0034
965506049 or 0034 662044719
Poligono
Industrial - C/Nobel 1, Benissa,
Alicante, 03720
LandandSea@hotmail.es
Terms and Conditions
Terms and Conditions – Land and sea
TERMS AND CONDITIONS OF BUSINESS
1. Definitions
1.1 “The Company” refers to Land and sea.
1.2 “The Buyer” refers to the person, partnership, Limited Company, or other legal entity, who agrees to services being provided by Land and sea.
1.3 “The Conditions” refers to the terms and conditions of Land and sea operations, set out in this document and any special terms and conditions agreed in writing by a Director, Company Secretary, or other member of this company’s management team, acting for and on behalf of Land and sea.
1.4 "you" meaning the customer.
1.5 "us" meaning landandsea.
2. Conditions
2.1 These Conditions shall apply to all contracts for any parts or
service provided by the Company to the Buyer, to the exclusion of
all other terms and conditions, including any terms and conditions
the Buyer may purport to apply under any purchase order,
confirmation of order, or similar document.
2.2 Agreement of any work to be carried out by Land and sea shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
3. The Price and Payment
3.1 The price of the service provided shall be the price agreed
between the Company and the Buyer, at the time the Buyer agrees to
work being carried out. This price may vary, dependent upon any
change in parts prices, or change in specialist charges, which may
come into effect at the time the work is completed and which is
beyond the control of the Company. The price of the work carried
out is exclusive of IVA. Where applicable, IVA shall be due at the
rate ruling on the date that the IVA invoice is drawn.
3.2 Payment of the price and IVA shall be due at point of collection/delivery of vehicle following completion of repairs, unless otherwise agreed, in writing, with the Company. Payment in this instance is generally agreed to be 30 days from date of invoice or deposit.
3.3 No vehicles/boats or anything that has had work done on it shall leave the property until payment is completed unless clause 3.2 is applicable.
4. Credit Terms for finance is subject to the banks terms and
conditions.
4.1 Where Credit Terms have been extended to the Buyer by the
Company, the Company reserves the right to refuse to provide any of
its garage services or parts ordered by the Buyer, where to do so
would mean the Buyer exceeding the Credit Limit extended to the
Buyer.
5. Remedies for late Payment
5.1 Interest on commercial debt shall accrue from the date of the
invoice, unless a written agreement is in place between the Company
and Buyer giving an agreed payment period of 30 days. Interest will
accrue from day to day, until the date of payment, at the statutory
rate (8% above the base rate of the Bank applicable on the date the
debt becomes due). This figure may change from time to time,
dependent upon the interest figures in force by Bank at the time
payment of invoice is due. Interest will accrue until settlement is
reached or until any Court Judgment is made.
5.2 In the event that any invoice is not paid on, or before, its due date, then all sums due and owing to the Company from the Buyer shall become immediately payable and subject to clause 5.1 above.
5.3 The Company shall be entitled to recover from the Buyer all administrative, collection and legal costs incurred by it in recovering overdue amounts and all sums that become immediately payable under. Clause 5.2 above.
5.4 Without prejudice to any of the Company’s other rights, the Company may, in the event that any sum is not paid, on or before its due date, suspend the service it provides to the Buyer. Any parts, equipment or services provided to the Buyer by the us the Company remains the property of Land and sea until all amounts owed are paid.
6. Title and Risk
6.1 Any work carried out by the Company at the request of the
Buyer, will be at the Buyer’s risk from the point of completion of
work, to the Buyer’s satisfaction in spite of delivery. Title of
any parts fitted shall not pass from the Company to Buyer until all
relevant and outstanding invoices and IVA have been paid in full
and at such a time that no other sums whatsoever are due from the
Buyer to the Company.
7. Buyer’s Warranties
7.1 The Buyer hereby warrants that he is not an undischarged
bankrupt and has not committed any act of bankruptcy or being a
company with either limited or unlimited liability knows of no
circumstances which would entitle any debenture holder or secured
creditor to appoint a Receiver or to petition for the winding up of
the company or exercise any other rights over or against the
company’s assets.
8. Disputes procedure and Jurisdiction
8.1 Any and all contracts entered into between the Company and the
Buyer shall be governed by the laws of England and Wales and all
disputes arising out of any contract between the Company and the
Buyer shall be subject to the exclusive jurisdiction of the courts
of Spain. In the event that the Buyer is dissatisfied with any
repair or service carried out by the Company, the Buyer should
first make contact with the Company in order to try and resolve the
matter. The Company has a complaints procedure in place.-It also
complies with the Data Protection Act.
9. Warranty
9.1 The parts and labour itemised on the invoice, are guaranteed
free from defect for 6 months or 12000 klm (which ever comes first)
from the date of invoice, unless detailed otherwise, with the
exclusion of damage arising from customer/third party interference,
routine wear and tear, negligence, abuse and accidental damage.
This applies to new parts provided by the Company only (exceptions
apply).
In the event of a potential claim, you should notify us immediately whereupon the defect will be assessed and repaired free of charge by the Company providing the exclusions do not apply. Any repairs by an alternative organisation will only be permitted with prior express authorisation by the Company. Your statutory rights are not affected.
9.2 In the event that there is a problem with any work done by landnandsea then the car/boat or other type vehicle must be returned to the workshop with in one month for any repairs, If for any reason you the customer is unable to return with in one month the please send a email to landandsea@hotmail.es with your request to extend the time and a reason for not returning within the required time.
10. Vehicle or boat Storage
The Company will invoice 10.00€ + IVA per day for the storage of
any vehicle not collected within 24 hours of being advised of
completion of work.
10.1 When you the customer request land and sea to collect your boat and move to land and sea’s storage area/unit or you deliver it yourself you here by agree that a contract of storage is in effect from the day of collection or delivery to land and sea. The fact that your property is in or on land and sea’s property is agreeance that you confirm to land and sea’s terms and conditions and also that you agree to pay the storage amount that is owed to land and sea even if you wish to remove the boat from the property before the contact is finished you agree to pay in full the ammount outstanding before the boat or vehicle is removed.
Any outstanding payments must be paid in full before the end of the accounting year 23rd Jan each year. See clause 5.1, 5.2, 5.3, 5.4.
10.2 Contract of storage including the launch and retreve service which is only between benissa storage unit and Moraira marina, When landandsea collects or delivers a boat to or from the marina then we request that the customer is present at the time at the slipway or craine area. If landandsea has to collect or deliver to the mooring then there should be two people to assist so there is an additional charge to the extra service. If the delivery or collection is from another location then a charge of 35€ plus IVA per hour and per person is charged as an extra to you!
10.3 If you have a contract of storage with us the company and your contract has finished the if your vehicle or boat is still with us the we will take into affect an automatic renew for the same ammount of time as the last contract was unless us the company has a letter or email from you one month before the end date to tell us the you wish to cancell. See clause 5.4
11. Surcharge for Special Order Parts
A Surcharge of 50% is payable to Land and sea for parts which are a special order for the Customer if the Customer does not go ahead with the repair then the customer will loose the deposit in question.
12. The auto gas club is for members only and not for general public use. To remain as a member of the autogas club you must have your LPG equipment checked and serviced every 12 months or 12000klm whichever comes first. If proof of a service cannot be shown after the 12 month time span or 12000klm then land and sea has the right to refuse service.
13. When a vehicle is left with land and sea for work of any description all prices quoted are plus IVA unless told differ.
13.1 Any work required by you the customer is to be confirmed by signing the work or job sheet supplied or a email or even a text message or whatsapp message is required for landandsea before we can start the work requested and by you asking us to do the work as said before via whatsapp,text,email or signing this is taken as a contract to carry out work requested.
13.2 With reguards to outstanding monies owed to land and sea, apon the customer signing to confirm work or making a payment even if its a deposit for storage or for their property to have work done by land and sea this is considered as the customer agreeing to the terms and conditions, if payment has not been recived after 30 days notice of invoice then the customer agrees to authorise land and sea to sell the customers property to return all outstanding monies owed to land and sea.
Any outstanding money or payments are to be settled before the end of our year which is the 23rd of Jan is the last day we can submit oue invoice for the end of yesr accounts. If paymen has not been made in time then you the customer will be charged the additional accounting fees or fines we may have from the tax office!
14. SVS RESCUE SERVICE
14.1 Members for the svs rescue service must sign a contract of service.
Thank you for taking the time to read the terms and conditions at Land and sea 16.06.2011