Terms and conditions.
Consumer Terms and Conditions
Every quotation, pro-forma invoice, price list or other similar document made or issued by Mobile Outboard Services Ltd ("the company") is made or issued subject to these General Terms and Conditions of Sale. These terms and conditions do not affect consumers' statutory rights as contained in current legislation governing the relationship between consumers and businesses.
Definitions
The Company means Mobile Outboard Services Ltd. The Customer, The Consumer, or You, means the account applicant or person who buys or agrees to buy goods from the company.
Online Ordering
To place orders on our online store you must be a UK registered card holder.
Quoting and invoicing via Invoice2go with Stripe
Prices quoted and invoiced for parts or labour are due to change without notice from our suppliers or labour rate. Upon receiving a quote - agreeing to them for the parts or work to be undertaken by Mobile Outboard Services ltd you are agreeing automatically to our terms and conditions. If parts are ordered on your behalf and you change your mind - you will still be liable to pay for the items once they have arrived / are in stock. Please note: labour is not refundable under any circumstances. Paying a deposit or fully paying an invoice from Mobile Outboard Services automatically means you agree to these terms and conditions.
Age Restrictions
You agree to be of legal age to purchase and/or use any product that must adhere to official or recommended age ratings.
Acceptance of Orders
No order resulting from any quotation, pro-forma invoice, price list or other similar document made or issued by the company shall be binding unless and until it is accepted by the company. The company at its absolute discretion may accept or reject any order whether on account of the equipment being no longer available or for any other reason whatsoever.
If an order is placed and an instant payment is made using Stripe, direct bank payment (BACS) or any other method, the contract for the goods will not be considered accepted until the goods are in stock and ready for shipping. If for reasons beyond our control we are unable to supply the goods to you, we may cancel the agreement at any time before shipment by giving notice to you. We shall promptly repay to you any sums paid by you or on your behalf under or in relation to the agreement. This may be due, but not limited to, an inability or failure on the part of the manufacturers or suppliers of the goods to supply the goods to us. We shall not be liable for any other loss or damage whatever arising from such cancellation.
Product Specifications
The company warrants that the goods will, at the time of delivery, correspond to the description given by the company. It is the responsibility of the consumer to check the compatibility and suitability of goods for any particular purpose before ordering. Before placing an order, should the customer require any assistance with the compatibility of parts, they may contact the Sales department: parts@mobileoutboardservices.com
Consumer Contracts Regulations
The terms and conditions of sale detailed below are provided for your information, in line with the Consumer Contracts Regulations. Full details can be found at: //www.legislation.gov.uk/uksi/2013/3134/contents/made*
This legislation covers items bought where there is no direct contact between the supplier and the consumer, to give the consumer the same opportunity to view the goods as they would do in-store. It does not apply for goods purchased for business use, for showrooms, fair or exhibitions. Goods may be opened for visual inspection but must not be used and must be returnable with both the product and the original packaging in-tact and undamaged. Removal of protective coverings and other physical damage may result in rejection for replacement or refund.
Cancellations
The Consumer Contracts Regulation allows for a cancellation period of fourteen (14) calendar days, after the day of receipt of the goods by the consumer, under the legislation. Consumers may return specified goods without reason within this period for a refund. This excludes goods made to the consumer's specifications. It does not apply to goods intended for everyday consumption. Video recordings, computer software unsealed by the consumer and processors/CPU's where packaging has been opened are also excluded. The cost of returning and appropriately insuring the goods until satisfactory receipt at the company will be borne by the consumer. The goods remain the property of the consumer until received on premises at the company. Any delivery refunds will be at the most cost effective pricing for that item, and will not cover enhanced delivery additional or excess charges.
To cancel the contract under the terms of the Consumer Contracts Regulations, the consumer must contact the Customer Services department within fourteen (14) calendar days after the receipt of the goods by the consumer. The consumer will be required to return the goods to the company before a refund can be processed. The consumer will be issued a Product Return Number (RMA) number for use in returning the item. Mobile Outboard Services Ltd cannot be held responsible for any goods returned without first obtaining an RMA number. Customer services can be contacted:
By phone on 07554735033,
By email at info@mobileoutboardservices.com
Warranty Returns, Repairs and Replacements
All products are subject to individual manufacturer's warranty policies. (please see; 4b for Yamaha warranty terms) If you wish to return any faulty item(s), you must first contact us: By phone on 07554735033,By email at info@mobileoutboardservices.com
The warranty is non-transferable. Manufacturer warranties may exceed those offered by Mobile Outboard Services Ltd. You must use any manufacturer repair service or on-site arrangement provided. Any on-site arrangements apply to mainland UK only. The goods remain the property of the consumer until received on premises at the company.
Goods returned to the company as “faulty” will be assessed before any work is carried out for signs of transit or user damage. All returned goods are subject to a five (5) working day inspection/assessment period, which will begin at the point the goods are received by the company. Repair/replacement times can be approximately thirty (30) calendar days should a return to manufacturer become necessary. Physical/User damage is not covered by warranty nor any "Care Pack" extensions.
Approximately thirty (30) calendar days from the receipt of goods by the consumer, the consumer is entitled to a repair, replacement or refund of the goods which are faulty. After thirty (30) calendar days of receipt of the goods by the consumer, the consumer is entitled to a repair or replacement only. Any refunds offered after the thirty (30) day period may be proportionate.
All products returned to us must be as complete as possible, including accessories and original packaging where possible.
Force Majeure
The company will not be liable for any breach of agreement, for delay or failure to perform if the delay or failure is due to acts of God, civil commotion, riots, floods, drought, fire, legislation or other cause beyond the companies reasonable control. This does not affect your statutory rights. If the company choose not to enforce a right under this agreement, that decision will not prevent the enforcement of other rights, or the same right on a later occasion.
Liability
Under no circumstances shall the company be responsible for any indirect, incidental or consequential damages.
Consumer Rights and Contract Regulations
Your consumer rights when ordering are in line with the Consumer Rights Act (2015) and the Consumer Contracts Regulations (2013). The documentation can be located at the following links:
Consumer Rights Act (2015): //www.legislation.gov.uk/ukpga/2015/15/contents/enacted*
Consumer Contracts Regulations (2013): //www.legislation.gov.uk/uksi/2013/3134/contents/made*
Your consumer rights as outlined at the above links are in addition to your rights under applicable EU legislation. EU legislation(s) can be located here: //europa.eu/*.
*Mobile Outboard Services Ltd is not responsible for the content contained at the address(es) provided or any issue(s) arising from their use. External links provided are to be used at consumer discretion.
Business Terms and Conditions
1. Definitions
The Buyer means the account applicant or person who buys or agrees to buy goods from the seller. The seller means Mobile Outboard Services Ltd. Conditions means the conditions of sale set out in this document and any special conditions agreed in writing by the seller. Goods means any goods or services offered for sale by the Seller from time to time.
2. Conditions
These conditions shall apply to all contracts for the sale of goods by the seller to the buyer to the exclusion of all other terms and conditions including any which the buyer may purport to apply under any purchase order, confirmation of order or similar document.
No variation or addition to these conditions shall be effective unless agreed in writing by the seller.
No contract for the sale of goods shall arise until the seller despatches the goods to the buyer or the buyer notifies the seller in writing of its acceptance of the seller's quotation (whichever shall first occur).
Acceptance of delivery of goods shall be deemed conclusive evidence of the buyer's acceptance of these conditions.
Nothing in these conditions shall affect the statutory rights of any consumer.
3. Prices
The price shall be that on the seller's current list price (or if applicable, the price contained in the seller's quotation).
The seller reserves the right to revise prices prior to despatch of goods to reflect any direct or indirect increase in costs. If the seller revises the price the buyer must be informed prior to despatch and have the option to cancel the order. If the buyer cancels the order due to price revision any money they have paid will be refunded in full.
All prices are exclusive of VAT and charges for packing, postage and carriage plus VAT which shall be paid in addition.
In the case of consumer sales, payment must be made in full before despatch of any goods.
In the case of other sales, payment is due in full on the terms of credit agreed which shall not be more than thirty (30) days from the date of invoice. Time for payment shall be of the essence and any failure to pay shall entitle the seller at its option to treat the contract as repudiated by the buyer or to delay delivery until paid (in addition to any other remedy).
If any act or proceedings shall be commenced in which the buyer’s solvency is concerned, all moneys under any transaction covered by these conditions shall become immediately due and payable.
4. Warranty and Liability
The seller warrants that the goods will be at the time of delivery correspond to the description given by the seller. Except where the buyer is dealing as a consumer (as defined in the unfair contract terms act 1977, section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the goods, whether implied by statute, common law or otherwise are excluded and the buyer warrants that the buyer is satisfied as to the suitability of the goods for the buyer's purpose. The warranty is non-transferable.
4b. Yamaha warranty
Yamaha offer 3 year warranty with an additional 2 year warranty if serviced to their standard using genuine parts and accessories (Yamalube oil). Consumable items such as impellers, spark plugs, anodes, control cables and steering systems are not covered on the 5 year Yamaha warranty program. If you have an issue with your Yamaha motor purchased from Mobile Outboard Services at a location (mobile service), you will need to either bring the faulty unit back to the workshop (BN9 0DH) call out and travel is not included in the Yamaha Warranty program and is fully chargeable from Mobile Outboard Services. Once we receive / collect your faulty unit, we have to first asses the fault, report to Yamaha, await their decision. If the claim is successful then we are issued with the parts to complete the repair. We hold no responsibility of timescales or claim failures decided by Yamaha.
5. Delivery
Whilst every reasonable effort shall be made to keep to any delivery date, time of delivery shall not be of the essence and the seller shall not be liable for any losses, costs, damages or expenses incurred by the buyer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date. Should the seller fail to deliver goods on an agreed delivery date the buyer shall have the right to cancel the order and receive a full refund of any monies paid to the seller.
Failure by the buyer to pay for any instalment or delivery when due shall entitle the seller to withhold further deliveries and the buyer shall be liable for any costs incurred by the seller relating to such goods which the seller is then entitled to withhold.
Delivery of the goods shall be made to buyer's address and the buyer shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.
6. Ownership and Risk
The risk in goods shall pass to the buyer when either the buyer receives the goods or a contract is made but the goods are kept at the seller's premises at the buyer's request.
The seller remains the owner of the goods affected by the contract until the seller has been paid in full for such goods.
If any payment due under these conditions is overdue in whole or in part, the seller may without prejudice to any of its other rights recover and/or re-sell the goods or any of them and may enter the buyer's premises, with his permission hereby confirmed as a condition of contract, by its servants or agents to recover the goods and the buyer shall be liable for all the seller's costs of so doing.
If the buyer is a consumer and wishes to reject any of the goods which are not in accordance with the contract, the buyer must promptly give notice of rejection to the seller and make the goods available for collection by the seller.
In the case of any other sale the buyer shall inspect the goods immediately upon delivery and shall notify the seller within five days of delivery if the goods are damaged or do not comply with the contract. If the buyer fails to do this, he is deemed to have accepted the goods.
Any goods in respect of which any claim or defect or damage is made shall be preserved by the buyer intact together with the original packing at the buyer's risk and either: Retained by the buyer for a reasonable period to enable the seller or its agent to inspect or collect the goods or At the seller's option returned by the buyer to the seller who will refund the cost of postage and packing to the buyer if the goods are in fact defective.
7. Cancellation Returns
No contract shall be cancelled nor shall any goods, which are in accordance with the contract, be returned without the prior written approval of the seller and on terms to be determined at the absolute discretion of the seller.
Unless the seller at its discretion decides otherwise, if the seller agrees to accept the return of any such goods, then: A goods return number obtained from the seller must be clearly shown on the returned parcels.
The goods to remain at the buyer's risk in all respects until received by the seller. The buyer will be liable for the cost of remedying any damage to the goods returned where such damage has, in the opinion of the seller, been caused by the goods being inadequately packaged by the buyer or through the buyer's fault.
The seller reserves the right to make a handling and restocking charge of 25% on goods which are returned if they were ordered in error or are no longer required.
All Invoice deposits paid are non-refundable and are subject to a 20% handling fee.
8. Force Majeure
The seller will not be under any liability whatsoever in the event that the seller is prevented or delayed from supplying or making delivery of any goods by any reason or cause beyond the seller's control. These events include acts of God, civil commotion, riots, flood, drought, fire, legislation or any acts by third party companies or individuals not either under contract to or employed by the seller.
9. No waiver
The seller's failure to insist upon strict performance of any provision of these conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the buyer in performance of compliance with any of these conditions.
10. Liability
Except as may be implied by law where the buyer is dealing as a consumer, in the event of any breach of these conditions by the seller the remedies of the buyer shall be limited to damages which shall in circumstances not exceed the price of the goods and the seller shall under no circumstances be liable for any indirect, incidental or consequential damages.
These conditions shall be construed in accordance with English law.
These conditions do not affect your statutory rights.
E&OE