WHAT WE COLLECT
We may collect the following information:
Name and job title
Contact information including email address
Demographic information such as postcode, preferences and interests
Other information relevant to customer surveys and/or offers
WHAT WE DO WITH THE INFORMATION WE GATHER
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
Internal record keeping.
We may use the information to improve our products and services.
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
LINKS TO OTHER WEBSITES
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
CONTROLLING YOUR PERSONAL INFORMATION
You may choose to restrict the collection or use of your personal information in the following ways:
Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to us at: Zephyr Yachting France 11 Rue Fontvieille, 06600, Antibes, France.
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen. You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please contact us on: email@example.com If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
1) Service Description
i) Zephyr Yachting France provides training courses for entry into the yachting industry and pleasure boaters. All training courses supplied to our clients are subject to these Terms and Conditions and apply for each individual training class booked. These Terms and Conditions are deemed as accepted on confirmation of the booking by a deposit payment and a completed booking form.
2) Our clients Rights and Obligations
i) Training courses which have course pre-requisites and/or sea time requirements can only be attended if those requirements are met. Any certificates and sea time records will need to be confirmed by the candidate at the time of booking, and documentary evidence presented on the first day of the course to office staff and/or to the training instructor. Zephyr Yachting France is not liable for any loss, damage, cost, expense or other claims incurred by the Candidate who cannot attend the course as result of inability to produce documentary evidence of the prerequisites or of sea time requirements.
ii) All courses require you to reach a certain standard at which the relevant certificates can be awarded. Certificates can only be awarded to those reaching that standard however if for whatever reason further time is required to reach the standard we will create an action Plan to help you achieve the award if possible.
iii) The training courses that involve a practical component require the Candidate to be in good physical condition. Our clients will be required at the time of the course, to fill a health questionnaire to ensure your medical information is up to date and presents no risk to the activity about to be provided, which is then reviewed and stored only for the duration of the course. Please disclose any medical condition or relevant medical treatment to the instructor that may affect their participation in the course.
iv) The client acknowledges that there are inherent dangers involved in training activities and understand and agree to sign the booking form holding Zephyr Yachting France and its instructors free of liability in the event of an accident, death, injury or damage to person or property, excluding cases of negligence or deliberate act.
v) All training courses have an attendance requirement. Zephyr Yachting France reserves the right to withhold the Candidate’s certificate if an absence of more than one hour is noted by the instructor.
vi) Smoking is not permitted on any training vessel. Drinking alcohol and/or taking drugs whilst driving a vessel is strictly prohibited. Course participants agree not to consume alcohol during the course.
vii) Zephyr Yachting does not accept responsibility for death of, or injury to the client or loss or damage of the client’s property, unless it is deemed to be at the neglect of Zephyr Yachting.
3) Bookings and Payments
i) The price of our training courses is specified in the price list in the course brochure published at the time of booking and listed on the website. The advertised price for the specified training courses include the cost of course materials, such as course notes and/or pre-study material. Examination fees are payable directly to the RYA in GBP and are specified on the booking form. These prices are not inclusive of added value taxes and in some cases TVA may be applicable.
ii) Promotional prices advertised by Zephyr Yachting France are valid for the time specified and are only applicable when a valid promotional code is provided.
iii) We will be using the information you have given us to print your certificates. If your details are not correct there may be a cost involved if a replacement certificate is required. Please ensure all personal details provided are clear and correct. The amount of the fee is dependent on the date of the issue of the original certificate.
iv) Bookings are only confirmed by the payment of a specified deposit and the completion in full of a booking form. Any booking without a deposit payment is considered an inquiry only and the Client will be placed in a waiting list if the course is fully booked.
v) Any course materials, such as course notes or pre-study material, will be delivered promptly to the Candidate, on payment of the deposit to confirm the booking, either as a printed copy or electronically.
4) Cancellation and Refund Policy
i) Zephyr Yachting France shall deliver training courses as far as reasonably possible and will do its best to deliver all programmed courses. However, if an insufficient number of bookings is received for any course, Zephyr Yachting France reserves the right to cancel that course. In the unlikely event of Zephyr Yachting France cancelling a course, Our clients will either be offered an alternative date or be refunded of any pre-paid fees. In the event of Zephyr Yachting France cancelling any course, Zephyr Yachting France will not be held liable for any additional expenses incurred by the client such as pre-booked travel.
ii) In the event of the client wishing to cancel your place on the course the following terms apply:
(a) Greater than four weeks’ notice: course fee repaid less the deposit
(b) Between four and two weeks until your course: full cost of course due unless places can be ‘resold’ in which case liability is limited to administration charges. Whether we are able to resell your place may not become clear until the date of the course.
(c) Less than two weeks’ notice: full cost of course is due.
(d) In the event that you need to change the date of your course then we will do our upmost to accommodate the change at no further cost. This is dependent on the notice given and thus our ability to ‘resell’ your place – as per the terms above
iii) In the event that you fail to attend your chosen course then you are liable for the full cost of your course.
5) Zephyr Yachting France Property
i) Any intellectual property rights, including copyright, arising from or in connection with the delivery of the training courses, belong to Zephyr Yachting France unless otherwise agreed in writing between Zephyr Yachting France and the Candidate.
ii) Client(s) provided with equipment such as waterproofs etc. are responsible for the safe return of them at the end of each day or the Course. Damage to any items beyond normal wear and tear may render the client liable to either pay for the item in full or to pay the amount to Zephyr Yachting France as compensation (as determined by the company)
i) By signing the booking form you consent to any photos that are taken of you during training being used in public material, i.e. Facebook, our website or print advertising. You also consent to any feedback given to the Zephyr Yachting France being used in publicity material. You have the right to refuse this please do so by informing the office and your instructor.
ii) Zephyr Yachting France shall protect the privacy of our clients who book and attend training courses. Any information given will be used according to the current Data Protection Laws and collected only with the explicit consent of the Candidate. The information shall be held in a secure manner and only shared with the competent and necessary authorities for certification purposes as detailed below.
iii) The Candidate will be able to check the information held by Zephyr Yachting France by contacting the main office. Any inaccuracies will be deleted or corrected promptly.
iv) The Candidate information shall remain confidential and shall be disclosed to the extent that the information is required to be disclosed by law.
v) Zephyr Yachting France will store the information provided by the client on our secured GDPR compliant database. A physical copy of the booking form will be stored for 12 months. Should you wish for us to remove your data from our storage systems please do so by informing the training department.
vi) The Candidate will retain the right of opting out of receiving any emails or any other publicity material from Zephyr Yachting France.
vii) Soecific Course category Terms
(d) RYA Shorebased Course: On successful completion of your RYA shorebased theory course your name, certificate number and date of issue will be stored for up to 7 years. This information allows us to verify or replace your certificate if required. Should you wish for us to remove your data from our storage systems please do so by informing the training department. However please be aware that neither Zephyr Yachting nor the RYA will be able to replace or verify your certificate in the future.
viii) For all Courses with a written exam Completed examination papers will be held by Zephyr Yachting France for five years
7) Complaints Procedure
i) Any legal disputes shall be filed with tribunal d’Antibes.
ii) in the unlikely event that you are concerned with any aspect of your course please raise your concerns initially with the instructor(s). If this does not resolve the issue then please contact the office on a week day to discuss your concerns with the director Colin Hamilton.
8) Specialist Terms
i) Own boat tuition: tuition is provided on the following bases:
(a) A client who seeks ‘owner boat tuition’ will also be sent a separate document detailing the equipment required on the boat. It is a condition of the booking that the client (s) boat satisfies the conditions detailed within this document.
(b) The vessel is insured by the owner for loss, damages and legal liability to third parties
(c) The client remains the skipper and legally responsible for the safe management of the vessel at all times (including when under tuition) and will not hold the company responsible for any loss or damage.
(d) The client undertakes to secure the consent of the insurers to this agreement
(e) When marine fees/ short stay charges etc are incurred these are the responsibility of the client.
(f) The client(s) will ensure their boat is in an appropriate mechanical state for the course to be run. Where a course needs to extend due to delays resulting from problems with the vessel additional time will be charged at our standard rates. When the company needs to provide a vessel to replace a client’s own boat on a course then this will be at our standard charter rates.
ii) Individuals intending to obtain the International Certificate of Competency (ICC) are advised to check the RYA website (www.rya.org.uk) to ensure they satisfy the RYA rules for eligibility for the issue of this certificate. The Company cannot be held responsible if an individual books a course with a view to subsequently obtain an ICC but the RYA reject the application.
iii) Children’s Power Boat Courses: the company runs Level 1 courses for 8-18 year olds, whilst those between 12 to 18 can attend the level 2 courses. All certificates issued will be endorsed in line with the RYA requirements which are usually detailed in the relevant Logbook.
- The Order shall only be deemed to be accepted when an authorised representative of the Company has signed the Order Confirmation, at which point and on which date the Contract shall come into existence (Commencement Date).
- The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Company which is not set out in the Contract.
- These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
- Any quotation given by the Company shall not constitute an offer, and is only valid for a period of 20 business days from its date of issue.
- The Company reserves the right at any time to reasonably ary the price stated in the Order Confirmation. Any such variation in price shall reflect an increase in the Company’s actual costs for the supply of the Services, labour and/or materials.
3) SUPPLY OF SERVICES
- The Company shall supply the Services to the Customer in accordance with the Contract in all material respects.
- The Company reserves the right to vary the method of delivery of any Services from time to time without notice to the Customer
3) INSURANCE AND INDEMNITY
- The Customer must have in force for the Contractual Period a comprehensive Marine Insurance Policy covering the Vessel, its equipment and any third party liabilities for a minimum indemnity of £5,000,000.
- In the event of any claim being made against the Customer’s insurance, the Company shall not be liable to the Customer for any insurance excess or any other charge associated with any claim.
4) DELIVERY DATE
- Delivery dates are given by the Company to the Customer in good faith but the Company does not guarantee delivery on the delivery date stated in the Order Confirmation.
- The Company may require an initial payment from the Customer in order to cover its reasonable expenses in connection with an Order. If required, the amount of the initial payment shall be stated in the Order Confirmation and is payable by the Customer to the Company on issue of an Order Confirmation.
- The total price or the balance of the total price for the Services shall become due to the Company by the Customer at the date stated in the Order Confirmation.
- Following the receipt of the Order Confirmation, the Customer shall not be entitled to cancel the Order for any reason whatsoever without the prior written consent of the Company.
- In the event the Customer purports to cancel the Order, or in the event that the Company terminates the contract in accordance with these Terms of Business, the initial payment shall be non-refundable to the Customer.
6) CUSTOMER OBLIGATIONS
- The Customer warrants that:
- It is the legal owner of the Vessel, or is otherwise legally authorised to act on behalf of the Vessel’s legal owner and can produce documentation to demonstrate this to the satisfaction of the Company;
- The Vessel and its equipment and machinery are in a good seaworthy condition and are adequate for the Company’s provision of the Services as detailed in the Order Confirmation;
- Any documentation relating to the Vessel deemed necessary by the Company for the efficient and legal delivery of the Vessel will be supplied to the Company at the Company’s request.
- The Customer will indemnify the Company and its representatives from any tax, fee, levy or any other charge that may already be, or may become, payable by the Vessel, its owner or the Customer for any reason however arising or by virtue of the Company’s provision of the Services.
7) COMPANY OBLIGATIONS
- The Company shall supply adequately trained and experienced crew for the performance of the Services and the delivery of the Vessel.
- The Company’s representatives will take reasonable care to pack and stow interior items on board the Vessel before onward transport on board ship or by road (if applicable), however, the Company cannot guarantee the actions of any third parties who may have proper cause to enter the Vessel following the end of the Contractual Period.
- When navigating the Vessel, the Company’s representatives shall operate the Vessel within the stated limits of the Vessel’s operating performance and in full observance of, and in a manner consistent with, the practices of good seamanship.
- The Company shall keep the Customer reasonably informed as to the progress of the Services and shall notify the Customer as soon as is possible in the event of any major incident likely to result in a delay to the delivery date, or in the event of any damage being occasioned to the Vessel.
- During the Contractual Period, the Company shall maintain professional liability insurance offering cover in the minimum amount of £5,000.000.00
8) DAMAGE AND LIABILITY
- The Company shall not be liable for any loss or damage of whatsoever nature sustained to the Vessel, its equipment, machinery, interior or any property within the Vessel, however arising and by whomever caused, (including acts or omissions of third parties), and that caused by any negligence of the Company and/or it’s representatives unless it is proven that such loss or damage resulted solely from the Company’s personal act(s) or omissions, committed with the intent to cause such loss or damage, or recklessly, and with knowledge that such loss or damage would result.
- The Company shall not be labile for any damage or loss of any nature caused by a pre-existing fault within the Vessel, its equipment or machinery, where such a fault was not reasonably apparent to the Company’s representatives at the commencement of the Contractual Period.
- In any event, the Company or any of its representatives shall not be liable for any losses resulting from a delay to the delivery of the Vessel, including any claims for loss of use of the Vessel, or any other incidental or consequential damages however arising and whether or not foreseeable at the time of the Customer placing the Order.
9) PERIOD OF RESPONSIBILITY
- The Company shall assume responsibility for the Vessel at the time and place stated in the Order Confirmation and upon the Customer’s surrendering of the Vessel into the full control of the Company or its representatives, and shall remain responsible for the Vessel until the Company delivers the Vessel to the place stated in the Order Confirmation (Period of Responsibility).
- Where the Order Confirmation states that the Vessel is to be delivered to a commercial ship or quay for onward transport by sea or road, the Period of Responsibility shall deemed to have ended in the instant the Vessel is made secure to the ship or quay specified in the Order Confirmation, or as otherwise agreed between the customer and the Company.
- Prior to the commencement of the Period of responsibility, a general inspection of the Vessel shall be undertaken by the representatives of the Company to ascertain the condition of the Vessel.
- If the Company decides that the Vessel is not adequately equipped or is in any way unsafe or inadequate to undertake the performance of the Services, the Company shall be under no obligation to continue to supply the Services to the Customer and shall be entitled to retain from the initial payment, or otherwise recover from the Customer, any costs reasonably incurred by the Company in connection with the Order.
- The Company assumes no responsibility for the condition of any part of the Vessel or its equipment which is not possible to be inspected by the Company prior to the Period of Responsibility, including any underwater components or machinery, or any other aspect of the Vessel which is impossible to be fully inspected by the Company prior to the commencement of the Period of Responsibility.
10) WARRANTIES AND EXCLUSIONS
- The Company does not warrant:
- Any measure of performance of any goods serviced or supplied by the Company.
- The condition of the Vessel’s batteries in any instance, including when the Vessel is traveling as cargo on board ship, is left afloat alongside, is placed in dry storage or in any other instance following the Company’s assumption of responsibility for the Vessel.
- The Company shall not be liable for any damage caused to any part of Vessel or its components when such damage is caused by the Vessel’s collision with uncharted submerged or semi submerged obstructions, floating debris, flotsam, jetsam, marine wildlife or any other obstruction which may reasonably be considered as a peril of the sea.
- The Company or its representatives shall not be liable for any damage caused to the Vessel, its equipment, rig, machinery or any other property associated with the Vessel which may result from operations associated with the lifting of the Vessel, including any damage to the Vessel’s underwater components caused by lines, chains, warps, slings, strops or any other securing or lifting equipment, whether submerged or visible.
- The Company shall not be liable for any damage caused to the Vessel and its equipment by the actions or omissions of third parties, including the operators of other vessels, marina operatives, divers, stevedores, loadmasters or any other party not acting under the direct control of the Company.
11) VALUE ADDED TAX
- Except where otherwise stated the quotation is exclusive of VAT. The Company will charge VAT and other taxes as may be required by current European legislation.
12) LAW AND JURISDICTION
- The Contract shall be governed by and construed in accordance with French law and the Courts of France shall have no-exclusive jurisdiction in respect of any dispute or other matter rising hereunder.
- If any term or provision in these Terms of Business shall be held to be void in whole or in part under any enactment or rule of law such term or provision or part shall to that extent be deemed not to form part of the Contract but the validity and enforceability of the remainder of the Contract shall not be affected
Zephyr Yachting France Sales Terms and Conditions
Any reference in this Agreement to any provision of a statute shall be construed as a reference to that provision as or as may have been amended, re-enacted or extended at the relevant time.
- SALE AND PURCHASE
- The Seller agrees to sell and the Purchaser agrees to purchase the Goods free of all debts, liens, claims, and/or other charges in accordance with these Conditions in consideration for the Total Price.
- This Agreement will be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Purchaser purports to apply under any purchase order, confirmation of order, specification, or other document). For the avoidance of doubt, no terms or conditions endorsed upon, delivered with, or contained in, the Purchaser’s purchase order, confirmation of order, specification, or other document will form part of this agreement simply as a result of such document being referred to in this Agreement or at all.
- The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing. By agreeing to purchase the Goods, the Purchaser acknowledges that he does not rely on any representations that are not so confirmed.
- The quantity, quality and description of, and any specifications of, the Goods shall be those notified by the Seller to the Purchaser and the Purchaser acknowledges that all other drawings, descriptions, specifications and advertising issued by the Seller and any drawings, descriptions, or llustrations contained in the Seller’s catalogues and brochures (if any) are issued or published for the sole purpose of giving an approximate idea of the Goods described in them and so do not form part of these Conditions.
- No part of these Conditions may be cancelled or varied by the Purchaser except in accordance with Condition 13 and on the terms that the Purchaser will indemnify the Seller in full against all losses (including loss of profits), costs, damages, charges and expenses (including legal fees) incurred by the Seller as a result of such cancellation or variation.
- PRICE AND PAYMENT
- The Seller hereby reserves the right to increase the Total Price of the Goods, by giving written notice to the Purchaser, to reflect any increase in the cost to the Seller which is due to any factor beyond the Seller’s control, (including without limitation, any foreign exchange rate fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture); any change in the delivery date or specifications of the Goods which are requested by the Purchaser; or any delay caused by any instructions of the Purchaser or failure of the Purchaser to provide adequate information and/or instructions to enable the Seller to perform its obligations under these Conditions.
- The Seller shall be under no obligation to commence carriage of the Goods to the delivery address unless and until the Seller has received in cleared funds in full the Total Price, or proportion hereof due under these Conditions on or before Delivery.
- The Purchase Price is exclusive of any applicable value added tax, sale or import taxes or levies of a similar nature which are imposed or charged by any competent fiscal authority in respect of the Goods.
- The Purchaser is responsible for all and any such charges and the Seller shall notify the Purchaser of such charges as soon as reasonably practicable after becoming aware of the same. The Purchaser shall pay such charges to the Seller, or payee as the Seller may direct, on demand by the Seller. Such charges shall form part of the Total Price payable under these Conditions.
- Failure by the Purchaser to pay on time and in full the Total Price or any instalment thereof in accordance with these Conditions shall entitle the Seller, without prejudice to any other right or remedy available to the Seller at its sole discretion, to:
- suspend any outstanding work or deliveries or cancel the contract relating to the Goods;
- Appropriate any payment made by the Purchaser to such of the Goods as the Seller may think fit, notwithstanding any purported appropriation by the Purchaser.
- Charge interest on any amounts outstanding (both before and after judgement) at 4% above the Bank of England base rate.
- All bank charges regarding payment are to be for the account of the Purchaser.
- All payments payable to the Seller under these Conditions shall be due immediately on its termination despite any other provision.
- The Purchaser shall make all payments due under these Conditions in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise.
- The Seller may apply any payments received from the Purchaser under these Conditions to settlement of the Total Price or to such other outstanding invoices that may exist from time to time between the Purchaser and the Seller.
- DELIVERY AND HANDOVER
- The Seller shall deliver the Goods to the Purchaser at the location agreed in writing between the Seller and the Purchaser (“Delivery”).
- The delivery date of the Goods is approximate only and failure to comply with such dates shall not constitute a breach of these Conditions and the Seller will not be liable for any delay in Delivery of the Goods, howsoever caused. Time for Delivery shall not be of the essence in relation to these Conditions unless previously agreed by the Seller in writing. The Goods may, at the Seller’s option, be delivered by the Seller and paid for by the Purchaser in advance of the quoted delivery date by the giving of reasonable notice to the Purchaser.
- Where the Purchaser fails to accept Delivery of the goods on the delivery date then, without prejudice to any other right or remedy available to the Seller, the Seller may at its option:
- store the Goods until actual Delivery and charge the Purchaser for the costs (including insurance) of storage; or
- if the Purchaser has not taken Delivery of the Goods within 14 days of the advised delivery date, sell the Goods at the best price readily obtainable and (after deducting all storage and selling expenses) account to the Purchaser for the excess over the Total Price under these Conditions or charge the Purchaser for any shortfall below the Total Price under these Conditions.
- RISK AND THE PASSING OF TITLE
- The risk in the Goods shall pass to the Purchaser on Delivery of the Goods and the Purchaser shall properly insure the Goods in his name from the date of Delivery. Subject to Condition 5.2, title to the Goods shall also pass to the Purchaser on Delivery of the Goods.
- The Seller shall be entitled to recover payment for the Goods notwithstanding that ownership of the Goods has not passed from the Seller.
- Where the Purchaser fails to accept Delivery of the goods on the delivery date then, without prejudice to any other right or remedy available to the Seller, the Seller may at its option:
- All specifications are approximate only and are subject to normal margins of tolerance for the materials and construction in question.
- Whilst the Seller shall endeavour to supply the Goods in accordance with the specifications prevailing at the time of these Conditions it reserves the right notwithstanding the above to vary the specifications without notice in the light of changes in technical knowledge, production techniques, Government or other regulations, consideration for safety or other reasonable cause. The Delivery of the Goods conforming to the Seller’s prevailing design and specifications at the time of delivery shall be good and sufficient performance of these Conditions by the Seller.
- Any alterations or additions to the specification of the Goods which may be required by the Purchaser and which are agreed by the Seller in writing shall be charged for in addition to the Total Price.
- The Seller shall use its best endeavours to assign any warranty/guarantee provided by the manufacturer/supplier of the Goods to the Purchaser, or where possible such warranty/guarantee shall be issued in the name of the Purchaser.
- No warranty is provided by the Seller in respect of the Goods, and the Seller will not be liable for damage to the Goods howsoever arising, including but not limited to damage arising from fair wear and tear, wilful damage, failure to follow the Seller’s and/or manufacturer’s instructions (either oral or in writing), accident, acts of third parties, misuse or alteration or repair of the Goods, environmental conditions or other causes beyond its control.
- Except as expressly stated in these Conditions, all warranties whether express or implied by statute, common law, or otherwise (including but not limited to fitness for purpose) are hereby excluded to the fullest extent permitted by law.
- LIMITATION OF LIABILITY
- Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Purchaser by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of these Conditions, for any loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods (including any delay in supplying or any failure to supply the Goods in accordance with these Conditions or at all) or their use or resale by the Purchaser and the entire liability of the Seller under or in connection with this Agreement shall not exceed the price of the Goods, except as expressly provided in these Conditions.
- Nothing in these Conditions attempts to exclude or limit the Seller’s liability for death or personal injury caused by the Seller’s negligence or for fraudulent misrepresentation.
- Any technical or other information contained in the Seller’s advertising, sales and technical literature is provided for general guidance only and forms no part of these Conditions unless expressly agreed in writing.
- FORCE MAJEURE
- The Seller shall be under no liability for any delay or failure to perform in the event that the manufacture, supply or Delivery of the Goods is prevented or delayed by any act or circumstances beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control;
- Act of God, explosion, flood, tempest, fire, accident, drought;
- Legislation, restrictions, regulations, bylaws, prohibitions or measures of any kind on any part of any government, parliament or local authority;
- War or threat of war, sabotage, insurrection, civil disturbance or requisition;
- Failure of power supply or breakdown in machinery;
- Lock-out strike or other action taken by either employees or the Seller or a third party in contemplation of furtherance of a trade dispute; and
- Difficulties and/or any inability to procure materials/labour, parts or machinery required for the performance of this Agreement.
- WAIVER AND SEVERANCE
- Any indulgence granted by the Seller to the Purchaser and any failure by the Seller to insist upon strict performance of these terms shall not be deemed a waiver of any of the Seller’s rights or remedies nor be deemed a waiver of any subsequent default by the Purchaser.
- The invalidity in whole or in part of any Condition in these Conditions shall not affect the validity of the remainder of such Condition or these Conditions.
- These Conditions are between the Seller and the Purchaser as principals and is not assignable by the Purchaser. The Seller may without consent assign or sub-contract all or any of its rights and obligations hereunder.
- If either party becomes insolvent or goes into bankruptcy, receivership, administration or liquidation, the other party may forthwith on written notice terminate the sale and purchase contract relating to the Goods without incurring liability to that party and without prejudice to its rights which may have accrued up to the date of termination.
- Either party shall be entitled to terminate the contract relating to the Goods by written notice to the other party, without incurring any liability to the other party and without prejudice to its rights which may have accrued up to the date of termination, if the other party has committed a breach of these Conditions and has been given written notice to remedy such breach but has failed to do so within 14 days of that written notice and has not referred the matter to dispute resolution pursuant to Condition 19.
- If the Purchaser seeks to terminate the contract relating to the Goods other than in accordance with the above Condition then the Purchaser hereby agrees to indemnify the Seller in full against all losses (including loss of profit), costs (including costs of all labour and materials used and/or procured in connection with the Goods), damages, charges and expenses (including legal fees) incurred by the Seller as a result of such termination.
- In the event that the contract relating to the Goods is terminated by either party, the Purchaser agrees to indemnify the Seller in full in respect of all costs and expenses incurred by the Seller up to the date of termination. Further, in the event that the Seller terminates the contract relating to the Goods pursuant to the clause, the Purchaser further agrees to pay to the Seller an amount equal to the Seller’s loss of anticipated profit, as notified by the Seller to the Purchaser.
- Subject as herein provided and to any rights and obligations accrued prior to termination neither party shall have any further obligations to the other under these Conditions, save that notwithstanding termination, no party shall by virtue of such termination be relieved from any of its obligations which is expressly, or by implication, intended to come into force on or after termination.
- INTELLECTUAL PROPERTY
- Any copyright and other intellectual property rights in all drawings, reports, documents and computer-generated data prepared by the Seller shall remain the property of the Seller.
- Photographs reproduced on the Seller’s website and promotional material are re-produced with the owner and/or manufacturer’s permission and any intellectual property in the same remains with the manufacturer and/or owner as applicable.
- PURCHASER WARRANTIES
- The Purchaser hereby warrants that:
- It is legally capable of entering into the contract relating to the Goods; and any information provided to the Seller, in connection with these Conditions, and whether provided before or after the date of the contract relating to the Goods is accurate and complete.
- THIRD PARTIES
- For the purposes of the Contracts (Rights of Third Parties) Act 1999, these Conditions and/or the contract relating to the Goods do not and are not intended to give rights to enforce any of its provisions to any person who is not a party to it.
- Any notice served under these Conditions shall be in writing and shall be sufficiently served if delivered personally or posted to the last known address or sent by email or facsimile. Any notice shall be deemed received within 48 hours after the time of posting and any notice given by facsimile or email shall be deemed to have been received within 48 hours after dispatch to the correct email address of the addressee.
- ARBITRATION AND GOVERNING LAW
- These Conditions shall be governed by and construed in accordance with English law and both parties hereby agree to submit to the exclusive jurisdiction of the English Courts.
- In the event that a dispute between the parties arising out of or in connection with these Conditions cannot be resolved between the parties, the parties shall first consider, as an alternative to court proceedings resolving the matter by arbitration in accordance with the provisions of the Arbitration Act 1996.