WE ARE TRISKEL MARINE LIMITED (English Company Number 4972465) YOU are our CUSTOMER.
1. MAKING THE CONTRACT
1.1 If we send you a quotation then that quotation does not bind us to sell you the goods, and does not bind you to buy the
goods. We may withdraw the quotation at any time without notice. All quotations lapse after 14 days. If you wish to buy
goods you should sign the acceptance section of this quotation and agree to these Trading Terms and Conditions which
will constitute a formal order. Alternatively, you can send us an official purchase order.
1.2 Your order is an invitation to trade.
1.3 Our acknowledgement of order (or our delivery note if we do not send you an acknowledgement of order) is an offer to
sell only the goods identified in it, at those prices on these terms. As it is based on your order, it will be treated as
accepted and the contract made unless we receive your written cancellation within two working days.
1.4 All goods sold by us are sold on these terms and those on the acknowledgement of order (or our delivery note if we do
not send you an acknowledgement of order); only our directors are able to vary them and then only in writing. No other
terms (other than those on our acknowledgement of order) whether put forward by you or implied by statute shall
apply.
2. CANCELLATION
2.1 Contracts can be varied or cancelled only with our consent. This will be shown only by the issue of a revised
acknowledgement of order.
2.2 If we agree to cancel or vary a contract after we have bought or manufactured goods for it, we may charge a
cancellation fee to compensate us for the expenses of disposal or restocking.
2.3 If we are dependent on a supplier who fails to supply a necessary component of the goods, we will tell you and (if we
are able to), offer you an alternative. If we cannot offer an alternative, or if we do not get your written approval to it
(within seven days) the contract will be void (but only for those goods) and a full refund paid for those goods.
3. PRICE
3.1 The price, unless otherwise stated, excludes:- packaging – delivery – insurance – installation – VAT.
3.2 If we suffer a major increase in costs, we may increase the price; if so, we shall tell you as soon as possible.
3.3 An increase in costs may occur if installing additional items or against the advice of our engineers and where additional
costs of labour and materials are incurred.
3.4 Where we are carrying out a full installation the client will ensure that the boat is ready and available for the installation
at the agreed time and location.
3.5 The boat must be available in the water. Any subsequent visit to fully commission an installation will be charged.
3.6 Where the boat is not ready then any additional costs incurred by us will be invoiced to the client.
3.7 The price given assumes that the boat’s condition is such that no additional works are required to complete a safe
installation.
3.8 Where in our engineers’ opinion additional works are required to ensure the safe installation then the additional works
will be invoiced to the client and if our engineers are not qualified or able to complete those works the client is
responsible for ensuring those works are carried out. Where this delays an installation any additional time or costs will
be charged to the client.
3.9 Where a client has signed a pre-installation agreement for the location of all installed items any changes to locations
will be at the agreement of our engineers and charged to the client. The right of refusal to change locations once on site
always remains with our engineers.
4. PAYMENT TERMS
4.1 10% – Payable on order to secure the installation slot and the client ’s place in the build schedule. This deposit is not
refundable
4.2 80% – Payable three months prior to installation date to cover the cost of purchase and configuration of the system
which has been designed for the client boat. This is non-refundable and is paid to Triskel Marine Ltd to allow for all
items to be purchased and the system designed, built and tested in the UK. If this payment is not received within 7 days
of the invoice date the delivery and installation date will move accordingly.
4.3 10% – Payable on shipping. Please note para 8.1 regarding ownership and title of unpaid goods and services
4.4 We may (at any time) suspend manufacture or delivery unless you give us security for payment (including any deposit
requested). We shall use our best efforts to deliver within a reasonable time afterwards.
5. DELIVERY
5.1 Delivery shall be to the place of installation unless otherwise stated on our acknowledgement of order. The cost of
delivery will be charged to the customer, however this cost will be itemized in the quotation
5.2 The delivery date is an estimation and you may not reduce the price or make a claim against us if the goods are
delivered after then. However, we will make every effort to inform you of any delays in advance
5.3 We have the right to recover all installed goods if the you have not paid us in full for the supply and installation of these
goods
6 RISK
6.1 The goods are at your risk from when you receive them.
7 INSPECTION AND SHORTAGES
7.1 You must inspect the goods as soon as you receive them.
7.2 If you cannot examine the goods, the delivery note must be marked “not examined”.
7.3 We are not liable for shortages or defects that should have been seen on a careful inspection and which you do not
tell us about within 7 days of delivery (and confirm with photographic evidence).
7.4 We are not liable for any other defects unless we receive a written complaint within 7 days of delivery.
7.5 If we are told about defects and shortages within those time limits, we will supply replacements or adjust the price
but otherwise you may not make any claim or reduce the price.
8 OWNERSHIP AND TITLE
8.1 The goods remain our property for as long as any amount remains unpaid for any goods and services provided
8.2 The company may for the purposes of recovery of its product enter upon any premises or the vessel where the
same is stored or where it is reasonably thought to be stored and may possess the same.
9 THE GOODS
9.1 The goods will conform (in material respects) with any sample, but we may improve their composition or
specification without notice.
9.2 The goods will be as described in the acknowledgement of order (but the delivery date is not part of that
description).
9.3 All goods supplied come with manufacturers warranties. Please ask for a copy. Those warranties form part of these
terms for those classes of goods only. We are under no liability under the warranty (or any other warranty,
condition or guarantee) until the total price for the goods has been paid.
9.4 Where we supply batteries as part of any system they must be used as per the manufacturers specification
9.5 Any warranty provided by any 3rd party manufacturer will be passed directly on to you. We are not liable for any
subsequent defects related to these products beyond the manufacturer’s warranty.
9.6 Any warranty claim must initially be made to us. We will advise you of the correct warranty procedure for the
goods in question.
10 OUR LIMITATION OF LIABILITY
10.1 if you are a consumer in that you are an individual and are buying products from us wholly or mainly for your personal
use (not for use in connection with your trade, business, craft or profession) clause 10.2 shall apply. If you are not a
consumer, clause 10.3 shall apply.
10.2 If you are a consumer:
10.2.1 We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it
is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen,
for example, if you discussed it with us during the sales process.
10.2.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes
liability for death or personal injury caused by our negligence or the negligence of our employees, agents or
subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the
products including the right to receive products which are: as described and match information we provided to
you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose
made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for
defective products under the Consumer Protection Act 1987.
10.2.3 we will make good any damage caused by us. However, we are not responsible for the cost of repairing any preexisting
faults or damage that we discover while providing the goods.
10.2.4 If defective goods cause damage and this is caused by our failure to use reasonable care and skill we will either
repair the damage or pay you compensation. However, we will not be liable for damage which was caused by
you failing to correctly follow instructions.
10.2.5 We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic
and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will
be limited as set out in clause 10.3.
10.3 In you are not a consumer
10.3.1 Subject as expressly provided in these terms, all warranties, conditions, representations or other terms implied
by statute or common law are excluded to the fullest extent permitted by law.
10.3.2 Save as otherwise expressly provided in these terms, the following provisions set out our entire liability
(including any liability for the acts and omissions of our employees, agents and subcontractors) whether in
contract, misrepresentation (other than fraudulent misrepresentation) or tort, including negligence or otherwise
howsoever arising.
10.3.3 To the extent the law does not permit such liability to be excluded:
10.3.3.1 we do not exclude or restrict our liability for death or personal injury from our negligence;
10.3.3.2 we accept liability for damage to your tangible property resulting from our negligence not exceeding 1,000,000
for any one incident or series of incidents rising from a common cause.
10.3.4 Subject to clause 10.3.3 above, we shall not be liable for any loss of use, costs of removal, damage caused by
removal, costs of transportation, costs of installation of repaired or replacement goods and making good any
damage caused by removal, increased costs, expenses, loss of profits, goodwill, business, contracts, revenues or
anticipated savings or any type of financial, special, indirect or consequential use including loss or damage
suffered by you as a result of a claim made by a third party) even if such loss was reasonably foreseeable or we
had been advised of the possibility of you incurring the same.
10.3.5 In any event, our total liability is limited to the price of the goods or services under the contract in respect of
which the claim arises, save as provided in clause 10.3.3.
10.3.6 Subject to clause 10.3.3, we shall not be liable for any claim arising from your failure to use goods supplied in
accordance with any written instructions supplied.
10.3.7 You shall indemnify us in respect of any cost, loss or liability arising in connection with any claim made by any
person in connection with the misuse of goods or services provided by us.
10.4 Our promotional materials give general information only unless they are specifically referred to in the
acknowledgement of order form; the goods may vary from any description in them.
11 INDEMNITIES
11.1 Where you are a not a consumer as defined above, you will indemnify us in full against claims or loss arising out of
any negligence, carelessness or breach of any of these terms by you, your employees or agents.
12 EVENTS OUTSIDE OF THE CONTROL OF THE PARTIES
12.1 We are not liable for delays or damages caused by matters outside our reasonable control, such as:- act of God –
war – riots and civil disturbances – fire or explosions – trade disputes British or foreign government action or
regulations – delay by suppliers – accidents shortage of materials, labour or manufacturing facilities or others.
13 USE
13.1 Installation and operating manuals are available for all of our products. You must ensure that (after the goods have
been delivered to you) every person who handles them or has possession of them has full instructions for their
safe use, handling and installation.
13.2 You must use, store, handle and install the goods safely and in accordance with our and/or manufacturer’s
instructions.
13.3 You may not modify or alter the goods or any markings on them in any way without first receiving our written
permission.
13.4 You must ensure that the goods are appropriate for all purposes for which you want them; they are supplied only
on the basis that you have done so and are not relying on any statement we may have made.
13.5 You must not use the goods other than for normal seafaring and general boating uses. In particular you must not
put them to any unusual use such as racing or competition of any kind.
14 BREACH
14.1 You will be treated as having repudiated the contract if you:
14.1.1 become insolvent; or
14.1.2 commit a serious breach or one which is not remedied within 7 days of being asked to do so.
14.1.3 do not make a payment when due; or
14.1.4 fail to accept delivery or give delivery instructions.
14.2 If you repudiate the contract:
14.2.1 all invoices sent to you must be paid immediately;
14.2.2 the price of all goods not invoiced but delivered by us or manufactured or ordered for sale to you must be paid
immediately; and
14.2.3 we will be released from all future obligations under all contracts.
14.3 You may be treated as insolvent if:
14.3.1 you are a company which has a petition for winding up or administration presented against it, or passes a
resolution for winding up;
14.3.2 a receiver of any of your assets is appointed;
14.3.3 you convene a meeting of your creditors
14.3.4 you (or any of your partners) become bankrupt;
14.3.5 you are unable to pay your debts (defined in ss.123 or 286 Insolvency Act 1986);
14.3.6 one of your creditors tries to serve on you a document purporting to be a statutory demand (under ss 123(1)(a), 222(1)
(a) or 268(1)(a) Insolvency Act 1986);
14.3.7 a judgement entered against you (by any creditor) remains unsatisfied after 7 days; or
14.3.8 anything similar happens in a foreign jurisdiction.
15 GENERAL
15.1 Written notices may be sent by post or fax to the address on the acknowledgement of order. If sent by fax, they may be
treated as received on the first working day after transmission. If posted first class on the second working day after
posting.
15.2 You may not transfer your rights under any contract.
15.3 If we do not exercise all of our rights under any contract, that will not constitute a waiver of any of our rights unless
confirmed in writing by us.
15.4 English Law applies; English courts have nonexclusive jurisdiction.
15.5 Every reference to the goods is a reference to each of the goods.
15.6 If any provision of these terms is held by any competent authority to be invalid or unenforceable in whole or in part the
validity of the other provisions of these terms and the remainder of the provision in question shall not be affected.
15.7 These terms and our acknowledgement of order constitute the entire agreement between us and replace and
supersede any other agreements, understandings, representations or statements.
15.8 Our rights under these terms are cumulative.
16 DATA
16.1 The client agrees to allow access to the systems operational data (logged and/or live) in order to facilitate diagnostics if
a support ticket is raised.
