TERMS AND CONDITIONS – DOLPHIN SAILS
Terms & Conditions for Retail and Website Customers
Placing an order constitutes acceptance of these terms.
“BUYER” Customer – The Customer is a legal party. This can be an individual or a registered company. These terms are accepted by the customer on payment. Customer means and include the account debtor with respect to any Receivable and/or the prospective purchaser of goods, services or both with respect to any contract or contract right, and/or any party who enters into or proposes to enter into any contract or other arrangement with the Company.
“GOODS” Means the articles / items and or services described in the quotation / order.
“ORDER” Means the order placed by the buyer for the supply of goods.
“COMPANY” – The Seller – means Dolphin Sails Ltd / Dolphin Tensile Awnings Ltd / Sailkote Ltd
“CUSTOM MADE PRODUCTS” means goods that are manufactured to the Sellers specification, measurements or requirements. Products that are personalised in any way such as items with country codes, sail numbers or graphics.
“EX WORKS (EXW)” means making the goods available at the Sellers location. The Buyer is responsible for all the transportation costs and also bears the risks of bringing the goods to their final destination.
By paying for goods or services, you (on behalf of yourself or the business you are representing) agree to be bound by the terms and conditions of this agreement. These terms may be modified from time to time.
The Company reserves the right (without prejudice to any other remedy) to cancel any uncompleted order or to suspend delivery in the event of any of the Buyer’s commitments to the Company not being met.
Neither the Company nor the Buyer shall assign or transfer or purport to assign or transfer the contract or the benefits thereof to any other person without the prior written consent of the other.
- OUR CONTRACT
A sales order quotation is open for a maximum period of 30 days only from the date thereof unless stated otherwise at time of quotation.
Any order issued by the Buyer is subject to acceptance by the Seller and a contract will only be formed when the company has accepted the Buyer’s offer to buy in writing.
The Buyer shall be responsible to the Company for ensuring the accuracy of the terms of any order submitted by the Buyer and for giving the Company any necessary information relating to the goods within a sufficient time to enable the Company to perform the Contract in accordance with its terms.
The Company only accepts your offer of payment and concludes the contract of sale on dispatch of the product to you, fitting a custom made product to your boat or house or payment for services rendered, whichever is the latter.
Any variation to these conditions (including any special terms and conditions agreed between parties) shall be inapplicable unless agreed in writing by the Company.
All prices are ex works and shall be exclusive of legally applicable VAT, customs duties or any other fees unless otherwise stated. The Buyer is liable for paying all legally applicable taxes.
The price payable shall be the price in force at the time of delivery or completion of services rendered.
The Company shall be entitled without prior notice to adjust the price stated to take account of any change in specification made at the request of the Buyer or any alteration before the date of delivery in the cost of the Companies labour, material, subcontracted services, import or export duties, tariffs, transport, fluctuations in the currency exchange rate or any other costs which directly affects the cost to the Company of supplying of the goods or services rendered.
Freight and insurance charges (where applicable) are based on the rates obtainable at the date of quotation from the freight supplier of services. If these rates are increased or decreased from any cause between the date of quotation and the date on which the equipment is shipped, the contract price will be changed to account for such increase or decrease by the net amount of the increase or decrease due to the variation of such rates.
Whilst the Company will use all reasonable endeavours to keep any stated dispatch or delivery date it accepts no liability whatsoever for loss or damage resulting from delay however the same shall have been caused.
The Company will confirm the estimated delivery date after any initial payments due are paid and all custom details are confirmed by both the Company and the Buyer.
If the Buyer fails to take delivery of the goods or any part thereof at the time agreed for delivery then the Company shall be entitled to cancel or suspend such delivery and all other outstanding deliveries and to charge the Buyer with loss suffered.
The Company reserves the right to make delivery by installments and to tender a separate invoice in respect of each installment.
In the event of incorrect items or damaged goods of any delivery the Buyer shall confirm such claims in writing to the Company within 7 working days from the date of delivery or collection.
Compliance with this requirement shall be condition precedent to any claim. If short delivery takes place, the Buyer undertakes not to reject the goods but to accept the goods delivered as part performance of the contract.
Standard terms for all deliveries are Ex Works unless stated otherwise.
Deliveries will be charged on items dispatched as self-fit. Please contact the Office for specific details.
Should a third party delivery location be mutually agreed upon the Company and the Buyer, once the items have been delivered the Company shall not have any responsibility for the safety and security of those items until they are collected by the Buyer.
No payment shall be deemed to have been received until the Company has received cleared funds.
On confirmation of order an initial payment as stated on the sales order confirmation documentation is due. A payment of 50% the price for the Goods is due immediately upon the either the Buyer accepting the Company’s quotation or the Company accepting the Buyer’s order.
The remaining balance is due on completion of the production of the goods prior to delivery or collection by the Buyer or at completion of services rendered unless otherwise agreed by the Company.
If the Buyer fails to make payment in full on the due date then (without prejudice to any other rights of the Company) the Company may store goods or items where services have been rendered and a storage fee will be applied at the discretion of the Company.
- CANCELLATION AND RETURNS
As each Custom Made Product is bespoke, if the Buyer wishes to cancel an order for a Custom Made Product, the Buyer may be liable to pay the full amount of the order unless the Company agrees otherwise in writing at their discretion.
If the item purchased was faulty or did not work properly, or the item or services rendered was not as described, please contact the Company. The Company may cover costs of shipping for warranty, damaged or incorrect goods at their discretion.
In addition to statutory rights provided by local jurisdictions the Company guarantees its goods and services for a period of 12 months from date of delivery against all defects which are due to poor workmanship or defective materials supplied to the Buyer unless otherwise stated.
The Buyer will notify the Company in writing promptly following discovery of the defect and in any event within 7 days.
The Company’s liability under this warranty is limited to the repair of the defect or, at the discretion of the Company, the provision of replacement goods.
The Buyer must return the allegedly defective goods to the Company.
The statutory rights of the Buyer are not affected by these conditions.
- RETENTION OF TITLE
All goods delivered by the Company will remain the property of the Company until all debts relating to the goods and owed to the Company by the Buyer are settled.
The Company shall not be liable for any loss or damage caused by events or circumstances beyond our reasonable control (such as severe weather conditions or the actions of third parties not employed by us); this extends to loss or damage to items where service are rendered or items left with the Company for storage, and harm to persons entering the Company’s premises or using any of the Company’s facilities or equipment.
The Company shall take reasonable and proportionate steps having regard to the nature and scale of the business to maintain security at the Company’s premises, and to maintain facilities and equipment in reasonably good working order; but in the absence of any negligence or other breach of duty by the Company any property left by a customer is at their own risk and customers should ensure that their own personal and property insurance adequately covers such risks.
The Company’s liability shall not under any circumstances whatsoever exceed the value of the goods or the amount of the invoice.
- FORCE MAJEURE
The Company shall not be liable for any failure to deliver goods or items where services have been rendered arising from circumstances outside the Company’s control.
Should the Company be prevented from delivering in the above circumstances, it shall give the Buyer written notice of this fact as soon as reasonably practicable after discovering it.
In this event of any queries emails should be directed to firstname.lastname@example.org