Terms & Conditions of Sale
Terms & Conditions of Sale
In these conditions the “Seller” means Collins Sailmakers, the “Buyer” means the person, firm or Company to whom the Seller agrees to sell or supply the goods, and “goods” means the items specified to or referred to in the Seller’s quotation.
Unless expressly stipulated by the Seller all descriptions, drawings, illustrations or ratings, standards, statements or details of capacity or performance specifications or other descriptive matter are approximate only and do not form part of any contract. Breaking loads quotes are for users guide only and do not form part of any contract. The Seller reserves the right to alter product specifications without prior notice.
3. Buyer’s Specifications
If the goods are made to the Buyer’s pattern or specification, no responsibility can be accepted for the infringement of any patent, and the Buyer agrees to indemnify the Seller against any loss in respect of proceedings or otherwise resulting from the execution of Buyer’s orders. Once the manufacture of such special goods is commenced, cancellation cannot be accepted.
4. Time of Delivery
Times or dates for delivery quoted by the Seller are estimates only based on prompt receipt by the Seller of: -
(a) All relevant information & material
(b) Satisfactory assurance of compliance with terms of payment and shall
not be of the essence of contract.
The Seller shall not be liable for any loss or damage whatsoever howsoever arising from any delay in delivery or performance.
Unless otherwise provided delivery of the goods shall be completed at the Seller’s own premises. Should the Buyer require that any goods to be packed, stored, dispatched, delivered or dealt with otherwise than aforesaid the Seller shall be entitled to claim an extra charge for any services so rendered and such services shall be performed subject to these terms.
All risk of loss or damage of any kind howsoever caused shall pass to the Buyer who is at liberty to insure when: -
(a) In the case of goods to be dispatched or delivered to the Buyer upon
such goods being delivered to a carrier even if such carrier be the
servant of or agent for the Seller.
(b) In the case of goods to be collected by the Buyer upon such collection
or upon expiry of seven days from the Seller’s written notice that such
goods are ready for delivery whichever is the earlier.
(c) Without prejudice to the foregoing claims that there has been loss
shortage or damage to goods in transit must be made in writing to the
Seller as well as to any carrier concerned within three days of delivery or
in the case of non delivery within fourteen days of despatch of such
loss shortage or damage. The Seller shall use its best endeavours to
preserve a claim against the carriers.
(d) Customers sails and items are stored at their own risk
Please make cheques payable to “Collins Sailmakers”. Unless otherwise specified, our terms for new constructions are 50% deposit on confirmation of an order with production not commencing until this has been received. The balance of the account is due on completion and must be settled before the goods leave our premises. An invoice will be rendered when the goods are ready for collection/despatch. If your balance hasn’t been settled in full we will send a reminder after 7 days. Any other payment terms must be agreed in writing at the time of Order of Acceptance. The Seller reserves the right to withhold further supplies of goods until any overdue account is settled in full. Late payment will incur interest from the buyer on the price of the goods and will be charged at 3% per annum over the base lending rate charged by The Bank of England, from the due date until date of full payment.
The Seller reserves the right that any contract once accepted cannot be cancelled nor amended except by mutual agreement on terms that fully indemnifies the Seller. For special or non-standard products the Seller reserves the right to charge a cancellation fee to include material committed at cost and labour at cost.
All prices are subject to vat. The Seller reserves the right to change prices
without prior notice.
10. Original Material
All drawings specifications original work of any kind etc. produced as
design considerations etc. for discussion between the Seller and the Buyer
remain the property of the Seller.
11. Force Majeure
Without incurring any liability for any loss or damage resulting there from the Seller shall be entitled by written notice to the Buyer to terminate or suspend the contact at any time should the Seller be in any way prevented or hindered from performing the contract by Act of God civil war disturbance government requisitions or Parliamentary restrictions, prohibitions or enactment of any kind, import and export regulations, strike, lock out, trade dispute, difficulty in obtaining workmen or materials, breakdown of machinery, fire, theft, storm, explosion, drought, tempest accident or any other circumstances whatsoever beyond the reasonable control of the Seller however arising or however caused.
12. The Reservation of Title
The title on the goods remains with the Seller until the Buyer has paid in full for the goods. Furthermore the Seller reserves the right in title to the goods even if the Buyer has sold on the goods until the proceeds of any such sale completes the payment in full for the goods.
13. The Rule of Law
This contract shall be governed by the Laws of England and Wales.