SUFFOLK MARINE SAFETY LIMITED

TERMS AND CONDITIONS

FOR THE PROVISION OF SERVICES RELATING TO

THE REPAIR, SERVICE & MAINTENANCE OF MARINE SAFETY EQUIPMENT

Suffolk Marine Safety Limited (company number 3947682) of Unit 75, Claydon Business Park, Gt Blakenham, Ipswich, Suffolk IP6 0NL. Tel: 01473 833010


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FOR THE PROVISION OF SERVICES RELATING TO THE REPAIR, SERVICE & MAINTENANCE OF MARINE SAFETY EQUIPMENT

In this document the following words shall have the following meanings:

1.1 “Agreement” means the agreement to undertake repair and maintenance services generally but not exclusively to life rafts and marine safety equipment in accordance with these Terms and Conditions together with any special terms or inclusions detailed on any applicable Job Card;

1.2 “Customer” means the organisation or person who purchases Services from the Provider;

1.3 “Detailed Quotation” means a quotation provided by the Provider after the Equipment has been un-packaged at the request of the Customer to enable a closer up front inspection;

1.4 “Job Card” is a document issued by the Provider detailing the Equipment to be repaired/requiring maintenance, a brief description of the Services to be performed, the Provider’s job reference number, reference to the rates applicable, and a description of any special conditions or requirements relating to the Services;

1.5 “Equipment” means the marine safety equipment (eg life rafts, life jackets, inflatable dan buoys, safety related electronic equipment etc) forming part of the Services;

1.6 “Provider” means Suffolk Marine Safety Limited (company number 3947682) of Unit 75, Claydon Business Park, Gt Blakenham, Ipswich, Suffolk IP6 0NL.

1.7 “Service Report” means the document completed by the service technician confirming the works that have been carried out as part of the Services. The service technician signs, dates and stamps this document to confirm that the Services have been completed;

1.8 “Services” means the services provided by the Provider as described on the Job Card and on the Provider’s web site. In the event of any ambiguity, the description on the Job Card shall take precedence.

2.1 These Terms and Conditions shall apply to all contracts for the provision of Services by the Provider to the Customer.

2.2 Before the commencement of the Services the Provider shall submit to the Customer a copy of a Job Card which shall specify any special services or provisions. The Customer shall notify the Provider immediately if the Customer does not agree with the accuracy of the Job Card. All Services shall be subject to these Terms and Conditions.

2.3 The Provider shall use all reasonable endeavours to provide the Services within estimated time frames but time shall not be of the essence in the performance of any Services.

3.1 The price for the provision of Services is as quoted by the Provider. If the quote has been provided on a Detailed Quotation basis and the Customer decides not to accept the Detailed Quotation, then the Customer shall be liable for either the cost of disposing the Equipment (£35.00) or alternatively they shall accept responsibility for re-packaging the Equipment at their own cost.

3.2 The Provider shall invoice the Customer prior to collection or receipt by the Customer of the Equipment.

3.3 Invoiced amounts shall be due and payable prior to receipt by the Customer of the Equipment following completion of the Services, or within 30 days of receipt of invoice if the Customer has a credit account. The Provider shall be entitled to charge interest on overdue invoice from the date when payment becomes due from day to day until the date of payment at a rate of 10 percent per annum above the base rate of the Bank of England.

3.4 The Provider shall be entitled to refuse to hand over the Equipment back to the Customer until such time as the Customer has paid for the Services. Such circumstances shall not affect or prejudice any other right, responsibility or provision afforded to either party under this Agreement.

All Services shall be required only to conform to the specification detailed on the Job Card together with the Provider’s web site. For the avoidance of doubt no description, specification or illustration contained in any pamphlet or other sales or marketing literature of the Provider and no representation written or oral, correspondence or statement shall form part of the contract.

5.1 To enable the Provider to perform its obligations under this Agreement the Customer shall:

5.1.1 co-operate with the Provider;

5.1.2 provide the Provider with any information reasonably required by the Provider in a timely fashion;

5.1.3 obtain all necessary permissions and consents which may be required before the commencement of the Services; and

5.1.4 comply with such other requirements as may be set out in the Job Card or otherwise agreed between the parties.

5.2 The Customer shall be liable to compensate the Provider for any expenses incurred by the Provider as a result of the Customer’s failure to comply with Clause 5.1.

5.3 Without prejudice to any other rights to which the Provider may be entitled, in the event that the Customer unlawfully terminates or cancels the Services, the Customer shall be required to pay to the Provider as agreed damages and not as a penalty the full amount of any third party costs to which the Provider has committed and in respect of cancellations on less than five working days’ written notice the full amount of the Services contracted, and the Customer agrees this is a genuine pre-estimate of the Provider’s losses in such a case. For the avoidance of doubt, the Customer’s failure to comply with any obligations under Clause 5.1 may be deemed by the Provider at any time to be a cancellation of the Services and subject to the payment of the damages set out in this clause.

5.4 In the event that the Customer or any third party, not being a sub-contractor of the Provider, shall omit or commit anything which prevents or delays the Provider from undertaking or complying with any of its obligations under this Agreement, then the Provider shall notify the Customer as soon as possible and:

5.4.1 the Provider shall have no liability in respect of any delay to the completion of any project;

5.4.2 if applicable, the timetable for the project will be modified accordingly;

5.4.3 the Provider shall notify the Customer at the same time if it intends to make any claim for additional costs.

6.1 The parties may at any time mutually agree to vary the specified Services. Any alterations in the scope of Services to be provided under this Agreement shall be detailed on the Job Card or by written agreement, which shall reflect the changed Services and price and any other terms agreed between the parties.

6.2 The Customer may at any time request alterations to the Services by notice to the Provider. On receipt of the request for alterations the Provider shall, within 5 working days or such other period as may be agreed between the parties, advise the Customer by notice of the effect of such alterations, if any, on the price and any other terms already agreed between the parties.

6.3 Where the Provider gives notice to the Customer agreeing to perform any alterations on terms different to those already agreed between the parties, the Customer shall, within 5 working days of receipt of such notice or such other period as may be agreed between the parties, advise the Provider by notice whether or not it wishes the alterations to proceed.

6.4 Where the Provider gives notice to the Customer agreeing to perform alterations on terms different to those already agreed between the parties, and the Customer confirms that it wishes the alterations to proceed on those terms, the Job Card shall be amended to reflect such alterations and thereafter the Provider shall perform this Agreement upon the basis of such amended terms.

7.1 The Provider warrants that the Services performed under this Agreement shall be performed using reasonable skill and care, and of a quality conforming to generally accepted industry standards and practices.

7.2 Except as expressly stated in this Agreement, all warranties whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the Services to be provided by the Provider.

The Customer shall indemnify the Provider against all claims, costs and expenses which the Provider may incur and which arise, directly or indirectly, from the Customer’s breach of any of its obligations under this Agreement.

9.1 Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of the Provider to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the price paid by the Customer to the Provider for the Services to which the claim relates.

9.2 The Equipment shall continue to be covered by the Customer’s insurance policies throughout the provision of the Services, and in the unlikely event that the Equipment is damaged or stolen by a third party during the provision of the Services then this will be a matter for the Customer to take up with their insurers. The Provider offers no guarantees as to the absolute safety of the Equipment other than as provided elsewhere in this Agreement.

9.3 In no event shall the Provider be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the Provider had been made aware of the possibility of the Customer incurring such a loss.

Either party may terminate this Agreement forthwith by notice in writing to the other if:

10.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within 30 calendar days of being given written notice from the other party to do so;

10.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances;

10.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect;

10.4 the other party ceases to carry on its business or substantially the whole of its business; or

10.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.

11.1 Where the Services include for testing of the Equipment (eg pressure testing or electrical equipment testing) and

11.1.1 the Equipment either passes the testing criteria, or fails the testing criteria but is deemed by the Provider to be reparable, then the price chargeable shall be in accordance with the quoted rates as stated on the Job Card; or

11.1.2 the Equipment fails the testing criteria and is deemed by the Provider to be non-reparable, then the Provider shall be entitled to charge for 50% of the testing fee, plus disposal charge (£35.00) where applicable.

In the event that a Customer does not collect the Equipment as agreed or is unable to accept delivery at the agreed location, the Provider may charge the Customer storage charges at the rate of £5.00 per week, together with any costs incurred in the re-arrangement of collection or return. If, despite its reasonable endeavours, the Provider is unable to obtain payment for a period of twelve weeks, or is unable to return or arrange collection with the Customer for a period of twelve weeks, then the Provider may sell or otherwise dispose of the Equipment. The Customer hereby acknowledges and accepts that under such circumstances they shall have no claim or entitlement whatsoever to any of the proceeds received by the Provider pursuant to the selling of the Equipment. Furthermore in the event that such proceeds do not cover the total price of providing the Services then the Provider may continue to pursue the Customer for payment of any such shortfall in financial recovery relating to the Services.

The Provider shall comply with all applicable statutory (including health and safety) legislation in respect to the Equipment during the course of the Services. The Customer shall be responsible for compliance with all such applicable legislation prior to handing over the Equipment to the Provider and also from the time of completion of the Services. Completion of the Services shall be deemed to be as described on the Service Report, in the form of a calendar date. All risk and responsibility for all matters relating to the Equipment shall pass back to the Customer at midnight on the date of completion of the Services, and for the avoidance of doubt this shall include, inter alia, responsibility for checking and maintaining any medical and other equipment on or forming part of the Equipment in accordance with the law. The Provider accepts no responsibility whatsoever for any failure by the Customer to maintain the Equipment or any equipment on or forming part of the Equipment (medical or otherwise) in accordance with any applicable legislation or Code of Practice after the date of completion of the Services.

The Provider shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production, or provision by third parties of equipment or services, and the Provider shall be entitled to a reasonable extension of its obligations after notifying the Customer of the nature and extent of such events.

The Provider and the Customer are contractors independent of each other, and neither has the authority to bind the other to any third party or act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. The Provider may, in addition to its own employees, engage sub-contractors to provide all or part of the Services being provided to the Customer and such engagement shall not relieve the Provider of its obligations under this Agreement or any applicable Job Card.

The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Provider.

If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions herein shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.

The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.

Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Job Card or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.

This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

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SUFFOLK MARINE SAFETY LIMITED STANDARD TERMS AND CONDITIONS FOR THE SUPPLY OF GOODS

In this document the following words shall have the following meanings:

1.1 “Agreement” means these Terms and Conditions together with the terms of any applicable Specification Document;

1.2 “Customer” means the organisation or person who purchases goods from the Supplier;

1.3 “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable;

1.4 “Specification Document” means a statement, quotation or other similar document prepared by the Supplier describing the goods to be provided by the Supplier;

1.5 “Supplier” means Suffolk Marine Safety Limited (company number 3947682) of Unit 75, Claydon Business Park, Gt Blakenham, Ipswich, Suffolk IP6 0NL.

2.1 These Terms and Conditions shall apply to all contracts for the supply of goods by the Supplier to the Customer.

2.2 Before the commencement of the supply of goods, the Supplier shall submit to the Customer a Specification Document which shall specify the goods to be supplied and the price payable. The Customer shall notify the Supplier immediately if the Customer does not agree with the contents of the Specification Document. All Specification Documents shall be subject to these Terms and Conditions.

2.3 The Supplier shall use all reasonable endeavours to complete the supply within estimated time frames but time shall not be of the essence in the performance of the supply of goods.

3.1 The price for the supply of goods is as set out in the Specification Document. Where the Supplier chooses to invoice the Customer, the invoice will normally be provided prior to the supply of goods.

3.2 All payments by the Customer shall be due and payable prior to the supply of any goods.

All goods shall be required only to conform to the specification in the Specification Document. For the avoidance of doubt no description, specification or illustration contained in any product pamphlet or other sales or marketing literature of the Supplier and no representation written or oral, correspondence or statement shall form part of the contract.

5.1 The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods.

5.2 All risk in the goods shall pass to the Customer upon delivery.

5.3 The Customer shall provide full details of their requirements with respect to delivery and the Supplier shall have no liability to the Customer in respect of failed delivery due to the insufficiency of the information provided.

5.4 If delivery is required to be made to a residential location, then the delivery of any heavy, large or awkward items will only be made to a ground floor entrance.

5.5 If the Specification allows for a timed delivery, the Supplier shall be liable to refund the extra charge for this service if the delivery is more than 30 minutes late.

5.6 It is the Customer’s responsibility to accept delivery of the goods, either at the advised delivery location or at an agreed alternative location. The Customer is liable to pay any return load and re-delivery charges incurred by the Supplier due to its failure to comply with this Clause 5.6.

5.7 If the Customer fails to accept delivery in accordance with Clause 5.6, the goods will normally be returned to the Supplier’s depot and the Supplier shall endeavour to arrange revised delivery details. Goods will only be left on site if prior agreement is made and this is conditional upon the Customer accepting all risk in the left goods; this provision shall be a condition precedent on leaving goods and acceptance of this Clause 5.7 by the Customer is deemed to have been made.

5.8 The Customer is responsible for signing for the acceptance of goods and this is a condition precedent on delivery. The Customer is responsible for ensuring that the delivery is correct in quantity and undamaged prior to signing for the delivery. The Supplier shall have no liability to the Customer and shall have no obligation to provide a refund if the goods are not properly checked prior to signing for them.

5.9 The Supplier reserves the right to charge geographical surcharges for delivery to remote locations.

5.10 Deliveries are made by a separate delivery company and any damage caused to property by the haulier or their vehicles will be dealt with directly between the haulier and the Customer. For the avoidance of doubt, any product related damage or defective product is to be dealt with in accordance with Clause 14 (Returns and Refunds).

5.11 Goods may, at the Customer’s choice be collected by appointment from the Supplier’s premises.

Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.

7.1 To enable the Supplier to perform its obligations under this Agreement the Customer shall:

7.1.1 co-operate with the Supplier;

7.1.2 provide the Supplier with any information reasonably required by the Supplier;

7.1.3 comply with such other requirements as may be set out in the Specification Document or otherwise agreed between the parties;

7.1.4 conform to all written instructions issued with the goods pertaining to their safe and proper use.

7.2 The Customer shall be liable to compensate the Supplier for any expenses incurred by the Supplier as a result of the Customer’s failure to comply with Clause 7.1.

7.3 Without prejudice to any other rights to which the Supplier may be entitled, in the event that the Customer unlawfully terminates or cancels the supply of goods, the Customer shall be required to pay to the Supplier as agreed damages and not as a penalty the full amount of any third party costs to which the Supplier has committed and in respect of cancellations on less than five working days’ written notice the full amount of the goods contracted for as set out in the Specification Document, and the Customer agrees this is a genuine pre-estimate of the Supplier’s losses in such a case. For the avoidance of doubt, the Customer’s failure to comply with any obligations under Clause 7.1 shall be deemed to be a cancellation of the goods and subject to the payment of the damages set out in this Clause.

8.1 The parties may at any time mutually agree upon and execute new Specification Documents. Any alterations in the scope of goods to be provided under this Agreement shall be set out in the Specification Document, which shall reflect the changed goods and price and any other terms agreed between the parties.

8.2 The Customer may at any time request alterations to the Specification Document by notice in writing to the Supplier. On receipt of the request for alterations the Supplier shall, within 5 working days or such other period as may be agreed between the parties, advise the Customer by notice in writing of the effect of such alterations, if any, on the price and any other terms already agreed between the parties.

8.3 Where the Supplier gives written notice to the Customer agreeing to perform any alterations on terms different to those already agreed between the parties, the Customer shall, within 5 working days of receipt of such notice or such other period as may be agreed between the parties, advise the Supplier by notice in writing whether or not it wishes the alterations to proceed.

8.4 Where the Supplier gives written notice to the Customer agreeing to perform alterations on terms different to those already agreed between the parties, and the Customer confirms in writing that it wishes the alterations to proceed on those terms, the Specification Document shall be amended to reflect such alterations and thereafter the Supplier shall perform this Agreement upon the basis of such amended terms.

9.1 The Supplier offers no additional warranty beyond that offered by the original manufacturer of the goods.

9.2 Except as expressly stated in this Agreement, all warranties whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the goods to be provided by the Supplier.

The Customer shall indemnify the Supplier against all claims, costs and expenses which the Supplier may incur and which arise, directly or indirectly, from the Customer’s breach of any of its obligations under this Agreement.

11.1 Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of the Supplier to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the price paid by

the Customer to which the claim relates.

11.2 In no event shall the Supplier be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the Supplier had been made aware of the possibility of the Customer incurring such a loss.

Either party may terminate this Agreement forthwith by notice in writing to the other if:

12.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within 30 calendar days of being given written notice from the other party to do so;

12.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances;

12.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect;

12.4 the other party ceases to carry on its business or substantially the whole of its business; or

12.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.

13.1 The Customer has a statutory right to a “cooling off” period. This period begins once the Agreement has been made and ends on the soonest of:

(a) 7 Calendar Days after the goods have been delivered; or

(b) when the goods are used; or

(c) when the goods are opened from their original packaging.

13.2 If the Customer wishes to cancel the Agreement within the cooling off period the Customer should inform the Supplier immediately by a clear statement (e.g. a letter sent by post, fax or email to the postal address, fax number or email address specified in the Sales Literature or otherwise notified to the Customer).

13.3 To meet the cancellation deadline, it is sufficient for the Customer to send his or her communication concerning the exercise of the right to cancel before the cancellation period has expired.

13.4 The Customer may cancel the Agreement if the goods have not been delivered within 30 calendar days or the agreed final date for delivery. The Customer may also cancel the Agreement if the goods are defective.

13.5 If the Customer exercises the right to cancel he/she will receive a full refund of any amount paid to the Supplier in respect of the Agreement, subject to the provisions of Clause 13.8.

13.6 The Supplier will refund money using the same method used to make the payment, unless the Customer has expressly agreed otherwise. In any case, the Customer will not incur any fees as a result of the refund.

13.7 The goods must be returned to the Supplier within 7 Calendar Days of the day on which the Customer informs the Supplier that he or she wishes to return the goods. The Customer is responsible for paying return shipment costs if the goods are returned for any reason other than them being defective.

13.8 Refunds will be issued within 5 working days and in any event no later than 14 Calendar Days after the Supplier receives the returned goods and will include standard delivery charges. Additional costs such as express delivery will not be refunded.

13.9 Cancellation Notices shall be deemed served upon the Supplier:

In the case of a Cancellation Notice sent by post, at the time of posting; and

In the case of a Cancellation Notice sent electronically, on the day it is sent.

14.1 If the Customer chooses to exercise the right to cancel in accordance with Clause 13 above, any goods received by the Customer must be returned to the Supplier in accordance with this Clause 14.

14.2 The Customer must comply with the following when returning goods:

14.2.1 The Customer must inform the Supplier of their exercise of the right to cancel within the period required by Clause 13.

14.2.2 The goods must be returned in their unopened original packaging, unused and their original condition.

14.3 Following the receipt of the goods by the Supplier, in accordance with this Clause 14, all relevant monies paid by the Customer shall be refunded.

14.4 Should any goods be found to be defective, the Customer shall notify the Supplier within 28 days of delivery. Failure by the Customer to notify the Supplier in accordance with this clause may render the Customer ineligible to claim for any replacement or refund.

14.5 The Supplier shall replace or refund the cost of any defective goods as notified pursuant to Clause 14.4 within seven days of receipt by the Supplier of the defective goods.

14.6 Any goods purchased by the Customer in person from the Supplier’s premises and subsequently found to be defective, may be exchanged or refunded at the Supplier’s discretion. Goods shall be presented by the Customer in person at the location from which the goods were purchased.

The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the Supplier shall be entitled to a reasonable extension of its obligations after notifying the Customer of the nature and extent of such events.

The Supplier and the Customer are contractors independent of each other, and neither has the authority to bind the other to any third party or act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties.

The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Supplier.

If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions herein shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.

The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.

Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Specification Document or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.

This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

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LIFERAFT PROTECTION

Cover commences on the day of collection or delivery and runs until the Return Date.

Please note, if the liferaft is returned late, cover for the overdue period will only be extended after prior agreement with Suffolk Marine Safety Ltd.

Upon receipt of the hire fee Suffolk Marine Safety will provide cover as set out below.

Extent of Cover
Suffolk Marine Safety Liferaft Protection covers the loss, or damage to the liferaft whilst on hire due to theft or fire or howsoever caused not withstanding the exclusions set out below.

General Exclusions
Suffolk Marine Safety Liferaft Protection does not cover damage caused as a result of accidental inflation (inflation effected in any situation other than in an emergency) unless such inflation is undertaken by a third party not known to the hirer, i.e. vandalism or theft.

Claims Procedure
In the event of a claim having to be made Suffolk Marine Safety require, in the case of loss due to theft or any criminal occurrence, a copy of the crime report, and/or the crime number together with details of the Police Station, and the Police Officer dealing with the case. In the event of other loss, however caused, a signed affidavit from the hirer giving full details of how the loss occurred will be required.

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TERMS AND CONDITIONS FOR WEBSITE USE

This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website www.suffolkmariesafety.com, whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our site.

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Acceptable Use Policy which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
  • Our Cookie Policy which sets out information about the cookies on our site.

If you purchase goods from our site, our Terms and conditions of supply will apply to the sales.

www.suffolkmarinesafety.com is a site operated by Suffolk Marine Safety. We are registered in England and Wales under company number 3947682 and have our registered office at Unit 75, Claydon Business Park, Great Blakenham, Ipswich, IP6 0NL. This is also our main trading address is. Our VAT number is 344 461757. We are a limited company.

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside the United Kingdom, you do so at your own risk.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at liferafts@suffolkmarinesafety.com.

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licencors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and conditions of supply Terms and Conditions for service of Marine Safety Equipment.

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (“Rights You Licence”).

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

The views expressed by other users on our site do not represent our views or values.

You are solely responsible for securing and backing up your content.

When you upload or post content to our site, you grant the following licenses:

  • A worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the services provided by our site and across different media and to promote the site or services; and
  • A worldwide, non-exclusive, royalty-free, transferable licence to allow third parties to use the content for their purposes.

We will only ever use your materials to carry out your instructions to us – unless, very exceptionally, a court or other regulator orders us to disclose them.

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to make any use of content on our site other than that set out above, please contact liferafts@suffolkmarinesafety.com.

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

To contact us, please email liferafts@suffolkmarinesafety.com

Thank you for visiting our site.