TERMS OF TRADING
I. Contractual
Orders placed are binding. We accept the order either by sending within 14 days an order confirmation, or by delivering within a set period the ordered goods.
II. Prices/ Payment
a) For orders with an agreed delivery time of more than 4 months, we reserve the right to increase our prices to reflect increased wage/ salary/ raw material costs. Should the price increase exceed 5 %, then the customer may cancel the order.
b) We accept no liability for obvious errors in pricing and/ or addition.
c) Outstanding payments (i.e. overdue) encur the statutory overdue interest rates. In specific cases we may charge a higher rate of interest. Paragraph V is also applicable.
III. Special work
Specific work beyond that contractually agreed upon shall be invoiced seperately and with net invoicing. We invoice these special additional items of work according to our offer or per hour worked. Special work includes: special painting/ livery, advertising logos, advertising adjustments, fitting/ installation, etc.
IV. Transfer of ownership
a) The goods remain our property - not to be re-sold-up until all payments have been received in full. Received cheques/ drafts must have been cleared by our bank. This also applies for any outstanding previous payments inclusive of interest and administration costs. The purchaser shall handle the goods with due care and shall inform us directly of any damage, loss or seizure by a bailiff.
b) Any purchaser breach of contract entitles us to re-claim the goods. Such action allows us to annul the contract.
c) Any further work done to the goods is always for us. Should this additional work include other (i.e. not our) items, then we claim ownership pro-rata of these items.
V. Overdue payment
The purchasers overdue payment entitles us - after the ending of an agreed period of notice for payment reminders - to either annul the contract and/ or claim damages compensation. A payment is deemed overdue should a payment reminder remain ignored. This in accordance with Paragraph 284/ 3 of the UK Federal Law (BGB). Any returned/ reclaimed items are subject to costs for wear and tear as well as value loss. Unless the purchaser proves otherwise, our costs are as follows.
a) Contractual costs - including general overheads - at 10 % of the purchase price.
b) Value loss for delivered goods. Annulment & repossession within: 0 - 6 months 40 % of the purchase price, 7 - 12 months 50 % of the purchase price, 13 - 18 months 60 % of the purchase price, 18 - 24 months 70 % of the purchase price, 25 - 36 months 80 % of the purchase price, 37 - 48 months 90 % of the purchase price, 48 + months 95 % of the purchase price
VI. Overdue delivery
Should we for any reason be overdue in delivery, then the statutory rights are appropiate - especially with regard to an extra delivery period. Claims for compensation are only valid if we act recklessly and with malice aforethought. Temporary difficulties incurred by us or our suppliers, due to (amongst others): strike, lock out, riot, war or act of God entitle us to annul the contract. We may also annul if the purchaser misleads us with regard to his credit - rating: If he cancels payments or if he claims full or partial bankruptcy. For returns of goods - see also section V.
I. Warranty
a) Our products have a warranty period of 1 year after shipping.
b) Justifiable product faults entitle us to replace and/ or repair. In the case of repair we occur all repair costs including transport, journey costs, material and worker costs. This is only the case when the goods are still in the original place of delivery! Repairs by third parties are not covered by our warranty unless we agree in writing to these third party repairs in advance.
c) Should the fault be caused by the purchaser, his staff or by improper use, then all incurred costs (including transport) shall be compensated by the purchaser. ( See also VIII)
d) In the case of failed repair or non-delivery of replacement after an agreed delivery extension etc. - due to our responsibility - then the purchaser may annul the contract or demand a reduction in price.
e) Further compensations such as loss of earnings etc. are excluded.
f) Our limited liability is not valid in the case of recklessnes. It is also invalid should the customer claim damages due to the lack of a promised feature.
g) We are liable for installation faults and their forseeable causes only to a reasonnable extent.
h) When we install, then the purchaser must inform us of local information such as geography, geology and weather conditions.
II. Guarantee exclusions
Those warranty conditions in section VII are not applicable:
a) Incorrect or undue use of the product by the purchaser (e.g. incorrect mooring, false air pressure, incorrect towing etc.)
b) Product use on land or in too shallow water.
c) Collisions, theft, vandalism, wave damage, stranding etc.
d) Changed product design or illegal copying.
e) Weathering damage (acid rain, storm, high waves, snow, ice, wind, chemical or biological consequences etc.)
f) Damage resulting from insufficient maintenance.
g) Normal wear and tear (invcluding colour fading, metal weathering, material ageing etc.) when used under normal conditions.
III. Minor colour/ material changes
Our brochures cannot show the colours/ material to 100 % due to technical reasons. Minor colour/ material differences are not our liability.
IV. Statutory clause
Should any clause be deemed unlawful, then all others remain valid.
V. Jurisdiction
The sole place of jurisdiction is our company`s location ( including claims on cheques and bills of exchange), provided that: The contractual partners are due traders The contractual partners change address after completion or if the address is unknown at the time of complaint Claims can be made as a result of payment reminders.
VI. Applicable law
Our contracts are solely in accordance with valid UK Law. The United Nations agreement on international trading is not applicable.
As required by the Companies Act 2006 the following information is published
Full Corporate Name : UK Water Sports Limited
Place of registration : London
Registration Number :
Regsitered Office Address: