1. No warranty condition description or representation is to be taken or given or implied from anything said in the course of negotiations between the Purchaser and the Company prior to the Contract being made unless in writing and accepted by the Company.
2. The Company reserves the right to alter any price of specification at any time in the event of a Manufacturer or other Suppliers to the Company altering the same and the quoted price for the goods may also be varied by additions upwards in accordance with the market conditions at the date of actual supply and the Purchaser shall pay the quoted price and any such additions as well as. If it be the case any alterations by the Manufacturer or other Suppliers in the price. In addition the Company reserves the right to apply a minimum order charge where necessary.
3. All Customers must have a completed and current application on file, which has been approved by Sea & Sea Limited.
4. At any time or date named by the Company for delivery is given and attended as an approximation and the Company shall not be liable to make good any loss or damage or claim whether arising directly or indirectly therefrom. The Company will use its best endeavours to deliver on the delivery date or within a reasonable time thereafter. According to all the circumstances and shall not be responsible for delay from causes beyond its control.
5. If for any reason the Purchaser is unable to accept delivery of the goods at the time when the goods are ready for delivery the Company shall store the goods at its premises if storage facilities are available until actual delivery and the Purchaser shall be liable for the reasonable costs (and insurance) of such storage. This provision shall be in addition to and not in substitution of any payment in damages for which the Purchaser may become liable in respect of failure to take delivery at the appropriate date.
6. The Purchaser shall inspect the goods upon arrival and shall within three days of such inspection give notice in writing to the Company of any defects in the goods by which they are not in accordance with the Contract. If no notice as aforesaid is given to the Company the goods shall prima facie be deemed to be in accordance with the Contract.
7. Except in the case of a Consumer Agreement within the meaning of unfair Contract Terms Act 1977, where goods are delivered under this Contract, which are defective owing to faulty materials or defective workmanship the Company will when reasonable practical replace or repair such defective goods and it is specifically provided and agreed that the Company will not be liable for any loss or damage or expenses arising from any such breach of Contract. Exceeding in aggregate the costs of defective goods.
8. A. Should default be made by the Purchaser in paying any sum due under any order as and when it becomes due the Company shall have the right either to suspend all further deliveries until the default is made good or to cancel the order so far as any goods remain to be delivered thereunder.B. All overdue accounts will be charged interest of 1.5% per month on all such amounts. C. If it becomes necessary to use a Collection Service all collection fees and legal fees will be added to the overdue balances.
9. It is specifically agreed and declared that:- A. Notwithstanding prior delivery of the goods to the Purchaser the property in any goods sold or agreed to be sold by the Company shall not be transferred to the Purchaser until the Purchaser has paid in full all monies due in respect of the goods to the Company. B.The risk shall pass to the Purchaser on delivery of the goods.
10. Payment shall be made without deduction on the 28th day immediately following the date of the invoice for the goods.
11. Any overdue accounts will receive a 7 day letter through our legal representitive and the account will revert to proforma pending review.
12. Where an account is overdue any agreed discounts will be null and void and the full purchase price will be payable.
13. Goods may not be returned without prior authorisation.
14. A 25% re-stocking charge will be applied to all returns.
15. Returned merchandise shall be repaired at our discretion. Out of warranty returns are subject to a service charge or repair fees.
16. Any variation of these conditions is inapplicable unless accepted in writing to the Company.
17. Goods returned under warranty must be accompanied by proof of purchase.
18. All new accounts must place a minimum opening order of £1000 and will be on a proforma basis until a satisfactory level of purchases has been achieved.
19. Title to the goods does not pass until the invoice has been paid.
20. These terms & conditions come into effect from the commencement of the account unless otherwise agreed by Sea & Sea Ltd in writing.
21. The contract between Sea & sea Ltd and it's clients is subject to annual review and may be cancelled by Sea & Sea Ltd at any time.
22. All orders over the value of £400.00 (ex-vat) will be sent carriage free on a 48hr service, except for cylinders (subject to change without notice).
23. All goods will be subject to availability.