Terms and Conditions
The following are the terms and conditions of trading with Safety Marine Ltd ("Supplier") for the supply of Suppliers goods ("Goods") to any third party ("Buyer").
1.1 The Buyer may make an order for Goods from the Supplier by using the secure on-line order form on the Suppliers web site or by sending a FAX order or by means of a postal or telephone order.
1.2 The Buyer shall be responsible for ensuring the accuracy of the order. By placing an order for the Goods the Buyer shall be deemed to have accepted these conditions of business.
1.3 Under the "Offensive Weapons Act 1996" we cannot and will not sell knives or pyrotechnic flares to anyone under the age of 16. In order to ensure compliance, we only accept orders where payment is made using a credit card that can only be issued to a person over the age of Eighteen.
2. Contract Foundation and Specifications
2.1 No Contract will subsist between the Supplier and Buyer for the sale of any Goods unless and until the Supplier accepts the order by sending an e-mail confirming that the order has been accepted and processed. This Order Acceptance e-mail will be sent subsequent to an Order Confirmation e-mail that is automatically sent by the web site when a Buyer sends an order to the Supplier using the secure web site order page.
2.2 The Supplier cannot guarantee product availability. Should Goods ordered be temporarily unavailable the Buyer shall be notified of the delay in delivery and given the option to cancel the order. If the Buyer does not cancel the Order, the Buyer shall be deemed to have accepted the new delivery date.
2.3 Whilst the Supplier makes every effort to ensure that the Goods descriptions and illustrations contained on the web-site are accurate and current, the Supplier is dependant upon the Goods manufacturer to provide the correct information, and items may be supplied that appear different from the picture, but still operate and function in the same manner.
3.1 Prices quoted on the Supplier web-site are shown inclusive of VAT. For exports to non-EC countries invoices will be free of VAT (Value Added Tax). EC customers who are registered for VAT in their own country can obtain Goods VAT free by providing the Supplier with a company purchase order which clearly states their VAT number and registered company address at the top. Buyers must FAX this purchase order to the Suppliers office FAX number: 00 44 (0)2380 226304.
3.2 Prices are subject to alteration, however any change in price will be notified to the Buyer prior to the Suppliers acceptance of the order.
4.1 Payment for the Goods is always subject to clearance prior to the Supplier dispatching any Goods.
5. Delivery & Returns
5.1 Delivery of the Goods shall be made within 28 days of the Suppliers acceptance of the Order unless an extended delivery date is agreed between the two parties. Delivery of the Goods shall be effected by the Supplier delivering the Goods to the Buyers delivery address as notified on the Buyers order. If pursuant to this clause 5.1, the parties cannot agree an extended delivery date, the Supplier shall be entitled to cancel the order and will refund the full purchase price (if already paid).
5.2 Subject to clause 5.1 any dates quoted for delivery of the Goods are approximate. The Supplier shall not be liable for any delay in delivery of the Goods and time shall not be of the essence in these Terms and Conditions.
5.3 UK Delivery and is normally by UK-Mail Couriers for parcels and all parcels MUST be signed for. Orders for small parts are normally sent via Royal Mail Packet Post. It is the Buyers responsibility to check the carriage cost before placing its order. Carriage charges are additional to the price of the Goods listed and are quoted on the Shipping Info page of the web site including VAT.
5.4 The Buyer shall report to the Supplier, any damage to the Goods during transit to the Buyer within two working days of delivery. This does not affect your statutory rights as a consumer.
5.5 Unused Goods that simply do not meet the Buyers requirement upon delivery may be returned to the Supplier for a refund, including the original carriage charge, within 14-days of delivery. Under the Consumer Contracts Regulations 2014, Buyers will pay all return carriage costs where there is no fault or damage to the goods upon delivery.
5.6 Any items returned in a "Damaged" or "Marked" condition, and any items returned missing parts or accessories will NOT be refunded in full. A re-stocking fee will be calculated based on the degree of wear & tear, or value of the missing parts, and this will be deducted from the original selling price to determine the final refund amount.
6. Warranty Returns
6.1 The Supplier offers a 12-month warranty on all Goods, subject to the Goods being returned to the Supplier for evaluation of any warranty claim. The Supplier must receive notification of any such warranty return from the Buyer before any such Goods are returned to the Supplier. In all circumstances, the Buyer will pay the initial carriage costs to return the Goods to the Supplier. The Supplier shall be entitled to repair or replace any such returned Goods found to be defective under the terms of the warranty free of charge to the Buyer. If for any reason this is not possible, a full refund for the value of the Goods will be offered including any carriage charges paid by the Buyer in purchasing the Goods and also in returning the Goods to the Supplier.
6.2 To the fullest extent permitted at law the Supplier will not be liable for damages arising out of or in connection with the use of this web-site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, of or damage to property and claims of third parties. For the avoidance of doubt the supplier does not limit its liability for death or personal injury to the extent that it arises as a result of the negligence of the Supplier.
6.3 For the avoidance of doubt where Goods are sold under a consumer transaction the statutory rights of the Buyer are not affected by these Terms and Conditions.
7.1 The Supplier shall not be under any liability for any failure to perform any of its obligations hereunder due to Force Majeure. Following notification by the Supplier to the Buyer of such cause, the Supplier shall be allowed a reasonable extension of time for the performance of its obligations. For the purposes of this clause 7.1 "Force Majeure" means fire, explosion, flood, lightning, Act of God, act of terrorism, war, rebellion, right, sabotage or official strike or similar official labour dispute or events or circumstances outside the reasonable control of the Supplier.
7.2 If any provision of these Terms and Conditions is declared by any judicial or any other competent authority to be void, voidable, illegal or otherwise unenforceable or indications to that effect are received by either party from any competent authority then that provision shall be limited or eliminated to the minimum extent necessary so these Terms and Conditions shall otherwise remain in full force and effect and enforceable.
7.3 These Terms and Conditions supersede any prior agreement between the parties whether written or oral under such prior agreements.
7.4 These Terms and Conditions shall be governed by and construed in accordance with the laws of England and the English Courts shall have non-exclusive jurisdiction to decide any dispute concerning these Terms and Conditions or the subject matter of these Terms and Conditions.
7.5 No waiver by Supplier of any breach of these Terms and Conditions by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provisions.