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.


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