TERMS & CONDITIONS
PENNINE MARINE – OUR TERMS AND CONDITIONS
INTRODUCTION
As one of the largest and best established marine businesses in the UK, we fully understand that our reputation is very valuable. We also understand that us having a good reputation as a business only comes from us having satisfied customers over a period of many years.
We therefore will always endeavour to try to keep you, our customer, satisfied. However all customers should understand that your order is only accepted by us as being subject to these terms and conditions.
YOUR LEGAL RIGHTS
Our terms and conditions do not affect your statutory or legal rights.
DISTANCE SELLING REGULATIONS
If you ordered the products on line or by mail order, then the distance selling regulations will apply to your purchase.
CONTACT DETAILS FOR DAMAGE, CUSTOMER COMPLAINTS AND WARRANTY ISSUES
Please contact Pennine Marine immediately for all complaints, including all defective products, damage, warranty and defect claims. We can be contacted six days during normal working hours (not evenings, Sundays and not bank holidays).
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Unit 1 Dansk Way, Backstone Business Park ,
Leeds Road, Ilkley, West Yorkshire LS29 8JZ - Telephone 0113 532 8575
- E-mail info@penninemarine.com
APPROPRIATE TRAINING, EXPERIENCE AND QUALIFICATIONS
Before you (or others) use any marine product that Pennine Marine sell - such as a boat, engine, spares, accessories or trailer - you the customer must ensure that you and others who will use our products have adequate training, experience and qualifications to understand it and operate it safely.
Your operation of the high performance and specialist products that we sell needs to be in accordance with all good practice, marine rules, various regulations and all legislation.
If you are unsure of the training, experience or qualifications requirements that you will need to operate our products safely, please ask before purchasing any goods or services from us. If required, we will explain the training requirements before you purchase.
Pennine Marine do not provide training on the safe use of boats, engines or other marine products. It is your responsibility to obtain the necessary training from a suitable training provider. For leisure users in the UK this should be from an RYA approved centre. Overseas this should be from the local equivalent of the RYA. For all commercial and professional operators this should be in accordance with the relevant government and coastguard agencies.
Pennine Marine will demonstrate "free of charge" all products that are collected from us in Skipton or where we are delivering products to you with our own staff. For products brought under "distance selling rules" we will not be able to demonstrate it to you.
Before using any parts or components supplied by Pennine Marine you should ensure that you (or the person undertaking works on your behalf) understands all the appropriate manufacturer’s instructions and recommendations and has the appropriate qualifications, tools and instructions to undertake specialist works.
We will not accept any claim whatsoever for damage or defective products, or damage, or injury caused where the you (or any another user) of any products supplied by Pennine Marine has inadequate training, experience and qualifications.
We will not accept any claim for a refund where you (or any another user) of any products supplied by Pennine Marine has inadequate training, experience and qualifications for the product and you therefore decide that you wish to return the product to us because after purchase you decided you were not capable of using it.
INSURANCE
Before you use (or undertaking any work with) any of the marine products that we sell, please ensure that you have adequate insurance in place for the use of the products. These products should never be used without your insurance cover being current and complete.
This insurance should be adequate to replace the value of the product, cover all possible personal injury claims and all possible damage to yours and third party property. A minimum insurance level of £2M is recommended.
You will need to honestly inform the insurers of all intended uses, risks
DEFECTIVE PRODUCTS
If you know or believe that the product we supplied to you is defective (or you believe it may be defective) then at the earliest opportunity you should report the problem to us here at Pennine Marine.
If the product is defective, or believed to be defective, when you are using it, then you should not use it (and for engines stop using it immediately). Continuing to use it could cause significant extra damage. In addition the continued use of a defective product may cause safety, health and environmental issues. There is a severe risk of personal injury being caused to yourself (and others) if you knowingly continue to use a defective product.
Once a defective product is reported to us, then we will work with you to resolve the problem. This will often involve us contacting the product’s manufacturer in order to resolve the issue. You may need to contact and work with the manufacturer’s representative in order to help us to resolve the issue.
If the product we supplied you with is defective and/or not reasonably fit for purpose we will repair or replace it, or we will refund your payment.
REFUND VALUE
The maximum value of the total refund from Pennine Marine to you for any defective product sold by ourselves is strictly limited to the amount of the single transaction in which the defective product was sold by us to you.
OTHER FINANCIAL LOSS AND EXPENSE
Please note that for all transactions that under no circumstances whatsoever (either involving defective products or for any other service or at any other time) do we accept any type of financial loss and expense liability whatsoever, be this for any type of consequential loss, financial loss, business interruption, loss of holiday enjoyment, loss of earnings or indeed any other similar claim.
WARRANTY AND GUARANTEES
On all new products, the warranty and guarantee that you receive from Pennine Marine is limited strictly to that provided and backed by the product’s manufacturer. We do not offer any other explicit or implied extended warranty or guarantee on any other new product.
To keep the manufacturer’s warranty, you will need to fully understand the instructions that are provided with the product and thereafter use the product strictly within the conditions and parameters that it is designed to be used for.
You also need to ensure that the products are used strictly in accordance with these instructions, including regular inspection, maintenance, lubrication, replacement and repair of worn components.
DELIVERY PERIOD AND CHARGES
We will normally quote you the approximate delivery period when we are preparing a quote, or when you order the goods from us.
Delivery charges will also be quoted to you by us at that time.
You must provide us with a complete and correct delivery address (including postcode) where the goods we dispatch can be received safely and securely. These goods may need to be signed for; therefore this delivery address should be manned during normal working hours.
In the UK the delivery period for most of our smaller products means the delivery period is normally within seven working days, to the rest of Europe within 14 working days.
However certain specialist products, rare items, products not held in stock or products needing to be specially imported by us will take considerably longer than our standard delivery period for us to procure and then dispatch to you. Please note that this longer period definitely applies to many older and less commonly used Japanese made outboard engine spare parts.
We dispatch our products to you by our most appropriate choice of Royal Mail Post, Royal Mail Special Delivery, Parcelforce, Courier, Palletised Transport or Specialist Haulier.
Most small and medium sized packages are dispatched from here by courier- this is normally “next day” once we have processed your order and from when we have it packaged ready for dispatch.
The delivery period starts counting from when your payment is received by us. For cheques, bank transfers and all overseas payments this will be when our bank confirms that your payment has been received.
If meeting a critical, or key, or important delivery date is important you as our customer then you must inform us of your deadline (or your expectations) before you order from us.
If there are key dates to be met then we can only advise that you allow longer than the minimum period quoted above so you can be sure that a product arrives from us well before your deadline.
Please note that we will not accept any liability whatsoever for business interruption, consequential loss, loss of earnings, holiday interruption, financial loss or any other type of expense that you may incur that is related to the late arrival of any product we supply and deliver.
If the product delivery is badly overdue and/or very unreasonably late being delivered, then you are entitled to a full refund when you return the goods to us.
LEGAL OWNERSHIP
Legal ownership of all products sold by Pennine Marine remains ours until full payment has been received by us from you. If payment is delayed (or stopped, or disputed by you) then legal ownership of all goods and services supplied by us will remain with Pennine Marine.
PRODUCT DAMAGED DURING DELIVERY
If products that have been supplied to you that have been damaged in transit, please do not use them and report the damage to us immediately. We will replace them. Please keep evidence of the damage, including all packaging and receipt notes. Please do not sign for the delivery/courier company receipt for products and/or packaging that is obviously damaged.
PRODUCT RETURNS AND REFUNDS
All products being returned to us for refund must be returned complete and unused and you must provide us with a reasonable explanation of why they are being returned us.
We will not refund the value of any delivery and/or collection charges incurred with the returned products.
We will not refund products that have obviously been used.
PAYMENT BEFORE DISPATCH
For any UK orders we will not dispatch our products from here to your delivery address until your payment has been received and has been cleared into our bank.
We will take most forms of payment, however please check with ourselves if you want to pay a large sum by a less conventional method.
OVERSEAS/ INTERNATIONAL EXPORT ORDERS
For all overseas/international export orders;
A. We reserve the unconditional right in all circumstances not to take any/some overseas/international export orders from certain counties, organisations and individuals.
B. We will not accept any credit card payment for any overseas/international order.
C. We do not export to the USA, either directly or indirectly. This is for litigation and product liability insurance reasons.
D. Dispatch of products from here to your overseas delivery address will not commence until your payment has been received and payment has been cleared into our bank. Therefore if there is a delay in the international bank clearing your payment into our account then your products will not be dispatched. This international delay should be added to the dispatch/delivery period that is given above and/or we have quoted to you.
E. For all accepted international orders, we will only deliver them to an address where we believe the delivered product will be secure and can be signed for. We therefore reserve the right not to dispatch products from here until we know that the recipient’s name and receiving address can reasonably be deemed to be both safe and secure.
OUR RIGHT NOT TO TRADE WITH YOU
As a matter of principle Pennine Marine only seeks to trade and do business with reputable countries, organisations and individuals.
In certain circumstance we will quite simply not supply certain people any products, goods and services. Our right not to trade with you is unconditional and our right to do this is entirely at our own discretion and this will be without any explanation being forthcoming from ourselves.
If we have accidentally taken payment in these circumstances from a customer with whom we will not do business with, then we will issue a full refund.