Terms & Conditions
Full terms and conditions for transactions are available upon request from: [email protected]
IN THESE CONDITIONS:
The “Supplier” refers to Environmental Yacht Services or EYS (registered as Earthly Supply Company, 14 Rue Vauban, 06600 Antibes).
The “Buyer” refers to the person, firm or company who places an order for goods, which is accepted by the Supplier.
The “Client” refers to the firm, company or owner of vessel that the buyer is representing.
The “Carrier” refers to the firm representing the Supplier responsible for storing and delivering goods.
These Terms and Conditions of sale are referred to on each EYS quotation and shall apply to all orders, except where otherwise agreed in writing. By confirming your acceptance of an EYS quotation or otherwise placing any orders by email, phone call or personally with an EYS representative, you confirm that you are accepting these terms, including the provision for late payment fees specified under the Payment section below.
Deliveries will only be made to the Buyer on signature and completion of the payment terms of these Terms and Conditions of Sale unless otherwise agreed upon in advance.
Full payment is to be made on, or before, delivery of goods
1. If payment is not made and a bank transfer is accepted by the Supplier, a credit card guarantee is required. The credit card guarantee will cover the full payment.
2. If payment is not received within 15 days of the goods being delivered, EYS may at its option either:
a. Draw the full invoice payment from the credit card provided as guarantee, or
b. Charge a late payment fee at the rate of 5% of the HT amount per calendar month from the date of delivery.
3. If a bank transfer is made with an inferior amount to the invoice total, all additional bank charges will be the responsibility of the Buyer, or the Client, he or she represents. The difference between the paid amount and the invoice amount will be drawn against the guaranteed credit card number.
4. A credit card commission of 4% will be charged on all credit card payments.
Payment may be received in the following ways:
(A) Cheque, made payable to Earthly Supply, EYS or Environmental Yacht Services.
(B) Credit card.
(C) BACS – remittance advice should be sent to Environmental Yacht Services.
(D) Cash upon receipt of the goods.
Prices are subject to change without prior notice. All prices are exclusive of VAT (unless otherwise stated).
EYS will provide free transportation for regular deliveries using EYS transport. Fees for deliveries involving external transport companies will be calculated according to order value, destination and Client order history. Express deliveries, deliveries outside of the EU and those containing dangerous goods are subject to extra charge.
TITLE OF GOODS
(A) The goods shall remain the property of the Supplier until payment of all Monies due from the Buyer (if owner of vessel) or Client, to the Supplier have been made and, until such time, the Buyer shall hold the goods, and all other items, incorporating the goods, in a fiduciary capacity and as trustee for the Supplier. The EYS (Supplier’s) goods shall be kept separately from other non EYS goods by the Buyer and identified as the Supplier’s property and be properly protected and insured.
(B) In the event of non-payment by the Buyer by the due date, or on the appointment of a Receiver, Liquidator or Administrator over the Buyer’s affairs, the Supplier shall be entitled, in addition to all other rights, to enter upon any land or premises where goods of the Supplier are being stored and take possession of such goods.
CLAIMS FOR BREAKAGES, INCORRECT OR INCOMPLETE ORDERS
Any claim for breakages, incorrect or incomplete orders must be made in writing within seven days of delivery. Claims for non-delivery of goods dispatched by the Carrier will only be considered if made within twenty-one days of the date of the invoice.
The Supplier shall not be liable for any failure or delay in performance of its obligations to the Buyer as a result of strikes, yacht movements, lockouts, trade disputes or any other reasonable causes beyond the control of the Supplier.
Any disputes relating to these Terms and Conditions will be dealt in accordance with the Law in France.
iStock — Lime Inc — Naneen Rossi — Brakisto