LEWMAR TERMS AND CONDITIONS OF SALE

1. Definitions

In these Conditions of Sale "the Seller" shall mean Lewmar Ltd and/or its successors, assignees, sub-contractors and agents; "the Buyer" shall mean any person or persons, firm or firms, company or companies, authority or authorities who shall order or buy the Goods and shall include its or their successors, executors and personal representatives; "the Goods" shall mean the equipment, goods, materials and/or services supplied or sold by the Seller (including all replacements and renewals thereof and all accessories and additions thereto whether added or made before or after the date of the relative order); "the contract" shall mean the contract for the sale or supply of the Goods by the Seller to the Buyer; and "Ex-Works" shall have the meaning given by the 2000 International Chamber of Commerce Official Rules for the interpretation of trade terms (‘Incoterms’).

2. Contract

(a) These Conditions of Sale alone shall govern and be incorporated in every contract for the sale of Goods and shall be in substitution of any oral arrangement made between the Seller and the Buyer. They shall apply in place of and prevail over any terms or conditions (whether or not in conflict or inconsistent with these Conditions of Sale) contained or referred to in any documentation submitted by the Buyer or in correspondence or in verbal communications between the Seller and the Buyer or implied by trade custom, practice or course of dealing unless specifically excluded or varied in writing by a director or other authorised representative of the Seller and any purported provisions to the contrary are hereby excluded.

(b) No quotation by the Seller shall constitute an offer. No order placed with the Seller shall be binding on the Seller or deemed to be accepted by the Seller unless and until a written and unqualified acknowledgement and acceptance of such order is issued to the Buyer by the Seller.

(c) Any variation of the contract must be agreed in writing by the Buyer and the Seller.

(d) Acceptance by the Buyer of delivery of the Goods shall (without prejudice to any other manner in which acceptance of these Conditions of Sale may by evidenced) be deemed to constitute unqualified acceptance of these Conditions of Sale.

(e) In the event that orders are placed with the Seller through export merchants or confirming houses in the United Kingdom, the export merchants or confirming houses must supply the Seller with the full name and address of their principal.

(f) If, subsequent to any contract of sale which is subject to these Conditions of Sale, a contract of sale is made by the Seller with the same Buyer without reference to any conditions of sale or purchase, such contract howsoever made shall be deemed to be subject to these Conditions of Sale unless otherwise indicated in writing by the Seller.

3. Price

(a) Quotations of price will normally be given by the Seller in pounds Sterling, but in the event of a quotation being given in currency other than Sterling and the exchange rate on the date on which any payment falls due being different from that on (i) the date of the quotation or (ii) the date of acceptance of the Buyer's order, whichever is the earliest, then the Seller shall have the right to make such adjustments as it may reasonably consider necessary to take account of such difference.

(b) All prices quoted are strictly net. In addition to the quoted price the Buyer shall be responsible for and, if agreed to be provided by the Seller in any contract, pay the full cost of (i) packing, delivery, customs, duties (where applicable) and freight charges; (ii) insurance for the Goods against all risks during delivery; and (iii) any applicable Value Added Tax or other sales tax(es).

(c) Any price lists or catalogues issued or supplied by the Seller and all rates and prices contained therein are subject to variations or withdrawal without notice.

4. Delivery

(a) Unless otherwise agreed in writing between the Buyer and the Seller the Seller shall be entitled to supply the Goods by part-deliveries.

(b) Where supply of the Goods is made by part-deliveries each such delivery shall (for the purposes of this clause) be treated as if it arose from a separate and independent contract but any delay or failure by the Seller in respect of any such part-delivery shall not entitle the Buyer to cancel the contract(s) for the remainder of the Goods.

(c) Failure by the Buyer to pay for any part-delivery when payment falls due shall entitle the Seller to withhold delivery of the remainder of the Goods.

(d) The Buyer shall accept delivery of the Goods or, if relevant, any part-delivery thereof within a period of 7 days of being notified by the Seller that the Goods are available for delivery. If the Buyer shall fail to accept delivery as aforesaid the Seller shall be entitled: (i) to charge interest to the Buyer at the rate of 4% per annum above the Bank of Scotland base lending rate for the time being (such interest being calculated daily and charged monthly by the Seller and payable by the Buyer on demand by the Seller); and (ii) to make a daily storage charge against the Buyer at a rate equivalent to 10% per annum on all sums due to the Seller in terms of the contract and for the time being unpaid in respect of the period from the expiration of the said period of 7 days until delivery of the Goods is accepted by the Buyer. If the Buyer does not accept delivery (or part-delivery, if relevant) of the Goods within the period stated in sub-clause If the Buyer does not accept delivery (or part-delivery, if relevant) of the Goods within the period stated in sub-clause (d) above, the Seller shall be entitled to terminate the contract (or any contract relating to a part-delivery of the Goods) and to re-sell the Goods. Such termination shall not affect the rights of the Seller to apply the charges stated in sub-clause (d) above up to, and including, the date of termination of the contract.

5. Delivery and Passing of Risk

Unless otherwise agreed in writing between the Seller and the Buyer, the Goods are sold Ex Works the Seller’s premises. All costs, taxes and duties arising in respect of the carriage, delivery and supply of the Goods are the responsibility of the Buyer unless otherwise agreed in writing by the Seller. Risk or loss, damage or destruction of the Goods shall pass to the Buyer immediately upon delivery being made. Where the Seller has agreed to insure the Goods for delivery to the premises specified by the Buyer, the Seller shall have no liability for any loss or damage to, or destruction of the Goods and any claim for damage to the Goods in transit shall be submitted to the carrier within 7 days of delivery and a copy sent to the Seller for information only at the time of notification to the carrier.

6. Delay in Delivery

Any delivery date given by the Seller to the Buyer is the Seller's approximate best estimate of the date on which the Goods will be delivered to the Buyer and the Seller will use reasonable endeavours to meet such delivery date. Delivery and completion dates are not, however, subject to any condition, guarantee, warranty or representation and, unless otherwise agreed in writing between the Seller and the Buyer, time shall not be of the essence with regard to delivery of the Goods and there shall be no liability (in contract or otherwise howsoever, including negligence) upon the Seller in respect of any loss or damage (including consequential or economic loss or damage) incurred by the Buyer arising from any delay in delivery of the Goods; nor shall the Buyer be entitled to refuse to accept delivery or to repudiate or cancel the contract as a result of any delay in delivery of the Goods or any part thereof. Late delivery shall not affect the obligation of the Buyer to pay the price.

7. Payment

(a) Unless otherwise agreed in writing between the Seller and the Buyer and subject to sub-clause (b) below, payment of all sums due to the Seller in respect of a contract for the supply of Goods shall be made within 30 days of the date of the invoice issued in respect of the Goods and time shall, in respect of payment, be a material condition in and of the essence of the contract.

(b) In respect of any Goods to be delivered to the Buyer or its nominees at an address overseas, any applicable shipping and/or transportation charges, insurance, storage, customs duties (where applicable) standing charges or other additional costs shall be paid by the Buyer prior to the despatch of the Goods by the Seller by means of a irrevocable letter of credit opened with a bank approved by the Seller or by such other means as may be agreed in writing between the Buyer and the Seller.

(c) The Seller shall have the right to charge interest (which shall accrue from day to day) on all sums which may at any time be overdue for payment in terms of the contract (from the time such sums become due for payment until such sums have been paid to the Seller in full) at the rate per month of 4% above the Bank of Scotland base lending rate from time to time, such interest shall be calculated daily and shall be charged monthly by the Seller and be paid by the Buyer on demand by the Seller.

(d) In the event that the Buyer fails to pay all sums due to the Seller in respect of a contract for the supply of Goods within 30 days of the date of the invoice issued in respect of the Goods in terms of sub-clause (a) above (i) the Seller shall be entitled to terminate the contract (without prejudice to its accrued rights and its right to charge interest under sub-clause (c) above up to and including the date of termination of the contract) and any other contract between the parties for the supply of Goods which has not yet been performed (without prejudice to its accrued rights thereunder) and (ii) all sums to become due to the Seller by the Buyer in terms of all other contracts between them for the supply of Goods including Goods ready but not yet despatched, shall become immediately due and payable.

8. Passing of Property

(a) Unless otherwise agreed in writing between the Seller and the Buyer and notwithstanding delivery or the passing of risk under Clause 5 above, property and title in the Goods shall not pass to the Buyer unless and until payment in full (together with any accrued interest) shall have been received by the Seller from the Buyer in respect of: (i) the contract price of all of the Goods delivered or to be delivered to the Buyer and comprised in the contract; (ii) any other goods and services supplied or to be supplied to the Buyer by the Seller under the contract or under any other contract between the Seller (or any other company within the group of companies of which the Seller forms part (a ‘Seller Group Company’)); and (iii) any other sums owed by the Buyer to the Seller (or any other Seller Group Company). Unless and until payment in full shall have been received as aforesaid, the following provisions of this Clause 8 shall be applicable.

(b) Until such time as property and title in the Goods has passed to the Buyer, the Buyer shall : - (i) hold the Goods (in so far as the Goods or any of them have not been sold by it) as the Seller’s fiduciary agent and as its bailee and trustee; (ii) keep the Goods separate from those of the Buyer and third parties (and clearly identified as being the Seller’s property), insured, properly stored and protected against damage and deterioration; and (iii) give the Seller such information relating to the Goods as the Seller may from time to time require.

(c) The Buyer shall keep the Goods free from any charge, lien, other security or encumbrance but if the Buyer shall fail to do so, all monies owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.

(d) Whilst the Buyer is in possession of the Goods with the Seller’s consent (but not otherwise) the Buyer may in the ordinary course of its business sell the Goods at full value (being not less than the full sales price therefor invoiced by the Seller to the Buyer) provided that (i) as between the Buyer and its sub-buyer or customer the Buyer shall sell the Goods as principal and the Buyer shall not be empowered to commit the Seller to any contractual relationship with or liability to the sub-buyer or customer or any other person; (ii) as between the Seller and the Buyer, the Buyer shall sell the Goods in a fiduciary capacity as agent for the Seller; (iii) notwithstanding any agreed period of credit for payment of the price of the Goods the Buyer shall pay the proceeds of such sales to the Seller forthwith upon receipt; (iv) the Buyer shall not exchange or barter the Goods in any way whatsoever; (v) the Buyer shall be wholly liable for any breach of contract, warranty or misrepresentation made by the Buyer in the course of any such sale and the Buyer shall keep the Seller fully indemnified in respect thereof; and (vi) upon request the Buyer shall assign forthwith to the Seller the benefit of any agreement whether written or oral under which the Goods have been sold to any third party including but not limited to any claim for the sale price thereof or their recovery or value; thereafter the Seller shall be entitled to pursue any remedy open to the Buyer and shall be entitled to retain any sum or property recovered as payment towards any sum owing to the Seller by the Buyer.

(e) Until such time as the property in the Goods passes to the Buyer, the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller (at the Buyer’s sole expense) and, if the Buyer fails to do so forthwith, the Seller reserves the right to repossess any Goods sold by it under the contract or any other contract with the Buyer in respect of which payment is overdue and thereafter to re-sell the same and for this purpose the Buyer hereby grants an irrevocable right and licence to the Seller, through its servants and agents, to enter with or without vehicles upon all and any premises on which such Goods may be situated and to take possession of any such Goods (where appropriate detaching them from any new objects of which they have become part or with which they have been mixed) without liability to the Buyer for any consequential damage to the said objects. These rights shall continue to subsist notwithstanding the termination of the contract and without prejudice to any other accrued rights of the Seller under these Conditions of Sale. In such circumstances, the Buyer hereby waives any right to claim from the Seller damages for loss, injury or damage (including, but not limited to damages for negligence) caused to the Buyer’s or its agent’s premises, business reputation, profits or business whatsoever as a result of such entry and will keep the Seller fully indemnified on demand against all (i) costs and expenses incurred in exercising its rights under this Clause 8(e); and (ii) claims for loss, injury or damage caused to any third party’s products, business, reputation, profits or business whatsoever as a result of such entry (including, but not limited to any claim for negligence).

(f) Notwithstanding the provisions of this Clause 8 the Seller shall be entitled to bring an action against the Buyer for any indebtedness of the Buyer in the event of non-payment by the Buyer for the Goods by the due date for payment even though property in the Goods has not passed to the Buyer. Such action shall not preclude the Seller, at its option, from seeking re-delivery of the Goods.

(g) Nothing in this Clause 8 shall give the Buyer the right to return any Goods sold by the Seller.

(h) If the Buyer sells or disposes of any of the Goods which remain the property of the Seller, the Seller shall be legally and beneficially entitled to the proceeds of sale up to the aggregate amount of any indebtedness of the Buyer to the Seller and the Buyer shall pay such proceeds of sale (up to the aforesaid amount) into a separate account or otherwise make sure that all such proceeds of sale are kept by or on behalf of the Buyer in a separate and identifiable form solely for the benefit of the Seller. Further, forthwith upon receipt of the proceeds of sale as aforesaid the Buyer shall pay to the Seller any of the aforesaid sums outstanding to the Seller and shall not use or deal with the proceeds of sale in any way whatsoever until such sums shall have been paid in full to, and received by, the Seller. (i) The Buyer’s right to use the Goods or to sell them prior to any sums owing to the Seller being repaid in full may be terminated forthwith by written notice given by the Seller to the Buyer but shall automatically cease (without the necessity of giving notice):- (1) if the Buyer (being an individual or firm) shall become apparently insolvent or commit or suffer any act of bankruptcy; or (2) if the Buyer (being a company) (1) holds a meeting to consider, or passes a resolution for, the appointment of an administrator or its winding up, bankruptcy, insolvency or dissolution or is presented with a petition for its winding up, bankruptcy, insolvency or dissolution or the appointment of an administrator to it or (2) holds any meeting with or makes or proposes or enters into or has proposed to it any arrangement or composition with or for its creditors (including any voluntary arrangement as described in the Insolvency Act 1986) or (3) has a supervisor, receiver, administrator, administrative receiver or other encumbrance take possession of or appointed over or has any distress, execution or other process levied or enforced upon it (and not discharged within 14 days) upon the whole or a material part of its assets or (4) ceases or threatens to cease to trade or (5) is or becomes unable to meet its debts as they fall due; or (3) if the Buyer defaults in making payment in accordance with the contract or any other contract or any payment is not received by the Seller when due; or (4) if any event occurs in relation to the Buyer which in any jurisdiction to which the Buyer is subject is analogous to any of the events set out in sub-clauses (i) and (ii) above. (5) Each of the foregoing Sub-Clauses of this Clause 8 shall be construed, receive effect and be enforceable as a separate and independent clause of these Conditions of Sale.

9. Technical Data

With the exception of these Conditions of Sale all information, details, measurements, descriptions and illustrations contained in the Seller's catalogues and sales manual(s) and all drawings, descriptive statements, weights, dimensions, power consumptions, price lists and advertisements are intended to be and may be construed only as of a general informative nature and no such information, details, measurements, descriptions and illustrations shall form any part of or be incorporated in any way into the contract. Unless otherwise agreed in writing between the Seller and the Buyer, no statements, description, warranty or recommendation made verbally by the Seller shall constitute a representation, warranty or undertaking in respect of the Goods and they shall not be construed to enlarge, vary or override in any way any of these Conditions of Sale.

10. Seller's Warranty and Liability for Defects

(a) The Buyer is deemed to have satisfied itself as to the suitability of the Goods for the purpose for which the Buyer requires them.

(b) Subject to the provisions of clause 5 above in relation to damage to Goods while in transit and to sub-clause (c) below, where any of the Goods supplied by the Seller to the Buyer are manufactured by the Seller and are found by the Buyer within six calendar months after delivery to be defective in material or workmanship or not to conform to the specifications set out in the Buyer's order as accepted by the Seller and forming part of the contract, the Buyer shall notify the Seller of such defect within 10 days of discovery of such defect or failure to conform and shall return such Goods, carriage paid, to the Seller within one calendar month after such notification and the Seller shall, provided that the Goods have been accepted and paid for and at its own option either repair such Goods free of charge, replace such Goods or refund to the Buyer the price thereof but in no circumstances whatsoever (subject to any applicable statutory provision from time to time in force) shall the liability of the Seller in connection with any such Goods exceed the price paid by the Buyer therefor. The liability of the Seller under this Clause is conditional upon the Buyer (i) adhering strictly to the terms of payment provided for in the contract; (ii) notifying the Seller of the defect in the Goods within the said period of 10 days and returning said Goods to the Seller within the said period of one calendar month after such notification; and (iii) not attempting to repair or allowing anyone not previously approved and authorised by the Seller to repair any part or parts of the Goods. The Seller shall have no liability under the contract or otherwise for any defects which in the opinion of the Seller occur as a result of:- (i) misuse of the Goods or negligence on the part of any person other than the Seller; (ii) failure to use the Goods in accordance with their product specification(s) or instructions; (iii) loss or theft of the Goods or any part of them; (iv) damage from any cause other than negligence by the Seller; (v) the Goods being used for any purpose other than their intended purpose; (vi) the manufacture or supply of the Goods to any specification stipulated by the Buyer; (vii) unauthorised modification, alteration or repair of any of the Goods; or (viii) corrosion and wear and tear of the Goods.

(c) In the case of Goods not of the Seller's manufacture the Seller will pass to the Buyer any benefits obtainable under any warranty given by the Seller's supplier provided that the Goods have been accepted and paid for. The Seller will not otherwise have any liability to the Buyer in respect of such Goods.

(d) Where the Goods are for delivery by instalments any defect in any instalment shall not be a ground for cancellation of any of the remainder of the instalments or of the contract and the Buyer shall be bound to accept delivery thereof.

(e) All conditions, warranties or other terms whether express or implied, statutory or otherwise (including liability for negligence), inconsistent with the provisions of this Clause 10 are hereby expressly excluded to the fullest extent permitted by law provided that nothing in this clause shall exclude or restrict:- (i) any liability of the Seller for death or personal injury resulting from negligence of the Seller or its servants or agents; (ii) any liability of the Seller for breach of its implied undertakings as to title; or (iii) in situations where the Buyer deals as a consumer within the meaning of the Unfair Contract Terms Act 1977 (or any analogous law under any other jurisdiction applicable to the Buyer and/or the contract), any liability of the Seller for breach of its implied undertakings as to conformity of the Goods with description or sample or as to their quality or fitness for a particular purpose in each case to the extent that it would be unlawful for the Seller to so exclude or restrict its liability.

11. Suspension or Cancellation

If any of the events specified in sub-clauses (1) to (4) of Clause 8(i) above occurs, the Buyer then the Seller may, without prejudice to its accrued rights, either suspend or cancel the delivery or further deliveries of the Goods terminate the contract and charge the Buyer in respect of any loss sustained thereby. If the Buyer cancels its order the Seller shall be entitled (without prejudice to its other rights under the contract) to recover all costs accrued and/or incurred by the Seller up to the date on which the Seller receives notices of such cancellation.

12. Force Majeure

(a) If performance of the contract shall be delayed by any circumstance or condition beyond the control of the Seller, including, but not limited to,) any war, act of terrorism, industrial dispute, strike, lockout, riot, malicious damage, fire, storm, flood, Act of God, accident, non-availability or shortage of material or labour, failure by any sub-contractor or supplier to perform, failure of production equipment, any statute, rule, byelaw, order, regulation or requisition made or issued by any government department, local or other duly constituted authority, then the Seller shall have the right to suspend further performance of the contract until such time as the cause of the delay shall no longer be present.

(b) If the performance of the contract by the Seller shall be prevented by any such circumstances or conditions beyond the control of the Seller, then the Seller shall have the right to be discharged from further performance of and liability under the contract. If the Seller exercises such right the Buyer shall thereupon pay all sums due in terms of the contract less a reasonable allowance for such part of the contract as has not then been performed by the Seller.

13. Ruling Law

The contract shall be governed by and construed in all respects in accordance with the law of England and the parties hereto submit to the exclusive jurisdiction of the English courts.

14. General

(a) Each clause and sub-clause in these Conditions of Sale and any provision or provisions therein is separate and severable and enforceable accordingly.

(b) Any failure by the Seller to exercise or enforce any of its rights under the Contract or at law shall not be deemed to be a waiver of any such right nor operate to prevent its exercise or enforcement at any future time or times.

(c) The Buyer shall not be entitled to assign, sub-contract or transfer any of its rights of obligations under the contract.

(d) The Seller shall be entitled to deduct from any monies due or becoming due to the Buyer in connection with the contract any and all sums owing by the Buyer to the Seller but the Buyer shall not be permitted to make any such deduction in respect of any sums owing by it to the Seller.

(e) Subject to any liability of the Seller under Clause 10(e), the Seller shall have no liability to the Buyer, under the contract or in tort (including negligence) for any loss of profit, business, production, revenue, goodwill, anticipated savings or any indirect, economic, special or consequential loss or damage.

(f) No servant or agent of the Seller is authorised to make any representation or give any guarantee, warranty or undertaking in relation to the Goods except as set out in Clause 10 or as otherwise agreed in writing by a director of the Seller.

Limited Warranty and Key Terms of Supply by Lewmar

Lewmar warrants that in normal private pleasure boat usage and with proper maintenance its products will conform with their specification for a period of three years from the date of purchase by the end user, subject to the conditions, limitations and exceptions listed below. Any product, which proves to be defective in normal usage during the relevant warranty period, will be repaired or, in Lewmar’s sole and absolute discretion, replaced by Lewmar.

A.  CONDITIONS AND LIMITATIONS

I.            Lewmar’s liability shall be limited to the repair or replacement of any parts of the product which are defective in materials or workmanship.

II.          Responsibility for the selection of products appropriate for the use intended by the end user shall rest solely with the end user and Lewmar accepts no responsibility for any such selection.

III.         Lewmar shall not be liable in any way for product failure or any resulting loss or damage that arises from:

a.   use of a product in an application for which it was not designed or intended;

b.   corrosion, ultra violet degradation or wear and tear;

c.    a failure to service or maintain the product in accordance with Lewmar’s recommendations;

d.   faulty or deficient installation of the product (unless conducted by Lewmar);

e.   any modification or alteration of the product;

f.    conditions that exceed the product’s performance specifications or safe working loads; and/or

g.   abuse of the product.

IV.         Products subject to a warranty claim must be returned to the Lewmar outlet that supplied the products for examination unless otherwise approved by Lewmar in writing.

V.          This warranty does not cover any incidental costs incurred for the investigation, removal, carriage, transport or installation of product.

VI.         Service by anyone other than authorised Lewmar representatives shall void this warranty unless it accords with Lewmar guidelines and standards of workmanship.

VII.        Lewmar’s products are intended for use only in the marine environment. Buyers intending to use them for any other purpose should seek independent professional advice as to their suitability. Lewmar accepts no liability arising from such other use.

VIII.      Any registered warranty is non-transferrable and only applies to the original end user.

IX.         Damages by deformation or bending are not covered by this warranty.

B.  EXCEPTIONS

X.          Cover under this warranty is limited to a period of one year, or such longer period required by applicable laws or regulations, from the date of purchase by the end user in the case of any of the following products or parts of products:

a.    Electric motors and associated electrical equipment

b.    Electronic controls

c.    Hydraulic pumps, valves and actuators

d.    Hatch & Portlight weather seals

e.    Products used in “Grand Prix” racing applications

f.     Products used in commercial or charter applications

g.    Anchor rodes

h.    Series composite gypsy

i.     Pawls, springs and bearings

XI.         Cover under this warranty is limited to a period of 5 (five) years warranty from the date of purchase by the end user in the case of any of the following products or parts of products:

a.    Pro Series windlass

XII.        Cover under this warranty is limited to a period of 7 (seven) years warranty from the date of purchase by the end user in the case of any of the following products or parts of products:

a.    EVO® winch*

XIII.       Provided that the warranty is registered within 90 days of purchase, cover under this warranty is limited to a lifetime guarantee against breakage from the date of purchase by the end user in the case of any of the following products:

a.    Delta® stainless steel and galvanised anchor

b.    C.Q.R.® stainless steel and galvanised anchor

c.    Epsilon stainless steel anchor

XIV.      Provided that the warranty is registered within 90 days of purchase, cover under this warranty is limited to a lifetime guarantee for center stems, drums, feeder arms and gears only, from the date of purchase by the end user, in the case of any of the following products:

a.    EVO® winch* **

b.    Ocean winch**

C.  LIABILITY

XV.        Lewmar’s liability under this warranty shall be to the exclusion of all other warranties or liabilities (to the extent permitted by applicable laws or regulations). In particular (but without limitation) Lewmar shall not be liable for:

1.    Any loss of anticipated turnover or profit or indirect, consequential or economic loss;

2.    Damages, costs or expenses payable to any third party;

3.    Any damage to yachts or equipment;

4.    Death or personal Injury (unless caused by Lewmar’s negligence).

XVI.      Lewmar grants no other warranties regarding the fitness for purpose, use, nature or satisfactory quality of the products. Where applicable law does not permit a statutory or implied warranty to be excluded, then such warranty, to the extent permitted by applicable laws or regulations, shall be limited to a period of one year from the date of purchase by the end user or such longer period required by applicable laws or regulations. 

D.  PROCEDURE
Notice of a claim for defects under this warranty shall be made promptly, but in any event within thirty (30) days, after the defect was or reasonably should have been discovered or such longer period required by applicable laws or regulations, and in writing by the end user to the Lewmar outlet that supplied the product or to Lewmar Limited at Southmoor Lane, Havant, Hampshire PO9 1JJ, England. 
Any claim or action for defects under this warranty shall be commenced within one (1) year after the receipt by Lewmar of the first notice of claim for defects or such longer period required by applicable laws or regulations. 

E.   SEVERANCE CLAUSE
If any clause of this warranty is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining clauses of this warranty and the remainder of the clause in question shall not be affected.

F.   MODIFICATIONS
Lewmar shall not be liable for commitments, promises, or agreements made by any agent or dealer, whether verbally or in writing, that is not in accordance with the content of this document.

G.  LAW
To the extent that the laws of the state or country in which the first end-user is domiciled at the time of purchase of the product do not require the application of the of the laws of such state or country,  this limited warranty shall be governed by and read in accordance with the laws of England.

H.  DISPUTES
To the extent that the laws of the state or country in which the first end-user is domiciled at the time of purchase of the product do not provide for the exclusive jurisdiction of the courts of such state or country, any dispute arising under this warranty may be referred to alternative dispute resolution under the rules of the British Marine Federation or to the Courts of England and Wales. The British Marine Federation may be contacted at Marine House, Thorpe Lea Road, Egham, England, TW20 8BF.

*   EVO® Race+ Series of winches are excluded from this coverage and are subject exclusively to the general 3 years warranty.

** Registered lifetime warranty does not apply to winches over size 65 which are subject exclusively to the general 3 years warranty.

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Lewmar.com Terms and Conditions of Sale (Lewmar Ltd)

1. THESE TERMS

1.1 What these terms cover.

These are the terms and conditions on which we supply products listed on lewmar.com (our Website) to you as a consumer. Please note that the products that we supply to you are for domestic and private use only.

1.2 Why you should read them.

Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are.

We are Lewmar Limited a company registered in England and Wales. Our company registration number is 00620277 and our registered office is at Southmoor Lane, Havant, Hampshire, PO9 1JJ. Our registered VAT number is GB381006482.

2.2 How to contact us.

You can contact us by telephone (02392 481741) or by writing to us at orders@lewmar.com or Southmoor Lane, Havant, Hampshire, PO9 1JJ.

2.3 How we may contact you.

If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 "Writing" includes emails.

When we use the words "writing" or "written" in these terms, this includes emails.

3. OUR CONTRACT WITH YOU

3.1 How we will accept your order.

Our acceptance of your order will take place when we email you to confirm your order, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order.

If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the product.

3.3 Your order number.

We will assign an order number to your order and tell you what it is when we confirm your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.4 International delivery.

We deliver to destinations within the United Kingdom and to destinations outside of the United Kingdom. The destinations to which we deliver our products are described in the checkout process.

3.5 If you order Products from our site for delivery to a destination outside of the United Kingdom, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

3.6 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

3.7 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

4. OUR PRODUCTS

4.1 Age restriction. You may only purchase products from our website if you are at least 18 years of age.

4.2 Products may vary slightly from their pictures.

The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible however, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 2% tolerance.

4.3 Product packaging may vary.

The packaging of the product may vary from that shown on images on our website.

5. OUR RIGHTS TO MAKE CHANGES

5.1 Minor changes to the products. We may change the product: (a) to reflect changes in relevant laws and regulatory requirements; and (b) to implement minor technical adjustments and improvements.

5.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make the following changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before such changes take effect.

6. PROVIDING THE PRODUCTS

6.1 Delivery costs. The costs of delivery will be as displayed during the checkout process before you click ‘Confirm card details’.

6.2 When we will provide the products.

During the order process we will let you know when we will provide the products to you. If no specific date is provided, then we will deliver the products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.

6.3 We are not responsible for delays outside our control.

If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

6.4 If you are not at home when the product is delivered.

If no one is available at your address to take delivery and the products cannot be posted through your letterbox, you will be contacted informing you of how to rearrange delivery or collect the products from a local depot.

6.5 If you do not re-arrange delivery.

If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs.

6.6 Your legal rights if we deliver late.

You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply: (a) we have refused to deliver the products; or (b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances).

6.7 Setting a new deadline for delivery.

If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 6.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

6.8 Ending the contract for late delivery.

If you do choose to treat the contract as at an end for late delivery under clause 6.6 or clause 6.7, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 02392 471841 or email us at orders@lewmar.com for a return label or to arrange collection.

6.9 When you become responsible for the product.

The product will be your responsibility from the time we deliver the product to the address you gave us.

6.10 When you own goods.

You own a product which is goods once we have received payment in full.

7. YOUR RIGHTS TO END THE CONTRACT

7.1 Your right to end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract: (a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 9; (b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2; (c) If you have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;

7.2 Ending the contract because of something we have done or are going to do.

If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are: (a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 5.2); (b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed; (c) there is a risk that supply of the products may be significantly delayed because of events outside our control; or (d) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 6.6).

7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013).

For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

7.4 When you don't have the right to change your mind.

You do not have a right to change your mind in respect of Products which you have purchased, installed and cannot be removed safely without damage to the Product.

7.5 How long do I have to change my mind?

You have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.

8. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

8.1 Tell us you want to end the contract.

To end the contract with us, you can choose but do not have to use the form set out at the end of these terms which you can send to us by email or post. Alternatively, please let us know by doing one of the following: (a) Phone or email. Call customer services on 02392 471841 or email us at orders@lewmar.com. Please provide your name, home address, details of the order and, where available, your phone number and email address. (b) By post. Print off and complete the form (which can be found at the end of these terms) and post it to us at the address on the form. Or simply write to us at that address, including the information required in the form.

8.2 Returning products after ending the contract.

If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 02392 471841 or email us at orders@lewmar.com for a return number or to arrange collection. The return number must be clearly stated on the exterior or the product that you return. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

8.3 When we will pay the costs of return.

We will pay the costs of return: (a) if the products are faulty or misdescribed; (b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

8.4 What we charge for collection.

If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery.

8.5 How we will refund you.

We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

8.6 Deductions from refunds.

If you are exercising your right to change your mind: (a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. (b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

8.7 When your refund will be made.

We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then: (a) Your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. (b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind

9. IF THERE IS A PROBLEM WITH THE PRODUCT

9.1 How to tell us about problems.

If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 02392 471841 or write to us at orders@lewmar.com.

9.2 Summary of your legal rights.

We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.

9.3 Your obligation to return rejected products.

If you wish to exercise your legal rights to reject products you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 02392 471841 or email us at orders@lewmar.com for a return number or to arrange collection. The return number must be clearly stated on the exterior or the product that you return.

10. PRICE AND PAYMENT

10.1 Where to find the price for the product.

The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of product advised to you is correct. However please see clause 10.3 for what happens if we discover an error in the price of the product you order.

10.2 We will pass on changes in the rate of VAT.

If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

10.3 What happens if we got the price wrong?

It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than 7 our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

10.4 When you must pay and how you must pay.

We accept payment by VISA, MasterCard and PayPal. Please not that we are unable to accept payments by American Express. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

11.1 We are responsible to you for foreseeable loss and damage caused by us.

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

11.2 We are not liable for business losses.

We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12. HOW WE MAY USE YOUR PERSONAL INFORMATION

12.1 In the course of our dealings with you we will collect and process personal information about you, including to administer and process your order, and to provide the Products. Further information on the manner in which we process personal information is set out in our Privacy Policy, a copy of which is available on our website.

13. OTHER IMPORTANT TERMS

13.1 We may transfer this agreement to someone else.

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

13.2 You need our consent to transfer your rights to someone else.

You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

13.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to).

This contract is between you and us. No other person shall have any rights to enforce any of its terms.

13.4 If a court finds part of this contract illegal, the rest will continue in force.

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

13.5 Even if we delay in enforcing this contract, we can still enforce it later.

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

13.6 Which laws apply to this contract and where you may bring legal proceedings.

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

LEWMAR.COM TERMS AND CONDITIONS OF SALE (LEWMAR INC)

Thank you for visiting our website www.lewmar.com and reviewing these Terms of Sale. The purpose of these Terms of Sale is to inform you of our policies governing your purchase of merchandise from our Site. All references to “Lewmar,” “we,” “our,” and “us” in these terms refer to Lewmar Inc.

Orders and Purchasing

Lewmar reserves the right to refuse any order placed with us, for any reason, with or without notice to you. We may also limit quantities available per person, per household, or per order, including by cancelling or modifying an order that has already been submitted. Lewmar may enforce any such limitations by cross-referencing customer accounts, credit card numbers, and/or billing or shipping addresses. Lewmar reserves the right to limit or prohibit orders that, in its sole judgment and discretion, appear to be placed by dealers, resellers, and/or distributors.

Terms of payment are within Lewmar’s sole discretion. In order to purchase merchandise you may be required to provide complete and accurate personal information, including, without limitation, your name, address, telephone number, email address, credit or debit card information and shipping address. The Privacy Policy associated with this Site explains how such information is collected and used by Lewmar.

Your purchase is subject to limits established by your credit or debit card issuer. You must notify Lewmar immediately of any change in your credit or debit card information, including any change to your home address. Once your order is placed, and your debit or credit card is charged for your purchase our systems will send you an email confirmation. An email is also sent when we finish processing your order. Due to weekends and holidays if you place an order after our order processing deadline you may experience a delay between your shipping confirmation email and the actual shipment of your order. You must pay all amounts accrued in your account, including sales tax and shipping and handling charges, when due. Lewmar may, in its sole discretion, decline service to or terminate any account. By purchasing any merchandise from the Site or any other products offered via the Site, you acknowledge and agree that your credit or debit card is being charged by the payment processor of Lewmar or its vendor (the operator of such product or service).

Sales Tax

For certain purchases of merchandise Lewmar may be required to collect sales tax. In states or regions that impose sales or use tax, a purchase is subject to tax unless specifically exempt. Purchases from the Lemar’s Site are not exempt from sales or use taxes simply because they are made from the Internet or because Lewmar may not be required to collect sales or use tax by any particular state or region. Whether any sales tax will be collected on a given purchase and the amount of tax charged depends on a number of factors. You are responsible for any applicable taxes not collected by Lewmar and certain states require purchasers to file a sales/use tax return annually reporting taxable purchases that were not taxed and to pay such tax. For details, see the website of, or otherwise contact, the applicable taxing authority. If any sales tax will be collected directly by Lewmar in connection with a purchase that amount will be shown either prior to the completion of any purchase or reflected in the final confirmation of that purchase.

Shipping and Handling Charges

The cost of shipping and handling will be determined by the weight of the total of merchandise purchased. Backordered items will be shipped separately as soon as they become available, at no extra cost. We may occasionally offer special promotions for free or discounted shipping. These promotions have strict eligibility requirements. The time frame for the shipment method you selected will begin when the carrier picks it up for delivery. The risk of loss and title for such items passes to you upon our delivery to the carrier. Please allow 1-2 business days for order processing and verification. We are not responsible for any lost, stolen, or damaged shipments. You assume all liabilities related to shipped orders.

Limited Warranty and Key Terms of Supply by Lewmar

Lewmar warrants that in normal usage and with proper maintenance its products will conform with their specifications for a period of three (3) years from the date of purchase by the end user, subject to conditions, limitations and exceptions listed below. Any product which prove to be defective in normal usage during that three (3) year period, will be repaired or, at Lewmar’s option, replaced by Lewmar.

Conditions and Limitations of Warranty

I. Lewmar’s liability shall be limited to the repair or replacement of any parts of the product which are defective in materials or workmanship.

II. Responsibility for the selection of products appropriate for the use intended by you and shall rest solely with you and Lewmar accepts no responsibility for any such selection.

III. Lewmar shall not be liable in any way for product failure, or any resulting loss or damage which arises from:

a) Use of a product in an application for which it was not designed or intended;

b) Corrosion, ultra violet degradation or wear and tear;

c) A failure to service or maintain the product in accordance with Lewmar’s recommendations;

d) Faulty or deficient installation of the product (unless conducted by Lewmar);

e) any modification or alteration of the product; or

f) Conditions that exceed the product’s performance specifications or safe work loadings.

IV. Product subject to warranty claim must be returned to the Lewmar outlet which supplied the product for examinations unless otherwise agreed by Lewmar in writing.

V. This warranty does not cover any incidental costs incurred for the investigation, removal, carriage, transport, or installation of a product.

VI. Service by anyone other than authorized Lewmar representatives shall void this warranty unless it accords with Lewmar guidelines and standards of workmanship.

VII. Lewmar’s products are intended for use only in the marine environment. Buyers intending to use them for any other purpose should seek independent professional as their suitability. Lewmar accepts no liability arising from such other use.

Exception to Warranty

Coverage under this warranty is limited to a period of one (1) year from the date of purchase by the end user in the case of any of the following products or parts of products:

 Electric motors and associated electrical equipment;

 Electronic controls;

 Hydraulic pumps, valves, and actuators;

 Weather seals; and

 Products used in “Grand Prix” racing applications.

Liability Under Warranty

I. Lewmar’s ability under this warranty shall be to the exclusion of all other warranties or liabilities (to the extent permitted by law). In particular (but without limitation):

a. Lewmar shall not be liable for:

 Any loss of anticipated turnover or profit or indirect, consequential or economic loss;

 Damages, costs or expenses payable to any third party;

 Any damage to yachts or equipment; or

 Death or personal injury (unless caused by Lewmar’s negligence).

b. Lewmar grants no other warranties regarding the fitness for purpose use, nature or satisfactory quality of the products.

II. Where applicable law does not permit a statutory or implied warranty to be excluded, then such warranty, if permitted by the end user. Some states and countries do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you.

Procedure for Warranty

Notice of a claim for service under this warranty shall be made promptly and in writing by the end user to the Lewmar outlet which supplied the product or to Lewmar Inc., located at 351 New Whitfield Street, Guilford, CT 06475.

Return Policy

ALL SALES ARE FINAL. LEWMAR WILL NOT PROVIDE REFUNDS OR CREDIT FOR ANY MERCHANDISE PURCHASED ON THE SITE. WE DO NOT ACCEPT BACK ANY MERCHANDISE. Without limiting the foregoing, Lewmar may provide a refund or credit for any merchandise that was purchased which was damaged or defective. We do our best to ensure that your packages arrive safely and undamaged. Unfortunately, accidents occasionally happen during shipping. If your order arrives damaged or is defective we want to address this problem as soon as possible. Please contact us immediately at ordersusa.lewmar.com and include (i) your order number; (ii) the name of the product you received damaged or defective; and (iii) whether you prefer a refund or a replacement order. We will respond to your message as quickly as we can. In the meantime, please do not throw away your receipt, the original packaging, any other documentation that was included in the shipment or the damaged/defective items. We may ask you to send them back to us (at our expense), or we may ask you to dispose of the items appropriately.

Product Descriptions

Lewmar attempts to be as accurate as possible in the Site’s description of its merchandise. However, Lewmar does not warrant that the product descriptions or other content of any Site is accurate, complete, reliable, current, or error-free.

Pricing

Except where noted otherwise, the price of the item displayed for each product on the Site represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere.

Security

We have industry standards in place to keep your financial information private and safe. All credit card transactions occur in a secure area of our site, to protect you from any loss, misuse or alteration of information collected. If you have additional questions regarding security at Lewmar, please e-mail us at ordersusa@lewmar.com.