyer the purchase
price paid for the goods.
6.7. Risk in the goods will pass to the Buyer upon delivery.
7. WARRANTY
7.1 If the Buyer finds a material defect in the goods within 12
months from and including the date of delivery the Seller will at
its sole option repair or replace goods which are proved to the
reasonable satisfaction of the Seller to be damaged or defective due
to defects in material, or workmanship. This obligation will not
apply where:
7.1.1 the goods have been improperly altered in any way whatsoever,
or have been subject to misuse or unauthorised repair;
7.1.2 the goods have been improperly installed or connected;
7.1.3 any maintenance requirements relating to the goods have not
been complied with;
7.1.4 any instructions as to storage of the goods have not been
complied with in all respects; or
7.1.5 the Buyer has failed to notify the Seller of any defect or
suspected defect within 5 days of delivery where the defect should
be apparent on reasonable inspection and in any event no later than
12 months from the date of delivery.
8. LIABILITY
8.1 The Seller's express liability under the these Terms and
Conditions shall be the Seller's only liability and the Buyer's only
remedy for breach of this contract for the sale of goods and all
other liability of the Seller whether in contract, tort (including
negligence), statute or otherwise, is hereby excluded.
8.2 The goods are supplied strictly on the terms that the Buyer has
satisfied itself of their suitability for its purposes. All
warranties and representations express or implied, as to the quality
or fitness for purpose of the goods are hereby excluded to the
fullest extent permitted by law.
8.3 Nothing in these Terms and Conditions shall limit or exclude the
Seller's liability for:
8.3.1 death or personal injury resulting from its negligence;
8.3.2 under s2(3) Consumer Protection Act 1987; or
8.3.3 for fraud or fraudulent misrepresentation.
8.4 In any event, the total liability of the Seller in respect of
breach of any contract for the sale of goods or any representation
given in connection with such a contract, whether in contract, tort
(including negligence) statute or otherwise shall be limited to the
purchase price for the goods.
8.5 In any event, the Seller shall not be liable to the Buyer in
respect of breach of any contract for the sale of goods or any
representation given in connection with such a contract, whether in
contract, tort (including negligence) statute or otherwise
howsoever, for any consequential, indirect or special losses, any
loss of use, profit, business, revenue, or contract, or any
liability of the Buyer to any third party.
9. INTELLECTUAL PROPERTY
9.1 All patents, copyrights, design rights and trade marks, rights
to confidence and all other intellectual property tights, whether
registered or unregistered, in any part of the worlds, in or
developed by the Seller in relation to the goods are and shall
remain the property of the Seller.
9.2 The Buyer shall not remove or tamper with any trade marks or
labels attached to the goods.
10. COMMUNICATION
10.1 All notices shall be in writing, and sent by first class post,
facsimile or email to the address of the recipient stated in any
quotation, order or acknowledgement of order.
10.2 Notices shall be deemed to be received if sent by first class
post, on the second day following the day of posting, and if sent by
email or facsimile on day of transmission (if sent before 4.00 pm).
11. GENERAL
11.1 Each right or remedy of the Seller under the Contract is
without prejudice to any other right or remedy of the Company
whether under the Contract or not.
11.2 No failure or delay by the Seller to exercise any right, power
or remedy will operate as a waiver of it, nor will any partial
exercise preclude any further exercise of the same, or of any other
right, power or remedy.
11.3 If any provision of the Terms and Conditions is held by any
competent authority to be invalid or unenforceable in whole or in
part, the validity of the other provisions of these Terms and
Conditions and the remainder of the clause in question will not be
affected.
11.4 The parties do not intend that any term of these Terms and
Conditions shall be enforceable by virtue of the Contracts (Rights
of Third Parties) Act 1999 by any person that it not a party to it.
11.5 These Terms and Conditions and any contract to which they apply
shall be governed by and construed in accordance with English law
and the parties hereby submit to the exclusive jurisdiction of the
English Courts.
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