TERMS AND CONDITIONS
TERMS AND CONDITIONS
The term “Website” refers to harbourmarinepwllheli.co.uk and “Content” to the content within harbourmarinepwllheli.co.uk. The terms “we” and “us” refer to Rob Walker and the staff at Harbour Marine Engineering Services.
1. The website and contents belong to Harbour Marine Engineering Services. Because of this, you may not, copy, distribute, modify, reproduce, sell, reverse engineer, publish, disassemble, recompile, decompile, perform, upload, transmit or exploit any part of the Website and its contents (including without limitation the Website design, text, graphics and all software and source codes connected with the Website). Downloading is permitted on a personal computer if no more than one copy is printed out and no further copies are made.
2. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics of the Website. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. The content and website is protected by copyright and proprietary rights. Articles, videos, posts and anything else that make up the website will be protected by copyrights and proprietary rights. By accessing the website and its contents, you agree to abide by these copyright notices or any other restrictions thereof.
3. You have the right to use this website, and to download content within the terms stated, but you have no ownership rights or licenses to our trading names, trademark and content.
4. Downloads should retain any copyright notices.
5. Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
6. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Harbour Marine Engineering Services may offer you various discounts, savings and other benefits on other products or services of Harbour Marine Engineering Services or its affiliates. Harbour Marine Engineering Services does not guarantee the availability of particular discounts, savings or other benefits on specific products or services, and any discounts, savings or benefits are subject to change, time limits and conditions as may be determined by Harbour Marine in its discretion from time to time.
1. Harbour Marine Engineering Services may offer a time-limited, money-back guarantee on some Harbour Marine Engineering Services website content and publications. If there is a guarantee applicable to any Harbour Marine Engineering Services website content and publication that you have purchased, that guarantee is as set out on the applicable product page of the Harbour Marine Engineering Services website at the time you purchased the Harbour Marine Engineering Services product, publication or service.
2. If, within the time limit of your Guarantee period you are not satisfied with the Harbour Marine Engineering Services product, publication or service you purchased, Harbour Marine Engineering Services will refund the purchase price to you. This is your sole and exclusive remedy against Harbour Marine Engineering Services and Harbour Marine Engineering Services’ sole and exclusive liability and obligation to you in connection with your purchase of any Harbour Marine Engineering Services product, publication or service or anything arising out of or relating to that purchase or this agreement.
1. Notwithstanding any other provision of this agreement, and to the maximum extent permitted by applicable law: (a) Harbour Marine Engineering Services liability (if any) under this Agreement or otherwise is limited to the purchase price paid by you for the Harbour Marine Engineering Services products, and in no event will Harbour Marine Engineering Services be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage, arising from, connected with, or relating to this Agreement, the subject matter of this Agreement, any Harbour Marine Engineering Services product or otherwise, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including fundamental breach or gross negligence) by Harbour Marine Engineering Services or any person for whom Harbour Marine Engineering Services is responsible, and even if Harbour Marine Engineering Services has been advised of the possibility of such potential loss or damage being incurred; and (b) in no event will Harbour Marine Engineering Services total aggregate liability to you or any other person under this Agreement or otherwise, under any contract, negligence, strict liability or other legal or equitable theory, regardless of any negligence or other fault or wrongdoing (including fundamental breach or gross negligence) by Harbour Marine Engineering Services or any person for whom Harbour Marine Engineering Services is responsible, and even if Harbour Marine Engineering Services has been advised of the possibility of such potential loss or damage being incurred, exceed the purchase price paid by You to Harbour Marine Engineering Services for the materials. In this paragraph, “Harbour Marine Engineering Services” includes Harbour Marine Engineering Services and its past, present and future directors, officers, employees, agents, representatives, subcontractors, service providers, successors, permitted assigns, and related persons.
2. Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Services.
3. We endeavour to complete all work by the agreed completion date, however we cannot be accountable for any losses incurred if timescales are not adhered to nor shall any discount be given if work is not completed by due date.
The exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to you.
You represent that you are of legal age to enter into binding contracts under the laws of the jurisdiction where you reside. If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of any such severance this Agreement would fail in its essential purpose. This Agreement will ensure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, personal representatives, successors and assigns. This Agreement sets forth the entire agreement and understanding of you and Harbour Marine with respect to the subject matter of this Agreement and supersedes any and all previous communications, representations, negotiations, discussions, agreements or understanding, whether oral or written, between you and Harbour Marine with respect to the subject matter of this Agreement. Purchase prices are exclusive of shipping and handling charges and any applicable taxes, customs or duties.
Harbour Marine Engineering Services makes no warranty that the functionality of the website will be uninterrupted or error free, that defects will be corrected or that the website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
1. If work is commissioned from Harbour Marine Engineering Services and a Proposal Of Works drawn up, that Proposal shall remain valid for a period of 31 days.
2. The Customer shall be deemed to have accepted the Proposal by placing an order with the Supplier (“the Order”) within the period specified in Clause 3.1.
3. All Orders for the Services shall be deemed to be acceptance of the Proposal pursuant to these
1. The price for the Services is as specified in the Proposal and is subject to VAT and any applicable charges outlined in the Proposal.
2. Payment of the price shall be in the manner specified in the Proposal and shall mainly be in advance of commencement of works.
3. In some specific cases, Harbour Marine Engineering Services may extend credit terms but makes no guarantee of providing credit to any customer. In the event of being offered a credit facility, and if the Customer fails to make any payment within 31 days of it becoming due, the Supplier shall be entitled to charge interest at the rate of 8% per month on the outstanding amounts.
4. If the Customer fails to make any payment within 31 days of it becoming due, the Supplier shall be entitled to remove all work carried out as part of the order and suspend all services until payment has been received in full.
5. Ownership of all worked completed under “The Order” will remain with the Supplier until all work has been paid for in full. Once full and final payment has been received, ownership will be passed to the Customer.
To enable the Supplier to perform its obligations the Customer shall:
1. co-operate with the Supplier;
2. provide the Supplier with any information reasonably required by the Supplier;
3. obtain all necessary permissions, licences and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer; and
4. comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
1. The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
2. The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.
3. The Supplier provides the following guarantee(s) in relation to the Services carried out:
4. All web site pages deemed for anonymous access (e.g. an organisation’s public web site) will operate without browser incompatibilities for version 6 and above of Internet Explorer and Netscape. The sites will render well in version 6 and above browsers but possibly with minor cosmetic flaws. Browsers below version 4 will be able to access content but there may be degradation of appearance. The Company reserves the right to specify browser requirements for non-public administration web pages. All pages will be tested on Apple Mac and Windows PC.
1. Harbourmarinepwllheli.co.k prohibits the right of any of its Customers to enter into competition with Harbour Marine Engineering Services as a result of information gleaned from its products and services.
2. Harbourmarinepwllheli.co.uk prohibits the use of the source code of any websites belonging to Harbour Marine Engineering Services in any other website not belonging to Harbour Marine Engineering Services
1. The Customer may cancel an Order by notifying the Supplier in writing at the address above within 7 days of placing an Order and any deposit paid will be refunded in full providing that work has not commenced on the order. If work has commenced, any reasonable recompense for work carried out will be deducted from refund.
2. If the Customer fails to cancel the order within the time specified in Clause 12 (i) any deposit paid may not be returnable.
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
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