Terms of use

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Terms of use

GENERAL
Every offer, tender, quotation, acceptance and contract for the sale or supply of goods including services associated with the goods by The Marine Supplies Company (hereinafter called the “company”) is made subject to these conditions and all other terms and conditions proposed by the purchaser (hereinafter called the “ buyer”) are expressly excluded.

PAYMENT
Unless the company notifies the buyer otherwise in writing, payment will become due on or before the thirtieth day of the month following the date of invoice.

The company reserves its rights to charge interest upon invoices which become overdue for payment at the rate of two per cent per annum above Natwest Plc base rate per month.

Goods remain the property of The Marine Supplies Company Ltd until payment has been received in full.

DEFFERED DELIVERIES
Should the buyer defer any previously agreed delivery date (whether to full or part deliveries), the Company will invoice the buyer as if the goods had been delivered and payment shall be due according to the normal terms of payment. The company may also charge storage costs for the period of deferment.

MANUFACTURING TOLERANCES AND SPECIFICATIONS
Where the goods have been supplied to the buyers specifications, the company will not accept liability for any failure or defect of such goods and the buyer shall indemnify the company against all actions, claims, costs and proceedings, including claims that the specification or goods infringe the intellectual property rights of another. The company gives no warranty as to the fitness for any particular purposes of goods so supplied to the buyers own specification and cannot accept liability for clerical or drawing errors on the specification supplied by the buyer.

DELIVERY
Although the company will make every effort to deliver goods on the agreed date, time is not of the essence of the contract. Any quoted delivery dates or supply periods are business estimates only and the company shall not be liable for any loss or damage whatsoever incurred by delay of goods.

TITLE TO GOODS
The legal and equitable title to all goods supplied under any contract will not pass to the buyer until the price for the goods has been paid in full and until such payment the buyer will hold the contract goods in a fiduciary capacity as Bailee for the company.

Where the contract goods are resold by the buyer and at the time of such resale the title in such contract goods has not passed to the buyer, then the proceeds of such resale shall be held by the buyer in fiduciary capacity on trust for the company and the buyer will account to the company for the same to the extent necessary to pay the price for the contract goods.

Whether or not the price for the contract goods has become due from the buyer under the contract, such price will be deemed to be due from the buyer immediately on the buyer becoming bankrupt, calling a meeting (whether formal or informal) of any of its creditors, or (whether the buyer is a body corporate) having a receiver or manager appointed of its undertaking or any part thereof, or on a resolution being passed or on a petition being presented to any court for the winding up of the buyer, or the commencement of any proceedings whatsoever relating to the insolvency or possible insolvency of the buyer.

DAMAGES/ LOSS/ NON-DELIVERY
The company cannot accept responsibility for damage to goods, mis-delivery or non-delivery where the carrier has been given a clear receipt by the buyer, or anyone who can be reasonably said to be acting on behalf of the buyer.
Any loss or damage to goods must be notified to the company immediately upon receipt of the goods by telephone and confirmed in writing within 24 hours thereafter. The buyer shall at the same time notify the carrier in writing of any such loss and enter a note of the same upon the carriers paperwork. If the buyer fails to give any notice as provided above, and the company is precluded from making recovery from the carrier in respect of loss or damage complained of then the buyer shall be liable to pay for the goods as though no such loss or damage had occurred.

THIRD PARTY
The Marine Supplies Company Ltd will accept no responsibility for any 3rd party losses howsoever caused. The company’s liability will be limited to replacing any faulty products in a reasonable time, unless agreed in writing prior to the goods being delivered.

FORCE MAJEURE
The company shall not be liable for any failure to observe or for any breach of any of the terms hereof by reason of force majeure and in such events deliveries may be wholly or partially suspended by the company during the operation of force majeure and the time of such suspension shall be added to the delivery time specified in the original contract.

CANCELLATION/ RETURNS
No contract for goods ordered may be cancelled unless cancellation is received in writing within 24 hours of receipt by the buyer of the company’s official order acknowledgement.

LAW
These conditions and any contract to supply goods shall be subject to and construed in accordance with English Law and the parties hereby agree to accept the exclusive jurisdiction of the English courts in all matters connected therewith or relating thereto.