These conditions govern all sales of equipment by Octo Marine to the Purchaser unless contracting parties agreed to the contrary in writing. Any provision order or any other documentation given by the seller to Octo Marine other than conforming these conditions shall be void unless accepted in writing by Octo Marine.
2. CONCLUSION OF THE SALE
The representatives of Octo Marine are not mandatories of the latter and consequently they cannot commit Octo Marine. All orders are subject to a written acceptance signed by Mr. Dustin Wilson or Mr. Ashleigh West. The sale is concluded and binds Octo Marine only after a written acceptance.
3. QUOTATION OF OCTO MARINE
Unless otherwise agreed upon in writing a quotation of Octo Marine, especially as regards the price, never represents an obligation for Octo Marine. The prices mentioned in a quotation are subject to modifications without prior notice until the agreement is entered into in accordance with article 2 of the GENERAL CONDITIONS OF SALE. Even for running orders, Octo Marine may alter the prices without prior notice. in such a case the modifications will only apply to the remaining part of the order and the purchaser will be entitled to maintain or to annul the aforementioned order.
Unless the goods are to be commissioned or installed by Octo Marine, prices quoted are ex-works and exclusive of packaging and transportation costs except where otherwise explicitly agreed upon in writing.
Delivery dates in any agreement or in any confirmation of the Purchasers orders in relation to the goods are estimated only. Delays in delivery will not give way to indemnities or cancellation of the order. the purchaser is forced to accept a delivered order in several times.
6. PLACE OF DELIVERY – DELIVERY
All sales occur ex works Octo Marine. The delivery of the goods is considered to be achieved from the moment where the Seller transfers the goods to the transporter.
7. TRANSFER OF OWNERSHIP-RISKS
The ownership of the goods sold to the Purchaser will only occur at the moment the Purchaser entirely pays the amounts he owes to the Octo Marine. In the meantime, the Purchaser shall not be entitled to sell, to pledge or create any lien or charge over these goods. However, all the risks that the goods could run are supported by the Purchaser from the moment of delivery (see art 6, supra), even in case of force majeure, or in case of a non-foreseeable event would take place.
8. WARRANTIES AND LIABILITY OF THE SELLER
Warranty conditions will apply according to the warranty conditions granted by Octo Marine Warranty work and replacement parts will only be covered in our standard delivery sector (Monaco to La Napoule ) all costs of delivery including displacement, hotels and any other costs incurred, will be at the customers cost.
9. RETURN OF THE GOODS
No goods may be forwarded back to Octo Marine without prior written authorization by Octo Marine, so called Return Material Authorization (RMA). This authorization 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 Purchaser at the date they are due. Upon receipt of the written authorization by Octo Marine specifying also the address to which the defective item may be shipped, the Purchaser will send the items to the address indicated together with a copy of the RMA received by 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 Purchaser 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 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 new, material to be returned to Octo Marine because of Customer’s mistake, freight costs will be at customer’s expense.
In case of new material to be returned to Octo Marine because of Octo Marine’s mistake, freight costs will be at Octo Marine’s expense.
In case of defective material under warranty to be returned to Octo Marine from outside of the standard delivery sector (Monaco to La Napoule) freight costs will be at the customers’ charge In case of defective material out of warranty to be returned to Octo Marine, freight costs will be at Customers expense both ways.
This warranty gives you specific legal rights as above described in addition, consumer’s rights are protected where applicable,following European Directives or, in absence of, National laws.
The terms of payment for one off or first orders shall be payable by the Purchaser before the transportation can be effected. The terms of payment shall be cash (net) payable by the Purchaser to Octo Marine on or before the expiry of 30 days from date figuring on the invoice. The payment can never depend on the instalment of the goods.
The bank drafts, receipts, partial payments the acceptance of settlement or any other technique cannot create a renewal of the debt nor can it imply an exception to this clause. 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 a warning letter, give way to mandatory interests at a rate of 2% per month from the day of expiry of the term until the day of complete payment. Besides this interest, the total invoiced amount will, in case of non-payment at the day of payment, be increased automatically and without a warning letter by 10% with a minimum of 30 EUR as a lump and irreducible indemnity.
11. RESILATION OF THE AGREEMENT
In case of non-performance of one of the Purchaser’s obligations, the agreement, or the part of the agreement which remains to be executed will be automatically and without prior warning be terminated.
In case of cancellation of an order by the Purchaser, the Purchaser will pay to Octo Marine. as a lump and irreducible indemnity, an amount equal to 25% of the full price of the ordered goods.
12. FORCE MAJEURE
Will i.a be considered as force majeure, simply annunciate and not limitative and cannot give way to any indemnity because of delay in delivery: wars, res, explosions and accidents, strikes and other labour conflicts, delays in transport, failure of the subcontractors of Octo Marine to the Purchaser’s obligations, le fait du prince. These cases of force majeure confer to Octo Marine the right to terminate the agreement without Octo Marine being forced to pay any indemnity whatsoever.
The Purchaser will hold at any moment the Seller indemnied against any actions or claims initiated by third persons on basis of loss, expenses, damage or decease related to the object of the present agreement with the Purchaser or the delivered goods and the services which were rendered.
14. OFFICIAL TEXT
In case of dispute regarding the interpretation of the agreement or of the present sales conditions, the official text of the General Conditions of Sale will be the English version.
15. APPLICABLE LAW AND ITS COMPETENT COURTS
Any dispute related to the General conditions of sale and any other explicit disposition related to the agreement between Octo Marine and the Purchaser regarding the delivery of goods and supply of services is submitted to the French Law and only the courts of France will be competent in case of litigation.
Octo Marine is covered by a public liability insurance, under no circumstances and without exception will Octo Marines financial liability exceed the cover of this insurance.
17. VALIDITY OF THE GENERAL TERMS AND CONDITIONS
If a disposition of the present General Terms and Conditions is declared void by a competent court and consequently nonenforceable, the other dispositions and conditions will maintain their validity and their enforceability.