Terms & Conditions of Sale

1. These terms and conditions apply to all contracts entered in to by Mallaig Boatyard Ltd (“the Company”)

2. Unless Provided in writing any verbal agreements or representations made by employees or officers on behalf of the Company do not form any contract and will not supersede these terms and conditions

3. All errors and omissions in any documentation provided are excluded and the Company will not be liable for any reliance upon such.

4. Prices are subject to change without advance notice.

5. The Company’s liability in respect of goods lost or damaged in transit shall be limited to repairing or replacing such goods.

6. All invoices are to be paid in accordance with the payment terms agreed at sale, where credit account is offered this will be 30 days and must be paid within the due dates otherwise this will impact on future credit being offered.

7. Credit is offered at the Company’ discretion and it has the right to refuse credit entirely.

8. Any issues with an invoice must be notified to the Company in writing within fourteen days of invoice date otherwise the invoice will be deemed correct and due.

9. Interest may be charged at 3% per annum above the Royal Bank of Scotland base rate on overdue accounts until such accounts are fully discharged.

10. Legal title of all goods remains with the Company until payments are received in full.

11. Until title is passed the buyer shall hold goods in trust on behalf of the Company.

12. Where goods are returned a credit or replacement will be issued by the Company upon inspection or where the Company has already provided its written consent. A handling charge of 25% will apply to all returns.

13. Where the Company has supplied goods that have been manufactured by others the Company will grant the buyer an equivalent period of warranty in line with the terms and conditions of the manufacturer or supplier to the Company.

14. Any liability for the Company will be limited to the price of the goods supplied and will not exceed this.

15. Any advice or information given in relation to goods supplied will give no additional liability to the Company and should not be relied upon unless specific written permission is given by the Company.

16. The Company will no be responsible for any damage, injury or loss caused by goods, either directly or indirectly, whilst in use or otherwise and whether or not this was as a result of defective goods. Should third party action be taken against the Company the buyer will indemnify the Company against any losses involved in such a claim.

17. The Company accepts no liability for any consequential losses (including profits) as a result of the supplied goods and/or workmanship.

18. The Company will not be liable for any loss or consequential liability or damage sustained by the buyer by reason of act of God, war, riot, fire, strike, lock-out, government control or regulation, abnormal weather conditions, accident, breakdown, or any other circumstances deemed without of the Company’s control.

19. Scottish Law will govern this contract.