Terms & Conditions
In General - The customer is referred to as 'you' or 'your'. R.K.Marine is referred to either by name or by 'we' and 'our'.
Access to and use of this Website and the products and services available through this Website are subject to the following terms, conditions. By using the Services, you are agreeing to all of the Terms of Service, which may be updated by us from time to time.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period.
All drawings, figures and information on this website is supplied by another party and although professionally prepared we will not be liable for any reason if the information published on this website is inaccurate or incorrect.
Prohibitions - You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, Trojan, worm, logic bomb or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
Terms of Sale - All orders are subject to availability and confirmation of the order price.
a) Our Contract - When you place an order, you will receive an acknowledgement email confirming receipt of your order: This email will only be an acknowledgement and will not constitute acceptance of your order.
b) Pricing and Availability - Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods, which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancel it.
c) Delivery - Delivery time stated by us are not an absolute deadline. If the delivery time is exceeded then you have no right to claim compensation or refuse the goods. When the goods have left our works or when we have informed you the goods are ready for dispatch, the goods are considered delivered (entirely without prejudice to ‘Risk' and ‘Title' sections). Care and duty for the goods is then passed to the delivering party and you. Insurance if required should be in place before this point to cover ownership and the delivery process.
d) Packing - All packing shall be the type of packing used in trade. We have no responsibility to take back any packing for disposal.
e) Return or exchange of goods - If you are not completely satisfied with your purchase, inform us of this by email and return the goods to us in their original condition within 14 working days of receipt. We will then supply a replacement or refund the value onto your credit or debit card. Delivery costs on all returns to us are at your cost.
f) Faulty goods - If the goods you received are found to be faulty on delivery, inform us of this by email with an explanation of the fault and return the goods to us within 5 working days. We will then check the faulty goods and do our best to replace the goods. If this is not possible we will refund the value onto your credit or debit card.
g) Received the wrong goods - If the goods you received are not what you originally ordered, inform us of this by email and return the goods to us in their original condition within 5 working days of receipt. We will then do our best to replace the goods with the correct goods. If this is not possible we will refund the value onto your credit or debit card.
h) Short delivery- If you have received a short delivery of your ordered goods please contact us by email with 5 working days from the time of opening the package. We will investigate the delivery. Please allow a further 14 working days for us to reply and further 14 working days to fulfil the order. In the case of the out standing goods are no longer available a refund of the shortage will be made.
I) No delivery - If you have not received your ordered goods within 14 working days from being informed of dispatch please contact us by email. We will investigate the delivery and please allow a further 14 working for us to investigate and reply.
j) Goods damaged in transit - If you have received the goods but they have been damaged in transit please contact us by email within 5 days. We will investigate the delivery and please allow a further 14 working for us to investigate and reply.
Liability - Our liability is strictly limited to the supply of goods only. If you have informed us of a problem with the goods you ordered in writing, we will only make good any faulty goods, incorrectly supplied goods, shortage or non-delivery of goods by way of replacement or refund of the amount you paid for the goods. Replacement goods or a refund will only be issued when the faulty goods, incorrectly supplied goods and goods that have been supplied but are missing shortages are returned in their original condition. We will not be liable to you for any loss of profits, administrative inconvenience, disappointment, indirect or consequential expenses, loss or damage due to the problem of our goods supply. We shall have no liability to pay any money to you for compensation other than that made under our terms and conditions. This does not affect your statutory rights as a customer in any way.
Force Majeure - We have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered that is caused by events or circumstances outside of control including, strikes and other industrial
disputes.
Risk - The risk on all goods shall pass to you when we have delivered the goods. This provision applies without limitation even in the event that damage to the goods is caused by destruction of the packing. Goods sent to us for processing, inspection or repair shall be held by us at your risk. We will undertake that any goods sent to us shall be kept and treated by us with due care and attention.
Title - The title on all goods supplied by us shall remain with us until full payment has been received by us and all your obligations arising in addition to the purchase price out the contract have been fulfilled.
Payment - Unless otherwise agreed between you and us, payment for all goods shall be due immediately at time of order. Payment shall be deemed to have been made when we receive notification of cleared funds from our bank. We reserve the right to charge interest on any sum not cleared by our bank or outstanding over your agreed credit period. A charge of 4% above Bank of England base rate can be applied daily to the outstanding amount up to the date actual payment. We reserve the right to detain and hold (a general lien) on goods pending payment in full and all your contractual obligations fulfilled. We shall be entitled to charge storage during this period.
Termination - We hold the right to suspend supply or delivery or stop any goods in transit or terminate our contract with you by notice in writing if you are in breach of any obligation cited or if your payment is rejected or if you can not pay when payment is due. We or our servants also reserve the right to recover goods from carriers or to enter premises to recover our goods. If you wish to cancel your order we have to be informed by you in writing. If we do not give consent to this cancellation then you will have to cover all costs. If we do give consent to the cancellation then we have the right to make a handling charge to cover incurred costs.
Warranty - Volvo Penta goods we supply are warranted that they are free of manufacture of material defect for a period of 12 months from date of purchase. For any material or manufacture defect reported to us within the warranty period our liability is strictly limited to repair or replacement only. If we replace goods under this liability then the replaced goods become our property. All costs that exceed our liability as mentioned above including transport shall be your cost.
Warranty is not valid:
If the defect is due to abuse, misuse or inexpert use or any other cause other than material or manufacture defect.
If the caused of defect can not be conclusively proved.
In the case of fair wear and tear.
If instructions for the use or fitting or any other instructions have not be accurately followed or observed.
Warranty shall cease:
If during the warranty period the goods supplied have been subjected to unauthorised modifications and/or repair.
If you fail to fulfil or do not within the set time fulfil any of the maintenance obligations, obligations under the contract of sale, conditions of use or operation of the goods.
Unless otherwise stated or agreed warranty obligations are limited to U.K.
Variation - R.K. Marine shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the services and/or any page of this Website.
Questions and Complaints - If you have any questions or complaints relating to your use of the website, or to the user terms, please contact us in any of the following ways:
Email: [email protected]
Phone: 00 44 (0) 1489 583585
Write to: R.K.Marine, Hamble River Boat Yard, Bridge Road, Swanwick, Southampton SO31 7EB
