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Terms and Conditions.
Definitions
1.
Crystal Covers hereon referred to as “the company”
2.
All covers,
upholstery, sails and equipment etc “goods” Quotations/Estimates
3.
Quotations/estimates
given by the company are subject to acceptance within the valid date as provided.
All quotations/estimates are given in good faith and based on specifications, information,
materials and labour costs available at that time. The company reserves the right
to revise such quotations/estimates should any further information or circumstances,
outside the company's control, arise.
4.
Subject to agreement to the contrary,
any delivery date is given in good faith and is not guaranteed. However, delivery
shall be within a reasonable period of time of any date specified, bearing in mind
all the circumstances of the particular potential order.
Orders
5.
Unless otherwise
specified, our terms for new constructions are a 30% non-
6.
An order acknowledgement with an
estimated completion date is given in good faith on the understanding that all relevant
information and deposit has been received. The estimated completion date shown on
an order acknowledgement denotes the estimated “in house ex-
7.
The company will
not, unless otherwise agreed by them in writing, use existing covers/cushions as
templates or use existing aluminium frames in the construction of new canopies.
Flat templates such as dodgers or sailcovers may be used as templates after examination
and acceptance by the company and at the owner's discretion and risk.
8.
If, in
the course of executing any work, the company find any defect in the goods that,
in their opinion, should be rectified without delay and before the owners consent
can be reasonably obtained, the company reserve the right to carry out such necessary
repair at their discretion and to charge the same to the owner. Notice of any such
repair will be forwarded to the owner forthwith.
9.
All goods/property left with
the company that are to be repaired, worked on, moved, stored or otherwise managed
are at the sole risk of the owner. Customers should therefore ensure that their
goods/property are adequately insured against all risks. Customers should also ensure
that they themselves are adequately insured against third party risks as they may
be liable for damage caused by themselves or their crew whilst on or about the company's
premises.
10.
Acceptance of goods for repair, other treatment or for storage is
subject to the provisions for the TORTS (Interference with Goods Act 1977) which
confers on us as Bailees a right of sale exercisable in certain circumstances. Such
sale will not take place until we have given notice to the owner in accordance with
the Act. For the purpose of the act it is hereby recorded there:
(a) goods for repair
or other treatment are accepted by us on the terms that the owner will take delivery
of the goods in accordance with clause 12 of these terms when the repair or other
treatment has been carried out (b) our obligation as custodian of goods accepted
for storage ends upon the expiry of lawful termination or the grant to the owner
of facilities for storage.
11.
In all cases where a contract to occupy any storage
space, property or facilities may be lawfully terminated by notice, the same shall
be deemed to be lawfully served if served personally or sent by registered or recorded
delivery to the last known address for the customer.
12.
The company have the
right to exercise a general lieu upon any goods whilst in or upon our premises until
such time as any monies due to us from the owner in respect of such goods, whether
on account or storage, work done or otherwise, is paid Completion of goods
13.
An
invoice will be rendered when goods are ready for collection/despatch and/or installation/delivery
to the customer's yacht. Under all circumstances accounts for new constructions,
service work and sail care and the supply of any other goods or
services must be
paid prior to the goods leaving the premises of the company. Any other payment terms
must be agreed in writing at the time of order acceptance, This clause applies to
all trade and retail customers.
14.
Interest will be charged at a rate of 2% over
and above the current bank base rate per day on overdue accounts.
15.
VAT is applicable
to all items including carriage/postage/packing at the current rate for each order.
16.
All goods shall remain the property of the company until the customer has
paid for them in full. Until that time the customer shall hold them as Bailee and
store them in such a way that they can be identified as the property of the company
and keep them separate from the customer's own property and the property of any other
person.
Delivery/despatch/fitting
17.
In the absence of any written agreement or arrangement
to the contrary, delivery is given at the premises of the company.
18.
All carriage/postage/packing
prices are given in good faith and may be altered without notice upon completion
of goods dependant on weight, size and mode of transport of final consignment.
Disclaimers
19.
The company reserve the right to cancel and/or postpone any fitting/patterning/measuring
appointments, at short notice, due to poor weather conditions or situations beyond
their control.
20.
Any subcontractor charges incurred by the company from any marina/boatyard
will be passed on, at cost, to the customer for payment.
21.
The company will
not be held responsible for any accidental damage incurred whilst undertaking any
works on board a customer's vessel. No responsibility will be accepted for any subsequent
damage due to leakage, depreciation or wear and tear.
22.
Whilst every effort
is made to ensure standard colours are used the company cannot accept any responsibility
for shade variation between any swatch supplied and the final product. Any request
by the customer for the company to match the colour of any existing canvas work will
be at the owners own discretion and risk.
23.
All ‘trade’ orders will only be
accepted on receipt of a completed purchase order. Unless a written agreement is
held between the company and ‘trade customer’ all orders will be treated as standard
customer orders.
24.
All orders written or verbal are accepted on the understanding
that the above terms of business, where applicable, shall apply to each and every
transaction.
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