GENERAL TERMS & CONDITIONS OF BUSINESS

Company information:

Your contract partner for all agreements that are concluded through the website www.offaxis.co.uk (hereinafter: "Website") is:

Abersoch Offaxis Ltd(hereinafter: "Offaxis", "we", or "us"),

Glanafon Garage

Abersoch

Pwllheli

Gwynedd

LL53 7HP

Tel.: +44 (0)1758713407

E-Mail: customersupport@offaxis.co.uk

Companies House No.:

VAT No.:

General terms and conditions of sale and delivery for mail ordering and sales through internet.

1. APPLICABILITY

1.1 These general terms and conditions, including all other terms and documents referred to in these general terms and conditions (hereinafter: "Terms") are applicable to all agreements and any other (legal) relationship between Offaxis and business customers, not being consumers (hereinafter; "Customer", "you", or "your"). Offaxis does not supply to wholesalers or resellers. Please read these Terms carefully before ordering any products from our Website and print or save a copy of these Terms for future reference.

1.2 The applicability of the general terms and conditions or any other terms used by the Customer is expressly dismissed, unless such terms have been explicitly accepted by Offaxis.


1.3 Our Website is only intended for use by people resident in the United Kingdom. We do accept orders from outside of the United Kingdom. By placing an order through our Website, you warrant that: 1) you are legally capable of entering into binding contracts, 2) you are at least 18 years of age; and

1.4 Some products or services in our Website are offered by third parties, and not Offaxis. The general terms and conditions of these parties may be applicable to such products or services. Please ensure that you are happy with the terms of that contract and take legal advice if necessary, before ordering.

2. OFFER & AGREEMENT

2.1 All offers and promotions, are without any obligation unless otherwise indicated. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by Offaxis and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been successfully ordered (hereinafter: "Order Confirmation"). The contract between us (hereinafter: "Contract") will only be formed when we send you the Order Confirmation, or when Offaxis has started with the execution of the Contract within five (5) days of ordering.

2.2 Your order can be submitted per telephone on 01758713407 (our lines are open Monday to Friday 10am to 5pm and Saturday 9am to 2pm (excluding Bank Holidays), or the internet at www.offaxis.co.uk. With orders submitted through the internet, you will receive an email with an Order Confirmation detailing the content of the Contract.

2.3 All statements on the Website regarding amounts, measurements, descriptions and/or other designations are made with care, but only serve to identify the products and are estimations only unless explicitly indicated otherwise. Obvious errors such as pricing-, calculation- or writing errors in offers, promotions, folders, brochures, catalogues, order confirmations, invoices and other written statements of Offaxis are non-binding. (Test-) models or drawings are non-binding depictions of the respective products only. Any warranties regarding the quality, durability, function and fitness for a particular purpose are only binding when explicitly indicated by Offaxis. (e.g. the technical specifications of a product).

2.4 If the products that you have ordered are no longer available, we may offer you substituted goods of a similar nature and quality. In this case, we will contact you and ask if you wish to proceed. If you do not want to keep the substituted products within a reasonable timeframe from delivery you can cancel your order and we will arrange collection of such substituted products from you..


3. DELIVERY AND RISK

3.1 We shall endeavour to inform you of estimated delivery dates when you place an order. The estimated delivery timescales for the products shall be indicated on our site. Delivery terms are non-binding and in the unfortunate case the delivery term is exceeded, the Customer shall not be entitled to any reimbursement, damages, or suspension of his contractual obligations.

3.2 The products shall only be delivered after approval of the (contact) details of the Customer. If the details are, for example, not in compliance with article 1.1 of these Terms, then Offaxis is entitled to cancel the Contract, of which you will be informed per email, fax or letter.

3.3 The delivery term shall commence on the day the Contract is concluded, as laid down in Article 2.1. If parties have agreed to pre-payment, the delivery term will commence the moment the amount is transferred onto our account.

3.4 Products will be delivered to the address, or Offaxis retail store, indicated by the Customer Delivery times are between 8.00am and 6.00pm and we cannot specify an exact time when we will deliver, including those orders that are being delivered to Offaxis retail store for customer collection. Please note that we cannot deliver orders next day if they fall within certain remote postcode areas. The delivery driver needs to obtain a signature for all Products and if you are unavailable to accept delivery, the Products may be left with a neighbour if they are willing to sign for them or in the situation of an order being delivered to Offaxis retail store for customer collection will be signed for by an Offaxis employee in the store. Please note that products cannot be left in porches, sheds or other places outside of the home or Offaxis store. Deliveries to an (office) address are attempted twice and the driver will leave a card stating when delivery will be re-attempted or if the Products have been left with a neighbour, or if the products are available to be collected from your local delivery office. Please note we cannot deliver to PO Boxes or BFPO addresses.

3.5 Offaxis is entitled to partial deliveries on reasonable grounds.

3.6 Delivery costs are as follows:

Delivery to UK Mainland Offaxis (Click & Collect Orders)

Total Order Value

Delivery Charge Ex VAT

Delivery Charge Inc VAT

Any value of order

Free

Free

Delivery to UK Mainland (including Isle of Skye, excluding delivery to Offaxis retail store)

Total Order Value

Delivery Charge Ex VAT

Delivery Charge Inc VAT

£0.00 - £4.99

£3.95

£4.74

£5.00 - £59.99

£2.90

£3.48

£60.00 - Above

Free

Free

Delivery to Northern Ireland

Total Order Value

Delivery Charge Ex VAT

Delivery Charge Inc VAT

£0.00 - £120.00

£15.00

£18.00

£120.00 - Above

£8.33

£9.99

Delivery to Offshore Islands (excluding Jersey and Guernsey)

Total Order Value

Delivery Charge Ex VAT

Delivery Charge Inc VAT

£0.00 - £120.00

£15.00

£18.00

£120.00 – Above

£8.33

£9.99

Jersey and Guernsey

Total Order Value

Delivery Charge Ex VAT

Delivery Charge Inc VAT

Any value of order

£48.00

£57.60


For further information on carriage costs or delivery timescales, please contact Customer Services on 01758713407

3.7 The risk to the products will pass over to you at the time of delivery of the products to the carrier, or any other means of transportation, which includes partial delivery, the delivery of services or the delivery (download) of digital content). If delivery is delayed due to any fault of the Customer, then the Customer will be immediately in default, without any notice required, from the moment that Offaxis has indicated that the products are ready for transportation. Offaxis is then entitled to store the products for the account and risk of the Customer, or to sell them to a third party. The Customer will remain liable for the purchase price and any applicable interest or costs, minus the profit made with the sale of the products to the third party if applicable.

4. PRICES, PAYMENT AND OWNERSHIP

4.1 All prices are Gross prices (including VAT). Additional costs, such as delivery costs, will be mentioned separately on the Website.

4.2 Prices are liable to change at any time, but changes will not affect orders in respect of which Offaxis has already sent you an Order Confirmation. Percentage savings flags are indicative of the discount applied, and are not intended as an indication of the actual price to be paid.

4.3 The Website contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on the Website may be incorrectly priced. Offaxis will normally verify prices as part of the dispatch procedures so that, where a product‘s correct price is less than our stated price, we will charge the lower amount when dispatching the product. If a product‘s correct price is higher than the price stated on the Website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognized by you as a mis-pricing.

4.4 Payment for all Products must be by credit or debit card Business. We accept payment by the following credit and debit cards: Visa, MasterCard, Solo and Maestro.

4.5 The title to the products, regardless of the actual moment of delivery, will only pass to the Customer after the Customer has fully fulfilled all its obligations under the Contract, including but not limited to payment of the purchase price and any additional costs, interests, taxes and damages that may be due in accordance with the Contract or any other applicable terms.

4.6 The Customer is not entitled to sell, rent out, pledge, or to encumber the products otherwise, or to alie­nate the products to third parties, fully or partially, save within the framework of his normal business.

4.7 As long as the title to the products has not passed to the Customer, the Customer shall immediately inform Offaxis when the products are (threatened to be) encumbered in any way. Furthermore, Customer shall then inform Offaxis of the whereabouts of the products and, if desired, grant Offaxis access to the products, on the first request of Offaxis.

4.8 In case of an attachment on (a part of) the products, bankruptcy, or suspension of payment of the Customer, the Customer shall immediately inform the party that wishes to exercise any right on the products, of the right of ownership of Offaxis on those products.

4.9 If the Customer has failed to fulfil its obligations under the Contract and the title to the products has not passed to the Customer, but the Customer has delivered the products of Offaxis to a third party, Customer is obliged, at the first request of Offaxis, to cooperate to vest a right of lien for Offaxis on any possible claim of the Customer on the third party with regard to the delivery of the products to the third party, notwithstanding any further rights of Offaxis under this Agreement.

4.10 Please note that you must pay for the Products at the time you place your order. If you choose to pay by credit or debit card, Offaxis has chosen Sage Pay to provide PCI compliant secure payment services and the transaction will go through the website. No credit or debit card information is provided to Offaxis and completion of the transaction will be subject to you agreeing to Sage Pay's terms and conditions as a separate contractual relationship is created between you and Sage. Please can you ensure that you are happy to agree to Sage‘s terms and conditions before choosing to pay by credit or debit card. If you require the Products to be delivered to an alternate address other than that which your credit or debit card is registered to, we may need to verify your details before we can process your order.

5. WARRANTY/COMPLAINTS

5.1 If you purchased products that were not manufactured by Offaxis, you may be entitled to (additional) warranty (terms) from the original manufacturer or the supplier of Offaxis. The Customer can never claim any additional warranty from Offaxis then Offaxis or the Customer is entitled to under the warranty of the manufacturer and/or suppliers of the products. The warranty rights for Offaxis products are laid down in articles 5.2 to 5.9 of these Terms.

5.2 In case the Customer makes a claim under a warranty provided by Offaxis, he should inform Offaxis of the defect as soon as possible and ultimately within fourteen (14) days of the delivery of the product, or if it‘s a hidden defect within fourteen (14) days after discovery was reasonably possible, failing which Customer loses its rights to make any claims under the warranty. Complaints concerning perishable products (e.g. products) should be made within forty eight (48) hours after delivery. The Customer cannot derive any rights from the fact that Offaxis is handling a complaint.

5.3 After the Customer has noticed a defect to a product, he should immediately cease and desist the use and/or installation of the product and do whatever lies in his capacity to limit any further damages.

5.4 Any valid claims made under the warranty of products manufactured by Offaxis for material- or manufacturing defects will result in a free repair or replacement of the products, such at the discretion of Offaxis. If repair or replacement is not possible or reasonable given the costs involved, Offaxis will be entitled as an ultimate remedy to reimburse the costs.

5.5 After reporting the defect, the Customer shall enable Offaxis to investigate the products. The inspection of the defect product shall take place at the then current location of the product, or the facilities of Offaxis, such at the discretion of Offaxis. Costs for transportation/returns will be for the customer, unless the warranty claim is denied, then the Customer shall have to pay the transportation costs.

5.6 The Customer shall allow Offaxis a reasonable term to conduct the investigation and repair or replace the products, or reimburse the purchase price.

5.7 The term of the warranty depends on the (kind of) product and shall be determined by Offaxis on a case by case basis. A (part of a) product that is replaced or reimbursed shall (again) become property of Offaxis and shall be returned to Offaxis.

5.8 Any defects to the products that are a result of normal wear and tear, or any other external cause, such as but not limited to, damage due to transportation by the Customer, incorrect use, or if Customer has made any repairs to the product without the prior written permission of Offaxis, will not be covered by the warranty.

5.9 If Offaxis has repaired or replaced the product, or has reimbursed the purchase price as a result of its warranty obligations, it will be fully discharged in respect of its warranty obligations and Offaxis will not be liable for any (further) damages and /or compensation of any kind..


6. LIABILITY AND INDEMNIFICATION

6.1 Offaxis is never liable for any direct or indirect damages, including but not limited to loss of profit, consequential-, immaterial-, business- or environmental damages, of the Customer or a third party.


6.2 Notwithstanding the terms of articles 6.1, or anything else in these Terms, nothing in these Terms excludes or limits in any way Offaxiss liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for any matter for which it would be illegal for Offaxis to exclude, or attempt to exclude, its liability, or under section 2(3) of the Consumer Protection Act 1987. To the extent permitted by law, the liability of Offaxis is always limited to the amount of the Contract.

6.3 Unless damages are caused as a result of wilful misconduct or gross negligence of Offaxis, the Customer shall indemnify Offaxis for all claims of third parties, that have a direct or indirect connection with the (use of the) products delivered by Offaxis and the Customer shall reimburse all possible damages of Offaxis, including (legal) costs, that Offaxis may suffer as a result of such a claim.

6.4 If damages occur, the Customer is obliged to limit, as far as reasonably possible, any further or other damages.

6.6 To the extent permitted by law, the limitation period for bringing claims against Offaxis is limited to one (1) year.

7. RETURNS

7.1 In addition your rights in article 6 of these Terms and any other statutory rights that you may have, you have the right to cancel this Contract in relation to non-faulty products (other than products which we have reasonably specified as non-returnable) and receive a refund from us.

7.2 To exercise your right to return the products, you must inform us that you wish to cancel your Contract within 14 calendar days, starting on the day after the products are delivered to you or in the event your order was delivered to a UK Offaxis retail store for customer collection, within 14 calendar days starting on the day after the products were collected by you from the store.

7.3 If you choose to cancel a Contract then you must return the products to us at your cost or make the products available for our collection (as we reasonably specify). Products that were ordered from us and delivered to a UK Offaxis retail store for customer collection must be returned to the store it was collected from. In the event that you choose to cancel your Contract with us where your ordered goods were to be delivered to a UK Offaxis retail store for collection by you, the store shall return the products to us where they have not yet been collected by you.

7.4 If you have not returned the products within 7 days of cancellation or when reasonably requested to do so by us, whichever occurs first, we can collect the products from you at your cost. The charge for collection is £9.50 (excl VAT)

7.5 Offaxis will only accept a cancellation and/or return if You submit your request in writing within the stated period and at the same time submit:

The invoice or any other proof of payment;

The unused, undamaged and complete product;

The original, undamaged packaging of the product;

The complete and not filled out warranty of the product.

7.6 Your right of cancellation is not applicable with regard to:

discounted products or products that are part of a promotional action (voucher, action, promotion, etc.)

products that are removed from their original packaging;

products made to the consumer‘s specifications or clearly personalised;

products which are liable to deteriorate or expire rapidly;

products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;

sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;

the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications;

digital content which is not supplied on a tangible medium.

7.7 In relation to non-faulty products that have been returned to us, once the products have been received back into our warehouse and their condition checked, you will receive a full refund for these items. If they are not in a suitable condition (as determined by us acting reasonably), we reserve the right to charge a minimum restocking fee of £15 (excl VAT)or 20% of the selling price of the products.

7.8 If any items are damaged or missing from your order, please contact us within 3 working days of your delivery or if your order was delivered to a UK Offaxis retail store for customer collection within 3 working days of you collecting the items from the store, by phone on 017587134074, or email customersupport@offaxis.co.uk. Please call our Customer Services Team on 01758713407 for advice on returning Products.


8. SUSPENSION AND DISSOLUTION

8.1 If Customer fails to fully or timely comply with all his obligations arising out of the Contract or these Terms, he will be immediately in default without any notice required and Offaxis will be entitled to:

suspend the execution of the Contract and any relating obligations until fulfilment of the obligations of the Customer is sufficiently secured.

partially or fully dissolve the Contract and any relating agreements, without being liable for any damages and notwithstanding any other rights Offaxis may be entitled to.

8.2 In case of bankruptcy, suspension of payment, or the closing down or winding up of (part of) the company of the Customer, all Contracts and/or (other) agreements with the Customer shall be automatically dissolved, unless Offaxis notifies the Customer within a reasonable timeframe that it wishes to uphold (part of) the Contract and/or agreement, in which case Offaxis is entitled to suspend the execution of the Contract and/or agreement without any further notice required until the Customer has provided sufficient security.

8.3 In all of the cases mentioned in article 8.1 and 8.2 of these Terms, any and all claims Offaxis may have on the Customer shall be immediately due and payable in full and the Customer shall be obliged to immediately return the products of Offaxis and/or provide access to such products for Offaxis to reclaim possession of the products,


  1. PRIVACY


9.1 During the use of our Website, or when placing an order and/or the execution of a Contract, Offaxis may use your personal information.


10. PROMOTIONAL MAILING

10.1 When registering on our Website you can opt-in to receive promotional emails. At a later moment You can opt out of promotional email activity at any time by clicking on the "unsubscribe" link at the bottom of any marketing email or by updating your Mailing Preferences when you log in to your account. It may take up to 7 days for the change to take effect. You will then remain opted out of promotional email activity until you change your Mailing Preference again.

11. WRITTEN COMMUNICATIONS AND NOTICES

11.1 Applicable laws require that some of the information or communications Offaxis sends to you should be in writing. When using our Website, you accept that communication with Offaxis will be mainly electronic. Staples will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. Please note that our Contract and all communications between us will be in English.

11.2 All notices given by you to Offaxis must be given to SEC UK Delivery Limited at Customer Service Department, Offaxis, Abersoch, Glanafon Garage, Abersoch, Pwllheli, Gwynedd LL537HP. Offaxis may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

12. FORCE MAJEURE

12.1 If Offaxis is unable to fulfil any of its obligations caused by an event outside of its reasonable control (hereinafter: "Force Majeure Event"), the performance of the Contract is deemed to be suspended for the period that the Force Majeure Event continues. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control, either foreseeable or not during the conclusion of the Contract, and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action (at the suppliers of Offaxis); civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government

12.2 When a Force Majeure Event lasts longer than two (2) months, both parties shall have the right to (partially) dissolve the Contract, without incurring any liability for damages.

13. LAW AND JURISDICTION

13.1 The Contract and these Terms will be governed by English law. The applicability of the 1980 Vienna Convention on Contracts for the Sale of Goods (CISG) is explicitly excluded.

13.2 Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

14. MISCELLANIOUS

14.1 The Customer will be liable for all (extra-) judicial costs that Offaxis will have to make as a result of the failure of the Customer to fulfil its obligations arising out of the Contract, these Terms, or any other relationship with Offaxis. The extrajudicial collection costs will be at least 15% of the outstanding amount, notwithstanding the right of Offaxis to claim the actual costs that exceed this amount.

14.2 If Offaxis fails, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if Offaxis fails to exercise any of the rights or remedies to which it is entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by Offaxis of any default shall not constitute a waiver of any subsequent default. No waiver by Offaxis of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

14.3 The Customer is not entitled to transfer or assign any right or obligation out of the Contract or these Terms to any third party without the prior written agreement of Offaxis. Offaxis is entitled to set conditions to its permission.

14.4 If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

14.5 Offaxis has the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting its business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system‘s capabilities. You will be subject to the policies and Terms in force at the time that you order products from Offaxis, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if Offaxis notifies you of the change to those policies or these Terms before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven (7) working days of receipt by you of the products).

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TERMS OF BUSINESS - ACADEMY

THESE TERMS OF BUSINESS APPLY TO ALL CONTRACTS FOR WORK AND FACILITIES OR GOODS UNDERTAKEN ON OR AFTER 14 OCTOBER 2003 

Published by the British Marine Federation and approved by the RYA, who recommend that disputes are submitted to alternative dispute resolution under the Marine Dispute Resolution Rules published by the British Marine Federation. �BMF 2003 

1 LIABILITY 

1.1 We shall not be liable for any loss or damage caused by any event or circumstance beyond our reasonable control (such as extreme weather conditions, the actions of third parties not employed by us or any defect in any part of a customer's or third party's vessel); this extends to loss or damage to vessels, gear, equipment or other goods left with us for repair or storage, and harm to persons entering our premises or using any of our facilities or equipment. 

1.2 We shall take all reasonable and proportionate steps having regard to the nature and scale of our business to maintain security at our premises, and to maintain our facilities and equipment in reasonably good working order. Subject to this and in the absence of any negligence or other breach of duty by us vessels, gear, equipment or other goods are left with us at the customer's own risk and customers should ensure that their own personal and property insurance covers such risks. 

1.3 We shall not be under any duty to salvage or preserve a customer's vessel or other property from the consequences of any defect in the vessel or property concerned unless we shall have been expressly engaged to do so by the customer on commercial terms. Similarly we shall not be under any duty to salvage or preserve a customer's vessel or other property from the consequences of an accident which has not been caused by our negligence or another breach of duty on our part. However we reserve the right to do so in any appropriate circumstances, particularly where a risk is posed to the safety of people, property or the environment. Where we do so we shall be entitled to charge the customer concerned on a normal commercial basis. 

1.4 Customers may themselves be liable for any loss or damage caused by them, their crew or their vessels and while their vessel or other property is on our premises or is being worked on by us they shall be obliged to maintain adequate insurance, including third party liability cover for not less than �2,000,000, and, where appropriate, Employers' Liability cover in respect of any employee to at least the statutory minimum. The customer shall be obliged to produce evidence to us of such insurance within 7 days of a request to do so. 

2 PRICES AND ESTIMATES 

2.1 In the absence of express agreement to the contrary our price for work shall be based on time and materials expended and services provided. 

2.2 When we give an estimate or indication of price - in writing or orally - we will exercise skill and judgement in doing so. Such estimates are subject always to the accuracy of information provided by the customer and are usually based only on a superficial examination and will not include the cost of any additional repairs or work found necessary to the vessel and/or gear or equipment during the work nor the cost of any extensions to the work comprised in the estimate. 

2.3 We will inform the customer promptly of any proposed increase in estimated prices and the reasons therefor and will only proceed with the work or supply with the approval of the customer. The customer shall remain responsible for the cost of labour and materials already supplied or remaining to be supplied which are not affected by the proposed increase in price. 

3 DELAYS 

3.1 The time for completion of our work is given in good faith but is not guaranteed. We shall not be responsible for any delay in completion of the work or for the consequences of any such delay unless it arises from our wilful acts or omissions or from our negligence. 

4 VESSEL MOVEMENTS 

4.1 We reserve the right to move any vessel, gear, equipment or other goods at any time for reasons of safety, security or good management of our business and premises. 

5 PAYMENT 

5.1 Unless otherwise agreed between us the price of all work, goods and services shall be due immediately on invoice date. 

5.2 Where a customer delays in payment for more than 30 days or withholds more than a proportionate sum against rectification of any alleged defects we reserve the right to charge interest on the outstanding amount at 4% over Barclays Bank Plc base rate. 

5.3 We reserve a general right ("a general lien") to detain and hold onto a customer's vessel or other property pending payment by the customer of any sums actually due to us. We shall be entitled to charge the customer for storage and the provision of any ongoing services at our normal daily rates until actual payment (or provision of security) by the customer and removal of the vessel or property from our premises. The customer shall at any time be entitled to remove the vessel or other property upon providing proper security, for example a letter of guarantee from a Bank reasonably acceptable to us or lodgement of a cash deposit with a professional third party agent or with the British Marine Federation, sufficient to cover the debt with interest and, where the debt is contested, a reasonable provision for our prospective legal costs. This right does not affect the customer's entitlement to withhold a proportionate part of the price in respect of alleged defects but where that amount is in dispute between us the customer shall be required to provide security for the full amount pending resolution of the dispute. 

5.4 Our customers' attention is drawn also to the note at Clause 9.2 of these Terms of Business regarding other rights which exist at law. 

6 GUARANTEE 

6.1 Advice on whether a customer is "a consumer" or otherwise protected by some or all of the consumer protection legislation in force in the United Kingdom may be obtained from any local Trading Standards Office, the Citizens Advice Bureau, the Office of Fair Trading or any firm of Solicitors (who may charge). Online guidance may be obtained at the Government's Consumer Gateway website at http://www.consumer.gov.uk/ 

6.2 Where a customer is also a consumer he has certain minimum statutory rights regarding the return of defective goods and claims for losses. These rights are not affected by these terms. 

6.3 In addition to the statutory and other rights provided by English law we guarantee our work for a period of 12 months from completion against all defects which are due to poor workmanship or defective materials supplied by us. We shall be liable under this guarantee only for defects appearing during this 12-month period which must be promptly notified to us in writing at our trading address or registered office [set out on our letterhead]. The geographical area within which this guarantee will be honoured is restricted to the [United Kingdom]. 

6.4 On notification by the customer of such defects, we will investigate the cause and if they are our responsibility under the terms of this guarantee we will promptly remedy them or, at our option, employ other specialist contractors to do so. Any remedial work which is put in hand by the customer other than through ourselves in accordance with the terms of this guarantee may invalidate this guarantee in respect of such defects if we are not advised beforehand and given the opportunity to inspect and agree such work and its cost. 

6.5 Where we supply goods or services to a partnership or company or to a customer who is acting in the course of a business or a commercial operation (a "Business Customer") then: 

6.5.1 No article supplied by us to a Business Customer shall carry any express or implied term as to its quality or its fitness for any particular purpose unless prior to the supply the Business Customer has sufficiently explained the purpose for which it is required and made it clear that he is relying on our skill and judgement. 

6.5.2 No proprietary article specified by name, size or type by a Business Customer shall carry any such express or implied term but we will assign to the Business Customer any rights we may have against the manufacturer or importer of that article. 

6.5.3 We accept no liability to indemnify a Business Customer against any loss of profit or turnover which he or his customer or any other person may sustain in consequence of the failure of any faulty or unfit article supplied by us. 

7 QUALITY STANDARDS 

7.1 We will complete our work to the agreed specification and, in the absence of any other contractual term as to quality, to a satisfactory quality. 

8 ACCESS TO PREMISES/WORK ON THE VESSEL 

8.1 Subject to the terms of Clause 8.2 no work shall be done on the vessel, gear, equipment or other goods while on our premises without our prior written consent other than minor running repairs or minor maintenance of a routine nature by the customer, his regular crew or members of his family not causing nuisance, or annoyance to any other customer or person residing in the vicinity, nor interfering with our schedule of work, nor involving access to prohibited areas. 

8.2 Prior written consent will not be unreasonably withheld where: 

8.2.1 The work is of a type for which we would normally employ a specialist subcontractor; or 

8.2.2 The work is being carried out under warranty by the manufacturer and/or supplier of the vessel or any part of the equipment to which the warranty relates. 

8.3 In every case neither the customer nor his invitees shall have access to the vessel during periods of work by us on the vessel without our prior consent, which shall not be unreasonably withheld. 

9 RIGHT OF SALE 

9.1 Where we accept vessels, gear, equipment or other goods for repair, refit, maintenance or storage we do so subject to the provisions of the Torts (Interference with Goods) Act 1977. This Act confers a Right of Sale on us in circumstances where the customer fails to collect or accept re-delivery of the goods (which includes a vessel and/or any other property). Such sale will not take place until we have given notice to the customer in accordance with the Act. For the purpose of the Act it is recorded that: 

9.1.1 Goods for repair or other treatment are accepted by us on the basis that the customer is the owner of the goods or the owner's authorised agent and that he will take delivery or arrange collection when the repair or treatment has been carried out; 

9.1.2 Our obligation as custodian of goods accepted for storage ends on our notice to the customer of termination of that obligation; 

9.1.3 The place for delivery and collection of goods shall be at our premises unless agreed otherwise. 

Advice regarding the Act and its effect may be obtained from any of the sources referred to at Clause 6.1 above. 

9.2 Maritime Law entitles us in certain other circumstances to bring action against a vessel to recover a debt or damages. Such action may involve the arrest of the vessel through the Courts and its eventual sale by the Court. This right of arrest and sale may continue to exist against a vessel following a change of ownership. Sale of a vessel may also occur through the ordinary enforcement of a judgment debt against the Owner of a vessel or other property. 

10 SUB-CONTRACTING 

10.1We may sub-contract all or part of the work entrusted to us by the customer, on terms that any such sub-contractor shall have the protection and benefit of all rights and conditions, and of all limitations and exclusions of liability, contained in these Terms of Business. Where we exercise this right we shall remain responsible to the customer for the performance of our subcontractor. 

11 NOTICES 

11.1 Notice to a customer shall be sufficiently served if personally given to him or if sent by first class post to the customer's last known address. Notices to us should be sent by first class post to our principal trading address or registered office. 

12 LAW AND JURISDICTION 

12.1 Any contract or series of contracts made subject to these terms shall be subject to and governed by English law and 

12.2 In the case of Business Customers any dispute arising under them shall be submitted to the exclusive jurisdiction of the Courts of England and Wales. 

12.3 In the case of customers who are consumers or who are not contracting in the course of business any dispute shall be submitted to the non-exclusive jurisdiction of the Courts of England and Wales.

RETURNS OR EXCHANGE

If for any reason you would like to return your item(s), they must be in their original condition (with packaging and tags intact) within 14 days of the delivery date.  
We will either exchange the item, issue a full refund or a credit note on the site.  For full refunds we will need written notification within 7 days from the day after receipt of the goods. Credit notes are non negotiable for transactions over 60 days.  Offaxis are not responsible for the cost of the return of any product.
Please note that if goods are not returned in the condition in which you received them, we reserve the right to refuse such returns.