1. These terms and conditions apply in respect of the supply of marine lighting products and other Goods (the Goods”) by us to you as set out in the quotation or order confirmation overleaf (the Quote). These terms and conditions together with the Quote constitute the entire agreement between us (the Contract), except to the extent that they are varied by mutual consent in writing, and shall prevail over your own terms and conditions. Any quote given is valid for a period of 3 months unless we withdraw it earlier.

2. You will provide us at your own expense with all documents, measurements, images, and other information (the Input Material) that we may require in order to provide you with the Goods. You will keep copies of the Input Material at your own expense and we will not be liable for any accidental loss or damage to the Input Material.

3.1 You will pay the price for the Goods set out in the Quote (the “Price”) unless either you change the specification of the Goods and that change increases the cost to us in providing them or if the cost to us in providing the Goods increases above 5%, in which cases we have the right to increase the price proportionately.

3.2 The Price is Ex Works (INCOTERMS 2000) unless otherwise stated overleaf. You must pay the Price in the currency identified in the Quote (“the Contract Currency”). In the event that the exchange rate as between the Contract Currency and UK Sterling shall vary to our detriment by a factor of 5% or more from the date of the Quote to the date of payment, the Price shall be increased by the amount of our loss as a result of such fluctuation.

3.3 In addition to the Price you will be responsible for all disbursements properly incurred by us in the conduct of the Contract including all bank and handling charges.

3.4 Unless otherwise specified overleaf, you will pay 50% of the Price on confirmation of your order and the balance no later than 7 days before the due date for delivery. We will not deliver the Goods to you unless we have received the Price in full and in cleared funds without any discount (other than any discount allowed in the Contract), deduction, set off or abatement. If you have not made payment in full within 14 days of the due date for delivery, we have the right to cancel the Contract and to retain any part payment made by you.

3.5 We have the right to charge interest on any outstanding payment at the rate of 8 % per annum above the base rate of Barclay’s Bank plc, or if lower, such rate as is allowed by law. We reserve the right to appropriate any payment made by you and apply it in total or partial satisfaction of any debt due from you to us.

4.1 Risk in the Goods will pass to you on delivery. Title in any Goods supplied by us to you shall not pass to you until we have received all sums due to us. We reserve the right to enter your premises to recover any Goods supplied by us to you if payment is not made on the due date.

4.2 Delivery of the Goods shall take place at the address set out in the Quote. The date for delivery indicated overleaf is an estimate only and is not of the essence. Unless otherwise provided in the Contract, if you do not accept the Goods we will store them at your expense until they are resold. We will not be liable for any damage to the Goods while they are in storage or transit.

4.4 You will be deemed to have inspected and accepted the Goods 2 days after the actual delivery date. Your right to reject the Goods will be lost 2 days after the actual delivery date or if you alter or damage the Goods. If you reject the Goods within 2 days of the actual delivery date, you must notify us immediately by telephone or fax and we will have the right to repair or replace the Goods within a reasonable time.

5. The title to and any copyright or other intellectual property rights in the Input Material will belong to us, and you will on our request execute such assignments or other documents as may be necessary to assign or otherwise transfer the same to us. We also retain the title to and any copyright or other intellectual property rights in all designs, plans, images, models and any other work prepared by us in providing the Goods to you.

6. We guarantee that our light fittings (light bodies and bezels only) will be free of defects in workmanship and materials for 36 months from delivery. All other Goods are guaranteed against defects in workmanship and materials for 12 months from the date of delivery this warranty only covers repairs  carried out by Savage Marine to the billing address. No other warranty, guarantee or other term relating to the provision of the Goods whether implied by statute, common law or otherwise is given.

7.1 We shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from any Input Material or instructions supplied by you which are incomplete, incorrect, inaccurate or illegible, or arising from their late arrival or non-arrival, or any other fault of yours. We direct you to our website for uses and the latest specifications for each standard light. 

7.2 Light fittings get hot! It is your responsibility to ensure that lights are appropriately sited to prevent heat damage and to comply with any relevant heath and safety legislation or regulation.

7.3 We shall have no liability to you in the event of heat damage to your or any third party’s property or any other damage caused by your employees or third parties, nor for any loss or damage caused by reason of your inadequate or inappropriate installation of the Goods, your failure to comply with these terms and conditions or for any event beyond our control;

7.4 Except in respect of death or personal injury caused by our negligence we shall not be liable to you by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty at common law or under the express terms of this agreement for any loss of profit or any indirect or consequential loss, loss of goodwill, any destruction of data, damage, costs or expenses whether or not such losses were in the contemplation of the parties and at the date of this Contract, which arise out of or in connection with the provision of the Goods by us to you.

7.5 Except in respect of death or personal injury our entire liability in respect of the agreement between us shall not exceed the amount of the price payable by you in respect of the Goods we supply to you under the terms of the Contract.

7.6 You agree to indemnify and hold us harmless for all liabilities, loss, claims and expenses that may arise from any breach of these terms and conditions by you, including any third party liabilities incurred by us.

8. We reserve the right to assign or sub-contract any or all of the rights and obligations under these terms and conditions without your further consent to such assignment or sub-contract. If any provision of these terms and conditions (whether in part or in whole) is held by a Court or jurisdiction to be illegal, or unenforceable the remaining provisions of the Contract shall remain full force and effect. These terms and conditions shall be governed by the laws of England whose Courts shall have exclusive jurisdiction.