- 'The Seller' refers to EXSEA CO.,LTD.
- 'The Buyer' refers to any legal entity purchasing from the seller.
Where the seller accepts the buyer's order these terms and conditions (together with the acceptance) constitute the entire agreement between the seller and the buyer and it is expressly agreed that there are no other understandings, representations or warranties of any kind (express or implied), forming part of this contract. In particular:
- Any condition contained in the buyer's order which is inconsistent with, qualifies or is contrary to these conditions shall have no effect unless that condition is expressly accepted in writing by the seller.
- Any variation, waiver or cancellation of the buyer's order shall have no effect unless accepted in writing by the seller. Where the seller accepts cancellation, the seller may levy a handling charge of up to 20% of the price.
The seller attempts to ensure that vehicles advertised are available. However, from time to time, the stock list may not be updated automatically. In this instance, the seller accepts no liability for any loss or damage directly or indirectly arising out of or in connection with the unavailability of goods.
The seller's website and advertising only constitute an invitation to treat. Ordering goods (online or otherwise) constitutes an offer by the buyer to buy in accordance with these terms and conditions. The seller's acceptance occurs (and the contract is formed) when the goods are dispatched to the buyer.
Any quotation of delivery times by the seller are made in good faith but are an estimate and the seller shall not be bound by such quotation.
Delivery of the goods will not commence until the buyer has paid for the goods in full.
Claims for damage or loss in transit must be made against the shipping company, or the buyer's insurance provider.
While no liability for goods damaged or lost in transit will be accepted by the seller, details of any claim should be advised to the seller.
Goods supplied in accordance with the buyer's order can only be returned with the express approval of the seller.
Requests to return goods must be submitted within 7 days from the date of receipt and the original invoice number must be quoted.
Where goods are accepted (for credit or refund at the seller's discretion) they must be delivered to the seller in original condition.
Risk (including insurance responsibility) shall pass to the buyer on collection of the goods by the buyer, or on the delivery by the seller to the buyer or his agent, or to a carrier for delivery to the buyer.
Ownership of all goods sold by the seller (“the goods”) is retained by the seller until full payment is received for all amounts owing in respect of all goods supplied. This provision is designed to protect the seller in the event of, but not limited to, the bankruptcy, receivership or liquidation of the buyer, a seizure of goods by a creditor of the buyer or default in payment.
Until full payment is made the buyer agrees to:
The seller is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, invoice or acknowledgement. Due to the seller's administrative processes, errors (if any) may be discovered up to 30 days after the goods have been delivered to the buyer. The seller will notify the buyer promptly of any error or omission discovered by the seller, and give the buyer the option of returning the goods for a full refund.
The seller shall not be liable to the buyer 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 perform any term of this contract where such delay or failure is caused directly or indirectly by an act of God, fire, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or facilities and accidents, interruptions of, or delay in transportation or any other cause beyond the seller's control.
The buyer shall be solely responsible for obtaining any necessary permits under and for compliance with all legislation, regulations, by-laws or rules having the force of law in connection with the installation and operation of the goods.