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The
following are the terms and conditions of trading with APS Mariine
Centre (“Supplier”) for the supply of Supplier’s goods (“Goods”) to any
third party (“Buyer”).
1.
Orders
1.1
The Buyer may make an order for Goods from the Supplier by online order
form sent by e-mail, facsimile, in person, or by means of a postal or
telephone order.
1.2 The Buyer shall be responsible for ensuring the accuracy of the
order. By placing an order for the Goods the Buyer shall be deemed to
have accepted these conditions of business.
1.3 Under the "Offensive Weapons Act
1996" we cannot and will not sell knives to anyone under the age of 16.
In order to ensure compliance, we only deliver knives to the cardholders
own address.
2.
Contract Foundation and Specifications
2.1
No Contract will subsist between the Supplier and Buyer for the sale of
any Goods unless and until the Supplier accepts your order by e-mail,
telephone, facsimile, or in person confirming that it has shipped your
product.
2.2 The Supplier cannot
guarantee product availability. Should Goods ordered be temporarily
unavailable the Buyer shall be notified of the delay in delivery and
given the option to cancel the order. If the Buyer does not cancel the
Order, the Buyer shall be deemed to have accepted the new delivery date.
2.3 Whilst the Supplier makes every effort to ensure that the Goods
descriptions and illustrations contained on the web-site are accurate
and current the Supplier is dependant upon the Goods manufacturer to
provide the correct information.
3.
Delivery
3.1
Delivery of the Goods shall be made within 28 days of the Supplier’s
acceptance of the Order unless an extended delivery date is agreed
between the parties and shall be effected by the Supplier delivering the
Goods to the Buyer’s address as notified to the Supplier on the Buyer’s
order. If pursuant to this clause 3.1, the parties cannot agree an
extended delivery date, the Supplier shall be entitled to cancel the
order and refund the purchase price (if already paid).
3.2 Subject to clause 3.1 any dates quoted for delivery of the Goods are
approximate. The Supplier shall not be liable for any delay in delivery
of the Goods and time shall not be of the essence in these Terms and
Conditions.
3.3 UK delivery and carriage is normally by Royal Mail or Parcel Force.
Heavy items shall be sent by road carrier. It is the Buyers
responsibility to check the carriage charge prior to placing its order.
Carriage charge is additional to the price of Goods listed.
3.4 Hazardous Goods can only be delivered by Road Freight and the Buyer
should request a quotation of the carriage cost prior to placing an
order.
3.5 Unused and unopened
Goods that do not meet the Buyers requirement on delivery may be
returned to the Seller for credit, excluding carriage charge, within 28
days of delivery.
3.6 The Buyer shall report any damage to the Goods during transit to the
Supplier within seven days of delivery. This does not affect your
statutory rights as a consumer.
4.
Price
4.1
Prices quoted on the Supplier web-site, or show room are shown inclusive
of VAT.
4.2 Prices are subject to
alteration, however any change in price will be notified to the Buyer
prior to the Suppliers acceptance of the order.
5.
Payment
5.1 The Methods of payment are detailed on the web-site and show room.
5.2 Payment for the Goods is always subject to clearance prior to the
Supplier dispatching the Goods.
6.
Liabilities and Warranty
6.1
The Supplier offers a no quibble 12-month warranty subject to the Goods
being returned to base and the Supplier receiving notification of such
return prior to the Buyer returning the Goods. In such cases the
Supplier shall be entitled to replace or repair such returned Goods free
of charge. If for any reason this is not appropriate a full refund will
be offered.
6.2 To the fullest extent permitted at law the Supplier will not be
liable for damages arising out of or in connection with the use of this
web-site. This is a comprehensive limitation of liability that applies
to all damages of any kind, including (without limitation) compensatory,
direct, indirect or consequential damages, loss of data, income or
profit, of or damage to property and claims of third parties. For the
avoidance of doubt the supplier does not limit its liability for death
or personal injury to the extent that it arises as a result of the
negligence of the Supplier.
6.3 For the avoidance of doubt where Goods are sold under a consumer
transaction the statutory rights of the Buyer are not affected by these
Terms and Conditions.
7.
General
7.1
The Supplier shall not be under any liability for any failure to perform
any of its obligations hereunder due to Force Majeure. Following
notification by the Supplier to the Buyer of such cause, the Supplier
shall be allowed a reasonable extension of time for the performance of
its obligations. For the purposes of this clause 7.1 “Force Majeure”
means fire, explosion, flood, lightning, Act of God, act of terrorism,
war, rebellion, right, sabotage or official strike or similar official
labour dispute or events or circumstances outside the reasonable control
of the Supplier.
7.2
If any provision of these Terms and Conditions is declared by any
judicial or any other competent authority to be void, voidable, illegal
or otherwise unenforceable or indications to that effect are received by
either party from any competent authority then that provision shall be
limited or eliminated to the minimum extent necessary so these Terms and
Conditions shall otherwise remain in full force and effect and
enforceable.
7.3 These Terms and Conditions supersede any prior agreement between the
parties whether written or oral under such prior agreements.
7.4 These Terms and Conditions shall be governed by and construed in
accordance with the laws of England and the English Courts shall have
non-exclusive jurisdiction to decide any dispute concerning these Terms
and Conditions or the subject matter of these Terms and Conditions.
7.5 No waiver by Supplier of any breach of these Terms and Conditions by
the Buyer shall be considered as a waiver of any subsequent breach of
the same or any other provisions. |