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These Terms and Conditions are effective from 1st February 2007, until further notice.

Any conditions, terms, implied otherwise, detailed below which will be rendered void or unenforceable at law having regard to the Supply of Goods (Implied Terms) Act 1973, The Unfair Contract Terms Act 1977 or subsequent legislation are excluded. No other conditions terms shall be incorporated herein, unless specifically agreed and accepted thereto in writing by a director of Marine Audio prior to delivery of the goods sold.

1. Orders

All accounts are subject to a minimum order value of £100.00 excluding VAT. Any orders under £100.00 excluding VAT will need to be paid for in advance by credit or debit card. Please note all credit and debit card transactions are subject to a 2% surcharge except for Amex which is 5%. Alternatively, a Pro Forma invoice can be settled by cheque before goods are dispatched. We will not accept cancellation or return for any goods which, at our discretion, are deemed to be specially ordered or of a nature which is prohibitive to their resale.

2. Payment

Payment will be made at the due date of the month following that of invoicing unless it is specifically stated otherwise. This time period is to be deemed of the essence of the contract and such payment is a condition precedent to future deliveries.

Marine Audio reserves title over the goods and property in such goods shall not be deemed to pass to the distributor, until the distributor has paid off all debts due to Marine Audio. At our discretion the Company will levy a service charge of up to 8% per month, on all overdue amounts, payable from the date the account becomes overdue.

3. Prices

Prices charged should be those ruling at the date of invoice.

4. Deliveries

a) Marine Audio Ltd shall not be liable for failure to make deliveries if prevented or hindered by the happening of any event beyond their control, which could not reasonably have been foreseen at the date of the order whether such failure be total or partial, permanent or temporary. Strikes and lockouts of Marine Audio's appointed carriers shall be deemed to be contingencies beyond their control.

b) If at any time, deliveries are suspended from any such cause they shall be made at the contract rate when the cause of the suspension is removed unless the party not in default gives to the other after the expiration of the contract period, notice in writing cancelling deliveries of any balance remaining undelivered. In the absence of such cancellation any balance shall be delivered and so far as possible all the provisions of the contract shall apply to such further deliveries.

c) Every effort will be made to make deliveries at times convenient to the buyer but Marine Audio reserve the right to cancel any order should no firm delivery instructions be forthcoming 10 days after the order date. Any subsequent deliveries shall be conditional on availability of product.

5. Specifications

Marine Audio will do its utmost to ensure that products comply with specifications quoted in sales brochures and special offer flyers but errors and omissions must be accepted.

6. Claims

a) Inspection: The distributor shall examine the products on their delivery for any obvious damage or shortage.

b) Damage and Short Delivery: Any claims that the products are damaged or short delivered must be communicated and confirmed in writing to Marine Audio by fax on +44 (0) 1827 69106 or email at enquiries@marine-audio.com within 24 hours of delivery; any other claim that the products are not in conformity with the dispatch note must be communicated and confirmed in writing to Marine Audio within 24 hours of delivery.

c) Non-delivery: Non delivery of an expected order shall be reported to Marine Audio on telephone number +44 (0) 870 6091446 within 24 hours from the expected date of delivery and must be confirmed in writing. All orders for product in current stock ordered before 4.00pm should be expected the following working day by 5.30pm.

d) Limit on Claims: If the distributor fails to give notice or reports in accordance with this clause, products of the quality and quantity, specified in the contract, shall be deemed to have been delivered to the distributor and the distributor shall be bound to pay for the same.

7. Rejection on Delivery

The distributor shall, when giving notice of rejections, specify the reasons therefore and shall thereafter return the rejected goods to Marine Audio at the distributors risk and expense. In such case Marine Audio shall, within a reasonable time, replace such rejected goods with goods, which are in all respects in accordance with the specification or allow a due credit. Marine Audio shall be under no obligation, however, to accept such goods back unless notice of rejection shall have been given in writing within 3 days of delivery to the distributor.

8. Returning Goods

All goods that are returned to Marine Audio must be accompanied by a completed Goods Return Note (GRN) with a valid Returns Authorisation Number (RAN). A GRN must be requested before any goods are returned. Returns will not be processed until the relevant paperwork has also been received. GRNs can be requested by ringing +44 (0) 870 6091446. Please note, the Company is not responsible for the cost of returning products, this is the customer’s responsibility.

a) Return of Faulty Goods: After testing, goods that prove to be “faulty” will be replaced with an identical item, unless the item has already been replaced, in which case a credit note will be raised.

b) Return of Non-Faulty Goods: Goods, which prove “not faulty”, are damaged or not in a saleable condition, will be returned to the customer and a carriage charge invoiced to the customer account. The Company will not accept goods returned as “not required” or “wrong part ordered” and any goods returned to the Company for this reason, will be returned to the customer and a carriage charge invoiced. Any customers returning non-Marine Audioo products will be informed of their arrival and must make their own arrangements for collection. An admin fee of 25% nett value will apply to all returns which are “not required”

c) Warranty: All products purchased from Marine Audio carry a 12 month warranty from date of purchase.

9. Assignment

Rights and obligations under this contract are not to be assigned or transferred by either party.

10. Guarantee

Where the products are covered by a guarantee the terms of such guarantee shall be deemed to be part of these conditions; copies of such guarantees are available at the request of the distributor. The distributor shall only be entitled to rely upon the guarantee in so far as the defect in the equipment is such that the distributor cannot reasonably be expected to repair it.

11. Termination

Without prejudice to any other remedies Marine Audio may have against the distributor, and without prejudice to any rights which may have accrued to Marine Audio up to the date of terminations, Marine Audio shall have the right at any time by giving notice in writing to the distributor to terminate the agreement forthwith in any of the following events:

a) If the distributor becomes insolvent or makes default in or commits a breach of the contract;

b) If the distributor is guilty of any conduct which in the opinion of Marine Audio is prejudicial to Marine Audio's interests;

c) If the distributor purports to assign the burden or benefits or charge the benefits of this agreement.

12. Bankruptcy or Liquidation

Marine Audio may by notice in writing summarily cancel the contract without compensation to the distributor if the distributor becomes bankrupt or makes any arrangement or composition with or for the benefit of his creditors or being a company goes into liquidation either voluntary or compulsory.

13. Disputes

The contract shall be subject to English law and all disputed which may arise relating to or arising of the contract shall be referred to arbitration and the provisions of the Arbitration Act 1950 and of any statutory re-enactment or modification thereof for the time being in force shall apply.

14. Divisibility

a) The Company reserves the right to make deliveries/and or services by instalments and to render a separate invoice in respect of each such instalment.

b) If the Company exercises its right to make deliveries/and or services in accordance with sub-paragraph (a) above, then any delay in the provision of such deliveries/and or services, or failure to deliver any further instalment or instalments, shall not entitle the Buyer to reject the Contract or the delivery/service of any other instalment or to withhold payment in respect of any instalment previously delivered/serviced.