Aurora Mar Ltd General Terms and Conditions

1. General Definitions

1.1 In these terms and conditions, ‘The Company’ shall refer to Aurora Mar Ltd.
1.2 ‘The Customer’ shall refer to the other party in the contract of sale.
1.3 ‘Goods’ and ‘Materials’ shall have the meaning of any physical items or parts supplied under the contract of sale.
1.4 ‘Service’ shall refer to any time, activity, advice or help provided as part of the contract of sale by an employee or appointed agent of The Company.
1.5 ‘The Company Premises’ includes premises controlled and operated by Aurora Mar Ltd (The Company) including vehicles.

2. Application

2.1 Any order for Goods or Services received by The Company from The Customer, whether written or oral, shall be subject to these Terms and Conditions.
2.2 Where written quotes or estimates are provided to The Customer, these shall be valid for fourteen days and subject to these Terms and Conditions.
2.3 Any variation to these Terms and Conditions in relation to a contract for Goods or Services shall only be binding where the variation has been agreed and approved in writing by an authorised representative of The Company. The variation will only be valid for the duration of contract, or supply of Goods specified in the agreement and will not apply to any other agreement between The Company and The Customer.
2.4 If these Terms and Conditions are not complied with in full, The Company reserves the right to cancel all existing contracts and agreements between The Company and The Customer.

3. Prices

3.1 Prices quoted do not include carriage or packing costs for delivery from The Company to The Customer, unless specifically stated and agreed between both parties.
3.2 The Company reserves the right to vary the price of Materials, Goods or Services in relation to any unexpected increase in costs incurred by The Company in respect of materials, goods, freight or labour.
3.3 All prices quoted and invoiced shall be subject to Value Added Tax at the rate ruling at the date of supply.

4. Substitutions

4.1 The Company reserves the right at any time to substitute or make alterations to Goods or Materials which it deems necessary and appropriate, and only for Goods or Materials of a significantly similar quality and purpose.
4.2 The Customer shall accept such substitutions or alterations unconditionally, unless the original agreement detailed specific and exact goods or materials, in which case no substitution shall be made without the express agreement of The Customer. The Company reserves the right to charge The Customer for any expenses incurred in sourcing alternative Materials and the additional cost of said alternative Materials.

5. Delivery

5.1 Unless otherwise and specifically agreed, The Customer will be liable for carriage and delivery costs.
5.2 Once despatched from The Company premises, Goods become the responsibility of The Customer or their appointed carrier, however ownership of The Goods remains that of The Company until full payment is received. All goods are shipped at The Customer’s own risk.
5.3 Where a delivery date has been agreed in writing, The Company shall make all reasonable efforts to comply with The Customers instruction. The Company does reserve the right to change the delivery date without penalty where the delay is due to a breakdown of machinery or equipment, industrial action, fire, shortage of labour or materials, or any other circumstances out with the control of The Company.

6. Claims

6.1 Any claims in respect of damages or shortages to Goods or Materials received, must be made in writing by The Customer to The Company and the appointed carrier within three days of receipt of Goods. All claims must clearly identify the Goods damaged or missing. The Company will not accept responsibility for Goods which are damaged in transit after leaving The Company Premises.
6.2 Any claim disputing the provision of Services should be made within three days of The Customer receiving an invoice for the Service provided, and should clearly detail the aspect of service in dispute.
6.3 In the case of non-compliance with these conditions, The Company will deem the delivery to have been accepted by the Customer.

7. Returns

7.1 Goods returned by The Customer which are not faulty or damaged shall be returned at The Customers expense and risk.
7.2 Specifically ordered Goods which have been manufactured to The Customer’s specifications are non returnable and must be paid for in full.
7.3 The Customer will contact The Company to advise of any Goods which are to be returned, and the reason for return within fourteen days of receiving the Goods. Only Goods which are returned in a saleable condition will be accepted by The Company.

8. Payment

8.1 Unless otherwise agreed in writing, payment for Goods and Services shall be due thirty days from the date of invoicing. In the event of overdue payment, The Company reserves the right to charge The Customer five percent of the outstanding balance per calendar month, or part thereof, from the date the payment was due, until the actual date of payment.
8.2 The Company reserves the right to demand payment in advance or suitable security in lieu, and where this is not given, to cancel the agreement for supply with The Customer.
8.3 The Customer may not deduct or set-off monies payable to them by The Company against any outstanding balance owed to The Company.
8.4 Where The Customer:
(a) Has a receiving order in bankruptcy made against him, or has a receiver, liquidator or administrator appointed over his/the business property or assets, or any part of them or if any order or resolution is made for winding up The Customers business; or
(b) Ceases or threatens to cease to carry on business; or
(c) Pays an account with a cheque which is not honoured by the issuing bank, whether notified or not
then all sums due to The Company shall be immediately due for settlement in cash and are forthwith recoverable. In this instance The Company reserves the right to withhold all further deliveries and suspend all contracts with The Customer without liability attaching to The Company. Where The Company has incurred expenses on behalf of The Customer, including costs incurred on part completed contracts these costs will be payable by The Customer.

9. Right to Retain Property

9.1 The Customer accepts risk and responsibility for Goods once they have left The Company premises, however legal ownership of the Goods remains that of The Company until full payment has been received.

10. Exclusion of Liability

10.1 The Company shall not be liable in any way whether in contract, in tort, in misrepresentation or otherwise for any consequential or other loss, damage or injury, however caused, which may arise out of or in connection with the Supply of Goods or Services.
10.2 The Company liability under these conditions shall be limited to the Contract value.
10.3 The exclusion of liability extends to any Goods belonging to The Customer which are held or stored at any time in The Company’s Premises. Goods are left on The Company Premises at The Customers own risk.
10.4 The Company does not accept any liability in respect of any claim that may be made on The Customer by a third party in relation to Goods or Services supplied by The Company to The Customer.
10.5 Under no circumstances shall The Company have any liability for any advice or design provided to the customer, unless the advice or design is provided in writing on The Company’s headed paper following receipt of suitable specification from The Customer. The Customer shall be responsible for checking and confirming that the details and materials are correct. Manufacturer’s specifications and product details will be provided to The Customer on request, but The Company accepts no responsibility for errors or mis-statements contained in information received from manufacturers.

11. Jurisdiction

11.1 Contracts under these Terms and Conditions shall be governed by the Laws of Scotland and any disputes shall be determined by the courts in Scotland to the exclusion of the jurisdiction of the courts of any other country.

Aurora Mar Ltd is a company registered in Scotland, 266475.
VAT Registered – 852530732 Telephone: 07775 920039
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