THESE TERMS OF BUSINESS APPLY TO ALL CONTRACTS FOR WORK AND FACILITIES OR GOODS UNDERTAKEN BY US ON OR AFTER 1 OCTOBER 2018

1 LIABILITY 1.1 We shall not be liable for any loss or damage caused by events or circumstances beyond our reasonable control (such as severe weather conditions, the actions of third parties not employed by us or any defect in a customer’s or third party’s property); this extends to loss or damage to vessels, gear, equipment or other property left with us for work or storage, and harm to persons entering our premises or using any of our facilities or equipment. 1.2 We shall take 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; but in the absence of any negligence or other breach of duty by us vessels and other property are left with us at the customer’s own risk and customers should ensure that their own personal and property insurance adequately 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 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 some other 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, Employer’s Liability cover in respect of any employee. Customers shall be obliged to produce evidence of such insurance to us within 7 days of a request to do so. 1.5 Nothing in these Terms of Business shall limit or exclude our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or sub-contractors; for fraud or fraudulent misrepresentation; or otherwise to the extent that it would be illegal for us to exclude or attempt to exclude liability. 2 PRICES AND ESTIMATES 2.1 In the absence of express agreement to the contrary our price for work shall be based on labour and materials expended and services provided. 2.2 We will exercise reasonable skill and judgment when we give an estimate or indication of price. However such estimates are always subject 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 emergency work which may be necessary to the vessel, gear or equipment 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 for it 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 Any time given 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 property 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 payment for all work, goods and services shall be due immediately on invoice date. Payment shall be deemed to have been made when we receive cash or cleared funds at our bank. 5.2 We have the right to charge interest on any sum outstanding for more than 30 days (except in the case of a reasonable and proportionate retention by the customer of any amount genuinely in dispute between us and the customer) on the outstanding balance at 4% above Bank of England base rate which may be calculated daily up to the date of actual payment. In the case of business customers this rate will be substituted with the current rate applicable under late payment legislation. 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 all sums 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 payment (or provision of security) by the customer and removal of the vessel or property from our premises. The customer shall 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 reasonably acceptable to us, 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 10.2 of these Terms of Business regarding other rights which exist at law. 6 RETENTION OF TITLE / RISK 6.1 Title to all goods, equipment and materials supplied by us to a customer shall remain with us until full payment has been received by us. 6.2 Risk in all goods, equipment and materials supplied by us to a customer shall pass to the customer at the time of supply to the customer. 7 GUARANTEE 7.1 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 www.adviceguide.org.uk. 7.2 A customer who is a consumer has certain minimum statutory rights regarding the return of defective goods and claims for losses. These rights are not affected by these terms. 7.3 In addition to the statutory 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. This guarantee applies only to the customer to whom the work or materials were supplied. We shall be liable under this guarantee only for defects which appear during this 12 month period and which are 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. 7.4 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 contractors to do so. Any remedial work which is put in hand by the customer directly without first notifying us and allowing us a reasonable opportunity to inspect and agree such work and its cost will invalidate this guarantee in respect of those defects. 7.5 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: 7.5.1 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; 7.5.2 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; and 7.5.3 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. 8 QUALITY STANDARDS 8.1 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. 9 ACCESS TO PREMISES/WORK ON THE VESSEL 9.1 No work or services shall be carried out on a vessel, gear, equipment or other property on our premises without our prior written consent (which consent shall not to be unreasonably withheld or delayed) except for minor running repairs or minor maintenance of a routine nature by the customer or his regular crew. It shall be an absolute condition that all work is carried out in full compliance with our health and safety, environmental and access policies and that it does not cause any nuisance or annoyance to us, any other customer or person residing in the vicinity, and does not interfere with our schedule of work or the good management of our business and our said consent to work or services being carried out may be revoked with immediate effect in the event of any breach of such conditions. We shall not be responsible to customers or third parties for the consequences of any person’s failure to respect any part of this clause 9.1 but we shall be entitled to demand the immediate cessation of any work which in our view breaches the requirements of this clause 9.1. 9.2 While we or our subcontractors are working on a customer’s vessel or equipment the customer shall not have access to it except by prior arrangement. We will agree reasonable access when it is safe to do so and when it will not interrupt or interfere with our work schedule. 10 RIGHT OF SALE 10.1 We accept vessels, gear, equipment and other property for repair, refit, maintenance or storage 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 any other property). A 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: 10.1.1 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; 10.1.2 our obligation as custodian of goods accepted for storage ends when we give notice to the customer; 10.1.3 the place for delivery and collection of goods shall normally be at our premises. Advice regarding the Act and its effect may be obtained from any of the sources referred to at Clause 7.1 above. 10.2 Maritime Law entitles us in certain 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 after a change of ownership. Sale of a vessel or other property may also occur through the enforcement of a court order or judgement. 11 SUBCONTRACTING 11.1 We may subcontract all or part of the work entrusted to us by the customer, on terms that any such subcontractor shall have the protection and benefit of all rights and conditions, and of all limitations and exclusions of liability, which exist for us under these Terms of Business. Where we exercise this right we shall remain responsible to the customer for the performance of our subcontractor. 12 NOTICES 12.1 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. 13 LAW AND JURISDICTION 13.1 Any contract or series of contracts made subject to these terms and any non-contractual obligations arising out of, or in connection, therewith shall be governed by and construed in accordance with English law. 13.2 Each of the parties irrevocably agrees that any and every dispute (and any non-contractual obligations, as aforesaid) arising out of or in connection with a contract or series of contracts subject to these terms shall: 13.2.1 if one party acts as consumer (meaning a natural person acting for purposes outside of a trade, business or profession), be subject to the non-exclusive jurisdiction of the English courts; or 13.2.2 where no party acts as consumer, be subject to the exclusive jurisdiction of the English courts.

Online & Phone Orders which are in addition to our terms of business above

Law and Jurisdiction Any contract entered into by Simpson Outboards (onwardly stated as "we" or "us"), shall be governed by English Law and shall be subject to the exclusive jurisdiction of the English Courts. This does not affect your statutory rights. This website and our Terms and Conditions have been designed for use within the United Kingdom and under UK law. For orders placed and being delivered to destinations other than the United Kingdom, we give no guarantee, express or implied, that the use of this website or the placing of any order through this website from outside the UK complies with any applicable non-UK laws or regulations. Accordingly, any products or promotions not permitted under your local laws are not offered to you.

 

By placing an order via this website or via phone / email etc, you are making an offer to us to purchase the goods detailed in your order upon the terms described in your order. Once you have placed an order, we or PayPal will send you a confirmation that your order has been received and payment has been processed. The contract between you and Simpson Outboards starts at this point. Ownership of the goods that you have ordered will only pass to you when we receive full payment of all sums due in respect of the goods, including all applicable charges including delivery charges. Under the Consumer Contracts Regulations 2013, you have the right to cancel your order within 14 days.

 

Prices are subject to alteration throughout the year and may be changed without notice. No responsibility can be taken for any errors or omissions contained within the pricing structure. Prices charged will be those ruling at the time of invoice.

 

Please note that if you order goods for delivery outside of the UK, the goods may be subject to customs or import duties once the consignment reaches the destination country. In all cases, it is your responsibility to account for the payment of any customs or import duties that are levied.  We exercise no control over these charges and cannot predict them. If you have any queries, please contact your local customs and excise office for further information before placing your order. Please be aware that it is your responsibility to comply with all applicable laws and regulations of the country for which the products are destined.  We cannot be held responsible for any non-compliance of any such laws.

 

We accept payments from all major credit and debit cards (except Amex) via our external merchant PayPal. Please note, Mastercard/Maestro and Visa may have a secure server of their own which you may be required to pass through during the payment process. If you have a problem with the Mastercard/Maestro or Visa secure server, please contact your bank/credit card company. If you would prefer to place your order over the telephone, please call on 01736 360901 and you will be able to place your order manually with us.  We do not take any record of card details in accordance with PCI Data Security.  We supply all goods on  proforma terms.

Deliveries

We appreciate customers want items as quickly as possible and we aim to satisfy these demands.  However, certain terms apply.

We cannot be held responsible for deliveries failing to reach the destination if the correct and full address details are not provided by the customer. Deliveries which require a signature may be delayed if there is no one available to sign. All Next Working Day deliveries are sent by courier and will therefore require a signature. We take no responsibility for a delay in delivery resulting from adverse weather conditions or acts out of our control. The standard delivery charge will not be refunded, nor will the difference, if the cost of posting is less.

 

Delivery charges for some Scottish postcodes, Offshore Islands, Channel Islands, Northern Ireland, Republic of Ireland, the Rest of Europe and the Rest of World are different to those for UK mainland. Delivery prices are confirmed at checkout or before payment is taken.

 

All standard delivery prices are for a standard 3-7 day service, depending on your location. If you require items to be sent urgently, please email us for alternative options.

 

Please ensure you choose the correct delivery destination to avoid delay to your order. In cases where the wrong destination is chosen and the delivery charge is more, we will contact you for payment details and your order will not be dispatched until the correct delivery charge has been paid. In situations where the wrong delivery destination is chosen and the delivery charge is less, we will refund the difference.

 

While Simpson Outboards will do its best to adhere to any time stated for delivery, we shall not be liable for any loss or damage howsoever caused, by any delay in delivery, completion or performance of any contract, and any time stated for delivery shall not be a term of any contract or representation, Deliveries are performed in all instances by a variety of parcel couriers whether independant or large companies.

 

Deliveries to some offshore locations, Europe and Rest of World are performed by the local postal service or a local courier. In the event that we are unable to supply or deliver goods ordered, we will refund any money paid in respect of such goods, but shall not otherwise be under any liability whatsoever. We shall not, in any event, be liable for consequential damage or loss.

Use, Rights, Warranty & Privacy Policies.

Use of Goods

The consumer must satisfy himself that any goods ordered by him are suitable for his purposes and we will not accept responsibility for any damage or loss directly or indirectly arising as a result of any incorrect or inadequate advice or recommendation. Warranties Subject to the appropriate statutory limitations, no condition is made or to be implied, nor is any warranty given or to be implied, as to the quality, life, wear or suitability of any such goods supplied by us.

 

Right to Cancel

Under the Consumer Contracts Regulations 2013, you have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right to cancel, you must inform Simpson Outboards, The Depot, Lower Drift, Penzance, TR19 6AA, 01736 360901, mail@simpsonoutboards.co.uk of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. Effects of cancellation If you cancel this contract, we will reimburse to you all payments received from you, excluding the costs of delivery & excluding any supplementary costs, for example but not limited to expediated / Saturday delivery.  We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling or misuse by you. We will make the reimbursement without undue delay and not later than 14 days after the day we receive back from you any goods supplied or 14 days after the day you provide evidence that you have returned the goods, or if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.  We may withhold reimbursement until goods have been received back.  You shall send back the goods or hand them over to: Simpson Outboards, The Depot, Lower Drift, Penzance, TR19 6AA without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Faulty Goods In the event that the goods purchased are faulty, please inform us as soon as possible by emailing.  All items will be tested by us.  If they are deemed faulty, a repair or replacement will be offered in the first instance. we will bear the cost of returning the repaired/replaced item to the consumer. If the goods are tested and no fault is found, no postage costs will be reimbursed to the consumer and the consumer will pay Simpson Outboard's standard delivery charge for the return of the item to the consumer.

 

Privacy Policy

Simpson Outboards does not disclose buyers’ information to third parties. Cookies are used on the website to keep track of the contents of your shopping cart. Cookies must be enabled to view the site. Data collected by this website is used to: a. Take and fulfil customer orders b. Administer and enhance the site and service c. Only disclose information to third parties for delivery purposes. The only information disclosed to third parties for delivery purposes are your name, your delivery address and your contact number.

 

Ownership & Risk

 Simpson outboards retain title and ownership of all goods supplied by them until payment of goods has been received in full, otherwise the purchaser may only transfer title as our agent, irrespective of incorporation of goods in manufactured product, on condition they act as trustee, responsible and accountable for any monies outstanding.