Terms and Conditions

Standard Warranty Information

Please read these terms and conditions carefully. They contain very important information about your rights and obligations, as well as warranty and liability limitations that may apply to you. By placing an order for Products, you (“Customer”) accept and agree to these terms and conditions. A binding contract will only be formed upon AB Marine giving notice of its formal acceptance of an order. Acknowledgment of receipt of an order shall not constitute acceptance of an order.

 

  1. General

In these terms and conditions: Andre Brouwer Marine Electronics is referred to as “AB MARINE”. “Customer” or “you” refers to the person (a natural person or other legal entity) who orders Products or Services via this website, and whose order for Products is accepted by AB MARINE; “Contract” is the contract containing these terms and conditions, formed by AB MARINE’s acceptance of your order, and credit card or other payment details; “Products” are the products listed as items for sale on AB MARINE websites; “Services” are any services available from AB MARINE through AB MARINE websites, for example, delivery or packaging services; “Terms” are these terms and conditions of sale; “AB MARINE websites” are the websites operated by or on behalf of AB MARINE including those located at the internet domain with the URL www.ba.nl and “day” refers to a calendar day.

 

  1. General-Application of Terms and Conditions

Customer’s (your) purchase of Products or Services, whether through an AB MARINE website, is subject to these Terms and no other terms or conditions shall apply. These Terms override any other terms or conditions referred to by Customer or in any course of dealing.

  1. Changes to Terms and AB MARINE websites 

AB MARINE may amend these Terms, including payment, guarantee and warranty terms, without notice. Also AB MARINE reserves the right to modify the terms of separate Product guarantees, at any time. AB MARINE may provide notices of changes to AB MARINE websites, the Terms and other matters by displaying notices or hypertext links to notices or by simply making the changes on the relevant AB MARINE website.

Frequent review of AB MARINE websites and these Terms is recommended. However, Contracts concluded on the basis of previous terms and conditions remain unaffected.

Although care is taken to ensure the accuracy of the information on AB MARINE websites, they could include inaccuracies or typographical errors, including pricing errors. AB MARINE shall not be obliged to honour, nor be liable in respect of, such errors. AB MARINE and third party suppliers may make improvements and/or changes in Products, Services, Service Programs, Prices and other details described in AB MARINE websites, at any time. Changes are periodically made to update AB MARINE websites.

  1. Product information and availability changes 

AB MARINE continually updates and revises Products. AB MARINE may update, revise and/or discontinue Products and/or any peripheral products at any time. AB MARINE may revise prices for Products listed as available items on AB MARINE websites at any time. A price remains valid only for the duration of the day on which Customer visits the page of the AB MARINE website displaying that price. AB MARINE displays current Products at http://www.ba.nl AB MARINE endeavours to maintain Product availability. However, Product availability constantly changes and different Products and Product groups may have different availabilities. All orders are subject to availability of the relevant Product(s). AB MARINE reserves the right to prioritize orders and to allocate limited stock between orders as it deems fit.

Any weights and measurements stated on AB MARINE websites are approximate.

  1. Price 

The price of Products shall be AB MARINE’s currently applicable price at the date and time of acceptance of the Customer’s order. This may be specified on AB MARINE websites or at Product purchase “check-out”, but the definitive price shall be that which is notified to Customer by AB MARINE on acceptance of the order by AB MARINE. Any incorrect prices on AB MARINE websites shall be void and of no effect and in respect of any orders placed for incorrectly priced Products, the correct price as determined by AB MARINE shall be notified to the Customer and, if the Customer wishes to continue with the order, substituted in place of the incorrect price. ALL prices displayed on our website are valid to online purchases ONLY.

Prices do not include shipping or handling costs, transport insurance, other taxes, levies or charges of any authorities, unless otherwise specified, or otherwise required by applicable law. You agree to pay shipping and handling costs for Products, and any other charges described in the previous sentence (if applicable), as specified in the invoice issued by AB MARINE after purchase of Products from AB MARINE.

  1. Manner of Payment 

AB MARINE accepts payment by approved credit card. AB MARINE does not accept other means of payment (e.g. cheque).

  1. Terms of Payment 

Customer must tender payment (via an accepted credit card or other payment means accepted by AB MARINE) before the delivery of Products unless otherwise agreed with AB MARINE. Invoicing and payment collection by AB MARINE may be effected through third parties.

For credit card payments, Customer must provide his or her valid credit card number and other requested details either in the relevant purchase “check-out” section of the relevant AB MARINE website, when Customer orders Products. AB MARINE will attempt to verify the validity of the credit card with the card’s issuer and may convey acceptance of the order (as set out below) to Customer if the credit card is accepted.

  1. Order Acknowledgment, Order Acceptance, Contract formation 

All orders for Products placed by you with AB MARINE are subject to acceptance by AB MARINE. AB MARINE may in its sole discretion accept or reject orders, or advise you of its inability to process orders.

AB MARINE may send you an acknowledgement of receipt of an order, by e-mail or other medium (including telephone). Such an acknowledgement of receipt may be automatically generated and shall not constitute an acceptance of the order. AB MARINE websites through which orders can be placed may contain automatic means for identifying and alerting you to certain types of input error before you place your order. Such means may not identify all errors or omissions and you should ensure that the information you submit in your order is accurate and complete.

If an order placed online through an AB MARINE website AB MARINE may advise of its acceptance of the order by e-mail.

Any Contract is dependant and conditional upon AB MARINE’s verification of availability and acceptance of both your order and your credit card or other payment details. Unless and until AB MARINE confirms acceptance of both of these items, AB MARINE has no obligation to provide any Products or Services.

We maintain records of orders, order acknowledgements and Contracts (including these Terms and order acceptances) and retain these for a reasonable period following delivery. Whilst we may if necessary (and only on written request) be able to provide you with a copy of your Contract, these are not made generally available to Customers. We recommend that you retain a printed copy of these Terms with a copy and/or note of your order, order acknowledgment, order acceptance, payment method acceptance and invoice as evidence of purchase.

  1. Account Information 

You are solely responsible for 1) providing true, accurate, current and complete information about you as prompted in the AB MARINE website account details section (“Account Information”), and 2) maintaining and promptly updating Account Information to maintain its accuracy, currency and completeness. You are solely responsible for the security of any password provided to you for purposes of facilitating Product purchases or other matters via this and other AB MARINE websites. AB MARINE shall not be liable for any unauthorized use of passwords.

  1. Delivery 

Products will be delivered to the ship to addresses within South Africa only, except as otherwise exceptionally agreed with AB MARINE. AB MARINE will use its discretion in selecting a reputable carrier and appropriate means of delivery. AB MARINE may deliver Products by installments in any sequence. Where Products are delivered by installments, each installment is deemed to be the subject of a separate Contract. No default or failure by AB MARINE in respect of one or more installments will affect the Contract in respect of Products previously delivered or undelivered Products. If AB MARINE notifies you that it is unable to deliver any installment of Products, you will be deemed to accept those installments already delivered (subject to applicable law).

  1. Delivery Date 

AB MARINE aims to deliver promptly. However, there may be reasons for AB MARINE’s inability to ship according to its target dates (most of which are beyond AB MARINE’s control). Accordingly, any dates given by AB MARINE for the delivery of Products are estimates only, and AB MARINE cannot and does not undertake that delivery will occur on any specified dates.

If Products cannot be delivered by any estimated or target dates given by AB MARINE, AB MARINE may elect to cancel the order and refund any money paid by the Customer. If an order is cancelled, AB MARINE’s only obligation shall be to refund any money paid by the Customer to AB MARINE.

  1. Title 

AB MARINE retains full legal title to Products until it has received in full all amounts due on those Products and (to the extent permitted by applicable law) payment on any other Products that you have ordered. AB MARINE reserves rights (subject to applicable law) to terminate Customer’s right to use, sell or otherwise deal in Products, and to enter the premises of Customer and repossess Products (or to instruct a third party to do so), if payment is not made when due, or if the credit card company declines payment or requires AB MARINE to return any payment made for the Products, for any reason.

Title to any software comprising, included in or with Products remains with AB MARINE, the relevant AB MARINE Group Company or the relevant licensor, notwithstanding payment.

  1. Software Licenses 

All software, including pre-loaded software contained in hardware Products, is licensed and not sold. It is licensed either by AB MARINE or the relevant software owner to you subject to the relevant software end-user license agreement or other terms included with the software and/or with the Product or Services. Software may not be disassembled, decompiled, reverse engineered, merged or combined with any other software, copied, translated, adapted, varied or modified (save as expressly permitted by applicable law) nor may it be distributed in any form.

Where express software license terms are not supplied, software is licensed on a non-exclusive, non-transferable, single user basis for use only with the accompanying Product.

AB MARINE’s guarantees or warranties do not include the correction or avoidance of software defects or errors or the loading or re-loading of Customer’s applications software or data or any reconfiguration of Products beyond reloading the operating system software as installed in the Products before shipment (subject to software availability).

  1. Your Acceptance of Products 

You have the responsibility for examining the Products on delivery and verifying their condition, and that the content of the Product package is complete. Products will be considered to have been accepted by you on delivery, as in good condition, and with all accessories, components and other products and content to be contained in or packaged with the Product, and as otherwise in accordance with the Contract, unless you have on delivery or promptly thereafter inspected the Products and notified AB MARINE of any deficiencies or defects.

  1. Returns Policy 

If a product is faulty and within the warranty period (12 months from date of purchase) you must obtain an AB MARINE return reference number. This number may be obtained from AB MARINE by sending an email to L.Hawkins@radioholland.co.za  along with the following details i.e. name, date of purchase, model number and invoice number.

On return of the product, AB MARINE will check and if the product is found faulty, a replacement unit will be send within 28 days. If the product is found to be in good condition, a replacement product will not be sent and the return of this product to the consumer is the total responsibility of the consumer.

  1. Exceptions to right to return 

The right of return does not apply if you do not purchase Products or Services as a consumer. The right of return and refund does not apply to software sold with AB MARINE products, or as a separate product, if the license seal has been broken and/or shrink-wrap packaging opened.

  1. Resale of Product, Parts etc. 

Customer shall not resell Product, Product parts, components or accessories packaged with the Products. AB MARINE may (among other reasons) reject orders placed by Customer if Customer breaches this term (with regard to any Products) or if AB MARINE reasonably suspects that Customer has breached or will breach this term.

  1. Guarantees and Warranties 

Subject to the qualification with respect to statutory rights (below), to the fullest extent permitted by applicable law, AB MARINE gives no guarantees or warranties with respect to Products or Services, additional to those in the warranty card included with the Products, (in each case, “Warranties”).

Guarantee cards and Typical Guarantee terms and exceptions

In the Warranty cards included with Products, AB MARINE or the relevant AB MARINE Group Company gives certain warranties and service undertakings concerning the Products.

The terms of the Warranties applicable to the Products you order may vary depending on the relevant Product, country of sale or intended use of the Product. In the Warranties, AB MARINE or the relevant AB MARINE Group Company (as stated in the relevant Warranty) typically guarantees the Product to be free from defects in materials and workmanship for a period of 12 months (or other stipulated period) from original purchase. If, during that period, the Product proves defective in materials or workmanship, the relevant service centre, facility or other service option will repair or replace the Product (at the sole discretion of AB MARINE Scientific) or defective parts, subject to exceptions stated in the relevant Warranty. Repair or replacement of defective Products or parts in accordance with the relevant Warranty terms is (to the fullest extent permitted by applicable law) your only and exclusive remedy for defective Product covered by a Warranty.

However, the Warranties (and these Terms) do not affect or detract from, and should not be read to affect, your statutory rights under applicable law (whether as a consumer or otherwise) which cannot be waived or limited by contract, and you may assert your rights at your sole discretion.

The following are some typical exceptions to Warranty coverage (stated in the Warranties):

– A Warranty does not cover damage from adaptations or adjustments made to the relevant Product without the prior written consent of AB MARINE.

– A Warranty will not apply if the type or serial number of the product has been altered, deleted, removed or rendered illegible.

– A Warranty does not cover (among other things): a. periodic maintenance and repair or replacement of parts due to normal wear and tear; b. consumables supplied with the Product such as batteries; c. cosmetic damage; d. physical damage to liquid crystal displays; e. damage or loss to software, data or storage media; f. transport costs and risks; g. damage from improper use or maintenance; h. damage from installation or use of the Product inconsistent with applicable technical or safety standards or installation or user instructions; i. damage from improper or incorrect installation of software and other products; j. repair or attempted repair of the Product by non-authorized persons; k. damage from accidents, lightning, water, fire, improper ventilation or any cause beyond the control of AB MARINE; l. damage by use of the Product with accessories, products or peripheral equipment not made by AB MARINE; m. damage by defects of any system into which the Product is incorporated; n. software (as mentioned below); and o. damage due to abuse, neglect or commercial use.

The Warranty cards contain warranties and other vital terms concerning the Products, including limitations and exclusions of warranty coverage and liability. Please review the Warranty(ies) which apply to the Products carefully. Placing an order for Products with AB MARINE constitutes full acceptance of the warranty and warranty terms and limitations set out in these Terms and in any applicable AB MARINE Warranties available to view at the time of placing an order. The terms of the Warranty card shipped with the Product supersedes (to the extent of any inconsistency) Warranty terms in AB MARINE websites and other sources.

All warranty services under a Warranty will be provided only on presentation of proof and date of purchase. Therefore, you should keep a copy of the invoice for the Product with the Product Warranty card. You should also keep a copy of the courier delivery note as evidence of the exact delivery date.

Claims to be made within warranty period

Notwithstanding any provision of the Warranty, all warranty claims must be made within the warranty period stipulated in the Warranty.

No other terms or warranties

No advice or information, whether oral or written, obtained by you from AB MARINE, distributors, resellers or other third parties, whether through or from after-sales or other services referred to in, or linked to or from AB MARINE websites, or otherwise, will create any warranty or condition concerning Product features or capabilities not expressly stated in these Terms or the relevant Warranty(ies). There are no warranties, conditions or other terms that are binding on AB MARINE other than as stated in these Terms, except for those (if any) provided by your statutory rights under applicable law (whether as a consumer or otherwise) which cannot be waived or limited by contract.

There may be differences between Products delivered to you and seemingly equivalent products described in marketing materials (advertisements, catalogues, specification sheets etc) in manufacturers’, distributors’, resellers’ or other websites or other materials, which may or may not be intended for use in your country of residence. AB MARINE is not responsible for such differences.

Any other warranty, condition or other term concerning Products that might otherwise be implied into or incorporated into the Terms by law is expressly excluded (to the fullest extent permitted by applicable law). AB MARINE employees are not authorized to vary these Terms.

If Products (such as certain accessories) are sold without an applicable Warranty card, AB MARINE gives no warranty or guarantee, other than as stated in applicable law.

Third Party Hardware

If hardware which is not manufactured by AB MARINE is included as or with Products available for purchase from AB MARINE and a separate third party Warranty for that hardware is included with Products, the terms of that guarantee or warranty shall apply to the exclusion of the guarantees and warranties mentioned above (to the fullest extent permitted by applicable law).

Software

The Guarantee(s) and/or warranties mentioned above do not cover any software products contained in or supplied with the Products (whether produced by AB MARINE or by other parties). No guarantees or warranties (express or implied) with respect to software sold with or embedded or incorporated into Products are given, save any expressly set out in any accompanying software end-user license agreement or other terms included with the software.

Any such software is provided “AS IS” (i.e. without warranty or conditions as to its satisfactory quality, fitness for purpose or correspondence with description) unless expressly provided in any end-user license agreement or software or other product warranty from the relevant manufacturer or licensor, enclosed with the relevant Products. Please refer to the end-user license agreements and/or guarantees or warranties included with the Products, for Customer’s rights with regards to the manufacturer or supplier of software, and the parties’ respective obligations with respect to that software.

Technical Assistance and Support

The Guarantee(s) and warranties do not cover technical assistance for hardware or software use.

AB MARINE does not offer support to customers for problems or issues regarding any software or other products licensed or manufactured by a party other than AB MARINE. If Customer needs such support, Customer must contact the respective manufacturer or licensor of the relevant software or other product.

Modification of Guarantees and warranties

AB MARINE reserves the right to modify warranties (in or referred to in these Terms), and/or separate warranties and guarantees (included with the Products) at any time. However, Contracts accepted on the basis of previous terms and conditions, including Warranties which applied to your purchase (at the time of purchase) remain unaffected.

  1. Liability limitation 

These Terms set out the full extent of AB MARINE’s (and other AB MARINE Group Companies’) obligations and liabilities in respect of the supply of, or failure to supply, Products. AB MARINE is not liable to you (or any other parties):

a. for any indirect, incidental, consequential, punitive or exemplary damages, or for loss of income, profits, bargain, revenue, contracts, goodwill, use, enjoyment, time, data, electronically transmitted orders or other economic advantage (even if AB MARINE have been advised of the possibility of such damages), however caused, through serious fault, Product unavailability or otherwise and regardless of the theory of liability, whether in contract, tort or otherwise (but not to the extent that applicable law prohibits liability exclusions or limitations for intentional torts or gross negligence, or other fault bases), or

b. for 1) loss of the use of Products or inability to order Products via a AB MARINE website or other media, 2) the cost of procuring substitute goods and services resulting from any Products, data, information or services purchased or obtained or messages received or transactions entered into through a AB MARINE website or other media, 3) unauthorized access to or alteration of your transmission or data, or 4) statements or conduct of any third party regarding any matter relating to content downloaded from an AB MARINE website or other media.

This clause and the limitations of liability apply also to AB MARINE named as the guarantor or warrantor (if any), in the relevant Warranty. If applicable law prevents, restricts or limits AB MARINE’s ability to limit or exclude its liability or its liability in respect of certain kinds of loss, the limitations and exclusions in these Terms shall apply to exclude or limit AB MARINE’s liability to the maximum extent permissible.

Important Consumer Qualification

Nothing in these Terms limits, excludes or affects (and should not be read to limit, exclude or affect) AB MARINE’s liability which, under the laws which apply to you (which may include consumer protection laws in your usual country of residence) cannot be excluded or limited. Nothing in these Terms affects (or should be read to limit or affect) statutory rights under applicable national laws in force which apply to you. You may assert your rights at your sole discretion.

  1. Data Protection and Privacy 

General data collection

By submitting orders:

– you consent to the processing of data personal to you, such as your name and title, address, telephone number, contact details and other personal details (“Personal Data”), in accordance with the terms notified in the “Personal Data” (or similarly entitled) section of the AB MARINE website order submission form.

– you acknowledge that the processing of your Personal Data is necessary for the performance of the Contract and you consent to such processing.

In certain circumstances AB MARINE may seek additional personal information such as photocopies of identification documents or credit cards for example for identity verification or fraud prevention purposes. Where such additional information is submitted to AB MARINE it shall also be regarded as “Personal Data”.

Disclosure to others

AB MARINE will not disclose Personal Data to entities and persons, other than AB MARINE Group Companies and Partners, (“3P’s”) without your consent, except in the cases below.

  1. Export Control 

You acknowledge that Products licensed or sold to you under these Terms may be subject to export control laws and regulations of jurisdictions. You confirm that, should this be the case, you will not export or re-export them in breach of such laws or regulations.

  1. Other general 

Notices and Communications

Each party (i.e. you or AB MARINE) may send notices or communications to the other by personal delivery, e-mail, regular mail or fax. Notices or communications must be sent to the latest contact details specified by the receiving party.

Notices and communications will be considered received by the addressee (as applicable):(1) If by courier or other mode of personal delivery, on the date of personal delivery to such addressee’s address as last specified by that addressee before shipping; or (2) if by posting, 5 working days after the date of registered posting (by airmail, delivery receipt requested) to the addressee’s address last specified by the addressee before posting; or (3) if by facsimile, contemporaneously with facsimile transmission to the facsimile number last specified by the addressee before transmission, with delivery being evidenced by an appropriate successful transmission contact report.

E-mail communications shall be considered received by the addressee on the earlier of (1) the earliest time at which the e-mail is accessible by the addressee; (2) receipt by the sender of a delivery receipt message indicating successful delivery to the intended addressee’s e-mail address, or (3) the expiry of 48 hours from the sending of the e-mail; provided that if at any point the sender receives notification that the e-mail has not been successfully transmitted to an addressee then the e-mail shall not be deemed to have been received by that addressee. Order cancellations by Customers via e-mail shall only be effective upon express acceptance thereof by AB MARINE.

No waiver

No omission or delay on the part of any party to insist on strict performance of any Terms, or in exercising any right, power or remedy under these Terms, shall operate as a waiver thereof, nor shall any single or partial exercise by any party of any right, power or remedy preclude the further or other exercise thereof or the exercise of any other right, power or remedy. Without limitation, no waiver by any party of any breach of any provision of these Terms shall be a waiver of any subsequent breach of that or any other Term.

Severability

If all or any part of one or more of these Terms is or becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation or found to be illegal or unenforceable in whole or in part under any applicable law, or regulation of any jurisdiction or country, or with respect to a certain category of persons, such provision or part shall to that extent, and only if it cannot be interpreted in a manner to avoid the illegality, invalidity or unenforceability (and only in relation to that jurisdiction or country, or category of persons) be deemed not to form part of the Contract. The legality, validity or enforceability of the remainder of these Terms or the remaining parts of the relevant Term shall not in any way be affected or impaired thereby (in relation to such jurisdiction or country, or category of persons). The legality, validity or enforceability of such provision under the applicable laws of any other jurisdiction or country or category of persons, shall not in any way be affected or impaired.

  1. Statutory rights 

These Terms do not affect (and should not be read to affect) your statutory rights which cannot be waived or limited by contract.