Marine Rescue Technologies Sea Marshall AU9, Руководство пользователя

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Sea Marshall AU9 User Manual v2.8
MRT Ltd. © 2014
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Customer's specification, which do not materially affect their
quality or performance.
5 Prices
(a) All prices are exclusive of delivery, packaging, packing,
shipping, carriage, insurance, VAT and other taxes, levies,
assessments, charges and duties applicable to the sale of the
Equipment and import into the destination country. If any
exemption from any taxes, duties or other charges is claimed, the
Customer must provide appropriate written evidence to the
Supplier.
(b) The price of the Equipment shall be as stated in the Supplier's
acknowledgement of order or quotation, or where no price has
been quoted (or a quoted price is no longer valid), the price listed
in the Supplier's price list current at the date of acceptance of the
order.
(c) The Supplier reserves the right, by giving notice to the
Customer at any time before delivery, to increase the price of such
of the Equipment as has not been delivered to reflect any increase
in the cost to the Supplier which is due to any factor beyond the
control of the Supplier (including without limitation any foreign
exchange fluctuation, currency regulation, alteration of duties,
change in legislation, significant increase in the costs of labour,
materials or other costs of manufacture), any change in delivery
dates, quantities or specifications for the Equipment which is
requested by the Customer, or any delay caused by any
instructions of the Customer or failure of the Customer to give the
Supplier adequate information or instructions.
(d) The prices payable for Annual Maintenance/Support and/or
Annual Recertification shall be as stated in the Supplier's
acknowledgement of order or as specified in the relevant Annual
Maintenance & Recertification Agreement. The Supplier reserves
the right, by giving sixty (60) days written notice to the Customer
at any time, to increase the prices charged by the Supplier for
Annual Maintenance/Support and/or Annual Recertification, unless
otherwise specified in the relevant Annual Maintenance &
Recertification Agreement or otherwise agreed in writing by the
Supplier (for example, price changes for prepaid Annual
Maintenance & Recertification will usually be agreed separately in
writing between the parties).
6 Payment
(a) Subject to any special terms agreed in writing between the
Customer and the Supplier, the Supplier may invoice the Customer
for the price of the Equipment on or at any time after delivery of
the Equipment, unless:
(i) the Equipment is to be collected by the Customer; or
(ii) the Customer wrongfully fails to take delivery of the
Equipment,
and in either case the Supplier shall be entitled to invoice the
Customer for the price at any time after the Supplier has notified
the Customer that the Equipment is ready for collection.
(b) The Supplier may invoice the Customer for Annual
Maintenance/Support and/or Annual Recertification in advance of
the start of the relevant period, or as specified in the relevant
Annual Maintenance & Recertification Agreement.
(c) Credit payment terms are only available to the Customer with
the prior approval of the Supplier, and will be subject to an
assessment of the Customer’s creditworthiness. The Supplier may
change the Customer’s credit or payment terms at any time if (in
the opinion of the Supplier) the Customer's financial condition or
previous payment record justifies this.
(d) Subject to clause 6(c), unless an alternative payment period is
stated in the Supplier’s invoice, payment by the Customer shall be
made within 30 days of the date of the Supplier's invoice, whether
or not delivery has taken place or title in the Equipment has
passed to the Customer.
(e) Unless otherwise specified in the Supplier’s invoice, all
payments shall be made in British Pounds (GBP) to the Supplier’s
designated bank account by direct debit, credit card or electronic
transfer. Time for payment shall be of the essence of the Contract.
(f) If the Customer fails to make payment in full on the due date,
the whole of the balance of the price of the Equipment and any
Annual Maintenance/Support and/or Annual Recertification then
outstanding shall become immediately due and payable and,
without prejudice to any other right or remedy available to the
Supplier, the Supplier shall be entitled to:
(i) terminate the Contract or suspend any further deliveries of
Equipment and/or provision of warranty service or Annual
Maintenance/Support and/or Annual Recertification (whether
ordered under the same contract or not) to the Customer;
(ii) appropriate any payment made by the Customer to such of
the Equipment or Annual Maintenance/Support or Annual
Recertification (whether under this Contract or any other contract
between the Customer and the Supplier) as it thinks fit (despite
any purported appropriation by the Customer);
(iii) charge interest on the amount outstanding from the due date
to the date of receipt by the Supplier (whether or not after
judgement), at the annual rate of 5% above the base lending rate
from time to time of NatWest Bank plc, accruing on a daily basis
and being compounded quarterly until payment is made, whether
before or after any judgement. The Supplier reserves the right to
claim interest under the Late Payment of Commercial Debts
(Interest) Act 1998;
(iv) make a storage charge for any undelivered Equipment at its
current rates from time to time;
(v) a general lien on all Equipment and property belonging to the
Customer, exercisable in respect of all sums lawfully due from the
Customer to the Supplier. The Supplier shall be entitled, on the
expiry of 14 days' notice in writing, to dispose of such Equipment
or property in such manner and at such price as it thinks fit and to
apply the proceeds towards the amount outstanding.
(g) All sums payable to the Supplier under the Contract shall
become due immediately on its termination, despite any other
provision of the Contract. This clause 6(g) is without prejudice to
any right to claim for interest under the law, or any right under the
Contract.
(h) The Supplier may, without prejudice to any other rights it may
have, set off any liability of the Customer to the Supplier against
any liability of the Supplier to the Customer.
7 Delivery of Equipment and Acceptance
(a) The Supplier shall use its reasonable endeavours to deliver the
Equipment on the date or dates specified in the Supplier's
acknowledgement of order, but any such date is approximate only
and time is not of the essence as to delivery. If no dates are so
specified, delivery shall be within a reasonable time of acceptance
of the order.
(b) The Equipment shall be delivered to the Customer’s delivery
location specified in the Supplier's acknowledgement of order or
such other location agreed in writing prior to despatch. Equipment
may be delivered by the Supplier in advance of the quoted
delivery date on giving reasonable notice to the Customer.
(c) Delivery shall be made during normal business hours
(excluding bank or public holidays). The Supplier may levy
additional charges for any deliveries made outside such hours at
the Customer's request.
(d) The Customer shall be responsible (at the Customer's cost) for
preparing the delivery location for the delivery of the Equipment
and for the provision of all necessary access and facilities
reasonably required to deliver the Equipment. If the Supplier is
prevented from carrying out delivery or installation on the
specified date because no such preparation has been carried out,
the Supplier may levy additional charges to recover its loss arising
from this event.
(e) The Customer shall be deemed to have accepted the
Equipment when the Customer has had 5 days to inspect it after
delivery and has not notified the Supplier in writing under clause
12(b).
(f) The Supplier shall be responsible for any damage, shortage or
loss in transit, provided that the Customer notifies it to the
Supplier (or its carrier, if applicable) within three days of delivery or
the proposed delivery date of the Equipment and that the
Equipment has been handled in accordance with the Supplier's
stipulations. Any remedy under this clause 7(f) shall be limited, at
the option of the Supplier, to the replacement or repair of any
Equipment which is proven to the Supplier's satisfaction to have
been lost or damaged in transit.
(g) The Customer shall be responsible for complying with any
legislation governing the importation of the Equipment into the
country of destination, and subsequent the export and re-export
of the Equipment. If in order to acquire or use the Equipment it
must be registered with any governmental authority, it is the
Customer’s responsibility to obtain and maintain such registration
and to pay any associated costs, expenses or taxes.