Terms and Conditions

In the following Terms and Conditions “the Company” shall mean Fastnet Fish Ltd or any of its trading divisions or subsidiaries and “the Customer” shall mean the person, firm or company placing an order with the Company. “The Goods” means all items supplied by the Company to the Customer. Acceptance of a Contract with the Company shall be conclusive evidence of acceptance of these Terms and Conditions by the Customer.

Variation

Neither the employees of the Company nor the employees of the Customer shall have the right to vary these Terms and Conditions unless such variation is in writing and signed by a Director or Principal of both parties.

Acceptance and Contracts

Quotations and estimates given by the Company are not offers to sell. All orders accepted by the Company are Subject to the availability of the goods which are the subject of the order.
Contracts will not become binding on the Company until the Company has confirmed that the quantity required by the Customer is available.

Delivery

While the Company will endeavour to deliver the goods by any date or within any period agreed upon, such dates and periods are estimates only given in good faith, and the Company will not be liable for any failure to deliver by such a date or within such a period. Moreover, the Company shall be entitled to defer delivery until any monies due from the Customer have been received.

Storage Charges

As a Term of the Contract, the Company offers to Customers free storage for the remainder of the week during which the Contract was concluded but thereafter Customers shall pay the Company’s storage charges at the rates prevailing at the time when the storage at the expense of the Customer commences. For the Purposes of this clause, a week commences on a Monday and finishes at midnight on Sunday.

Quality

Quality shall be as specified at the time when the Contract becomes binding. If it differs from the quality specified in the Contract. the Contract shall not be avoided thereby but the Company may in its absolute discretion give an appropriate refund to the Customer.

Terms of Payment

(a) Unless otherwise agreed, payment shall be due net cash 28 days after delivery or collection as the case may be. The time for payment shall be of the essence of the Contract.
(b) The following provisions shall apply to all goods which, under the Contract, the Company agrees to supply to the Customer. No failure by the Company to enforce strict compliance by the Customer with such provisions shall constitute a waiver thereof and no termination of the Contract shall prejudice, limit or extinguish the Company’s rights under this paragraph.
(i) The risk in the goods shall pass from the seller to the buyer upon delivery of such goods to the buyer. However, notwithstanding delivery and the passing of risk in the goods, title and properly in the goods, including full legal and beneficial ownership, shall not pass to the buyer until the seller has received in cash or cleared funds payment in full for all goods delivered to the buyer under this and all other contracts between the seller and the buyer for which payment of the full price of the goods thereunder has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer under which the goods were delivered. Until such time the Company shall be entitled to recover the goods or any part thereof and for the purpose of exercising such rights the Company, its employees and agents with appropriate transport may enter upon the Customers premises and any other location where the goods are situated.
(ii) Upon delivery of the goods the Customer shall hold the goods solely as bailee for the Company and must store the goods (at no cost to the Company) in good condition clearly identifiable as the Company’s property and separate front all other goods.
(iii) The Customer Is hereby licensed to sell on the goods. The Customer shall Immediately upon receipt of the proceeds of sale, and whether or not payment has become due under Paragraph 7(a) hereof remit to the Company the full purchase price of the goods sold on less any pad thereof which has already been paid and until such amount has been so remitted shall hold such amount as trustee and agent of the Company.
(iv) The Customer shall maintain all appropriate insurance in respect of the goods from the date or dates on which the risk therein passes to him which, unless otherwise agreed, shall be on delivery. In the event of any loss or damage occurring while the goods remain the property of the Company, the Customer shall either on the date that payment becomes due under sub-clause (a) hereof or, if it is already due immediately remit to the Company the full purchase price of the goods lost or damaged less any part thereof which has already been paid and until such amount has been so remitted shall hold such amount as trustee and agent for the Company.
(v) The licence granted under sub-paragraph (iii) above shall be terminable forthwith at any time upon written notice by the Company to the Customer.

Interest

Interest shall be charged on all accounts which have become due and payable at the rate of 2 per cent per month compounded with monthly rents from the time payment became due until the time of actual payment, whether before or after any proceedings have been commenced.

End Use

Goods are supplied under the terms of the Customers end use authorisation and receipt of said goods is to be reported to the Customers local customs office.

Claims for Damage or Shortage

The following shall apply to goods supplied to the Customer by the Company trading as Fastnet Fish Ltd. No claims for damage, shortage on delivery, total loss or that the goods are not in accordance with the Contract will be entertained unless notified to the Company in writing within 7 days of delivery or collection by the Customer or, in the case of total loss, the contractual dale for delivery. If the Customer fails to give such notice then the goods forming the subject of the Contract shall be deemed to have been delivered and to be in all respects in accordance with the terms of the Contract and the Customer shall be bound to accept and pay for the same.

Claims and Liability

(a) In the event of it being proved to the Company’s satisfaction that the goods supplied by the Company were short when delivered or damaged or that the goods were not in accordance with the Contract then it will compensate the Customer to the extent of the value of the goods but subject to the following conditions:
(i) The damage or shortage or claim that the goods are not in accordance with the Contract shall have been notified to the Company in accordance with Clause 10 hereof. (ii) Written notice in respect of Clause 10 hereof shall have been given by the Customer to the Company.
(iii) The Company shall be given the opportunity to examine the goods.
(iv) The Customer shall have made the goods available for collection by the Company. (b) While goods may be quantified and accepted on the basis of their weight, the Company accepts no responsibility for any loss caused by the natural alteration of the weight during the period of the Contract.
(c) The Company shall not be liable for any damage or loss of any kind attributable to defects in the goods accepted or deemed to have been accepted by the Customer. The Customer shall keep the Company indemnified against all claims loss proceedings and expenses arising out of such injury, damage or loss.
(d) Save as hereinbefore provided and subject to the provisions of Section 2(i) of the Unfair Contract Terms Act 1977, the Company shall not be liable to the Customer for any damage or for any direct or consequential loss incurred by the Customer in consequence of any negligence on the part of the Company or negligence of wilful default on the part of its servants or agents in, or in connection with the supply of any goods or the design or manufacture thereof or in the carrying out of any work.

Force Majeure

The Company shall not be liable for failure to perform this Contract or for the loss or damage of the Goods or for any delay if caused by any event beyond the Company’s control. Without prejudice to the generality of the foregoing examples of force majeure are strikes, lockout, blocking, prohibition of export or import, hostile cause, confiscation, act of God or action of any government and any act or occurrence whatsoever beyond the control of the Company.

Cancellation

If the Customer shall fail to make any payment when it becomes due or shall enter into any composition or any arrangement with Its creditors or if being an incorporated company shall have an administrative receiver or administrator appointed or shall cease trading or pass a resolution for winding-up or a Court shall make an order to that effect or If there shall be any breach by the Customer of any of the terms and conditions hereof, the Company may defer or cancel any further deliveries and treat the Contract of which these Conditions form part as determined but without prejudice to its right the full purchase price for goods delivered and damages for any loss suffered in consequence of such determination.

Subject to Fishing

All Contracts made by the Company with its Customers are subject to fishing and availability and supply of the goods.

Lien

The Company shall have a general lien on the goods and all property of the other party within its control for the payments of all debt accrued due or accruing due to it on any account between the parties and shall be entitled to sell the goods accordingly.

Exclusion

All goods sold by the Company are supplied with the benefit of the terms implied by section 12 of the Sale of Goods Act 1979. Subject thereto and whether or not the Contract is a contract of sale, all other conditions, warranties and other terms expressed or implied, statutory or otherwise. are expressly excluded, save as provided in clause 6 hereof or as otherwise expressly agreed by the Company in writing PROVIDED THAT if and insofar as any legislation or any order thereunder shall make or have made it unlawful to exclude, or purport to exclude from the Contract any term or shall have made unforceable any attempt to exclude any such terms the foregoing provisions of the paragraph will not apply to any such term.

English Law to Apply

The proper law of all contracts shall be English law. In the event of any Contract being made for the supply of goods to which these Terms and Conditions relate such Contract shall be deemed to be a Contract made in England and enforceable only in accordance with English law and the Customer agrees that in the event of any dispute arising out of any Contract or the performance thereof he will submit to the jurisdiction of the English Court.