Terms and Conditions

Acceptance of any order by the Company shall be subject to the conditions set out below, which shall override any terms, conditions or stipulations incorporated or referred to in the customer's order unless otherwise agreed by the Company in writing.
Unless otherwise stated all prices are quoted ex-works (delivery charge not included) and ex of value added tax, and subject to acceptance within 30 days.
Payment for goods shall be made as follows; If the price is more than £100 one half of such sum shall be payable at the time of order and the balance prior to despatch of the goods.
Subject to the submission of satisfactory references, credit accounts may be established for approved customers. Credit accounts are subject to settlement in full within 30 days of date of invoice. Any discounts would be forfeited should the account not be settled within 30 days.
1. (a) The Company shall be entitled to charge statutory interest at the rate of 8% + the bank of England base rate per month on any outstanding account as from the due date.
2. (b) The Company shall be entitled to debit a customer's account with a surcharge of £10 in the event that any cheque submitted by the customer in payment of an account or part thereof shall fail to be honoured by the customer's bank for whatever reason on presentation.
The property in the goods will only pass to the customer on payment of the purchase price in full (together with interest due, if any) for the goods, but
1. (a) The customer may nevertheless use the goods in the ordinary course of its business in such a way that they are incorporated in and/or become a constituent part of another product.
2. (b) The customer may sell such products to a third party in the ordinary course of its business provided that the Company shall be subrogated to the rights of the customer as against third parties to the extent of the Company's claim against the customer.
We and our employees accept no responsibility for loss, damage or delay arising from any cause whatsoever unless such loss, damage or delay was caused by, or resulted from our negligence or deliberate act, or that of those for whom we are responsible. Subject to that exception all items are repaired, worked on, stored or kept at the sole risk of the owner. Customers should ensure that their property is adequately insured against all risks.
1. (a) If within 12 months from the date of delivery the customer gives notice in writing to the Company of any defect in the goods which shall arise under proper use from faulty design (other than a design made, furnished or specified by the customer, for which the Company has in writing disclaimed responsibility), materials or workmanship, then the Company shall with all speed replace or repair the goods so as to remedy the defects without cost to the customer.
2. (b) The customer shall, as soon as practicable after discovering any such defect or failure, return the defective goods or part thereof to the Company and at the Company's risk and expense unless it has been agreed between the parties that the necessary replacement or repair shall be carried out by the Company on the customer's premises.
Where the goods are delivered at the Company's risk notice in writing of any shortage in or of any loss or damage to goods must be given to the carrier and the Company within 5 days of receipt of the goods.
All persons using any part of our premises and/or facilities for whatever purpose and whether by invitation or otherwise do so at their own risk, unless any injury or damage to person or property sustained within the premises and/or facilities was caused by, or resulted from, our negligence or deliberate act or that of those for whom we are responsible.
The customer and the Company agree that the Company shall have the exclusive right to appropriate any payments received from the customer in the discharge of any monies due for the goods the subject of any contract between the customer and the Company.
Any delivery date quoted is given in good faith but cannot be guaranteed.
This clause applies only where we supply goods to a person who buys in the course of a business (a business customer)
1. (a) No items supplied by us to a business customer shall carry any warranty or condition of sale, express or implied as to quality, or as to fitness for any particular purpose unless the customer when he orders that article sufficiently explains the purpose for which it is required and makes it clear that he is relying on our skill and judgement.
2. (b) No proprietary article ordered from us by name, type and/or size by a business customer shall carry any warranty or condition of sale save so far as we can pass on a manufacturer's warranty.
3. (c) In no event do we accept liability to a business customer for consequential damage beyond replacement or any faulty or unsuitable article supplied.
Quotations cover only the work and/or items specified thereon, and all additions, alterations, and any additional costs due to modified instructions will be charged to the customer at ruling prices. If, in the course of executing any work, we find any defect in the sail and/or gear that in our opinion should be rectified. Without delay and before the owner’s consent can be reasonably obtained, we reserve the right to carry out such necessary repair at our discretion and to charge same to the customer. Notice of any such rectification will be forwarded to the customer forthwith.
In the event of war invasion act of foreign enemy hostilities civil war rebellion revolution insurrection or military or usurped power the Company shall be relieved of liabilities incurred under this contract wherever and to the extent to which the fulfilment of such obligations is prevented frustrated or impeded as a consequence of any such event or by any statute rules regulations orders or requisitions issued by any government department councillor other duly constituted authority or from strikes lockouts breakdown of plant or any other causes beyond the Company's control.
Acceptance by us of goods for repair or other treatment, or storage is subject to the provisions of the Torts (Interference with Goods) Act 1977, which confers on us as bailees a right of sale exercisable in certain circumstances. Such sale will not take place until we have given notice to the owner in accordance with the Act. For the purpose of the Act it is hereby recorded that goods for repair or treatment are accepted by us on the terms that the owner will take delivery of the goods in accordance with Clause 2 of these terms, when the repair or other treatment has been carried out.
Except where notice is required to be given under Clauses 14 or 16 the word "customer" shall include a Charterer, Master or Authorised Agent.
All orders written or verbal are accepted on the understanding that the foregoing terms of business shall apply to each and every transaction, subject to express agreement to the contrary.
These conditions and the contract shall be subject to and construed in all respects in accordance with the Laws of England.
The expression "the Company" wherever it appears herein means Sailspar Ltd, its heirs and assigns.

Terms and Conditions

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