Introduction: The present Terms and Conditions govern the sale of goods and services by OCTO MARINE to the customer. By placing an order, the customer agrees to be bound by the present Terms and Conditions.
Ordering: Orders can be placed online, by phone, or in person. All orders are subject to acceptance and availability. OCTO MARINE reserves the right to refuse any order.
Pricing: All prices are in Euros and are exclusive of taxes. They are based on OCTO MARINE’s current price list or written quotation. OCTO MARINE reserves the right to increase the price, taking into account any increases in OCTO MARINE’s costs which are outside of OCTO MARINE’s direct control at any time prior to delivery of goods.
Unless otherwise agreed in writing between OCTO MARINE and the customer, the price quoted is “Ex Works” as defined in the International Chamber of Commerce Incoterms 2020 edition (as amended or replaced from time to time). All delivery costs, including loading, transport, shipment, transport insurance, any Value Added Tax or other tax and charges imposed by French or any other country’s law and any other costs related to delivery of the orders shall be met by the customer. If the additional costs are paid by OCTO MARINE, they shall be invoiced additionally to and/or separately from the price of the goods and shall be payable by the customer in accordance with the present Terms and Conditions.
Payment: The price plus the additional costs must be paid within 30 days of the date of issue of the relevant invoice, without any deductions and free of expenses. Payment for one off or first orders shall be done by the customer prior to transportation.
In case of partial payment, the non-payment at one of the set dates will immediately render the outstanding amount due. Every amount, which has not been paid at its term will automatically and without warning letter, give way to mandatory interests at a rate of 2% per month from the day of expiry of term until the day of complete payment. Additionally, in case of non-payment at the day of payment at term, the total invoiced amount will automatically be increased by 10%.
If payment of the price and/or the additional costs or any part thereof is not made by the due date for payment, OCTO MARINE shall be automatically relieved from any obligations towards the customer.
The ownership of the goods sold to the customer will only occur at the moment the customer entirely pays the amounts he owes to OCTO MARINE.
Delivery: OCTO MARINE will make every effort to deliver goods within the estimated time frame provided at the time of order. However, delivery times are estimates only and OCTO MARINE must not be held liable for any delay in delivery.
The customer shall notify OCTO MARINE of any visible defects in the goods within 7 days of receipt. Goods delivered to customer which are defective shall be taken and kept in custody by customer until OCTO MARINE given instructions to the customer on how to proceed with them.
The risk in the goods will pass to the customer on commencement of loading for transit at OCTO MARINE’s premises. The title in the goods will not pass to the customer until OCTO MARINE has received full payment of the price and any additional costs.
Returns and Refunds: The customer must not return any goods without OCTO MARINE’s prior written authorisation and a return material authorisation (RMA) number. The RMA number must be quoted on all correspondence. All goods returned must be appropriately packaged for transit. This RMA does not imply any liability, whether direct or indirect, apparent or hidden, of OCTO MARINE and does not suspend in any event the payment owed by the customer at the date they are due.
Upon receipt of the written authorization by the customer specifying also the address to which the defective item may be shipped, the customer will send the items to the address indicated together with a copy of the RMA received from OCTO MARINE. This needs to be applied externally on the box or supplied with the shipping documents.
In case of requests of RMA for returns of new, non-defective material due to mistakes of OCTO MARINE or of the customer the RMA must be asked within 30 days from the receipt of the goods and sent back within 30 days from the receipt of the RMA. In case of new, material to be returned to because of customer’s mistake, freight costs will be at customer’s expense.
In case of new material to be returned because of OCTO MARINE’s mistake, freight costs will be at OCTO MARINE’s expense.
In case of requests of RMA for returns of defective material (under or out of warranty) the RMA can be asked at any time and the item/s returned within 30 days as previously stated. In case of defective material under warranty to be returned from outside of the standard delivery sector (Monaco to La Napoule) freight costs will be at the customer’s charge.
In case of defective material out of warranty to be returned freight costs will be at the customers’s expense both ways.
Warranty: All goods sold by OCTO MARINE come with a 12 month warranty from the date of delivery, if the goods are free from material defects caused by poor workmanship or faulty materials, and if they conform in all material respects to their published specification in effect at the date of shipment. Under this warranty, OCTO MARINE’s liability shall be limited solely to delivering replacement goods or issuing a credit note, provided that the customer notifies OCTO MARINE in writing within 14 days of discovering such defects and proves that the goods affected are non-conforming with the above warranty and were not damaged as a result of misuse, neglect, accident, improper storage, installation, handling or repair or any other reason which is not attributable to OCTO MARINE.
OCTO MARINE is not to be held responsible for any delays or damages due to handling or belated delivery from third parties, such as transport companies, customs …
This warranty protects customer’s rights following European Directives where applicable, or, in absence of, national laws.
Limitation of Liability: OCTO MARINE shall not be liable to the customer or any third party for any indirect, incidental, special, or consequential damages arising out of or in connection with the sale of goods and services.
Force Majeure: OCTO MARINE shall not be liable for any delay or failure to perform its obligations if such delay or failure is caused by any circumstances beyond its reasonable control, including but not limited to acts of God, war, strikes, or government regulations.
Governing Law: These terms and conditions shall be governed by and construed in accordance with the laws of France and any dispute arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the French courts.
Entire Terms and Conditions: These terms and conditions, together with the order form and invoice, constitute the entire agreement between OCTO MARINE and the customer in relation to the sale of goods and services and supersede any prior agreements or understandings, whether oral or written.