PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY. THEY ARE PART OF YOUR CONTRACT WITH THE COMPANY AND CONTAIN LEGAL OBLIGATIONS AND LIABILITIES OF THE CLIENT
In the Contract:
“the Booking, Contract or Purchase” means the booking or purchase by a Client of any service or product offered by Superyacht PWC or Marine Education which are both trading names of Marine Resources Ltd;
“the team member” or “staff” means any trainer, coach, freelance instructor, consultant, staff member or otherwise that works with the company;
“Freelance” means any self-employed trainer, coach, instructor or person;
“the Confirmation” means the written confirmation by the Company of a Booking or Product order made by telephone, website or e-mail;
“the Form” means the paper form or e-form carrying the clients details;
“the Company” means Marine Resources Ltd trading as Superyacht PWC and Marine Education;
“the Contract” means the entire contract between the Company or Team member and the Client as contained in these Terms and Conditions, the Booking Form, Order Form and any Booking Confirmation;
“the Client” means the company, person or persons named on the Booking Form, eForm, Contract or Invoice. In the case of more than one Client, they shall be jointly and severally liable;
“the Price” means the price set out on the Booking Form, Quote, Invoice, Proforma or any Booking Confirmation;
“the Terms and Conditions” means the terms and conditions set out below;
“Working Day” means any week day (except Saturday and Sundays and public holidays in England and Wales)
2. SERVICE AGREEMENT:
2.1. The Client acknowledges that no statement or representation, expressed or implied, which may have been made by or on behalf of the Company induced the Client to enter into the Contract and that any such statements or representations do not form part of the Contract.
2.2 A service or product order is made in the name of the Client specified at the time of payment and is not transferable to another person or entity.
2.3 The company reserves its right to decline a service agreement or order at its discretion.
2.4 Where documents are being purchased by the Client a Copyright agreement will be signed, stamped, dated and emailed to the Company prior to the document being released. Only paper copies will be provided of the main document to aid us in protecting our Copyright and IP protection.
2.5 It is acknowledged that consultancy documents are for guidance purposes only, it is expected that the Client will go through each page to ensure it suits the specifics of the vessel, equipment, crew, location, procedures, local laws, managing agent guidance, ships register etc.
2.6 It is acknowledged that all documents are for guidance purposes only; it is expected that the Client will go through each page to ensure that the content reflects the true practice and follows the safety guidelines onboard, in the local area and set out by the appropriate authorities such as country regulations, flag state, ISM, SMS, Masters standing orders etc.
2.6 All documents should be revised/updated a minimum of once per annum to remain current, minor changes and revisions are included in the initial consultancy fee for a maximum period of 3 years from the date of purchase, after which time an additional consultancy fee will be charged. Any major changes to the documents during this period or after will carry an additional consultancy fee.
2.7 All documents will be provided in paper format, with daily sheets also being provided in .pdf format and are subject to copyright laws.
2.8 All product orders will aim to be dispatched seven (7) to ten (10) working days after payment or at a mutually agreed date thereafter.
2.9 Rare delays may be caused due to component manufacturing by a third party; if this occurs the Client will be notified immediately via email and given an expected delivery date.
2.10 The Client acknowledges the Terms and Conditions stated on http://www.marine-education.eu apply for Training course bookings.
3. SALES AND PURCHASE
3.1 The Seller agrees to sell and the Purchaser agrees to purchase the Goods free of all debts, liens, claims, and/or other charges in accordance with these Conditions in consideration for the Total Price.
3.2 This Agreement will be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Purchaser purports to apply under any purchase order, confirmation of order, specification, or other document). For the avoidance of doubt, no terms or conditions endorsed upon, delivered with, or contained in, the Purchaser’s purchase order, confirmation of order, specification, or other document will form part of this Agreement simply as a result of such document being referred to in this Agreement or at all.
3.5 The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing. By agreeing to purchase the Goods, the Purchaser acknowledges that he does not rely on any representations that are not so confirmed.
3.6 The quantity, quality and description of, and any specifications of, the Goods shall be those notified by the Seller to the Purchaser and the Purchaser acknowledges that all other drawings, descriptions, specifications and advertising issued by the Seller and any drawings, descriptions, or illustrations contained in the Seller’s catalogues and brochures (if any) are issued or published for the sole purpose of giving an approximate idea of the Goods described in them and so do not form part of these Conditions.
3.8 No part of these Conditions may be cancelled or varied by the Purchaser except in accordance with Condition 13 and on the terms that the Purchaser will indemnify the Seller in full against all losses (including loss of profits), costs, damages, charges and expenses (including legal fees) incurred by the Seller as a result of such cancellation or variation.
4. RIGHTS OF OWNERSHIP
4.1 Marine Resources Ltd has a substantial amount of intellectual property (IP), the underlying IP includes but is not limited to, operating procedures, risk assessments, health and safety policies, course programmes held both electronically and on paper. When a Client enters a Contract with Marine Resources Ltd, under no circumstances does this transfer any of the IP to the client.
4.2 Notwithstanding any payment received from the Client, all rights of ownership to all materials provided by Marine Resources Ltd or any of its Team Members, whether written or not, shall remain the property of Marine Resources Ltd. Copyright and distribution rights are reserved by Marine Resources Ltd at its sole discretion, except where these rights are explicitly stated in writing to have been waived.
4.3 Prior to any documents being supplied to the Client a Copyright agreement shall be signed, witnessed and returned to Marine Resources Ltd.
5. CANCELLATION AND CHANGES:
5.1 The Contract may not be cancelled or amended except as provided in these Terms and Conditions.
5.2 Cancellation must be notified at least fourteen (14) working days prior to the booked period.
5.3 In the event of a cancellation by the Client over fourteen (14) working days, the client shall be entitled to a full refund of any monies paid, with the exception of any expenses incurred by the company that are non-refundable (such as flight, accommodation bookings etc).
5.4 In the event of a cancellation by the Client under fourteen (14) working days, the client shall pay for all stages of the contract that have been commenced, including all expenses incurred.
5.4 In the event of any adverse weather conditions, including floods, storms, strong winds, fog or unforeseen circumstances, including technical problems, flight delays/cancellations, mechanical failure, shortage of water, non-availability of fuel, preventing the conducting, delivery or transmission of the service/order, the Company or a Team Member shall offer a full refund of the price (with the exception of non-refundable expenses) that have been incurred if alternative dates or dispatch dates are not agreed with the Client.
5.5 Product order cancellations will not be accepted after shipping/dispatch.
5.6 The Client agrees to waive my right of cancellation upon the commencement of the agreed upon service.
5.7 The Client understands that they will lose the right to cancel the service that they are paying for when the contract commences.
6. PRICE AND PAYMENT:
6.1 Payments must be made in full prior to services or products being rendered.
6.2 Payments must be made PIA (Payment In Advance) or CBS (Cash Before Shipment)
6.3 Payments for products must be made a minimum of ten (10) working days after invoice
6.4 Any quotations given to the Client shall be valid for ten (10) working days from the date of enquiry.
6.5 Neither the Invoice or the Invoice Proforma is a VAT invoice - if a VAT invoice is required this must be requested.
6.6 Quotations and Invoices are all 'Fixed fee plus expenses' - expenses will be levied in addition to the agreed fee and are re-inburseable by the Client immediately or PIA.
6.7 Fixed fee covers the performance of an agreed service or provision of a product for an agreed price. Extra time incurred in the performance of this shall be borne by Marine Resources Ltd. The fee shall be fixed in the currency in which the quotation is made (GBP), regardless of exchange rate changes.
6.8 Expenses relate to but are not limited to, product shipping, personnel travel (flight, taxi, train, car hire, parking, UK government rate mileage), hotel accommodation with incidental costs, purchases on behalf of the Client. The Client will be notified as to the estimate of these Expenses prior to payment.
6.9 Expenses are charged to the Client at the gross invoice rate.
6.10 The Team Member will be required to obtain receipts for expenses wherever practical. These are retained by Marine Resources Ltd and are available for inspection by the Client upon request.
6.11 The Client's responsibility is for payment to Marine Resources Ltd of the full amount agreed. The Client agrees to adjust all payments to take into account any charges levied (such as may be made by the transferring bank), such that the full amount is received by Marine Resources Ltd. The Client accepts that Marine Resources Ltd shall be entitled to recover all deducted amounts.
6.12 The Client agrees to pay all government taxes and duties, regardless of origin, that may apply to all payments to Marine Resources Ltd.
6.13 In the absence of any other agreed payment terms, all invoices shall be payable in full within ten (10) working days of the invoice date.
6.14 Payment options: Bank transfer: No handling fee. Credit card: 4% handling fee will be added to the final invoice.
6.15 Marine Resources Ltd is a VAT registered company; VAT will therefore be added and payable on all invoices.
7.1 The Company shall not accept any liability for death, personal injury, damage, expense or loss of any nature sustained by any Client other than in the case of proven negligence of the Company or its team members/staff.
7.2 No guarantees or warrantees are offered for any service (see 8.1 for purchase of Goods).
7.3 Marine Resources Ltd and its Team Members provide advice, guidance, information and services in good faith base upon information provided at the time. We do not warrant the accuracy of any information provided. Any data critical to a decision should be independently verified prior to being acted upon. Marine Resources Ltd and its Team Members accept no liability for the consequences of its information, guidance and advice whether direct of indirect.
7.4 Marine Resources Ltd do not manufacture any products and therefore offer no Product liability or warranty, this will be the sole liability of the manufacturer. Where this liability is brought to question the Client will be put in direct contact with the manufacturer to resolve the issue or pursue a claim.
7.5 Re: Em-Trak Electronics: Please carefully read and follow the instructions provided with the Em-Trak product. These will ensure you get the best performance from your new Em-Trak product. However if you have any problems, please consult our online trouble shooting guide for quick and easy help. If you are still encountering problems, you can email our dedicated customer support team at firstname.lastname@example.org who will respond within one working day to your inquiry.
8.1 The Company shall use its best endeavours to assign any warranty/guarantee provided by the manufacturer/supplier of the Goods to the Client, or where possible such warranty/ guarantee shall be issued in the name of the Client.
8.2 No warranty is provided by the Company in respect of the Goods, and the Client will not be liable for damage to the Goods howsoever arising, including but not limited to damage arising from fair wear and tear, wilful damage, failure to follow the Company’s and/ or manufacturer’s instructions (either oral or in writing), accident, acts of third parties, misuse or alteration or repair of the Goods, environmental conditions or other causes beyond its control.
8.3 Em-Trak Electronics: Em-Trak provides a comprehensive three year warranty against manufacturing faults. For their full warranty statement please see their web site. In the unlikely event that the product malfunctions please contact their Customer Support Department who will resolve the problem in the shortest possible time.
8.4 Except as expressly stated in these Conditions, all warranties whether express or implied by statute, common law, or otherwise (including but not limited to fitness for purpose) are hereby excluded to the fullest extent permitted by law.
9. FORCE MAJEURE:
8.1 Marine Resources Ltd will not be responsible for any delays or failure to complete its service / product delivery which are beyond its control and which could not be predicted.
9.1 The contract shall be governed by and construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts.
9.2 The failure by either party to enforce at any time or for any period any one or more of the terms and conditions of this agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this agreement.
10. WEBSITE DISCLAIMER:
10.1 The information contained in this website is for general information purposes only. The information is provided by Marine Resources Ltd and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
10.2 In no event will Marine Resources Ltd or any of its Team Members be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
10.3 Through this website you are able to link to other websites which are not under the control of Marine Resources Ltd. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
10.4 Every effort is made to keep the website up and running smoothly. However, Marine Resources Ltd takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
11.1 Upon making an Invoice payment or online payment, the Client accepts that all the Terms and Conditions above have been read, understood and agreed.