The words The Company refer to EYE Marine Limited_
(1) All quotations are made and all orders are accepted subject to the foil owing conditions.. All other conditions whatsoever are Excluded from the Contract or any vai ati on thereof, unless expressly accepted by the Company in writing_
(2) Acceptance of delivery of the goods shalt where no prior agreement has been reached be conclusive evi den ce of acceptance cf these conditions.
(3) Quotations shall only be available for acceptance for a maximum period of 30 days from the date thereof and may be withdrawn by the Company within such period at any time without notice.
(4) Goods sold from stock are offered subject to the same being unsold uperi receipt of the order.
(A) Any date named by the Company for dispatch or delivery is given and intended as an estimate only and i s not to be the essence of the Contract. The buyer shall nevertheless be bound to accept the goods ordered whether available on or after the date stated. The company shall not be liable in any way in any in respect ce late dispatch or delivery however caused nor shall such failure to dispatch be deemed to be a breach of the Contract. 'Mere drawings, specifications, instructions and mateti al s are to be supplied by the buyer: the buyer shall supply the same in reasonable time to enable the Seller to dispatch within the period named.
(B) The company may: at its discretion: make instalment deliveries and each delivery shall constitute a separate order for the purpose of payment.
(C) Delivery may be at a place requested by the customer, however: it is the customers responsibility to insure that unloading facilities and personnel e available to unload the delivery vehicle promptly. EE there is undue delay in unloading the delivery vehicle or no personnel available to unload are-delivery charge equivalent to the original charge will be made.
4. Damage or Loss In Transit
No claim for damage or corrosion in transit or shortage of delivery of goods will be entertained unless a separate notice in writing i s given to the company andlor catrier concerned within three days of receipt of the goods followedby a complete claim in suiting to the Company within five days of receipt of the goods.
5. Non Delivery
No claim for loss or non delivery of goods will be entertained unless a claim in writing i s received by the Company within seven days of the invoice data
The Company reserves the right to charge for storage and or any other costs incurred in the deferment or de/ay in delivery or delay in delivery at the request and/ or acti on of the buyer.
The Company reserves the right toincrease any prices agreed between the Company and the buyer in accordance with market conditicris and the Company' s pti ces for similar g Dods ruling at the date of dispatch and the buyers shall pay such additicris in addition to the quoted ptice. Without prejudice to the generality of theforeg Ding market conditions shall include any increase in the cost of labour, materials, transport and any other costs between quotati on and dispatch.
Value Added Tax will be charged at the rate appli cable at the date of di snatch_ The quoted price does not include Vabe Added Tax.
Will be charged at cost and shall be pai d for by the customer in addition to the price payable for the goods unless agreed beforehand between the Company and the customer.
10. Terms of payment
Terms of payment are strictly net monthly account that in payment on or before the end of the month following the month during which the invoice is dated The Company shall have the right in its absolute discretion following non-observance cf the above payna 'Ent terms to terminate without notice any agreement to supply to any party or to refuse or limit the amount of credit to be given to any party. Goods sold for export are subject to Pro-forma invoicing.
11. Defective/Damaged Goods
No claim against the company for goods represented by the buyer to be defective, from whatever cause: or not to conform to the Contract can Good s be entertained, and the Company shall incur no liability in respect thereof unless received by the company in writing in writing within twenty-ei2ht days after the date of dispatch and the defective goods or goods failing to conform to the Contract are returned to the Company within the said twenty-eight days.
12. Limit of Liability
In the event of any claim against the Company in respect of any matter whatsoever the Company s liability (if any) shalt be limited to the replacement of goods sold in respect of which the liability arises if required and practicable or the buyer shall be given a credit for the invoiced value of the goods in respect of which the liability. arises. Under no circumstances whatsoever shall the Company be liable for any consequential toss cr damage loss or damage or any personal injury or damage cr loss of any property other than stated herein howsoever and wheresoever ari arising. Any express cr implied conditions, statement, warranty, statutory or otherwise, are hereby excluded save where such exclusions are invalidated by statute, No claim by the buyer shall be accepted as a reason for cancellation of the remainder of the order.
13. Right to Inspect
In the event of the buyer malting a claim against the Company for any reason whatsoever the goods in respect of which any such claim is made shall be preserved intact and retumedto the Company within a period of fourteen days from the notifi cation of the claim to the Company within which time the Company shall have the right to investi gate the complaint. No claim by the buyer will be accepted unless this condition is strictly =plied with.
14. Design Changes
The Company reserves the right to effect changes as technical developments may require without prior notice.
The buyer shall indemnify the Company aainst any and all liability arising through execution by the Company of any order placed by the Provided by the buyer in accordance with the buyers specifications where such execution infringes any patent, trade-mark or registered design not owned by the Buyer Company or the buyer.
16. Risk, Property
(a) Goods supplied by the Company shall be at the buyers risk immediately on deliverY to the buyer or into custody on the buyers behalf and Insurance (whichever is the sooner) the buyer should therefore arrange insurance accordingly unless the Company has specifically agreed in writing to arrange insurance of the goods.
(b) The Property in the goods supplied by the Company will pass to the buyer when (1) the goods subject of the Contract in question and (2) all other goods subject cC any contract between the Company and the buyer whi ch have been delivered to the buyer (prior to the payment in full for the goods subject to the contract in questi on) have been paid for in full.
17. General ,Lien
In addition to any right by lien which the Company may be by law entitled the Company shall (in the event of the buyers insolvency) be entitled to a general lien on all goods of the buyer in the Company's possession although such goods cc some of them have been paidfor (in respect of the unpaid price of any other goods soldidelivered to the buyer by the Company under the same or any other contract).
The Company reserves the right to affect minor modfi cations to the specification of the. Company' s products (with or without prior notice) provide such mcdfi cations do not in the Company's opinion affect the quality and functi on of the goods.
19. Force Majeure
In the event of war: invasion, act of forei gn enemy: hostilities (whether war has been declared or not): civil war: rebellion, revolution: insurrection cc military or usurped power, the Company shall be relieved of'theliabdlities incurred under any contract whatever and to the Extent to which fulfilment of such obligations is prevented, frustrated or impeded as a consequence of any such event cr any statute, rules, regulations, orders or requisitions issued by any Government Department, Council er other duly constituted authority or from strikes: lockouts, breakdown of plant or any other causes (whether of not of a like nature) beyond the Company's control.
20. Law of Contract& Jurisdiction
All contracts for the supply of goods by the Company shall be gov erned by English Law and be within the exclusive jurisdiction of the Endish & Jurisdiction Courts.