- VESSEL CATEGORY
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These conditions apply to the contract between NRG Marine Limited (us and we) and the company/ Individual to whom we sell goods (you) and they apply to the exclusion of any other express or implied conditions
These conditions together with your order in the form accepted by us constitute the entire agreement between you and us and supersede any previous agreements, promises, representations or understandings.
No variation of these conditions shall be effective unless it is in writing and signed by us.
Any order issued by you is subject to acceptance by us and a valid contract is only formed when we accept your offer to buy our goods.
Advertised prices and our published price list should be used as a guide only
In most cases the price of the goods shall be the price set out in our published price list on the date the goods are despatched to you, save that we may increase the price of the goods at any time before despatch to reflect any increase in the cost of the goods due to any factor beyond our control, including foreign exchange fluctuations and increases in manufacturing costs.
Prices are exclusive of VAT.
All first orders must be paid for in advance.
If we approve a credit account in your name, we shall invoice you for the goods and all invoices shall be paid by you in full and cleared funds and without setoff within 30 days from the end of the month in which the goods were invoiced.
Time of payment is of the essence of this contract.
If any payment is overdue, we shall charge interest on the sum that is owing at the rate of 4% a year above HSBC Bank Plc's base rate, which shall accrue on a daily basis from due date until payment. Where any sum is overdue, we may also suspend further deliveries of goods to you.
Any credit limit applied to an account is at our sole discretion and we reserve the right to cancel or amend a limit previously given.
We make every effort to ensure the information on our website and in our catalogues, price lists and other promotional material is accurate. However, these documents are for your guidance only and the details contained in them shall not constitute representations by us and we shall not be bound by them.
For the terms relating to our special offers, see our Special Offers terms on our website at www.nrgmarine.com/c_terms.aspx
Title and Risk
Risk in the goods shall pass to you on delivery to you or any carrier acting on your behalf. Title in the goods shall pass to you when we receive payment in full for those goods and any other goods we have supplied to you in respect of which payment has become due.
We shall make every effort to despatch the goods in accordance with our estimated despatch date but any delivery times we specify are estimates only. Time of delivery is not of the essence of this contract and we shall not be liable to you for any loss or damage you suffer as a result of our failure to comply with specified delivery times. For further information on delivery, see the full delivery information on our website at www.nrgmarine.com/c_terms.aspx. For international orders, you must call us for an individual quotation.
We warrant that on delivery and for a period of 24 months after delivery, the goods shall:
conform in all material respects with their description;
be free from material defects in design, material and workmanship; and
be of satisfactory quality within the meaning of the Sale of Goods Act 1979.
Some goods may have a longer warranty period and if this is the case it will be specified in that item's description in our catalogue.
If the goods have a shelf life which is shorter that 12 months, the warranty period will be the stated shelf life.
For our returns policy, see www.nrgmarine.com
Limitation of Liability
Nothing in these conditions shall exclude or limit our liability for any matter in respect of which it would be unlawful for us to exclude or restrict liability, for example death or personal injury caused by our negligence.
Subject to this, under no circumstances shall we be liable to you for any loss of profit or indirect or consequential loss arising under this contract and our total liability to you shall be limited to the price of the goods.
These conditions are governed by and construed in accordance with English law. Any disputes arising in connection with these conditions are subject to the exclusive jurisdiction of the courts of England and Wales.