Clyde Marine Uniforms - Terms and Conditions

These terms and conditions do not affect your statutory rights

These terms & conditions relate to all orders placed on http://www.clydemarineuniforms.com/

Clyde Marine Uniforms is part of Clyde Marine Training Ltd as from this point forward referred as Clyde Uniforms.

ACCEPTANCE

1.1.    By completing our online order form you agree to these Terms and Conditions which form the only agreement between us.

2.    Clyde Marine Training’s Conditions of Sale Apply

2.1.    Unless otherwise specifically agreed in writing by Clyde Marine Training Limited a company registered in Scotland with company number SC100124 and having its registered office at 209 Govan Road, Glasgow, G51 1HJ. (“Clyde Marine Training”). All quotations and contracts for the supply of goods by Clyde Uniforms are made upon these Conditions of Sale (“the Conditions”) which shall at all times override any terms and conditions which the purchaser of such goods (“the Purchaser”) imposes or seeks to impose.

2.2.    Delivery of any goods following a quotation for supply made by Clyde Uniforms will be made only upon the Conditions. Orders are accepted subject to the Conditions.

2.3.    Any variation must be approved by an authorised Clyde Uniforms employee and be in writing. Any quotation or estimate is given subject to the Conditions.

2.4.    “The Contract” means any contract made between the parties that incorporate the Conditions.  

PAYMENT TERMS

3.1.    Terms of payment are strictly net monthly for credit accounts (i.e. payment on or before the end of the month following the month during which the invoice is dated) and in default Clyde Uniforms shall be entitled without notice to the Purchaser (even if the Purchaser has entered into a contract of sale or supply in respect of the goods with a third party) to:

3.1.1.    terminate any outstanding order or quotation;

3.1.2.    withhold and/or suspend supplies; or

3.1.3.    reduce the Purchaser’s credit limit.

3.2.    Clyde Uniforms shall also be entitled, at their discretion, to require (and, if called upon to do so, the Purchaser shall make) immediate payment of any and all monies in respect of goods supplied whether these monies would ordinarily be due for payment at that time or not.

3.3.    No payment shall be deemed to have been received until Clyde Uniforms has received cleared funds.

3.4.    In the event that the Purchaser tenders payment by cheque and the cheque is subsequently returned by the Purchaser’s Bankers unpaid, the Purchaser will also indemnify Clyde Uniforms in respect of all resulting bank charges incurred by Clyde Uniforms.

3.5.    The Purchaser shall make all payments due under the Contract without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Purchaser has a valid court order requiring an amount equal to such deduction to be paid by Clyde Uniforms to the Purchaser.  

PRICE AND PAYMENT

4.1.    All prices displayed in Clyde Uniforms’ catalogues both printed and online are subject to VAT where applicable.

4.2.    Prices are correct at time of publishing and are subject to change without prior notice.

4.3.    The price charged to the Purchaser will be the prevailing price at the time of ordering.

4.4.    At any given time, despite our best efforts, a small number of items on our site may be mispriced. We do, however, verify prices as part of our shipping procedures. If we discover that an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

4.5.     All prices are subject to carriage and other charges as set out on the order form.

4.6.     Full payment is due at the time of order.

RETENTION OF TITLE

5.1.    Although risk in the goods supplied passes to the Purchaser on delivery, legal title in such goods shall not pass to the Purchaser until Clyde Uniforms has received in cleared funds the full price payable for such goods and all other goods supplied by Clyde Uniforms to the Purchaser for which payment is then due.

5.2.    Until legal title passes, the Purchaser shall hold the goods as Clyde Uniforms ‘s fiduciary agent and shall keep them properly protected, insured and stored separately from any other goods (whether or not supplied by Clyde Uniforms). Until that time the Purchaser is entitled to resell or use the goods in the ordinary course of its business but shall account to Clyde Uniforms for the proceeds of sale and pending payment shall hold such proceeds on trust for Clyde Uniforms absolutely.

5.3.    The Purchaser’s right to resell or use the goods shall terminate automatically on the occurrence of any event set out in Condition and/or if any sum owed to Clyde Uniforms by the Purchaser is not paid when due.

5.4.    Until such time as legal title in the goods passes to the Purchaser Clyde Uniforms may at any time require the Purchaser, its liquidator, receiver, administrative receiver or administrator to return the goods and/or may repossess the goods by entering upon any premises of the Purchaser or any third party where the goods are reasonably believed to be stored.

5.5.    In addition and without prejudice to any other right or remedy available to Clyde Uniforms, if the Purchaser is in breach of the payment terms or of any of its obligations under this clause, Clyde Uniforms shall be entitled to:

5.5.1.    cancel the Contract;

5.5.2.    suspend further deliveries; or

5.5.3.    Terminate any outstanding order or quotation without incurring any liability whatsoever as a consequence of this action.

5.6.    Clyde Uniforms reserves the right at any time before title in the goods has passed to the Purchaser to require the Purchaser to deliver up the goods if any of the events specified in Condition occurs.

DELIVERY

6.1.    Terms and conditions for delivery are only applicable in the UK. For delivery outside the UK please contact Clyde Uniforms’ export department.

6.2.    Unless otherwise agreed delivery of the goods shall take place at the Purchaser’s place of business.

6.3.    Where Clyde Uniforms makes delivery of the goods to the Purchaser’s place of business or any other place as agreed in writing, all charges in relation to carriage, including, without limitation transport costs, insurance and unloading, will at Clyde Uniforms’ option, be borne by the Purchaser.

6.4.    If for any reason the Purchaser does not accept delivery of any of the goods when they are ready for delivery then the goods will be deemed to have been delivered, risk passing to the Purchaser (including for loss or damage caused by Clyde Uniforms’ negligence) and Clyde Uniforms may:

6.4.1.    store the goods until actual delivery whereupon the Purchaser will be liable for all related costs and expenses (including without limitation storage and insurance); or

6.4.2.    sell the goods at the best price readily obtainable and (after deduction of all reasonable storage and selling expenses) charge the Purchaser for any shortfall below the Contract price.

6.5.    Clyde Uniforms reserves the right to deliver in installments and any failure to deliver one installment will not entitle the Purchaser to terminate the Contract.

6.6.    The quantity of any consignment of goods as recorded by Clyde Uniforms upon dispatch from Clyde Uniforms’ place of business shall be conclusive evidence of the quantity received by the Purchaser on delivery unless the Purchaser can provide conclusive evidence proving the contrary.

6.7.    Claims for shortages or damaged goods must be made in writing to Clyde Uniforms within 3 days of receipt.

6.8.    Claims for non-delivery must be made to Clyde Uniforms within 10 days of date of dispatch shown on invoice.

 

QUALITY

7.1.    If the Purchaser establishes to Clyde Uniforms’ reasonable satisfaction that there is a defect in the goods or there is some other failure by Clyde Uniforms in relation to the conformity of the goods with the Contract, then Clyde Uniforms shall, at its option and at its sole discretion and within a reasonable time:

7.1.1.    replace such goods with goods which are in all respects in accordance with the Contract; or

7.1.2.    issue a credit note to the Purchaser in respect of the whole or part of the Contract price of such goods as appropriate having taken back such goods, subject, in every case, to the remaining provisions of this Condition provided that the liability of Clyde Uniforms under this Condition shall in no event exceed the purchase price of such goods and performance of any one of the above options shall constitute an entire discharge of Clyde Uniforms’ liability under this warranty.

7.2.    Condition 8.1 shall not apply unless the Purchaser:

7.2.1.    notifies Clyde Uniforms in writing of the alleged defect within days of the time when the Purchaser discovers or ought to have discovered the defect; and

7.2.2.    affords Clyde Uniforms a reasonable opportunity to inspect the relevant goods.

7.3.    If Clyde Uniforms elects to replace the goods pursuant to this Condition, Clyde Uniforms shall deliver the replacement goods to the Purchaser at Clyde Uniforms’ own expense at the address to which the defective goods were delivered and the legal title to the defective goods which are being replaced shall (if it has vested in the Purchaser) re-vest in Clyde Uniforms and the Purchaser shall make any arrangements as may be necessary to deliver up to Clyde Uniforms the defective goods which are being replaced to Clyde Uniforms.

7.4.    Clyde Uniforms shall be under no liability under the warranty in this Condition:

7.4.1.    in respect of any defect arising from willful damage, negligence, abnormal storage conditions, failure to follow Clyde Uniforms’ or the manufacturer’s instructions whichever is appropriate (whether oral or in writing).;

7.4.2.    if the total price for the goods has not been paid by the due date for payment;

7.4.3.    in respect of any type of defect or damage specifically excluded by Clyde Uniforms by notice in writing; or

7.4.4.    if the Purchaser makes any further use of the goods after giving notice in accordance with this Condition.

7.5.    The warranties set out in this is document are the only warranties which shall be given by Clyde Uniforms and all warranties, conditions and other terms implied by statute are expressly excluded.

 

LIABILITY

8.1.    Subject to Condition 8 above this Condition sets out the entire liability of Clyde Uniforms (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Purchaser in respect of:

8.1.1.    any breach of the Conditions or the Contract; and

8.1.2.    any representation, statement or delictual act or omission including negligence arising under or in connection with the Contract.

8.2.    Nothing in the Conditions excludes or limits the liability of Clyde Uniforms for death or personal injury caused by Clyde Uniforms’ negligence, or for fraudulent misrepresentation.

8.3.    Liability for any direct loss or damage which arises out of or in connection with the Contract shall be limited to the contract value.

8.4.    Clyde Uniforms shall not be liable to the Purchaser for any loss of profit or other economic loss (direct or indirect), indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) or loss or damage (contractual, delictual, breach of statutory duty or otherwise) which arises out of or in connection with the Contract, or for any liability incurred by the Purchaser to any other person for any economic loss, claim for damages or awards howsoever arising from the goods or otherwise.

8.5.    We will replace faulty goods at our expense but will not be liable for any labour cost, administrative cost, loss of profit or any other compensation arising from any problem relating to the goods.

8.6.    Delivery times are given as a guide and we will not be liable for any loss or cost resulting from a late delivery.

8.7.    Our web site contains a great number of measurements and details and these are offered as a guide only. If any measurement is found to be wrong and causes a problem for you we will replace or refund the value of the product but will not be liable for cost or compensation.

DISPUTES

9.1.    Disputes arising from our supply shall be dealt with under Scottish Law.

9.2.    These conditions do not affect your statutory rights.

SAFETY AND PRODUCT RECALLS

10.1.    The Purchaser shall comply at all times with the written instructions and all written guidelines issued from time to time attached to the goods concerning their storage and use and the Purchaser shall refer its employees and its customers to such instructions and guidelines.

10.2.    The Purchaser should satisfy itself that the persons responsible for the storage and use of any goods supplied by Clyde Uniforms have all the information required on health and safety and Clyde Uniforms shall not be liable to the Purchaser in any civil proceedings brought by the Purchaser against Clyde Uniforms in respect of a breach of the user instructions or any applicable health and safety legislation or any regulations, orders or directions made pursuant to such health and safety legislation in force from time to time or under any directive, regulation, order or other instrument relating to health and safety where such exclusion of liability is permitted by law.

10.3.    The Purchaser shall keep Clyde Uniforms properly informed of all customer complaints concerning the goods and shall comply with any directions of Clyde Uniforms in any issues, proceedings or negotiations relating to such complaint.

10.4.    In the event of any recall of the goods by Clyde Uniforms the Purchaser shall co-operate fully and promptly with any steps taken by Clyde Uniforms under the Condition below.

10.5.    Clyde Uniforms may at its discretion recall any goods already sold by Clyde Uniforms to its customers, (whether for a refund or credit or for replacement of the goods which shall in each case by undertaken by Clyde Uniforms) and/or issue any written or other notification to its customers about the manner of use of any goods already sold by Clyde Uniforms to its customers. The customer agrees to give all reasonable assistance to Clyde Uniforms or the manufacturer in resisting any claim which may arise under any recall of product by Clyde Uniforms or the manufacturer of such product.

WARRANTIES & SUITABILITY

11.1.    Where a guarantee is given that exceeds your entitlement under UK Law such guarantees are offered by the product manufacturer and not Clyde Marine Uniforms. We will assist you in pursuing any claim you have under a manufacturers guarantee.

11.2.    This site is published with the intention of assisting you, our customers and all information is provided in good faith. We cannot guarantee the accuracy of the information or suitability for purpose of any product. We, any of our staff or directors will not accept liability for any loss or damage arising from the use of this site or the information within it.

FORCE MAJEURE

12.1.    Clyde Uniforms reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the goods ordered by the Purchaser (without liability to the Purchaser) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of Clyde Uniforms including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lockouts, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials provided that, if the event in question continues for a continuous period in excess of 180 days, the Purchaser shall be entitled to give notice in writing to Clyde Uniforms to terminate the Contract.

TERMINATION

13.1.    Clyde Uniforms may, as it thinks fit, (without prejudice to any other rights or remedies it may have against the Purchaser) immediately suspend further performance of the Contract or cancel delivery of the goods or stop any goods in transit or by notice in writing to the Purchaser terminate the Contract without liability to Clyde Uniforms if:

13.1.1.    the Purchaser commits a material breach of any of its obligations under the Contract which is incapable of remedy;

15.1.2.    the Purchaser fails to remedy a breach of its obligations under the Contract which is capable of remedy, or persists in any breach of any of its obligations under the Contract after having been requested in writing by Clyde Uniforms to remedy or desist from such breach within a period of days;

13.1.3.    any distress execution or diligence is levied upon any of the Purchaser’s goods or property and is not paid out within days of it being levied;

13.1.4.    the Purchaser (being a partnership) or the Purchaser’s partner offers to make any arrangements with or for the benefit of the creditors of the Purchaser or the Purchaser’s partner generally or there is presented in relation to the Purchaser or the Purchaser’s partner a petition of bankruptcy;

13.1.5.    the Purchaser (being a limited company) is deemed to be unable to pay its debts within the meaning of Section of the Insolvency Actor the Purchaser calls a meeting for the purpose of passing a resolution to wind up its company or such a resolution is passed or the Purchaser presents or has presented a petition to wind up or present or have presented a petition or appoint an administrator or have an administrative receiver or receiver appointed to the whole or any part of the Purchaser’s business, undertaking, property or assets;

13.1.6.    the Purchaser ceases, or threatens to cease, to carry on business; or

13.1.7.    a secured lender to the Purchaser takes any steps to obtain possession of the property on which it has security or otherwise to enforce its security.

13.2.    Notwithstanding any such termination or suspension in accordance with the above the Purchaser shall pay Clyde Uniforms at the Contract rate all payments subsisting at the time of termination.

PRODUCT INFORMATION

14.1.    Whilst Clyde Uniforms has made every effort to ensure that details and information given in both our printed and online publications are accurate at the time of issue, full technical specifications are not necessarily included and furthermore, Clyde Uniforms’ policy is one of continuous improvement and the right is reserved to alter details and information as the need arises.

14.2.    Accordingly, the Purchaser should check any details and information they wish to rely on with Clyde Uniforms at the time of purchase. Clyde Uniforms cannot accept liability in respect of any errors or omissions herein contained or for any loss or damage, malfunction or consequential loss arising from reliance upon our publications.

15.    Clyde Uniforms Disclaimer

15.1.    Any products shown in both our printed or online publications do not represent endorsement by Clyde Uniforms of any other products, services or organisations.

16.    Colour Reproduction

16.1.    The colour reproductions of the garments featured in both our printed or online publications are as accurate as the printing or electronic process will allow.

16.    Data Protection

16.1.    Clyde Uniforms will at all times comply with its obligations under the Data Protection Act. For further information please see Clyde Uniforms’ Privacy Policy.

ONLINE SECURITY & SAFETY

17.1.    We will do our utmost to ensure that we deal with you in a safe way.

17.2.    Our Computers system is protected by a firewall that is designed to prevent hackers from gaining access to our computer held records. We cannot guarantee that hackers will not break our security and will not accept any liability of any loss if such an event occurs.

17.3.    We use anti-virus software to scan all emails before transmission but we cannot be held responsible for any damage or loss arising from such an event occurring.

ASSIGNMENT

18.1.    The Purchaser shall not be entitled to assign the Contract or any part of it without the prior written consent of Clyde Uniforms.

18.2.    Clyde Uniforms may assign the Contract or any part of it to any person, firm or company.

GENERAL

19.1.    Each right or remedy of Clyde Uniforms under the Contract is without prejudice to any other right or remedy of Clyde Uniforms whether under the Contract or not.

19.2.    Each party agrees to keep secret and confidential all information obtained or disclosed as a result of the relationship of the parties under the Contract.

19.3.    If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

19.4.    Failure or delay by Clyde Uniforms in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.

19.5.    Any waiver by Clyde Uniforms of any breach of, or any default under, any provision of the Contract by the Purchaser will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.

19.6.    The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by the laws of Scotland and the parties submit to the exclusive jurisdiction of the Scottish courts.

COPYRIGHT & TRADEMARKS

20.1.    The information on this site is copyright of Clyde Marine Uniforms. You may copy the information for the sole purpose of ordering from us. Any other use of this site and its contents is prohibited without our written agreement.

20.2.    Trade marks and names included in this site are owned by us or our suppliers and should not be used in a way that infringes on their holders rights.

ALL RIGHTS RESERVED

21.1.    No part of any Clyde Uniforms publication may be reproduced or transmitted in any form or by any means including photocopying and recording, without the written permission of the copyright holder, application for which should be addressed to the publisher.

21.2.    Such written permission must be obtained before any part of this publication is stored in a retrieval system of any nature.

21.3.    All prices are subject to alteration without notice.

21.4.    Clyde Uniforms reserves the right to amend these Conditions from time to time.