1. Understanding the terms We Use
“Seller” and “Sellers”: Wills Marine Limited t/a Wills Marine and Marine Sports.
“We” and “Us” and “Our” and “Ours” : Alternative words for Seller and Sellers used in these terms.
“Buyer” : The customer of the Seller purchasing Goods direct from the Seller for the Buyers use in his own business and not dealing as Consumer.
“Consumer” : The customer who deals as a Consumer as defined by Section 12(1) of the Unfair Contract Terms Act 1977 or the Unfair Terms or Consumer Contracts Regulations 1994.
“Customer” : Either a Buyer or Consumer.
“Goods” : Goods delivered by the Seller to the Customer under these Standard Terms of Business in accordance with the Invoice.
“Brokerage Goods” : Goods of the Owner (see below) sold for the Owner by Us as the Owners broker under these Standard Terms of Business and in accordance with Brokerage Bill of Sale.
“Invoice” : Our Invoice to the Customer for the Goods.
“Goods and Services : The services and goods we supply in the maintenance and repair of marine equipment.
“Owner” : In a Brokerage Sale the person with the right to sell the Brokerage Goods.
“Brokerage Sale” : A sale whereby We acting as broker for the Owner sell the Brokerage Goods to the Customer in accordance with these Standard Terms and the warning on Brokerage Bill of Sale.
“The Act” : The Sale of Goods Act 1979 as amended by The Sale of Goods Act 1994 and The Sale of Goods (Amendments) Act 1994.
“Indemnity” : A complete £ for £ indemnification by the Owner to Us for any direct or indirect consequential loss claimed against Us by any Customer or third party arising out of the sale by Us of the Brokerage Goods.
“Brokerage Terms” : The terms set out in Clause 3 – 5 inclusive below.
“Delivery” : Our act of informing the Customer that the Goods or the Brokerage Goods are available for collection either at Our premises or at another place i.e., on moorings.
“B.M.I.F.Terms” : Terms of Business published by the British Marine Industries Federation, (current edition at the point of invoice).
Clause Headings
(1) Reference to any statute or statutory provision includes a reference to:
(a) that statute or statutory provision as from time to time amended, extended, re-enacted or consolidated; and
(b) all statutory instruments or orders made pursuant to it.
(2) Words denoting the singular number only shall include the plural and vice versa. Words denoting any gender include all genders and words denoting persons shall include firms and corporations and vice versa.
(3) Unless the context otherwise requires reference to any clause, sub-clause or schedule is to a clause, sub-clause or schedule (as the case may be) of or to these terms of trade.
(4) The headings in this document are inserted for convenience only and shall not affect the construction or interpretation of these terms of trade.
