Terms and Conditions
1.1 The following words shall have the following meanings:
“Conditions” means these terms and conditions.
“Purchaser” means the person(s), firm or company whose details
are provided to the Seller as the purchaser of the Goods.
“Purchase Price” means the purchase price of the Goods as
notified by the Seller to the Purchaser.
“Seller” means Marine Resources Ltd trading as Superyacht Marine Store.
"Company" means Marine Resources Ltd trading as Superyacht Marine Store.
“Total Price” includes the Purchase Price of the Goods, plus any applicable value added tax as notified to the Purchaser by the Seller, the "Total Price" does not include sales or import taxes, duties or levies of a similar nature and/or packaging and/or transport costs and any other additional costs of any nature whatsoever.
“Goods” means the goods to be purchased by the Purchaser from the Seller and any components, products or other items or services that the Seller is to supply.
1.2 The terms “Seller” and “Purchaser” include their respective successors in title and the masculine shall include the feminine and vice versa.
1.3 Any reference in this Agreement to any provision of a statute shall be construed as a reference to that provision as or as may have been amended, re-enacted or extended at the relevant time.
2. SALE AND PURCHASE
2.1 The Seller agrees to sell and the Purchaser agrees to purchase the Goods free of all debts, liens, claims, and/ or other charges in accordance with these Conditions in consideration for the Total Price.
2.2 This Agreement will be on these these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Purchaser purports to apply under any purchase order, confirmation of order, specification, or other document). For the avoidance of doubt, no terms or conditions endorsed upon, delivered with, or contained in, the Purchaser’s purchase order, confirmation of order, specification, or other document will form part of this Agreement simply as a result of such document being referred to in this Agreement or at all.
2.5 The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing. By agreeing to purchase the Goods, the Purchaser acknowledges that he does not rely on any representations that are not so confirmed.
2.6 The quantity, quality and description of, and any specifications of, the Goods shall be those notified by the Seller to the Purchaser and the Purchaser acknowledges that all other drawings, descriptions, specifications and advertising issued by the Seller and any drawings, descriptions, or illustrations contained in the Seller’s websites, catalogues and brochures (if any) are issued or published for the sole purpose of giving an approximate idea of the Goods described in them and so do not form part of these Conditions.
2.8 No part of these Conditions may be cancelled or varied by the Purchaser except in accordance with Condition 13 and on the terms that the Purchaser will indemnify the Seller in full against all losses (including loss of profits), costs, damages, charges and expenses (including legal fees) incurred by the Seller as a result of such cancellation or variation.
3. PRICE AND PAYMENT
3.1 The Seller hereby reserves the right to increase the Total Price of the Goods, by giving written notice to the Purchaser, to reflect any increase in the cost to the Seller which is due to any factor beyond the Seller’s control, (including without limitation, any foreign exchange rate fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture); any change in the delivery date or specifications of the Goods which are requested by the Purchaser; or any delay caused by any instructions of the Purchaser or failure of the Purchaser to provide adequate information and/or instructions to enable the Seller to perform its obligations under these Conditions.
3.3 The Seller shall be under no obligation to commence carriage of the Goods to the delivery address unless and until the Seller has received in cleared funds in full the Total Price, or agreed proportion thereof due under these Conditions on or before Delivery.
3.4 The Purchase Price is exclusive of any applicable value added tax, sale or import taxes or levies of a similar nature which are imposed or charged by any competent fiscal authority in respect of the Goods. The Purchaser is responsible for all and any such charges and the Seller shall notify the Purchaser of such charges as soon as reasonably practicable after becoming aware of the same. The Purchaser shall pay such charges to the authority. Such charges where relevant shall form part of the Total Price payable under these Conditions.
3.5 Failure by the Purchaser to pay on time and in full the Total Price or any instalment thereof in accordance with these Conditions shall entitle the Seller, without prejudice to any other right or remedy available to the Seller at its sole discretion, to:
(a) suspend any outstanding work or deliveries or cancel the contract relating to the Goods;
(b) appropriate any payment made by the Purchaser to such of the Goods as the Seller may think fit, notwithstanding any purported
appropriation by the Purchaser.
(c) charge interest on any amounts outstanding (both before and after judgement) at 4% above the Bank of England base rate.
3.6 All bank charges and exchange rate fees regarding payment are to be for the account of the Purchaser.
3.7 All payments payable to the Seller under these Conditions shall be due immediately on its termination despite any other provision. 3.8 The Purchaser shall make all payments due under these Conditions in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise.
3.9 The Seller may apply any payments received from the Purchaser under these Conditions to settlement of the Total Price
or to such other outstanding invoices that may exist from time to time between the Purchaser and the Seller.
4. DELIVERY AND HANDOVER
4.1 The Seller shall deliver the Goods to the Purchaser at the location agreed in writing between the Seller and the Purchaser (“Delivery”).
4.4 The delivery date of the Goods is approximate only and failure to comply with such dates shall not constitute a breach of these Conditions and the Seller will not be liable for any delay in Delivery of the Goods, howsoever caused. Time for Delivery shall not be of the essence in relation to these Conditions unless previously agreed by the Seller in writing. The Goods may, at the Seller’s option, be delivered by the Seller and paid for by the Purchaser in advance of the quoted delivery date by the giving of reasonable notice to the Purchaser.
4.5 Where the Purchaser fails to accept Delivery of the goods on the delivery date then, without prejudice to any other right or remedy available to the Seller, the Seller may at its option:
(a) store the Goods until actual Delivery and charge the Purchaser for the costs (including insurance) of storage; or
(b) if the Purchaser has not taken Delivery of the Goods within 14 days of the advised delivery date, sell the Goods at the best price readily obtainable and (after deducting all storage and selling expenses) account to the Purchaser for the excess over the Total Price under these Conditions or charge the Purchaser for any shortfall below the Total Price under these Conditions.
4.6 The Seller shall not be liable or responsible for delivery delays related to BREXIT, COVID-19, War or any other circumstance beyond the Seller's control.
5. RISK AND THE PASSING OF TITLE
5.1 The risk in the Goods shall pass to the Purchaser on Delivery of the Goods and the Purchaser shall properly insure the Goods in his name from the date of Delivery. Subject to Condition 5.2, title to the Goods shall also pass to the Purchaser on Delivery of the Goods.
5.2 Notwithstanding Delivery and the passing of the risk in the Goods, or any other provision of these Conditions, the title in the Goods shall not pass to the Purchaser until the Seller has received all sums which are due, or which become due to the Seller from the Purchaser on or before Delivery, in full in cash or cleared funds.
5.3 For the purposes of establishing the passing of title in the Goods, the submission of bankers’ drafts or other papers creating obligations to pay shall not be regarded as payment until all sums due to the Seller from the Purchaser on or before Delivery have been received by the Seller in full and in cleared funds.
5.7 The Seller shall be entitled to recover payment for the Goods notwithstanding that ownership of the Goods has not passed from the Seller.
5.8 The provisions of this Condition 5 shall survive termination of these Conditions.
6.1 All specifications are approximate only and are subject to normal margins of tolerance for the materials and construction in question. Whilst the Seller shall endeavour to supply the Goods in accordance with the specifications prevailing at the time of these Conditions it reserves the right notwithstanding the above
to vary the specifications without notice in the light of changes in technical knowledge, production techniques, Government or other regulations, consideration for safety or other reasonable cause. The Delivery of the Goods conforming to the Seller’s prevailing
design and specifications at the time of delivery shall be good and sufficient performance of these Conditions by the Seller. 6.2 Any alterations or additions to the specification of the Goods which may be required by the Purchaser and which are agreed by the Seller in writing shall be charged for in addition to the Total Price.
7.1 The Seller shall use its best endeavours to assign any warranty/guarantee provided by the manufacturer/supplier of the Goods to the Purchaser, or where possible such warranty/ guarantee shall be issued in the name of the Purchaser.
7.2 No warranty is provided by the Seller in respect of the Goods, and the Seller will not be liable for damage to the Goods howsoever arising, including but not limited to damage arising from fair wear and tear, wilful damage, failure to follow the Seller’s and/or manufacturer’s instructions (either oral or in writing), accident, acts of third parties, misuse or alteration or repair of the Goods, environmental conditions or other causes beyond its control.
7.3 Except as expressly stated in these Conditions, all warranties whether expressed or implied by statute, common law, or otherwise (including but not limited to fitness for purpose) are hereby excluded to the fullest extent permitted by law.
8. LIMITATION OF LIABILITY
8.1 Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Purchaser by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of these Conditions, for any loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods (including any delay in supplying or any failure to supply the Goods in accordance with these Conditions or at all) or their use or resale by the Purchaser and the entire liability of the Seller under or in connection with this Agreement shall not exceed the price of the Goods, except as expressly provided in these Conditions.
8.2 Nothing in these Conditions attempts to exclude or limit the Seller’s liability for death or personal injury caused by the Seller’s negligence or for fraudulent misrepresentation.
9.1 Any technical or other information contained in the Seller’s advertising, sales and technical literature is provided for general guidance only and forms no part of these Conditions unless expressly agreed in writing.
10. FORCE MAJEURE
10.1 The Seller shall be under no liability for any delay or failure to perform in the event that the manufacture, supply or Delivery of the Goods is prevented or delayed by any act or circumstances beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control;
a) Act of God, explosion, flood, tempest, fire, accident, drought;
b) Legislation, restrictions, regulations, bylaws, prohibitions or measures of any kind on any part of any government, parliament or local authority;
c) War or threat of war, sabotage, insurrection, civil disturbance or requisition;
d) Failure of power supply or breakdown in machinery;
e) Lock-out strike or other action taken by either employees or the Seller or a third party in contemplation of furtherance of a trade dispute; and
f) Difficulties and/or any inability to procure materials/labour, parts or machinery required for the performance of this Agreement.
11. WAIVER AND SEVERANCE
11.1 Any indulgence granted by the Seller to the Purchaser and any failure by the Seller to insist upon strict performance of these terms shall not be deemed a waiver of any of the Seller’s rights or remedies nor be deemed a waiver of any subsequent default by the Purchaser.
11.2 The invalidity in whole or in part of any Condition in these Conditions shall not affect the validity of the remainder of such Condition or these Conditions.
12.1 These Conditions are between the Seller and the Purchaser as principals and is not assignable by the Purchaser. The Seller may without consent assign or sub-contract all or any of its rights and obligations hereunder.
13.1 If either party becomes insolvent or goes into bankruptcy, receivership, administration or liquidation, the other party may forthwith on written notice terminate the sale and purchase contract relating to the Goods without incurring liability to that party and without prejudice to its rights which may have accrued up to the date of termination.
13.2 Either party shall be entitled to terminate the contract relating to the Goods by written notice to the other party, without incurring any liability to the other party and without prejudice to its rights which may have accrued up to the date of termination, if the other party has committed a breach of these Conditions and has been given written notice to remedy such breach but has failed to do so within 14 days of that written notice and has not referred the matter to dispute resolution pursuant to Condition 19.
13.3 If the Purchaser seeks to terminate the contract relating to the Goods other than in accordance with Condition 13.1 or 13.2 then the Purchaser hereby agrees to indemnify the Seller in full against all losses (including loss of profit), costs (including costs of all labour and materials used and/or procured in connection with the Goods), damages, charges and expenses (including legal fees) incurred by the Seller as a result of such termination.
13.4 In the event that the contract relating to the Goods is terminated by either party, the Purchaser agrees to indemnify the Seller in full in respect of all costs and expenses incurred by the Seller up to the date of termination. Further, in the event that the Seller terminates the contract relating to the Goods pursuant to clause 13.2, the Purchaser further agrees to pay to the Seller an amount equal to the Seller’s loss of anticipated profit, as notified by the Seller to the Purchaser.
13.5 Subject as herein provided and to any rights and obligations accrued prior to termination neither party shall have any further obligations to the other under these Conditions, save that notwithstanding termination, no party shall by virtue of such termination be relieved from any of its obligations which is expressly, or by implication, intended to come into force on or after termination.
14. RETURNS & REFUNDS
14.1 The company is not liable for shipping/delivery costs for the sending or returns of goods.
14.2 To carry out a return please contact [email protected], when and if the return is agreed:
- The product/s must be re-packaged and sent accompanied by the original delivery documentation and documentation including your name & billing address to a prior agreed address.
- Retention of proof of postage/delivery is required. This will be required in the eventuality of your returned goods not arriving back with the Seller.
- Reasonable care must be taken when packaging the parcel (preferably this will be utilising the original packaging) and returning it so that the items are not damaged in transit.
On receipt of the returned item an inspection will be carried out by the Seller, if the product is in 'as new' condiiton:
EITHER - a replacement item will be sent out if requested (delivery charges at the Purchasers expense) depending on stock availability OR - a product refund will be issued back to its original source less any bank payment fees, duties & delivery costs, no returns will be accepted or considered after the client has had the items for 6 months or more. Note: a handling and re-stock charge of up to 25% may apply on returns/replacements.
14.3 Returns refunds will not be accepted if:
- the product/s are custom or semi-custom unless a manufacturing fault can be proven;
- the product/s have had repairs carried out by a person or persons not agreed in writing with the seller.
- the product/s are not in 'as new' condition. If the product/s are damaged the Seller can opt to accept the return and offset the amount of your refund by the diminished value of the product/s.
15. INTELLECTUAL PROPERTY
15.1 Any copyright and other intellectual property rights in all drawings, reports, documents and computer-generated data prepared by the Seller shall remain the property of the Seller.
15.2 Photographs reproduced on the Seller’s website and promotional material are re- produced with the owner and/or manufacturer’s permission and any intellectual property in the same remains with the manufacturer and/or owner as applicable.
16. PURCHASER WARRANTIES
16.1 The Purchaser hereby warrants that: a) It is legally capable of entering into the contract relating to the Goods; and
b) any information provided to the Seller, in connection with these Conditions, and whether provided before or after the date of the contract relating to the Goods is accurate and complete.
17. THIRD PARTIES
17.1 For the purposes of the Contracts (Rights of Third Parties) Act 1999, these Conditions and/or the contract relating to the Goods
do not and are not intended to give rights to enforce any of its provisions to any person who is not a party to it.
18.1 Any notice served under these Conditions shall be in writing and shall be sufficiently served if delivered personally or posted to the last known address or sent by email. Any notice shall be deemed received within 48 hours after the time of posting and any notice given by email shall be deemed to have been received within 48 hours after dispatch to the correct email address of the addressee.
19. ARBITRATION AND GOVERNING LAW
19.1 These Conditions shall be governed by and construed in accordance with English law and both parties hereby agree to submit to the exclusive jurisdiction of the English Courts.
19.2 In the event that a dispute between the parties arising out of or in connection with these Conditions cannot be resolved between the parties, the parties shall first consider, as an alternative to court proceedings resolving the matter by arbitration in accordance with the provisions of the Arbitration Act 1996.
20.1 The Company shall not accept any liability for death, personal injury, damage, expense or loss of any nature sustained by any Client other than in the case of proven negligence of the Company or its team members/staff.
20.2 No guarantees or warrantees are offered for any product other than those stated (see 8.1 for purchase of Goods).
20.3 The Company and its Team Members provide advice, guidance, information and services in good faith base upon information provided at the time. We do not warrant the accuracy of any information provided. Any data critical to a decision should be independently verified prior to being acted upon. The Company and its Team Members accept no liability for the consequences of its information, guidance and advice whether direct of indirect.
20.4 The Company does not manufacture any products and therefore offer no Product liability or warranty, this will be the sole liability of the manufacturer. Where this liability is brought to question the Client will be put in direct contact with the manufacturer to resolve the issue or pursue a claim.
20.5 Re: Em-Trak Electronics: Please carefully read and follow the instructions provided with the Em-Trak product. These will ensure you get the best performance from your Em-Trak product. However if you have any problems, please consult EmTrak's online trouble shooting guide for quick and easy help. If you are still encountering problems, you can email their dedicated customer support team at [email protected] who will endeavour to respond within three working days to your inquiry.
21.1 The Company shall use its best endeavours to assign any warranty/guarantee provided by the manufacturer/supplier of the Goods to the Client, or where possible such warranty/ guarantee shall be issued in the name of the Client.
21.2 No warranty is provided by the Company in respect of the Goods, and the Company will not be liable for damage to the Goods howsoever arising, including but not limited to damage arising from fair wear and tear, wilful damage, failure to follow the Company’s and/ or manufacturer’s instructions (either oral or in writing), accident, acts of third parties, misuse or alteration or repair of the Goods, environmental conditions or other causes beyond its control.
21.3 Em-Trak Electronics: Em-Trak provides a comprehensive three year warranty against manufacturing faults. For their full warranty statement please see their web site. In the unlikely event that the product malfunctions please contact their Customer Support Department who will resolve the problem in the shortest possible time.
21.4 Except as expressly stated in these Conditions, all warranties whether express or implied by statute, common law, or otherwise (including but not limited to fitness for purpose) are hereby excluded to the fullest extent permitted by law.
22. FORCE MAJEURE:
22.1 The Company will not be responsible for any delays or failure to complete its service / product delivery which are beyond its control and which could not be predicted.
23.1 The contract shall be governed by and construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts.
23.2 In the event that a dispute between parties arising in connection with these Terms cannot be resolved between the parties, the parrots shall be submitted to and settle by binding Arbitration in London, U.K. in accordance with the Arbitration Act 1996 or any statutory modification or re-enactment thereof.
23.3 The failure by either party to enforce at any time or for any period any one or more of the terms and conditions of this agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this agreement.
23.4 The contract shall be governed by Consumer Rights Act 2015 and Consumer Contracts Regulations.
24. WEBSITE DISCLAIMER:
24.1 The information contained in this website is for general information purposes only. The information is provided by the Company and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
24.2 In no event will the Company or any of its Team Members be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
24.3 Through this website you are able to link to other websites which are not under the control of the Company. The Company has no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
24.4 Every effort is made to keep the website up and running smoothly. However, the Company takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
25.1 Upon making an Invoice payment or online payment, the Client accepts that all the Terms and Conditions above have been read, understood and agreed.