Terms & Conditions
Echomaster Direct - Trading Name of Echomaster Marine Ltd
Terms and Conditions of Sale
These Conditions (together with all document referred to herein) shall apply to any contract for the sale of Goods by us, the Seller (as defined below) to you (the “Buyer”) (the “Contract") Please read these Conditions carefully and make sure that you understand them, before ordering any Goods from our site. Please note that before placing an order you will be asked to agree to these Conditions. If you refuse to accept these Conditions, you will not be able to order any Goods from our site.
You should print a copy of these Conditions or save them to your computer for future reference.
We amend these Conditions from time to time. Every time you wish to order Goods, please check these Conditions to ensure you understand the Conditions which will apply at that time. These Conditions were most recently updated on 1st May 2018.
These Conditions, and any Contract between us, are only in the English language.
The following words shall have the following meanings in these Conditions: -
"Goods" means the goods (including any instalment of the goods or any parts of them) which the Seller is to supply in accordance with these Conditions;
"Price" means the price for any Goods excluding carriage, packing, insurance and VAT;
“Seller’s Premises” means 25 Shore Street, Macduff, AB44 1TX.
Information about us
We are Echomaster Marine Limited a company incorporated under the Companies Acts and having its
Registered Office at 39 South Street, Elgin, IV30 1JZ (Company Number SC286015). Our VAT number is
VAT Reg. No.: GB859 7473 60 (the “Seller”).
If you are a consumer and you wish to contact us:
- To cancel a Contract in accordance with your legal right to do so, please follow the procedure set out in our Shipping and Returns Policy.
- If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at +44 (0)1261450114 or by e-mailing us at email@example.com.
- If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
Contacting us if you are a business.
You may contact us by telephoning our customer service team at +44 (0) 1261 450114 or by e-mailing us at firstname.lastname@example.org.
If you wish to give us formal notice of any matter in accordance with these Conditions:
- Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
- A notice or other communication shall be deemed to have been received: if delivered personally, when left at the Seller’s Premises; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
- In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
How the contract is formed between you and us
Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described above.
We will confirm our acceptance to you by sending you an e-mail that confirms that your order has been accepted (“Confirmation”). The Contract between us will only be formed when we send you the Confirmation.
If we are unable to supply you with any Goods, for example because the relevant Goods are not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
Specification and Accuracy of Order
The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order for Goods (including any applicable specification) submitted by the Buyer and for giving the Seller any necessary information relating to the Goods with sufficient time to enable the Seller to perform the Contract in accordance with its Conditions. The quantity, quality and description of any specification for the Goods shall be those set out in the Seller's Confirmation. The Seller may from time to time make changes in the specification of the Goods which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or purpose of the Goods.
If Goods are supplied in accordance with a specification submitted by the Buyer, additions and alterations shall be the subject of an extra charge and the Seller will be under no liability in respect of any delay in delivery occasioned thereby.
The prices of the Goods will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However please see below for what happens if we discover an error in the price of Goods you ordered.
Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
The price of Goods includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
The price of Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Shipping and Returns page.
Our site contains a large number of Goods. It is always possible that, despite our reasonable efforts, some of the Goods on our site may be incorrectly priced. If we discover an error in the price of the Goods you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Goods to you at the incorrect (lower) price.
You can only pay for Goods using PayPal or a debit card or credit card. We accept the following cards: Visa, MasterCard, Visa Debit & MasterCard Debit
Payment for the Goods and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
Delivery and Risk
We will contact you with an estimated delivery date for the Goods, which will be within 30 days after the date of the Confirmation (the date on which we e-mail you to confirm our acceptance of your order) unless agreed otherwise with you. Occasionally our delivery to you may be affected by an Event Outside Our Control. See below for our responsibilities when this happens.
If no one is available at your address to take delivery, we will leave you a note that the Goods have been returned to our premises, in which case, please contact us to rearrange delivery. If you fail to take delivery of the Goods or fail to give the Seller adequate delivery instructions at the time stated for delivery, (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of the Seller's fault) then without prejudice to any other right or remedy available to the Seller the Seller may store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage or sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price or charge the Buyer for any shortfall below the price.
Delivery of an Order shall be completed when we deliver the Goods to the address you gave us or you or a carrier organised by you collect them from us and the Goods will be your responsibility from that time.
You own the Goods once we have received payment in full, including all applicable tax and delivery charges.
Unfortunately, due to restrictions with our distribution agreements we cannot sell online for deliveries outwith the UK and Ireland. If you are based outwith the UK please contact us on +44(0)1261 450114.
This clause applies if you are a consumer.
If we miss the 30 delivery deadline for any Goods then you may cancel your Order straight away if any of the following apply:
- we have refused to deliver the Goods;
- delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- you told us before we accepted your order that delivery within the delivery deadline was essential.
If you do not wish to cancel your order straight away, or do not have the right to do so under the terms set out above, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
If you do choose to cancel your Order for late delivery as a result of the clauses noted above, you can do so for just some of the Goods or all of them, unless splitting them up would significantly reduce their value. If the Goods have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Goods and their delivery.
Supply of Services
We are able to provide installation services and support. Additional information on the services we provide can be found at www.echomastermarine.co.uk or, you can contact us by telephoning our customer service team at +44(0)1261 831644 or by e-mailing us at email@example.com.
Some of the Goods we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Goods.
If you are a consumer, a manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
The Seller's employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing. In entering the Contract the Buyer acknowledges that it does not rely on and waives any claims for breach of any such representations which are not so confirmed.
Manufacturer warranty terms apply. For Goods which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of 3 months from delivery, the Goods shall be free from material defects. However, this warranty does not apply in the circumstances described above.
The warranty supplied does not apply to any defect in the Goods arising from:
- fair wear and tear;
- wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
- if you fail to operate or use the Goods in accordance with the user instructions;
- any alteration or repair by you or by a third party who is not one of our authorised repairers; or
- any specification provided by you.
If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
Any claim under a manufacturer warranty should be notified to the Seller as soon as possible in writing to firstname.lastname@example.org.
The Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, improper assembly or installation (if not carried out by the Seller pursuant to a contractual obligation to the Buyer) connection to unsuitable equipment, pipework or others, abnormal working conditions, failure to follow the Seller's or manufacturer instructions (whether oral or in writing), misuse, use of unsuitable and/or polluted oils or lubricants the use of polluted or wet compressed air, dirt in the system or alteration or repair without the Seller's approval;
You shall, unless otherwise confirmed in writing, be responsible for all carriage, telephone, postal and other incidental charges incurred during the warranty period.
Nothing herein contained shall affect any right which the Seller may have to limit its liability under any statutory enactment for the time being in force.
Our liability if you are a business
This clause only applies if you are a business customer.
We supply the Goods for use by your business, if you use the Goods for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Nothing in these Conditions limits or excludes our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- breach of the Conditions implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- defective Goods under the Consumer Protection Act 1987.
- We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
Subject to clause noted above, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Goods .
Except as expressly stated in these Conditions, we do not give any representation, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
Our liability if you are a consumer
This clause only applies if you are a consumer.
If we fail to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
We supply the Goods for domestic and private use. If you use the Goods for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the Conditions implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- any breach of the Conditions implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- defective Goods under the Consumer Protection Act 1987.
Event Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below.
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
- You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Goods that you have already received and we will refund the price you have paid, including any delivery charges.
The specification and design of the Goods (including the copyright, design right and other intellectual property rights in them) shall, as between the parties be the property of the Seller. Where designs or specifications have been supplied by the Buyer for manufacture by or to the order of the Seller, then the Buyer warrants that the use of those designs or specifications for the manufacture, processing, assembly or supply of the Goods shall not infringe the rights of any third party. The Buyer shall indemnify the Seller against all damages, penalties, costs and expenses to which the Seller may become liable if any work done in accordance with the Buyer's specification involves any infringement of such rights.
How we use your personal information
Third Party Premises
The Seller shall not be liable for any lack of fitness in docks and premises which are not its property or permanently occupied by it. Nor for any lack of any fitness in cranes or other equipment not owned by it, nor for any failure to discover or warn of such lack of fitness, nor for any consequences of complying with the directions of the owners or occupiers of such docks or premises or their servants and where the Seller has granted an indemnity in connection with the hiring of such docks or premises or equipment neither the Buyer nor the owner of the vessel shall recover from the owners or occupiers of such docks, premises or equipment or their servants damages for any lack of fitness therein for any negligent or wrongful act or default by such owners or occupiers or their servants in such a manner as to render the Seller ultimately liable under its indemnity to meet such damage and the Buyer and the owner of the vessel shall free and relieve the Seller accordingly.
If the Buyer makes any voluntary arrangement with its creditors, becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation or receivership (otherwise than for the purposes of amalgamation or reconstruction) or any diligence is effected over any assets of the Buyer or the Buyer ceases or threatens to cease to carry on business or the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer then without prejudice to any other right or remedy available to the Seller the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer and if the goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
Other important Conditions
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Conditions.
You may only transfer your rights or your obligations under these Conditions to another person if we agree in writing.
Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
If you are a consumer, please note that these Conditions are governed by Scots law. This means a Contract for the purchase of Goods through our site and any dispute or claim arising out of or in connection with it will be governed by Scots law. You and we both agree to that the courts of Scotland will have non-exclusive jurisdiction. However, if you are a resident of England you may also bring proceedings in England, and if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland.
If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland and the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).