Terms & Conditions
The Boatyard – Terms & Condition
1. Definitions
In these Terms & Conditions, unless the context requires otherwise, the following words and expressions will have the following meanings:
(a) “Agent” means
any person or company acting on behalf of the Customer whether known
or unknown to The Boatyard
(b) “Customer” means the individual, company, institution, organisation, partnership or legal entity purchasing the products or services from The Boatyard under these Terms & Conditions
(c) “Order” means an order for the purchase of products or services placed by a customer with The Boatyard in accordance with their ordering procedures
(d) “Products” means the goods or services supplied by The Boatyard the sale of which is governed by these Terms & Conditions
(e) “The Boatyard or The Boat Yard” means Spencer and Victoria Collins T/A The Boatyard, 5 Hammond Way, Trowbridge BA14 8RS.
(f) “Terms & Conditions” means the standard terms and conditions of sale set out in this document as amended by The Boatyard from time to time.
2. Basis of Contract
2.1
An Order constitutes an offer by the customer to purchase the
relevant products or services in accordance with these Terms &
Conditions. The Customer is responsible for ensuring that its
Orders are complete and accurate.
2.2
An Order will be deemed to have been accepted by The Boatyard on the
Order being received by any method eg On-Line Shop, Telephone, Text,
Written or Verbal and forms a legally binding commitment for the
Customer to purchase the relevant service or quantity of products on
the terms and conditions set out in these Terms &
Conditions.
2.3
These Terms & Conditions shall prevail over any other terms and
conditions, business terms or purchase conditions put forward by the
customer. All descriptions, illustrations, and specifications
contained in any of The Boatyards brochures, price lists, websites or
any other media are for illustration only.
2.4
These Terms & Conditions will be updated periodically and the
latest version of these will be available on www.ukboatyard.com
or on request.
3. Ordering
3.1
In the event that The Boatyard
is unable to fulfil the full Order, they will notify the Customer of
which Products or services it is unable to supply with an estimation
of when such Products or service may become available.
3.2
The Boatyard reserves the right not to accept any Orders (in full or
in part) at any time and for any reason.
3.3
When an Order is placed by the Customer’s Agent The Boatyard
will not be responsible for vetting the authorisation of such an
Agent nor will The Boatyard be liable to the Customer for any
financial losses incurred by virtue of the Agent’s order.
3.4
Orders for Non Stock items, Special items and Bespoke
design/manufactured items will only be accepted on a pre-paid basis
and refunds will not be accepted for any reason other than faulty
goods. In the case of Bespoke design/manufactured items The Boatyard
accepts no responsibility for the Customers design or specifications.
4. Deliveries
4.1 Delivery of Products will be made to the delivery address stated in the Order, providing it falls within The Boatyards published delivery areas. Delivery date will be advised to the Customer prior to delivery. Orders made specifying ‘Customer collection’ will be made available at an agreed date from The Boatyard during normal working hours.
4.2 The Customer will be responsible for ensuring that the delivery address is accessible, suitable, safe, secure and complies with all applicable regulatory and registration requirements.
4.3
In the absence of notification from the Customer the Products as
described in the delivery note/invoice will be deemed to have been
delivered and accepted in full by the Customer in a satisfactory
condition.
4.4
The signature on the delivery note or electronic device by any person
at the delivery address will be evidence that the Customer has
accepted the delivery of the Products. The Boatyard will be
entitled to assume that any signature given is that of an authorised
representative of the Customer.
4.5
Delivery dates, times and/or periods which are given by The Boatyard
for delivery of the Products are an estimate only. The Boatyard will
use reasonable endeavours to supply the Products in accordance with
the estimated delivery dates/times but will not be liable for any
loss caused by late or non-delivery of the Products.
4.6
The Boatyard reserves the right to deliver all or any part of the
Products in instalments. Any failure by The Boatyard to deliver
any one or more items in accordance with these Terms & Conditions
will not entitle the Customer to treat these Terms & Conditions
as repudiated.
4.7
The Boatyard will have the right to cancel or delay deliveries, or
reduce the amount delivered, if The Boatyard is prevented from making
the delivery through any circumstances beyond its reasonable control.
4.8
If the Customer fails to accept delivery The Boatyard have the right
to cancel the Order immediately with no liability for the payment of
compensation or other damages suffered by the Customer as a result of
such termination.
4.9 Special provisions for the Delivery of fuel products: Regardless of any prices quoted at the time of the Customers order, the price current at the time of delivery will be deemed to be the contract price.
4.10 Any charges incurred by The Boatyard for the return of items via a chosen delivery network where delivery was not possible due to the following, shall be the responsibility of the customer, and they agree to pay such reasonable charges upon request:
a.) An authorised person does not, or there is no authorised person to take delivery or Inspect and accept any agreed consignment.
b.) An authorised person does not, or there is no authorised person to move or transport a consignment from the carrier vehicle or kerbside.
c.) An authorised person does not, or there is no authorised person to comply with the reasonable requests of the carriers employed staff or third party agents.
5. Damaged Products
5.1 The Boatyard will have no liability in respect of any damage to Products in a delivery that would be apparent on careful inspection of the Products upon delivery unless full written details are notified to The Boatyard within 48 hours of delivery.
5.2
In such cases as 5.1 the Customer must retain all damaged Products
(including any damaged packaging) for inspection The Boatyard.
5.3 In such cases as 5.1 The Boatyard shall, at their option, either replace damaged goods with like Product or issue a credit for the Product value.
5.4
The Boatyards liability in respect of damage to Products will be
limited to the original sales value of the damaged Product and the
return freight should The Boatyard deem return necessary.
6. Return of UnWanted Goods
6.1 The Boatyard will only accept the return of Products where they have been ordered in error, or are no longer required, by the Customer:
(a)
the Customer applies to The Boatyard within 48 hours of delivery and
obtains a ‘Returns Authorisation’ prior to any return.
(b) the cost of return packaging and freight shall be borne by the Customer and the goods being received at The Boatyard within 5 working days of the ‘Return Authorisation’ being issued.
(c) the goods are received unopened, unused, in original packing and in the condition of the original dispatch.
6.2 Returns can not be accepted on liquid fuels, LPG, any non-stock items, goods subject of a special orders, bespoke manufactured items, or Services supplied by The Boatyard.
6.3 The Boatyard reserve the right to levy a 20% re-stocking charge based on the original sales value of the returned goods.
6.4
If the return of Products is accepted by The Boatyard in accordance
with Section 6.1 and 6.2 above The Boatyard will refund the value of
the returned goods, less any restocking charges, within 3 working
days of the returned goods arriving at The Boatyard.
8. Pricing
8.1 The price of the Products or Services will be the price listed on The Boatyard web site, priced in The Boatyard Shop or as specifically quoted by The Boatyard. Price of the Products or Services are subject to change, and any discounts, rebates, promotions or special offers may be withdrawn at any time.
8.2
Unless otherwise stated, the price of the Products includes VAT and
any other similar taxes.
8.3
The price for the Products exclude delivery costs which, if required,
will be added in line with the delivery charges detailed on The
Boatyard website or as quoted by The Boatyard. Delivery areas will be
limited to those specified by The Boatyard.
8.4 As section 4.9 regardless of prices quoted the applicable price for fuels will be the price current at the time of delivery.
8.5 The Boatyard reserve the right to increase prices, during the Order/Delivery process, without notice when cost increases are beyond The Boatyards direct control eg variations in VAT, Tax and Fuel Duty.
8.5 The Boatyard reserve the right to charge monthly interest on overdue accounts at rate not exceeding 5% above the Bank of England Base Rate
8.5 Reward Points applicable to web sales have a monetary value of 0.001p per point.
9. Invoicing and Payment
9.1 All payment terms are strictly payment with order in respect of web orders, non-stock orders, special orders and bespoke manufactured orders. Payment for shop sales and Services are strictly payment at time of purchase, and good delivered by locally by The Boatyard payment at time of delivery. The Boatyard reserve the right to alter payment terms at any time.
9.2 All payments are to be made by ‘Cleared Funds’
9.3 Any queries regarding the amount invoiced must be raised by the Customer in writing within 72 hours following receipt of the relevant invoice.
9.4
The Customer will pay the full amount shown on the invoice without
making any deductions or offsets for any reason unless pre-agreed and
authorised by The Boatyard.
9.5 All Credit Card payments are handled by a third-party Credit Card Merchant and The Boatyard do not hold the Customers Card details.
10. Risk and Title
10.1 Title to the Products or Service supplied to the Customer will remain the property of The Boatyard until payment has been made in full and by clear funds.
10.2 The Boatyard reserves the right to take lien on any property belonging to a Customer against any unpaid accounts and retain such property until payment, including interest is made in full. After a period of 60 days The Boatyard has the right to dispose of such goods to clear the outstanding account.
13. Personal Data and Information
13.1 Any personal data provided by the Customer will be dealt with in line with The Boatyard Privacy Policy a copy of which can be fond of the web site or will be supplied upon request. However, in
the absence of negligence any failure to comply with the Privacy Policy, or breach of duties under applicable laws, The Boatyard we will not be legally responsible for any loss suffered by the Customer
if a third party gains unauthorised access to any information.
14. Liability
14.1 Except for any legal responsibility that The Boatyard cannot exclude in law The Boatyard will not be liable for any losses that were not foreseeable when the contract was formed or were not caused by any breach on The Boatyards part.
14.2 The Boatyard will not be liable under any circumstances for any consequential losses suffered by the Customer or his agents.
14.3 The Boatyards liability to the Customer or his agent for any and all claims arising under any Contract will not exceed 125% of the invoice value of the goods.
15. Termination
15.1 Should any contract to supply or purchase be cancelled by either The Boatyard to the Customer it will not affect The Boatyards right to receive any money due under the contract.
15.2
The Boatyard may terminate these Terms & Conditions and any
Orders placed under them at any time.
16.
General
16.1 These Terms & Conditions and any dispute or claim arising will be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
16.3 These Terms & Conditions are personal to the Customer. The Customer will not assign, delegate, sub-contract, transfer, charge or otherwise dispose of any of its rights and responsibilities under these Terms & Conditions.
16.4 The Customer will notify The Boatyard in writing of any complaints in respect of Products, Services or any other event that may reflect adversely on The Boatyard within 24 hours of such an incident and will co-operate fully in any subsequent investigation.