Teign
Systems Ltd. – Yacht Electrical Services – Terms and Conditions
These
Terms and Conditions shall apply to all business transactions, without
exception, unless other terms and conditions have been specifically agreed in
writing and also that it has been specifically agreed in writing that these
Terms and Conditions shall not apply.
Definitions
Wherever the
following words and expressions appear in these Terms and Conditions, they will
have the following meaning:
Yacht Electrical Services refers to Teign Systems Ltd. and any party/person working
(providing Services or Equipment as outlined below) on behalf of Teign Systems Ltd.
This includes employees (whether full-time or part-time),
sub-contractors, agents, or other persons authorised to provide such Equipment
or Services.
‘Equipment’
is any physical product or item supplied by Yacht Electrical Services to any
party/person, either directly or indirectly.
'Service' or ‘Services’ means any product, work or Service (either physical
or non-physical, chargeable or non-chargeable) supplied (either directly or
indirectly) to any party/person by Yacht Electrical Services which may not be covered by
the description of Equipment above. This includes any information, suggestion,
advice or opinion given, email, software programs or listings/configurations
and installation, commissioning, Service, repair or other work undertaken.
‘Customer’ is the party to whom Yacht Electrical Services has or will supply Services
or Equipment, either directly or indirectly.
‘You’, ‘Your’ and ‘Yours’ refers to the Customer as detailed above.
‘We’, ‘Us’ and ‘Our’ refers to Yacht Electrical Services as detailed above.
INDEMNIFICATION
1.1. You indemnify and hold harmless Yacht Electrical Services and anyone representing
Yacht Electrical Services against any and all liability, loss (including data), damage
and expenses (including legal expenses), whatsoever arising directly or
indirectly (which shall include consequential and indirect loss, loss of revenue
profits, data, contracts, goodwill and anticipated savings) (all of which are
referred to as “Damages”) from any of Your acts or omissions, including
those of Your employees, agents or sub-contractors, other persons You authorise
to use the supplied Equipment or Services, or persons who use or gain access to
the Equipment or Services without authorisation as a result of Your action or
omission (each, a “User”) including without limitation, any breach by You of
any of the terms of the Contract, or any content maintained, stored or
transmitted by You in connection with the Equipment or Services provided to You by
Yacht Electrical Services.
1.2. You are liable for the actions of all Users, including the failure by any
User to perform or observe these Terms and Conditions.
1.3 You acknowledge that any information, suggestion, advice or opinion
howsoever given by Yacht Electrical Services, shall be considered to be given on an
advisory basis only and that it is Your responsibility to decide whether such
advice is correct/appropriate and should or should not be applied, used or
enacted.
1.4 You acknowledge that any delivery times/completion dates given by Yacht Electrical Services
are only estimates and that Yacht Electrical Services shall not have any
liability to You for failure, howsoever caused, to meet such times/dates.
WARRANTY
2.1. We
offer a three month guarantee, against bad workmanship and faulty equipment on all Services provided, but exclude Software
Installation/Repair and/or Virus Removal from this guarantee.
2.2 Remedial work, at Our discretion, shall only be carried out at the
location where the original work was carried out.
2.3 Our completion of remedial work shall be our total liability to You
for the discharge of any warranty claim.
PAYMENTS
3.1 Payment for parts and Services must be made by guaranteed cheque or cash
prior or upon the delivery of the Services by Yacht Electrical Services.
3.2. You agree that payment for Services and carriage is non-refundable and
parts or Equipment fitted or supplied will be replaced only if found faulty
and/or covered by the manufacturer’s warranty.
LIMITATION OF LIABILITY
4.1. We hereby exclude all conditions, terms, and warranties relating to the
Equipment and/or Services supplied under this agreement, whether imposed by
statute or operation of law or otherwise, that are not expressly stated in these
Terms and Conditions including, without limitation, the implied warranty of
satisfactory quality and fitness for a particular purpose.
4.2 We will make every possible effort to preserve Your data, however We make no
guarantees whatsoever that data will be intact after Your equipment has been
repaired, modified or subject to any other Service provided by Us. You agree not
to hold Yacht Electrical Services responsible for any loss or damage to data as a result
of repairs, upgrades or any other Services carried out on Your equipment. You
agree to backup all important and valuable data prior to Our providing You with
any Services.
4.3. Our total aggregate liability to You for any claim in contract, tort,
negligence, pre-contract, or other representations or otherwise arising out of
or in connection with the provision of Equipment and/or Services shall be
limited to the maximum sum of £1,000.00 (One
Thousand Pounds) or an amount
equal to the cost of the Equipment and/or Services provided, whichever is the lesser
amount.
No claim shall be brought unless You have notified Us of the claim within
one month of it arising.
4.4. In any event We shall not be liable to You, under or in connection with
these Terms and Conditions in contract, tort, negligence, pre-contract, or other
representations or otherwise for any loss of business, loss of use, hire of
replacement vessels/equipment, contracts, profits or
anticipated savings or for any other indirect or consequential or economic loss
or damage whatsoever.
4.4 Each provision of this clause 4 excluding or limiting liability shall be
construed separately, applying and surviving even if for any reason one or other
of these provisions is held inapplicable or unenforceable in any circumstances
and shall remain in force notwithstanding the expiry or termination of this agreement.
LAW
7. This Agreement shall be governed by and construed in accordance with English
law and You hereby submit to the exclusive jurisdiction of the English courts.
ENTIRE AGREEMENT
8.1. These Terms and Conditions together with any document expressly referred to
in them, contain the entire agreement between Us relating to the subject matter
covered and supersede any previous agreements, arrangements, undertakings or
proposals, written or oral, between Us in relation to such matters. No oral
explanation or oral information given by any party shall alter the
interpretation of these Terms and Conditions.
8.2. By You agreeing to these Terms and Conditions You confirm that You have not
relied on any representation save insofar as the same has expressly in these
Terms and Conditions been made a representation and You agree that You shall
have no remedy in respect of any misrepresentation which has not become a term
of this agreement.
MODIFICATIONS
9. Yacht Electrical Services reserves the right to modify or add to these Terms and
Conditions at any time without prior notification.