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Terms & Conditions of Sale
1. All contracts will be on these conditions to the exclusion of all other terms and no variation of them will be valid unless agreed in writing by a Director of Dive Force Marine Limited. Your order shall not be deemed accepted until Dive Force Marine Limited issue a confirmation of order.
2. Dive Force Marine Limited quotations are valid for 30 days from the date Dive Force Marine Limited issue them and the price of the goods (and services if applicable) is as listed in Dive Force Marine price list as at the date of delivery. As may be relevant to the transaction You must add value added tax, duties, levies, packaging, carriage costs and insurance costs to the price, which You shall pay.
3. You must pay Dive Force Marine Limited in full from the date of its invoice without any deduction, set-off or withholding. You must pay Dive Force Marine Limited on time and Dive Force Marine Limited must have cleared funds. If not, Dive Force Marine Limited may cancel the Contract and suspend further deliveries of goods or performance of services to You until payment of all outstanding amounts is made in full. PLEASE ALSO READ PARAGRAPH 10.
4. If you are late in paying Dive Force Marine Limited, in addition to any other remedy we may have, Dive Force Marine Limited may claim interest from You under the Late Payment of Commercial Debts (Interest) Act 1998.
5. All delivery and performance times and dates are estimates only and are not of the essence.
6. If You (1) request that delivery be postponed or (2) refuse to accept delivery or (3) fail to give Dive Force Marine Limited adequate delivery instructions, then (a) risk of damage to or loss of the goods will pass to You and; (b) the goods will be deemed to have been delivered and; (c) Dive Force Marine Limited may store the goods until actual delivery and charge You for all related costs including insurance for storage and; (d) Dive Force Marine Limited may increase the price according to price lists applying at time of actual delivery and (e) Dive Force Marine Limited may sell the goods at the best price readily obtainable and charge You for any shortfall below the price under the contract.
7. Dive Force Marine Limited shall have no liability to You for non-delivery or shortfall in the quantity of goods delivered or poor performance of the services unless You write to tell Dive Force Marine Limited within 48 hours from the time of delivery or performance.
8. Dive Force Marine Limited warrant that on delivery, the goods will be of satisfactory quality and free from any defects in workmanship or materials and that the services will be performed with reasonable care and skill. Dive Force Marine Limited give no other warranty to You in relation to the goods or services and that the services will be performed with reasonable care and skill. Dive Force Marine Limited give no other warranty to You in relation to the goods or services.
9. You must write to tell Dive Force Marine Limited within 48 hours of delivery if You claim that there is a defect in the quality or condition of the goods or the performance of the services and You shall not be entitled to reject the goods or services and shall be bound to pay the price if You fail to do that. It is your responsibility to return defective goods to Dive Force Marine Limited premises for inspection if Dive Force Marine Limited ask You to. Where You comply with this condition, Dive Force Marine Limited shall, at our option, replace or repair the defective goods or refund the price to You only.
10. Risk of loss, damage or deterioration in the goods shall pass to You when despatched from Dive Force Marine Limited premises but You shall not own the goods until Dive Force Marine Limited have been paid in full for them, which means when we have received cleared funds for (a) the price of the goods and services; and (b) all other sums due to Dive Force Marine Limited by You under or arising out of any contract.
11. Until You own the goods You must hold them on Dive Force Marine Limited behalf (but without You owning them), keep them safe, insured and separate and identifiable from all of Your other goods. If You owe Dive Force Marine Limited any monies on under or arising out of any contract which are overdue, Dive Force Marine Limited may (in addition to any other rights Dive Force Marine Limited may have) enter any land or buildings where the goods are or may be stored to repossess them and You grant Dive Force Marine an irrevocable licence so to do. Dive Force Marine Limited shall also be entitled to seek an injunction to prevent You from selling, transferring or otherwise disposing of the goods, subject always to paragraph 12.
12. Dive Force Marine Limited do not accept any liability to You or to others in connection with the contract for loss of profit, loss of business, depletion of goodwill, loss of opportunity, loss of data, loss of use, loss of contracts, loss of expected savings or interruption to your business ("Losses"). If however, we are found to be liable to You or to others for any of the Losses or for breach of contract, misrepresentation, misstatement or other tortious acts or omissions, including negligence, arising under or in connection with the contract Dive Force Marine Limited maximum liability shall be the price paid by You to Dive Force Marine Limited under the contract. If it is found that to limit our liability to this amount is unfair then Dive Force Marine Limited shall only be liable to You for the matter described in this condition for up to the contract value being the extent of our insurance cover.
13. Nothing in these conditions excludes Dive Force Marine Limited liability to You for fraudulent misrepresentation or for death or personal injury resulting from Dive Force Marine Limited negligence.
14. Dive Force Marine Limited reserve the right to defer the date of delivery or to cancel the contract or reduce the volume of the goods ordered by You or change the services (without liability to You) if Dive Force Marine Limited are prevented from or delayed in the carrying on of Dive Force Marine Limited business due to circumstances beyond Dive Force Marine Limited reasonable control for example, industrial disputes, act of God, government actions, hostilities, terrorist attack, terrorist activity, accident, breakdown of plant or machinery, fire, flood, storm, disease, epidemic, import or export regulations or embargoes. If the event in question continues for a continuous period in excess of 20 days You shall be entitled to give notice in writing to Dive Force Marine Limited to terminate the contract.
15. Any notice necessary under these Conditions shall be in writing addressed to the other party at its registered office or principal place of business and may be delivered personally or by fax, first class recorded delivery post or first class air mail letter. A notice shall be deemed to have been served (if personally delivered) at the time of delivery or (if sent by first class recorded delivery post) forty-eight hours after posting or (if sent by first class air mail letter) ninety-six hours after posting or (if sent by fax) at the time of transmission.
16. Unless the right of enforcement is expressly granted, it is not intended that a third party should have the right to enforce a provision of this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.
17. No waiver Dive Force Marine Limited or any breach of the contract by You shall be considered as a waiver of any subsequent breach of the same or any other provision and no failure to exercise or delay in exercising any right or remedy under the contract shall constitute a waiver of that right or remedy.
18. If any of these conditions is, or at any stage in the future becomes invalid, illegal or cannot be enforced in law, it will not affect the other terms which will stay in force.
19. If there is a dispute between You and Dive Force Marine Limited, we both agree that the Courts of England and Wales will be the only courts with the power to deal with the dispute and that English law will apply.
Dive Force Marine Limited
30 Sep 2020