Terms & Conditions

ACCEPTANCE AND APPLICATION OF OUR TERMS OF BUSINESS:
1. Orders made by a customer (the Customer) shall be subject to acceptance by Navimaps Ltd t/a Navionics UK of the Jetty, Sutton Harbour Marina, Plymouth, Devon PL4 0DW (Company Number: 11843519) (the Seller) and shall be on the following express terms and conditions of business (Terms of Business)
2. No additions or alterations (including, in particular, any terms or conditions of the Customer’s order form) shall apply unless specifically agreed in writing by the Seller.
3. In the absence of written acceptance of these terms, the giving of any instructions for work or delivery or acceptance of payment for any of the goods covered hereby shall constitute an acceptance of these terms. All orders and contracts are received subject to review and acceptance in writing or issuing of an invoice by the Seller. Typographical errors are subject to correction.

DELIVERY, RISK & TITLE:
1. Any stated delivery date, period or rate, is given as a guide only and time of delivery shall not be of the essence. The Seller accepts no responsibility for loss or damage resulting from delay, howsoever arising.
2. The risk in the goods shall pass to the Customer on the date of delivery.
3. Notwithstanding delivery and the passing risk of:
  1. title to the goods shall remain with the Seller until the Customer has paid all monies owed by it to the Seller (i) under this contract and (ii) under any other contract between the Customer and the Seller or on any account whatsoever.
  2. Until such payment is made, the Customer shall hold all goods and materials only as agent for the Seller and shall store such goods and materials at no cost to the Seller so that they are clearly identified as belonging to the Seller.
  3. So long as title in any goods rests in the Seller pursuant to this condition, the Customer may sell the same in the ordinary course of business (but not otherwise) and the proceeds of such sale of the Customer’s claim for such proceeds shall be held by the Customer as agent for the Seller until such payment is made as aforesaid.
  4. If the Customer enters into liquidation or receivership, bankruptcy or any other insolvency proceedings with it’s creditors or upon any breach by the Customer of any of it’s obligations hereunder whether as to payment or otherwise the Seller may (without prejudice to any of its other rights and remedies) by notice in writing revoke the Customer’s authority to sell such goods and materials as aforesaid and recover and resell any or all of such goods or materials and may enter upon the Customer’s premises for that purpose.
4. Where the Customer is a limited or public limited company and the above terms are not complied with by the Customer, the Directors of the “Buying” company shall be held personally liable and the Seller may as an alternative claim personally from any one or more of the Directors of the “Buying” company.

TERMS AND PAYMENT:
1. Unless otherwise agreed upon in writing, all prices are in sterling and shall be paid to the Seller in full. Terms of payment are net within 30 days from date of shipment from the Seller’s facility in the UK to the consignee as designated by the Customer.
2. Prices advertised are liable to change at any time. Price changes will not apply to goods which have already been dispatched.
3. The Seller reserves the right at any time to revoke any credit extended to Customer because of the Customer’s failure to pay for any goods when due or for any other reason deemed good and sufficient by the Seller and in such event all subsequent shipments shall be paid for prior to delivery. In the event the Seller exercises any rights, it may have to stop goods in transit because of the Customer’s financial condition. The Seller may at its option re-sell such goods at public or private without notice to the Customer and without affecting the Seller’s rights to hold the Customer liable for any loss or damage caused by the Customer’s breach.
4. A charge of interest will be made to the Customer’s account with invoices that are outstanding at the end of the month following the month of invoice. i.e.: June invoices are to be paid before the end of July. The Seller reserves the right to charge interest accruing daily at a rate of 8% of the Bank of England base rate.
5. If the Customer defaults in any of his commitment with the Seller or makes or offers to make arrangement of composition with creditors or commits an act of bankruptcy or has a receiver appointed over its assets or a Resolution or Petition to wind-up its business presented, then the Seller shall have the right (without prejudice to any other remedies) to cancel any uncompleted order or to withhold or to suspend delivery.

CANCELLING AN ORDER:
1. If the Customer is a consumer, the Customer shall have the legal right to cancel an order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. This means if the Customer changes its mind or for any reason decides not to keep the goods, the Customer can notify the Seller of its decision to cancel the order and receive a refund within 14 days from delivery of the goods.
2. The Customer must notify the Seller in writing of its intention to cancel an order within 14 days from delivery and return the goods to the Seller in good saleable condition.
3. If the Customer is not a consumer then the order shall be a trade sale and re-stocking fee shall apply to all order cancellations or returns. The re-stocking fee shall be 10% of the value of the whole order.
4. The Seller reserves the right (without prejudice to any other remedy) to cancel any uncompleted order or to suspend delivery in the event of any of the Customer’s commitment with the Seller not being met, or if the Seller is of the opinion that such commitments will not be met by the Customer.

DEFECTIVE OR INCORRECTLY SUPPLIED GOODS:
1. The Seller shall, at its sole discretion, make good by repair or by supply of replacement, defects that, under proper use, appear in the goods within a period of three months from the date of delivery, provided that:
  1. The Customer promptly notifies the Seller [in writing] of any defective or incorrectly supplied goods quoting their order number and order details;
  2. The Seller is satisfied that any defect(s) is due to faulty design, materials or workmanship; and
  3. The defective good are returned to the Seller at the Customer’s expense.
2. As an alternative and at the Seller’s sole discretion, the Seller may refund the Customer the original purchase price for the goods.

DISPUTES:

If at any time a dispute or difference arises in connection with the order, it shall be mutually agreed upon between the Customer and the Seller or, in the event that an agreement cannot be reached, then the dispute shall be settled by an independent arbitrator, to be appointed by the President of the Law Society, whose decision shall be binding upon both parties.

CATALOGUES:

Catalogues, price lists and other advertising matter are only an indication of the type of goods offered and particulars therein shall not be binding on the Seller, other than as detailed in the order.

LIMITATION OF LIABILITY
1. The Seller does not guarantee absolute accuracy of the electronic charts goods and the Customer’s attention is drawn to the disclaimer displayed during the use of those goods. The electronic chart is an aid to navigation designed to facilitate the use of authorized government charts, not to replace them. Only official government charts and notices to mariners contain all information needed for the safety of navigation, and as always, the captain is responsible for their prudent use.
2. The Seller cannot guarantee the ongoing supply of any content sourced from third parties including, but not limited to, Navionics S.r.l. and Garmin.
3. Nothing in these Terms of Business shall limit or exclude the Seller’s liability for:
  1. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
  2. fraud or fraudulent misrepresentation;
  3. breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
  4. defective goods under the Consumer Protection Act 1987.
4. Subject to clause 8.1:
  1. the Seller shall under no circumstances whatsoever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Terms of Business; and
  2. the Seller’s total liability to the Customer in respect of all other losses arising under or in connection with the Terms of Business, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the goods ordered by the Customer.

FORCE MAJEURE

Neither party shall be in breach of these Terms of Business nor liable for delay in performing, or failure to perform, any of its obligations under these Terms of Business if such delay or failure result from an event or circumstances beyond a party’s reasonable control. If the period of delay or non-performance continues for four weeks, the party not affected may terminate this Contract by giving notice in writing to the affected party.

SEVERENCE:

If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.

WAIVER:

No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

THIRD PARTY RIGHTS

No one other than the Customer and the Seller shall have any right to enforce any of the terms of these Terms of Business.

GOVERNING LAW AND JURISDICTION:

These Terms of Business and all disputes relating to them shall be governed and construed in all respects according to the Laws of England & Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms of Business.