The following terms and conditions apply to all transactions on www.southbankmarine.com website. Placing of an order on this website implies acceptance of the following terms and conditions of business:
1. DEFINITIONS AND INTERPRETATION
In these terms and conditions:-
“South Bank Marine” means South Bank Marine (Charts) Ltd, any connected organisation that actually supplies goods ordered by you and any successor to the business of South Bank Marine (Charts) Ltd.
“working day” means every day of a calendar year apart from weekends and statutory and public holidays;
“us” means South Bank Marine (Charts) Ltd and you together; and “you” and “your” means the person ordering goods under these terms and conditions.
2. THE CONTRACT BETWEEN US
1. southbankmarine.com is the retail on-line sales division of South Bank Marine (Charts) Limited.
2. These conditions shall apply to all contracts for the sale of goods by South Bank Marine Ltd concluded via the southbankmarine.com web site to the exclusion of all other terms and conditions, including any terms supplied by you at any time.
3. Any order placed by you in response to the material set out on the southbankmarine.com web site shall constitute an offer by you to purchase goods from South Bank Marine Ltd, which South Bank Marine Ltd shall be free to accept or reject.
4. South Bank Marine Ltd must receive payment for the whole of the price for the goods [plus the amount of the delivery charges and any relevant taxes or duties which South Bank Marine Ltd is obliged to collect] that you order before your order can be accepted. Once full payment has been received and South Bank Marine Ltd has determined that it shall meet your order, South Bank Marine Ltd will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. South Bank Marine Ltd’s acceptance of your order evidenced by receipt at your email address of South Bank Marine Ltds email brings into existence a legally binding contract between us.
3. PRICE
1. The prices payable for goods that you order (net of delivery and insurance costs and any applicable bank, sales, export or import taxes, for which you must pay in addition) are the prices displayed on our southbankmarine.com site at the time you place an order as confirmed by South Bank Marine Ltds acceptance e-mail. In the case of any difference between the prices set out on our southbankmarine.com site and South Bank Marine Ltds acceptance email, the prices set out in the email shall apply.
2. South Bank Marine Ltd reserves the right at any time to revise its prices without notice.
3. You will be required to pay extra for delivery and insurance (and any taxes or duties if applicable).
4. It might not be possible for South Bank Marine Ltd to deliver to some locations in which case South Bank Marine Ltd shall be entitled to decline the order.
4. CANCELLATION
1. Under the Consumer Contract Regulations 2014, you have the right to cancel your order within seven days after the day of receipt of the goods, without giving a reason. However, you must bear the costs of returning the goods to us (we strongly advise you to insure the return shipment and use registered post or a courier service). A refund will be given immediately we receive the goods back in good condition. Original postage costs will not be refunded.
2. e-books and all digital items cannot be refunded, the sale is final.
5. DELIVERY
1. If all of the goods you ordered are available at time of order, despatch will usually be made within 2 working days. If any items are temporarily out of stock, we will endeavour to despatch the complete order within 7 working days. We reserve the right to use a courier company for delivery; a signature may be required. If we do stock all the items you ordered, and you must have delivery next day, please mention this when placing your order, and we will send you a quotation including courier delivery.
2. Should there be a delay in despatch beyond 7 working days we will notify you. You will be advised of the expected delivery date. If a product is no longer available, you will be informed accordingly.
3. In the case of non-delivery please wait 7 days from the date your order was despatched in case it has been delayed. If goods are received damaged or faulty please retain the product and contact us within 7 days of receipt, whereupon we will investigate and assess the extent.
6. SECURITY
1. Transactions over the phone and email are processed immediately and no details are stored. We will endeavour to take all reasonable care, in so far as it possible to do so, to keep all details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering.
7. COMPLAINT
1. Should you ever have cause to make a complaint; we guarantee to respond within 5 working days.
2. Any personal details collected by us during the course of business with you is purely for our internal use and will not be forwarded or sold to any third party.
8. AGE
1. Any order/s placed by those aged under 18 must be with the consent of a parent or carer. Any information given by the child must be with the consent of a parent or carer. The card holder must be available to give information in cases where an under 18 is ordering.
2. All British Admiralty standard navigation charts (numbered 0002 to 4999) and small craft charts are corrected to the latest Notice to Mariners received, but are issued E.& O.E. Imray charts are not corrected to point of sale.
ENTIRE AGREEMENT
These terms and conditions, together with the current southbankmarine.com web site prices, the delivery details supplied by you by email to South Bank Marine Ltd, the information set out on South Bank Marine Ltds acceptance e-mail to you, South Bank Marine Ltds contact details set out on the southbankmarine.com site and the information set out on the invoice sent to you with the goods, comprise together the whole of our agreement relating to the supply of the goods to you by South Bank Marine Ltd. These terms and conditions cannot be varied except in writing signed by a director of South Bank Marine Ltd. In particular nothing said by any sales person on behalf of South Bank Marine Ltd should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by South Bank Marine Ltd. South Bank Marine Ltd shall have no liability for any such representation being untrue or misleading.
THE FOLLOWING CONTRACT TERMS APPLY TO ORDERS NOT ORDERED THROUGH OUR ONLINE SHOP:
Buyer, please note that our best prices are available by purchasing online at www.southbankmarine.com, where special offers are to be found. Charts and publications bought at our premises at 26 Flour Square, Grimsby, North East Lincolnshire, DN31 3LW, (by collecting in person, or by ordering by telephone, fax, email, or letter) are sold at full recommended retail prices as advertised by the publisher. You may find cheaper prices by buying online.
THE FOLLOWING CONTRACT TERMS APPLY TO ORDERS NOT ORDERED ON OUR WEBSITE:
SOUTH BANK MARINE (CHARTS) LTD CONTRACT TERMS AND CONDITIONS FOR SALE OF GOODS & SERVICES NON WEBSITE
1. DEFINITIONS
In these terms and conditions:
Goods means:
Provision of navigational data, and other related publications to the customer in physical or hard format, which may include, but not be limited to, charts, pilots, books, corrections, tracings, guides and handbooks, together with associated tools, equipment and other aids for their practical use, provision of navigational data, and other related publications to the customer, in electronic format(s), which may include, but not be limited to, charts, pilots, books, corrections, tracings, guides and handbooks, together with associated licenses, software tools, equipment and other aids for their practical use.
South Bank Marine means the business unit of South Bank Marine (Charts) Limited pertaining to the provision of Goods.
Defective means, in relation to Goods supplied by the Seller, that they do not function materially in accordance with their specification due to a fault in design, material or workmanship or due to a material discrepancy from the contract description, but Goods are not defective if a malfunction is due to anomalies or changes in transmissions from land or satellite stations however caused;
Intellectual Property Rights means:
Copyright, patents, database rights and rights in trademarks, designs, know-how and confidential information (whether registered or unregistered); applications for registration, and the right to apply for registration, for any of these rights; and all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world.
Proprietary Software Materials means the software, if any, that constitutes or accompanies the Goods supplied under these terms and conditions and licensed under a separate licence agreement.
2. GENERAL
Every contract of sale between South Bank Marine (Charts) Ltd, trading as South Bank Marine, whose principal place of business is located at 26 Flour Square, Grimsby, N.E. Lincolnshire, DN31 3LW (the Seller) and persons contracting with the Seller (the Buyer), whether by direct order or by acceptance of a quotation, is subject to these terms and conditions.
All other conditions and terms whether implied by statute, common law or trade usage or expressed by the Buyer are hereby excluded with the exception of conditions expressly accepted by the Seller in writing and conditions and other terms the exclusion of which is prohibited by law.
Any variation of these terms and conditions shall not be binding on the parties unless set out in writing, expressed to vary these terms and conditions, and signed by authorised representatives of each of the parties.
The provisions contained in each clause and sub-clause of these terms and conditions shall be enforceable independently of each of the others and their validity shall not be affected if any of the others are invalid.
These terms and conditions prevail should they conflict with any INCOTERMS or similar terms. Subject thereto, references to EX WORKS are to the corresponding INCOTERM 2010 for domestic trade, or FCA INCOTERM 2010, for international trade.
3. QUOTATIONS AND PRICE
(a) Any quotation by the Seller constitutes an offer on the part of the Seller, which may be withdrawn or varied at any time by the Seller until receipt of the Buyer’s acceptance. Any order from the Buyer shall constitute the Buyer’s acceptance of the Seller’s quotation and may not be withdrawn by the Buyer.
(b) The prices quoted apply only to the quantities and deliveries specified by the Seller in its quotation or in the acceptance of the Buyer’s order.
(c) For charts and Publications, orders are accepted only on condition that products will be invoiced at the price ruling at the date of actual despatch, unless otherwise agreed between the Seller and the Buyer.
4. TERMS OF PAYMENT
(a) The Buyer shall pay for the Goods and Services without deduction at the price agreed plus V.A.T. (where applicable) excluding any insurance costs and any applicable bank, sales, export or import taxes, for which you must pay in addition within 30 days of invoice date, unless otherwise agreed. (b) In the event that any invoice is overdue for payment, the Seller reserves the right to disallow any discount otherwise available to the Buyer, and to charge interest on any overdue payment, in accordance with the latest U.K. legislation. (c) The Seller reserves the right to invoice, and the Buyer agrees to pay for all Goods when ready for shipment, whenever shipment is delayed pursuant to Buyer’s written instruction or for any other reason beyond the Seller’s control.
5. PACKING
The Seller shall endeavour to prepare all shipments so that they will not break, bend, or otherwise deteriorate in transit, but does not guarantee against such damage. Unless requested in writing by the Buyer, no shipments are insured by the Seller against damage or loss in transit. The Seller will place insurance as nearly as possible in accordance with the Buyer’s written instructions and in such case the Seller acts only as an agent of the Buyer.
6. DELIVERY
The Seller reserves the right to select the means of transport and the routes in the event of not having specific shipping instructions at the time that the Goods become available for shipment. All freight charges will be payable by the Buyer unless otherwise agreed between the Seller and the Buyer. No liability for the delay in delivery will be accepted by the Seller due to act of God, civil or military commotions, fire, labour disturbances, strikes and lock-outs, default by the Seller’s suppliers or courier companies, closure of the recipients premises due to a public holiday, holidays, lunch breaks, or any other cause beyond the Seller’s control. In the event of delay occurring through any such cause, the delivery date shall be extended for a reasonable length of time but not less than the period of the delay.
Dates given for delivery are approximate only and the Seller shall not be liable for any loss or damage resulting from delay unless the delay: a) is of an unreasonable length; and b) is caused by circumstances other than those mentioned in clause 13.
Subject to clause 11 c), the Sellers liability under this clause shall be limited to the value of the Goods that are delivered late.
7. LOSS OR DAMAGE IN TRANSIT
Without prejudice to the provisions of clause 10 and subject to clause 11, the Seller shall not in any case be liable for loss or damage to Goods in transit unless: a) such loss or damage is caused by the Sellers negligence; and the carriers and the Seller are notified thereof in writing, in the case of damage or shortage, within three days of delivery or, in the case of non-delivery, within a reasonable time after the date upon which the Goods would have been delivered in the normal course of events; and b) in the case of damage to Goods, those Goods are returned to the Seller, carriage paid, for inspection within seven days of delivery.
8. NON-PAYMENT
The Seller reserves the right to terminate any unfulfilled contract if: (a) Any payment shall be overdue in respect of this or any other contract between the Buyer and the Seller, provided that the Seller may, as its option, done without prejudice to its rights of termination, delay or suspend deliveries hereunder whilst any such payment shall be outstanding. (b) The Buyer becomes bankrupt or insolvent, or steps are taken towards winding up, or a receiver as administrator is appointed over the Buyer.
9. RETURNS
1. The Seller will not accept any request for credit in respect of goods returned, unless authority is granted in writing. A handling charge of 20 per cent will be made on accepted returns for ‘standard products’. Specially manufactured products will have a handling charge of up to 50 per cent levied against authorised returns. Original postage costs will not be refunded.
2. e-books and all digital items cannot be refunded, the sale is final.
10. WARRANTY
(a) The Seller’s warranty is subject to the Terms of Payment being strictly observed. (b) The Seller warrants that the Goods and Services will comply with the description provided by the Seller in relation to quality and quantity subject to such tolerances as are normally accepted in the trade. The Buyer must notify the Seller in writing of any claim for defect or nonconformity within 7 days of supply. The buyer’s punctual and valid claim will be met, at the option of the Seller by replacement or repair by the Seller or by repayment of any sum paid by the buyer in the repair of the defective goods and faulty workmanship. (c) The above warranty is given by the Seller subject to the following conditions: (i) The Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller’s instructions (whether oral or in writing), misuse or alteration or repair of the goods without the Seller’s approval. (ii) The above warranty does not extend to parts, materials, software or equipment not manufactured by the Seller in respect of which the Buyer shall only be entitled to benefit if any such warranty or guarantee as is given by the manufacturer to the Seller. (iii) Except as expressly provided in this clause the Goods and Services are sold without any warranty whether express or implied and any warranty imposed by common law or statute law or EC law including but not limited to the warranty of the merchantable quality and the implied warranty of fitness for a particular purpose contained in the Sale of Goods Act 1979, in so far as permitted by law, is expressly excluded.
11. TITLE AND RISK
(a) Ownership of the title of the Goods shall not pass to the Buyer until payment in full for the Goods has been made notwithstanding delivery to the Buyer. (b) Until ownership and title of the Goods has passed to the Buyer the Seller may at any time subsequent to the due date for payment for the Goods require that the Goods be returned to the Seller, failing which the Seller shall be entitled to enter the Buyer’s vessel or premises to recover possession of the Goods without relieving the Buyer of its obligation to make payment for the Goods. (c) Notwithstanding that ownership and title remain with the Seller, risk of loss (consequential and/or direct loss) and damage shall pass to the Buyer on delivery of the Goods to the Buyer’s order except where a Carrier is engaged to deliver the Goods in which case delivery is deemed to take place on delivery to the nominated carrier.
12. LIABILITY
(a) Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable for any loss (consequential and/or direct), damage or injury of any kind whatsoever including without prejudice to the generality of the foregoing, indirect or consequential loss or damage, loss of profit or increased costs or expenses occasioned to the buyer or any employee, agent or representative of the Buyer or any other person howsoever caused except as provided by statute or by any provision hereunder. (b) The liability of the Seller in connection with the contract shall not exceed the contract price. (c) The Buyer shall indemnify and hold harmless the Seller against claims at the instance of third parties except to the extent that the Seller is liable under this contract. (d) If for any reason the above sub-clauses are not enforceable, the Seller’ s liability in contract, including negligence or breach of duty (statutory or otherwise), or any other kind of liability whatsoever shall be limited to 25,000 GBP.
13. CANCELLATION
The Seller reserves the right to seek damages for cancelled orders.
14. WAIVER
Any failure by the Seller to enforce any or all of these conditions shall not be construed as a waiver of any of its rights hereunder.
15. THESE CONDITIONS TO PREVAIL
These conditions shall override any terms or conditions sought to be incorporated in any way by the Buyer in the contract. In the event of the Buyer’s terms and conditions containing clauses which are inconsistent with or which purport to exclude the Seller’s conditions in any manner, such clauses shall be of no effect and the Seller’s conditions of sale shall prevail.
16. PROPER LAW AND JURISDICTION
The supply of Goods and Services shall be governed and construed according to the laws of The United Kingdom and any question of interpretation or dispute shall be settled in the Courts of The United Kingdom or, at the option of the Seller, by arbitration in The United Kingdom by an Arbitrator appointed by the Seller in accordance with the provisions of the Arbitration Act 1996 or any statutory re-enactment or modification thereof.