Terms & Conditions

Trading Terms and Conditions for Supply of Product(s) & Service(s) by Marine Protective Films Ltd

1. Introduction

1.1 These terms and conditions (the "Terms") govern the supply of products and services by Marine Protective Films Ltd, a company registered in England and Wales (Company No. 13238131), with registered office at 3, Minster Fields, Manaccan, Helston, Cornwall, United Kingdom TR12 6JG (the "Company", "we", "us", or "our") to the customer (the "Customer" or "you").

1.2 The Customer's general terms and conditions of purchase are hereby specifically renounced. By placing an order with us ("Order") you agree to be bound by these Terms.

2. Definitions

2.1 "Agreement" means the contract formed between the Company and the Customer for the sale and purchase of the Products and/or Services.

2.2 "Products" means the goods supplied by the Company as listed on any quotation, sales order, or invoice.

2.3 "Services" means any services supplied by the Company as agreed in writing by the parties.

2.4 "Order" means any order placed by the Customer to us for the purchase of Products and/or Services.

2.5 "Price" means the total price for the Products and/or Services, including any applicable taxes, delivery charges, and other applicable costs.

3. Orders

3.1 All Orders placed by the Customer are subject to acceptance by the Company. The Company reserves the right to reject any Order.

3.2 An Order is deemed accepted when the Company issues a written confirmation, or upon delivery of the Products or performance of the Services, whichever is earlier.

3.3 Every Order made by the Customer shall be in writing and, once accepted by the Company, is considered final and irrevocable.

4. Price and Payment

4.1 The Price for Products and Services will be as set out in the Company's quotation (valid for a maximum of 15 days from the date thereof) or as agreed in writing between the Company and the Customer.

4.2 A delivery note shall be raised by the Company to accompany the Product(s) or Service(s) to the Customer's delivery address. A duly authorised representative of the Customer shall inspect and confirm receipt in full and in good condition by signing at least one copy of the delivery note to be returned by the carrier to the Company.

4.3 As soon as delivery is acknowledged by our delivery agent(s) and the receipt is confirmed by them, the Company shall raise an invoice to the Customer.

4.4 Payment for the Products and/or Services is due within 30 days of the invoice date, unless otherwise agreed in writing.

4.5 If payment is not made by the due date, the Company reserves the right to charge interest at 18% per annum on the overdue amount.

5. Delivery

5.1 The Company will make reasonable efforts to deliver the Products within the timeframe specified in the Order confirmation. However, delivery times are estimates only, and the Company shall not be liable for any delays in delivery.

5.2 Delivery of the Products will be made to the address specified in the Customer's Order, unless otherwise agreed.

5.3 Late or partial delivery of the Product(s) or execution of the Service(s) shall not give rise to any right of compensation or cancellation of the Order.

5.4 All Orders for delivery will incur a carriage charge if the value of the Order is below £500 nett. Please ask for current cost of transport.

5.5 Risk in the Products passes to the Customer upon delivery.

6. Returns and Refunds

6.1 If the Products are damaged upon delivery or not in accordance with the Order, the Customer must notify the Company within 5 working days from the date of delivery.

6.2 Those Product(s) subject to such notification must be preserved in the condition in which they arrived and shall be safely kept, along with any relevant paperwork, until an inspection can be arranged.

6.3 The Company shall, at its sole discretion, arrange an inspection and/or either replace or refund the damaged or non-compliant Products.

6.4 The Customer is responsible for ensuring that the Products are returned in their original condition and packaging if a return is agreed upon without inspection.

7. Retention of Title

7.1 Until full payment of the outstanding balances due under any invoices issued for delivery of the Product(s) or other amounts owed by the Customer, the Company shall retain title of the Product(s).

7.2 Customer is not allowed to resell, encumber or otherwise dispose of the Product(s) at that stage but must hold safe and secure until Company invokes full retention.

7.3 Failure by the Customer to pay any of the amounts due on the respective due date(s) may lead to the Company reclaiming the Product(s).

7.4 This reservation of title does not affect the risk transfer (5.5 above) to the Customer upon delivery, whereby the Customer shall bear all risks and storage burdens.

8. Warranty

8.1 The Company warrants that the Products will be free from defects in material and workmanship for a period of six months from the date of delivery.

8.2 This warranty does not cover defects resulting from misuse, improper installation, or normal wear and tear.

9. Limitation of Liability

9.1 The Company's liability for any loss or damage arising out of or in connection with the supply of Products and/or Services shall be limited to the Price paid by the Customer for the affected Products and/or Services.

9.2 Except for its intentional fault, the Company cannot accept any liability if the Product(s) have been cut, printed, processed or otherwise converted after delivery.

9.3 The Company shall not be liable for any indirect, consequential, or special damages, including but not limited to loss of profits, loss of data, or loss of business.

10. Force Majeure

10.1 The Company shall not be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure is caused by events or circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, lockouts, industrial disputes, or shortages of materials.

11. Intellectual Property

11.1 All intellectual property rights in the Products and any associated materials, designs, or trademarks are owned by the Company or its licensors.

11.2 The Customer agrees not to infringe or use any intellectual property rights of the Company without prior written consent.

12. Confidentiality

12.1 Both parties agree to keep confidential any information that is disclosed in the course of performing this Agreement, except where required by law.

13. Termination

13.1 Either party may terminate the Agreement by giving 30 days written notice to the other party.

13.2 The Company may terminate the Agreement immediately if the Customer fails to make payment, becomes insolvent, or breaches these Terms.

14. Governing Law and Jurisdiction

14.1 These Terms shall be governed by and construed in accordance with the laws of England and Wales.

14.2 Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.

15. Miscellaneous

15.1 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15.2 The Company may assign or subcontract its obligations under this Agreement without the Customer's consent.

Ref: Marine Protective Films Ltd/T&C/Sale/PJS/Eff. Date January 1st 2025.