General Terms and Conditions of Sale
- These terms and conditions refer to any order placed with L.H.D. Marine Supplies Limited (“the company”) by any other party (“the customer”) calling for goods (“the goods”) manufactured or sold by the company.
- Any order placed by the customer with the company for the goods whether placed orally or in writing shall be deemed to be made upon these conditions.
- Written quotations and estimates issued by the company shall be deemed to be subject to these conditions and shall be valid for fourteen days.
- All prices quoted are excluding packing, carriage and insurance.
- The company reserves the right to vary its prices in proportion to any increase in costs of goods, materials, freight or labour occurring after the acceptance of the order but before delivery.
- The company reserves the right at all times to make any alteration to the goods which in its absolute discretion it deems necessary and such alterations shall be accepted by the customer as if they had been included in the original contract or agreement provided that where the customer has ordered goods to a defined specification no alteration shall be made without the approval of the customer.
The company will to the best of its ability comply with the customer’s instructions concerning the dates of delivery of the goods but it shall not be held responsible for failure to comply with such instructions and without prejudice to the generality of the foregoing shall not be responsible for delays arising from industrial disputes, fires, breakdown of machinery or shortage of material or labour, or from any other circumstance beyond the company’s control.
- The goods will be dispatched at the customer’s risk. Carriage is payable by the customer for delivery of the goods.
- Without any additional cost to the customer, the company reserves the right to effect dispatch from any place other than that specified in any contract or agreement.
- In the event of missing goods, short delivery or damage, the company can only investigate the circumstances if:
(a) in the case of damage the customer notifies the carrier and the company of the damage immediately upon receipt of the damaged goods, such notice to be in writing and clearly identifying such goods.
(b) in the case of non-receipt or short delivery, the customer informs the company in writing of non-receipt or short delivery. Such notice clearly identifying the goods shall be sent within fourteen days of dispatch.
- In the case of non-compliance with these conditions, delivery is to be deemed to have been accepted by the customer.
- Unless specifically agreed otherwise by the company in writing all accounts shall be due for payment thirty days from the date of the relevant invoice except in the case of fuel invoices which must be paid within 14 days of the invoice date. In any case the company reserves the right in accepting the order to demand payment in advance or suitable security in lieu. If payment is not so made or suitable security given the company may annul any acceptance of the order and contract resulting there from, after seven days prior written notice has been given to the customer, and claim compensation for the consequences of non- observance of such contract by reason of non-compliance with the conditions of payment by the customer (including but without prejudice to the generality of the foregoing) the costs of any debt collection agency or legal fees incurred in recovering the amount outstanding.
- No counter-claim or set-off by the customer against the company may be deducted in settlement.
- In the case of:
(a) Delay in payment or deterioration in the financial status of the customer after the goods have been dispatched
(b) Any bill or cheque not being duly met whether notice of dishonour has been given or not.
All sums due to the company in respect of other business transactions with the customer shall become due for immediate cash settlement and are forthwith recoverable.
- In the event that any accounts, having become due in accordance with the terms of this section are not paid the company reserves the right and hereby gives notice to the customer of such right to charge interest from the due date on all sums due and outstanding at the rate of five per cent per calendar month or part of a calendar month above Clydesdale Bank base rate on a day to day basis.
Right to retain property
The risk in the goods passes to the customer on delivery and the customer should, therefore, be insured appropriately but legal and beneficial ownership shall remain with the company until full payment has been received for the goods supplied hereunder and all other goods the subject of any other contract between the company and the customer and until payment is made the goods shall be stored separately so as to be clearly identifiable as the property of the company.
Samples are provided solely for the customers own use and the company reserves all rights in their design particularly in connection with the application for and registration of patents and trade marks.
- The company does not accept any responsibility to the customer in respect of any claim that may be made on the customer by a third party in relation to a patent trade mark or other registered name.
- If conditions are not complied with in full the company reserves the right to cancel all existing contracts and agreements between the company and the customer.
- Any conditions and warranties implied by virtue of the Sale of Goods Act 1979 are hereby excluded except in consumer sale as defined by the Sale of Goods (implied terms) Act 1973.
- Any indulgence granted by the company to the customer or any waiver by the company of its rights under these conditions in respect of any particular transaction or series of transactions shall not be deemed to be a waiver of the company’s rights in respect of any further transactions nor to be an agreement to confer the same indulgence in respect of any subsequent transactions.
Notices to be given by the company to the customer hereunder shall be sent to the registered office or the last known address of the customer by telegram, cable, first class post, telefax or telex. Notices to be given by the customer to the company shall be sent to the company at 1 Alexandra Buildings, Lerwick, Shetland, ZE1 0LL. Any notice posted by first class post shall be deemed to have been received seventy-eight hours after the time of posting and any notice given in any other manner shall be deemed to have been received at the time when in the ordinary course it may be expected to have been received. In proving service of notice it shall be sufficient to prove that delivery was made or that the envelope containing the notice was properly addressed and posted or that the telegraph or cable or fax or telex was properly addressed and sent as the case may be.
- Any variation in the obligations of the company or the rights of the customer under these general terms and conditions of sale shall be binding only if it is recorded in a written document signed on behalf of the company.
- Contracts with the company shall in all respects be construed and operate as a contract made in England and the company and the customer hereby accept the exclusive jurisdiction of the English courts in relation to any dispute which may arise out of or in connection with the contract or the good supplied.