TERMS AND CONDITIONS OF SALE - BRITANNIA MARINE SERVICES LTD (BMS)
1. DEFINITIONS
1.1 "Seller" or "Supplier" shall mean Britannia Marine Services Limited, Unit 11 Windsor Park Industrial Estate, 50 Windsor Avenue, Wimbledon, London SW19 2TJ.1.2 "Buyer" or "Customer" shall mean the person, firm or company who buys or agrees to buy the goods or services from the Seller/Supplier.
1.3 "Goods" and/or "Services" shall mean all goods and/or services, which the buyer/customer agrees to buy from the seller.
1.4 "Conditions" shall mean the terms and conditions of sale set out in this document and any special terms and conditions agreed by the Seller in writing.
2. PRICES AND PAYMENT
2.1 Prices quoted are net, exclusive of any taxes, insurance, packing and carriage unless otherwise stated. If applicable VAT and/or any other taxes and/or charges will be added to all goods and services supplied at the prevailing rate.2.2 All prices quoted are valid for 30 days only. Once the buyer accepts seller's quotation, if cancellation of order is accepted, the seller will charge the buyer a 40% restocking and handling charge on the net order value with a minimum of £100.00. Under no circumstances will cancellation be accepted for items specially manufactured or ordered on the customers' behalf.
2.3 Unless otherwise agreed, all prices quoted are ex-works. The seller will charge storage for all goods not collected in time agreed by the buyer.
2.4 The seller reserves the right by giving notice to the buyer at any time before delivery to increase the price of the goods/services to effect an increase in the cost to the buyer which due to any factor beyond the control of the seller, any change in delivery dates, quantities or specifications for the goods which is required by the buyer or any delay caused by an instruction of the buyer or failure by the buyer to give the seller adequate information or instructions.
2.5 All cash invoices are to be paid upfront. Unless otherwise expressly agreed, all credit invoices are due and payable with in 30 days from the date of invoice. Payments are to be made into our bank account directly. Cheques drawn on overseas banks are not acceptable.
2.6 All payment arrangements through letter of credits shall carry a charge of £250.00 only.
2.7 Interest on overdue invoices shall accrue from the date when payment becomes due until the date of payment at a rate of 8% above HSBC bank rate.
3 GOODS AND SERVICES
3.1 The quantity and description of the goods and/or services shall be set out in the seller's quotations. All descriptive matter, weights and measures or service nature in the seller's catalogues, price lists and other advertising media do not form part of any contract.3.2 All related packing, carriage, transportations; out of pocket expenses, services and additional charges and costs shall be included with cost of goods/services in invoice. Charges not available at the time of raising invoice or left over for want of information, shall be invoiced later.
3.3 Delivery shall mean the availability of the goods at the seller's premises for purchase by the buyer or for despatch to a carrier for the buyer or to his instructions. The seller shall not be liable for damage arising from delays in delivery resulting from acts of God, government order, strikes, lock-outs, war, insurrections, delays in delivery by the manufacturer or from any other circumstances beyond the control of the seller.
3.4 The buyer shall be deemed to have accepted goods 72 hours after delivery to the buyer. After acceptance the buyer shall not be entitled to reject goods, which are not in accordance with the contract.
3.5 In the event that the seller is unable to supply goods as ordered by the customer and agreed by the seller, the seller reserves the right to offer goods of equal or superior quality comparable to or compatible with the goods ordered at the reasonable price.
3.6 Unless, otherwise stated specifically, the customer will arrange for all or any insurance required on delivery of goods ex-works seller's warehouse. The seller will not be obliged to give any notice under any acts, whatsoever.
4 LIMITED WARRANTY
4.1 The seller warrants that the goods and/or service will at the time of delivery correspond to the description contained in the seller's quotation.4.2 The seller will pass over to the buyer same warranties which he receives from its suppliers. In such cases, the buyer will notify any defects promptly within the reasonable period prescribed by seller's supplier. The defective items shall be returned to the seller on his request. Items being returned must be carefully packed to prevent damage in shipment and insured against possible damage or loss.
4.3 This warranty does not apply to used products or to damage to any products or parts caused by overloading or other misuse, customer abuse, modification, repair, improper operation, maintenance or service, unauthorised installation, alteration, reject or accident, nor does this warranty apply to any product or part which shall have been repaired, altered or assembled in any way by others than the seller which in the sole judgement of the seller affect the performance, stability or purpose for which it was manufactured.
4.4 The seller accepts no liability or responsibility for any consequential loss or damage due to or arising from the supply of all goods and/or services to the buyer within the terms and conditions of sale.
5 EXPORT CONTRACTS
5.1 If the contract provides for delivery ex-works, the customer will arrange for the transportation of the goods from the seller's warehouse at the above address covering for all the risks. The seller will not be required to give the customer any notice relating to insurance under any acts.5.2 If the contract provides for delivery FOB, the seller shall deliver the goods at the port stated in the contract on the customer's behalf or on board a vessel named by the customer.
5.3 If the contract provided for delivery C&F or CIF, the seller shall deliver the goods at the port stated in the contract. No lighterage, landing charges, dock, wharf or customs dues are included. Freight and insurance charges (where applicable) are based on the rates obtainable at the date of our quotation If these rates are increased or decreased for any cause between the date of quotation and the date on which the equipment is shipped, the contract price will be increased or decreased by the net amount of the increase or decrease due to the variation of such rates. In the case of CIF contracts, a document certifying in proper form that insurance has been affected (and whether or not other goods are included in or covered by such insurance) and endorsed by us may, at our option, be tendered instead of a policy of insurance in respect of any goods shipped. The customer shall accept such documents in lieu of any policy, together with invoice or invoices and bill or bills of lading, as complete tender of shipping documents by us. On C&F and FOB contracts, obtaining insurance for all risks, would be the sole responsibility of the customer.