TERMS & CONDITIONS OF SALE
"SELLER" Ocean Safety Ltd
"GOODS" Means the articles / items and or services described in the quotation / order.
"ORDER" Means the order placed by the buyer for the supply of goods.
a) All quotations are given and all orders are accepted on these terms, which supersede any other terms and conditions stipulated, incorporated, referred to or contained in any order or any document of / or communication from the buyer in the course of negotiations or any other terms, conditions or representations referred to in any course of dealings between the Seller and the Buyer. All orders hereafter made by the Buyer shall be deemed to be made subject to those terms and conditions.
b) No modification of these terms shall be effective unless made by an express written agreement between the Seller (acting through a manager) and the Buyer. The signing by the Seller of any of the Buyer’s documentation shall not imply or effect any such modification.
c) No order shall be binding on the Seller unless and until accepted or confirmed in writing to the Seller. The Seller reserves the right (without prejudice to any other remedy) to cancel any uncompleted order or to suspend delivery in the event of any of the Buyer’s commitments to the Seller not being met.
a) Whilst the Seller will use all reasonable endeavours to keep any stated despatch or delivery date it accepts no liability whatsoever for loss or damage resulting from delay howsoever the same shall have been caused.
b) If the Buyer fails to take delivery of the goods or any part thereof at the time agreed for delivery then the Seller shall be entitled to cancel or suspend such delivery and all other outstanding deliveries and to charge the Buyer with loss suffered.
c) Short shipment, incorrect items or damaged goods of any delivery. The Buyer must note any claim on delivery note at the time of delivery or collection and shall confirm such claims in writing to the Seller’s head office with 5 working days from the date of delivery or collection. In the case of goods received damaged, the packaging must be retained for inspection.
Compliance with this requirement shall be condition precedent to any claim. If short deliver takes place, the Buyer undertakes not to reject the goods but to accept the goods delivered as part performance of the contract.
d) Claims for non-delivery must be made within 5 working days of the Seller’s invoice date or within the period specified by an independent carrier whichever is the shorter.
e) Divisibility: This contract is divisible. Each delivery made hereunder shall be deemed to arise from a separate contract and shall be invoiced separately; any invoice for a delivery shall be payable in full in accordance with the terms of payment provided for herein, without reference to and notwithstanding any defect of default in delivery of any other instalment.
a) The price payable shall be the price in force at the time of delivery.
b) The Seller reserves the right to apply a minimum charge on small value orders.
c) The Seller shall be entitled without prior notice to adjust the price stated to take account of any change in specification made at the request of the Buyer or any alteration before the date of delivery in the cost of the Seller’s labour, material, sub5contracted services or import or export duties or tariffs or transport or fluctuations in the currency exchange rate which directly effects the cost to the Seller of supplying of the goods.
d) The price stated is for stipulated quantities only and does not hold good for lesser quantities.
e) All prices quoted are subject to UK standard rates of VAT.
f) All quotations from the Seller must be in writing.
a) Terms of payment are strictly 30 days net invoice date unless otherwise stated.
b) If the Buyer shall fail to make payment in full on the due date then (without prejudice to any other rights of the Seller) the buyer shall, without the need for the Seller to give notice, become liable to pay the Seller interest on the amount for the time being unpaid a t the rate of 2.5% per calendar month which shall accrue from day to day and be calculated from the date of delivery of the goods until the date of actual payment as well after as before any judgement.
c) The Seller reserves the right to charge the Buyer with the cost of re5%resentation of cheques received from the Buyer which
for whatever reason is not paid on the first presentation for payment at any time, at the amount for the time being charged by our bank.
d) The seller reserves the right to make a 2.5% charge if any trade credit overdue account is paid by credit card.
a) The seller warrants that goods supplied are free from substantial defects in material and workmanship provided that the Buyer
notifies the company in writing of the alleged defects as soon as it becomes aware of them and in any event within five (5) working days
from the date of delivery.
b) The Seller’s liability under this warranty is limited to the repair of the defect or, at the discretion of the Seller, the provision of
c) The Buyer must return the allegedly defective goods to the Seller using the Seller’s delivery note number and accompanies by
an additional Buyer’s purchase order.
No goods will be accepted for credit or replacement unless accompanied by an OS Returns Note which is issued by the Seller. (This
excludes faulty goods).
8. RETENTION OF TITLE
All goods delivered by the company will remain the company’s property until all debts owed to the company by the buyer, including any
balances existing, are settled. Risk passes to Buyer on delivery of said goods to the Buyer.
Property and risk
Standard terms for all shipments are Cost, Insurance and Freight (named port of destination) ‘CIF’ unless stated differently on the invoice.
In CIF, CFR and FOB export contracts (as defined in "Incoterms 2010") risk shall pass to the customer as provided by those contracts.
(a) If the contract provides for delivery CIF or C&F we shall deliver the equipment 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 from any cause between the date of
quotation and the date on which the equipment is shipped, the contract price will be changed to account of such increase or
decrease by the net amount of the increase or decrease due to the variation of such rates.
(b) In the case of CIF contracts, the equipment shall be delivered to the customer at the Port identified by him on or before the
delivery date. We shall procure a contract of carriage and insure the equipment from dispatch until delivery on terms current in
the trade for the benefit of the customer. The equipment shall be at the risk of the customer as they are loaded on board.
(c) If the contract provides for the delivery FOB, we shall deliver the equipment on board a vessel named by the customer or on
the customer's behalf at the port stated in the contract, and we shall not be required to give the customer the notice relating to
insurance mentioned in section 32(3) of the Sale of Goods Act, 1979.We shall promptly provide the customer with a clean
shipped bill of lading in respect of the equipment. The customer shall bear any additional costs caused due to the failure of the
vessel identified by the customer to be available to load the equipment on the delivery date.
(d) In the case of C&F contracts, transit insurance having been omitted, we shall, if so required in good time by the customer, be
prepared to give the customer such notice as will enable the customer to insure the equipment during transit. In the absence of
such request we shall not be liable for failure to give the customer such notice under Section 32(3) of the Sale of Goods Act
(e) In the event other delivery terms and conditions apply, they will be detailed on front of the invoice.
9. FORCE MAJEURE
In the event that the Seller is incapable of performing its obligations under any contract because of any event which is unavoidable and
beyond the control of the Seller including judicial or governmental decree, regulation or other direction not the fault of the Seller, and any
natural disaster or Act of God, the Seller will immediately give notice to the Buyer and do everything possible to resume performance.
Upon giving of such notice the contract shall be suspended. If the period of default exceeds 15 days from the receipt of notice of the Force
Majeure event the contract shall thereupon terminate unless the parties have agreed otherwise in writing.
10. CONSEQUENTIAL LOSS
Save in herein expressly provided the Seller shall not be liable for any loss or damage direct or consequential, whether in contract, tort or
otherwise, of whatsoever nature or to whomever or whatsoever cause arising out of or through the use of any of the goods supplied by
them. The Buyer shall indemnify the Seller against claims made against the Seller by any third party in respect thereof.
The Seller’s liability shall not under any circumstances whatsoever exceed the value of the goods or the amount of the invoice.
The contract will be automatically terminated in the event of bankruptcy or liquidation, etc, and this relates not only to the contract but
also to the requirement to return goods in respect of which the property will pass until paid for.
13. ENGLISH LAW
Unless otherwise agreed, the contract shall be subject to English Law.