Marinair Technology Limited
Terms and Conditions of Trade
Marinair Technology Limited is herein described as the Seller and the person, company or entity, with which the Seller enters in to any contract by this document, is herein described as the Buyer. Unless the context otherwise requires, “Goods” shall mean all goods and services, the subject matter of any contract evidenced by this document.
The terms and conditions of any contract evidenced by this document shall not be modified or varied except in writing signed by the Seller. Unless so modified or varied, these terms and conditions over-ride and negate any contrary term, condition or intention contained in any of the Buyer’s conditions of purchase, conditions of contract or other forms.
. Risk and Insurance
Notwithstanding anything else herein contained, the risk on any and all Goods supplied shall pass to the Buyer on dispatch of the Goods from the Sellers premises and in particular the Buyer shall be responsible for all Goods in transit and shall fully insure them.
Insurance is Buyer’s care. We accept no claims for transit damage. Any claims for damaged or missing Goods should be lodged immediately with the carrier by the Buyer and does not release the Buyer from our payment terms.
4. Returned Goods
Goods are NOT returnable unless faulty or wrongly sent or unless prior arrangement has been made in writing, with the Seller. Freight is payable, by the Buyer, on all returns. The Seller may, at it’s discretion, accept goods returned by the Buyer within 14 days, without prior arrangement.
4.1 Any goods returned for credit or replacement will only be accepted if they are in original packaging and accompanied by documentation showing:
i) Your name and address and contact phone number.
ii) Our invoice number.
iii) Reason for return
4.2 The Seller shall be entitled to impose a 10% handling charge for returns of such amount as the Seller, in it’s discretion determines and such charge may be deducted from the cash or amount of credit to which the Buyer may be entitled.
4.3 Items imported and supplied against firm order are NOT returnable.
The Seller shall not be liable for failure to deliver or for any delay in delivery where such failure or delay is occasioned by causes beyond the Seller’s reasonable control.
6. No Assignment
The Buyer may not assign all or any of it’s rights or obligations, under the contract, without the prior written consent of the Seller.
No stockist or reseller is authorised to extend any guarantees or warranties, implied or otherwise, not specifically stated by the Seller. All warranty claims must be returned at the Buyer’s cost, accompanied with evidence of purchase and sale date, detail of application to which the product has been subjected and nature of fault. The Seller reserves the right to repair or replace at their discretion.
Risks in any Goods shall pass on delivery but, such goods remain the property of the Seller until fully paid for. The Buyer acknowledges that the Seller has a Purchase Money Security Interest in the Goods as inventory for the purposes of the Personal Property Securities Act 1999 (PPSA). Until payment in full is received (including where applicable, any accrued interest, the following shall apply:
i) The Buyer will hold Goods on trust for the Seller, as it’s bailee, and will not give any
charge or interest over the same.
ii) If any such Goods shall be sold by the Buyer, prior to payment in full, the proceeds
shall remain the property of the Seller and separately banked on trust for the Seller.
iii) If the Seller has sufficient cause to exercise it’s rights under Section 109 of the
PPSA, the customer irrevocably gives the Seller, or it’s agents, the right to enter
upon the Buyers premises, without giving notice and without being in any way liable
o the Buyer or any other person claiming through the Buyer.
iv) The Buyer waives the right to receive a verification statement in accordance with
section 148 of the PPSA.
9. Default of Payment
The Buyer agrees to pay interest on all sums outstanding at 2% per month from the date due for payment until payment in full is made. The Buyer further agrees that should an overdue account reach the stage when a Solicitor or Debt Collector is instructed by the Seller, all charges incurred will be payable by the Buyer, as liquidated damages.
If a receiver, manager or liquidator is appointed for any part of the Buyer’s assets or it ceases to carry on business, all monies owed by the Buyer, to the Seller, shall immediately be payable notwithstanding any period of credit previously agreed.