TERMS & CONDITIONS OF TRADE

1. Terms

1.1 Strong Marine Limited (“Strong Marine”) and the customer accept that placement by the customer of any order with Strong Marine is an acknowledgment by the customer that the contract between the customer and Strong Marine is to the extent permitted by law on the terms contained in these conditions of trade;
1.2 These terms and conditions shall constitute the entire terms and conditions of a contract with Strong Marine. All other conditions, warranties, descriptions, representations, conditions as to fitness or suitability for any purpose, tolerance to any conditions, merchantability or otherwise and whether express or implied by law, trade, custom or otherwise are expressly excluded.

2. Payment

2.1 Unless otherwise agreed payment is due on the 20th of the month following receipt of goods.
2.2 Without prejudice to its rights to sue for payment or exercise any other remedy where any payment is not made on the due date Strong Marine may:
a. Re-invoice the goods at the then current full retail price; and
b. Charge the customer interest on the amount outstanding at the rate of 1.5% per month calculated daily from the due date of payment until payment is received by the company. The charging of interest does not extend the time for payment or imply any forbearance to sue or otherwise prevent recovery of overdue monies; and
c. Demand payment of the arrears as well as payment in advance for any undelivered goods before proceeding or making any further delivery of goods.
2.3 The customer agrees that if the customer defaults in paying any account the customer shall pay on demand all costs, charges and legal expenses (including costs between solicitor and own client) and including any collection costs incurred by Strong Marine in recovering payment from the customer.

3. Prices

3.1 Prices shown are exclusive of GST.
3.2 Unless otherwise advised prices quoted are on an “ex warehouse” basis and freight charges are in addition to any price for goods.
3.3 Prices shown in the standard catalogue are the retail prices and a trade discount is available. The trade discount may however be rescinded at the suppliers option for late payment.
POA – Price on Application
Special nett prices are available for bulk orders
3.4 Strong Marine’s prices are subject to alteration without notice and the price payable by the customer for the goods ordered shall be the price agreed to between Strong Marine and the customer or in the absence of such agreement the price prevailing at the date the goods are despatched. The customer should confirm prices before ordering.

4. Deliveries

4.1 The customer must notify Strong Marine if the customer does not receive any order within 7 working days of the order being given by the customer to Strong Marine. This is to enable Strong Marine to re-supply the order and contact the freight company concerned in order to process a claim within the courier’s claim period. If the customer fails to give notice within such period then Strong Marine may require the customer to pay for the goods even if the goods have not been received by the customer;
4.2 Where Strong Marine acknowledges an order which provides for delivery by instalments Strong Marine shall be entitled to payment for each instalment delivered (as if it were a separate contract) and failure to deliver any instalment shall not entitle the customer to repudiate the contract as to any instalments already delivered or any remaining instalments;
4.3 Any delivery times provided by Strong Marine are estimates made in good faith and are not a commitment or a binding contract to deliver by a specified time and Strong Marine is not bound by such estimates;
4.4 If the customer fails or refuses or indicates to Strong Marine that the customer will fail or refuse to take or accept delivery, the goods shall be deemed delivered when Strong Marine was willing to deliver them;
4.5 Strong Marine may withhold delivery at any time for any reason;
4.6 Proof of delivery will not be required from Strong Marine more than 60 days after the date of invoicing.
4.7 Strong Marine shall not be liable to the customer for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods or failure to deliver goods whether such delay or failure is caused directly or indirectly by Strong Marine for any reason beyond its control, or by an act of god, fire, armed conflict, labour dispute, civil commotion or intervention of government or otherwise.

5. Returns

5.1 a. Goods will only be accepted for credit if returned in accordance with these conditions and are returned within 30 days of date of delivery accompanied by a request for credit quoting the original invoice/packing slip number, the purchase order number, date and reason for return.
b. Prior notification of the return of goods is required and the acceptance of such goods does not imply an agreement to issue a credit note.
5.2 Returns are subject to inspection and approval and will attract a handling and restocking charge. Freight will be at the expense of the customer unless the goods were supplied incorrectly.
5.3 No credit will be allowed for:-
a. Goods which have been specially procured.
b. Goods which are specially manufactured or cut to the specifications of the customer.
c. Goods which have been used, modified or damaged.

6. Warranties and Limitation of Liability

STRONG MARINE provides a two year limited warranty on all products sold for pleasure boat usage, and a one year limited warranty for products used on commercial or charter vessels. Warranty is available around the world. Contact your nearest STRONG MARINE office for a complete list of service centres and distributors.

This warranty is subject to the following conditions and limitations;

6.1 This warranty will be null and void if:
(a) there is any neglect or failure to properly maintain and service the products.
(b) loss or damage is attributed to any act, matter or omission beyond the reasonable control of STRONG MARINE or the purchaser.

6.2 STRONG MARINE’s liability shall be limited to repair or replacement (as determined by STRONG MARINE) of the goods or parts defective in materials or workmanship.

6.3 Determination of the suitability of the product and the materials for the use contemplated by the buyer is the sole responsibility of the buyer, and STRONG MARINE shall have no responsibility in connection with such suitability.

6.4 STRONG MARINE shall not be liable for any loss, damages, harm or claim attributed to:
(a) use of the products in applications for which the products are not intended.
(b) corrosion, wear and tear or improper installation.
(c) improper use of the product.

6.5 STRONG MARINE shall not be responsible for shipping charges or installation labour associated with any warranty claims.

6.6 There are no warranties of merchantability, fitness for purpose, or any other kind, express or implied, and none shall be implied by law. If any such warranties are nonetheless implied by law for the benefit of the customer they shall be limited to a period of two years from the original purchase by the user.

6.7 STRONG MARINE shall not be liable for consequential damages to any vessel, equipment, or other property or persons due to use or installation of STRONG MARINE equipment.

6.8 This warranty sets out your specific legal rights allowed by STRONG MARINE, these may be varied by the laws of different countries. In addition, the Purchaser may also have other legal rights which vary from country to country.

6.9 To make a claim under this warranty, contact your nearest STRONG Marine office or distributor. Proof of purchase and authorisation from STRONG MARINE will be required prior to any repairs being attempted.

7. Inspection By Customer

The customer will open and check all goods supplied and report any alleged discrepancy with details of the invoice number and specifics of the claim, in writing within 7 days of the date of delivery. Any claims made outside this time will not be accepted for credit.

8. Retention of Title

8.1 Ownership and title to the goods shall not pass to the customer until Strong Marine has received payment in full of all monies owing by the customer to Strong Marine;
8.2 Risk of any loss, damage or deterioration of the goods shall pass to the customer on delivery of the goods to the customer’s premises.
8.3 The customer acknowledges that until title to the goods passes to the customer in accordance with this clause:
a. The customer holds the goods as bailee of Strong Marine and that a fiduciary relationship exists between the customer and Strong Marine;
b. The customer shall store the goods separately and in a manner so that they are clearly identified as the property of Strong Marine.
c. Strong Marine shall be entitled at any time to demand the return of the goods and shall be entitled without notice to the customer and without liability to the customer to enter any premises occupied by the customer to search for and remove the goods.

9. Representation of Product in Catalogue and other Information

While the information (including product pictures) in the Strong Marine catalogue endeavours to be accurate, specific details/features may vary from that which is represented. If your specifications are critical, please ask for clarification. Strong Marine will not be liable in the case where loss arises as a result of goods being different from that which is represented in the Strong Marine catalogue and other information.

10. Privacy

By accepting these conditions and any guarantee the customer and any guarantor agree and authorise Strong Marine to:
12.1 Obtain from any person or company any information (including credit information) that Strong Marine may require for the purpose of, or as the result of any sales by Strong Marine; and
12.2 Disclose to any third party details of these conditions (including any credit application) and any subsequent dealings including any defaults and payments which are more than 30 days overdue.