Storm Force Marine Limited (SFM) Terms and Conditions
1. The following terms and conditions of sale (these “Terms and Conditions”) shall apply to the sale of the products (the “Products”) specified in an Acknowledgement of Order Form and related documents issued by SFM in relation to a Purchase Order Form received by SFM from the party desiring to purchase the Products (the “Purchaser”). The term “Products” shall, where appropriate, include written documentation in relation to the Products. The Purchaser specifically agrees to purchase the Products in accordance with these Terms and Conditions.
2. These Terms and Conditions shall prevail at all times over any terms and conditions of purchase proposed by the Purchaser (including, without limitation, any terms and conditions set forth in any Purchase Order Form issued by the Purchaser), notwithstanding anything to the contrary therein, except in the event that SFM and the Purchaser have entered into a separate general agreement, which specifically provides that the terms of such an Agreement shall prevail over these Terms and Conditions.
3. Ordering the products: The Purchaser shall order or purchase the products by either:
- The Purchaser can verbally inform SFM of a desire to purchase or place an order either by being physically present in the SFM offices, by email or by telephone.
- Issuing a written Purchase Order Form containing terms and conditions approved in advance by SFM.
- Ordering through the Website: Information contained in this Website constitutes an invitation to treat only, which shall not be regarded as an offer by us to supply any Products.
The Purchaser shall, in respect of each order for the Products:
(a) ensure the accuracy of the order;
(b) provide SFM with any information which is necessary in order to enable SFM to fulfill the order and to comply with all labeling and other applicable legal requirements in the territory in which the Products will be sold by the Purchaser; and
(c) obtain any necessary licences or other requisite documents for the resale of the Products in the Territory.
To acknowledge your order, SFM will issue an Oder Acknowledgement Form to which these Terms and Conditions apply and to which the Purchaser must confirm his agreement and arrange full payment. The order will not be deemed as accepted until the Order Acknowledgement Form contents have been confirmed by the Purchaser and SFM has received payment in full for the order.
The order you placed with us will be your offer to us to purchase/redeem the Products as indicated in your order or in your agreed Order Acknowledgement Form. Once you have placed the order with us, you shall, to the fullest extent permitted by the applicable law, neither cancel nor vary the order howsoever. We shall have sole and absolute discretion to accept or decline any or all parts of your order without giving any reason. SFM will not be held liable for any error in the order either as stated by the Purchaser or within the Order Acknowledgement Form.
4. Price and Payment:
Unless otherwise stated, all pricing is in HKD and is quoted ex-warehouse HK (INCOTERMS 2010 EXW HongKong Warehouse). Hong Kong has no sales taxes, any additional tax or duty obligations may vary based on which country the Product is sold into and are entirely at the Purchaser’s expense and risk.
SFM reserves the right to change prices and specifications at any time, but if at all possible will endeavour to provide 14 days’ notice.
SFM must receive payment in full with order. If payment is by bank transfer, that must include all bank charges, including receiving bank charges. Any payment is only deemed to have been received by SFM once it is classed as cleared funds.
Online webshop payment must be made by using the payment gateway provided and the accepted payment methods as declared thereby.
You agree to pay for every order made under your login account or credit card and agree to indemnify us for any claims, losses and damages whatsoever arising from the actions of any person placing any order for the Products using your login account or credit card. You shall be responsible for notifying your bank of and be liable for any changes to your record, or loss, theft or unauthorized use of your credit card.
5. Collection and Delivery of the Product
SFM will notify the Purchaser once an order or Product is available to collect. Product may be collected in SFM working hours directly from SFM warehouse or other SFM designated centre.
Any estimated product availability and shipment date given at the time of purchasing may be subject to change. SFM shall use its reasonable endeavours to deliver the Products to the Purchaser in accordance with the estimated delivery dates set forth in the Acknowledgement of Order Form or stated online or in related documentation. However time of delivery shall not be of the essence, and accordingly, SFM shall have no liability to the Purchaser if, notwithstanding such endeavours, there is any delay in delivery.
Unless otherwise explicitly stated, the cost of any delivery of items will be in addition and at the expense of the Purchaser. Any local declaration or tax liabilities for shipments outside of Hong Kong are the sole responsibility of the Purchaser.
Mis-delivery and unsuccessful delivery: We shall be deemed to have properly performed all obligations under the contract upon delivery, and the Products delivered shall be deemed to be correct and of satisfactory quality. Any inconsistencies found on SFM invoices or incorrect deliveries received from SFM must be reported to SFM within 7 days of the date you receive the product, any such notifications after 7 days may not be considered. In the case of unsuccessful delivery where SFM is arranging the delivery on the Purchaser’s behalf, SFM will send the Purchaser an email after two delivery attempts to arrange for re-delivery. If SFM does not hear from the Purchaser within three working days to arrange re-delivery or if re-delivery is still unsuccessful, the relevant products of the order will be considered as cancelled and the Purchaser will be subject to a 25% restocking fee.
If the Purchaser fails to collect the items from SFM premises or otherwise organise collection/delivery of the Product within 30 days of notification by SFM that they are ready to collect, or if the Purchaser fails to give us adequate or accurate delivery instructions, then, without prejudice to any other rights or remedies available to us, we may at our sole and absolute discretion (i) store the Products until actual delivery and charge you for reasonable costs incurred (including insurance and storage expenses); or (ii) charge you for any additional expenses incurred by us as a result of inadequacy or inaccuracy of Order information or your failure to take delivery; (iii) deal with the uncollected Products by any means without any obligation or responsibility to you; (iv) authorize our designated delivery or storage service provider to deal with the Products in accordance to the delivery and storage procedures adopted by such service provider without any compensation to you (including without limitation any additional storage or delivery fees charged by such service provider which arise from your delayed collection of Products).
Title to any order or Products purchased shall not pass to the Purchaser until SFM has received payment in full of the price therefor and the Purchaser has either collected the or once the goods have been collected from SFM premises for delivery. Until such title transfer has been achieved, SFM shall have the right to repossess and resell the Products. The Purchaser shall be liable for any damages or costs arising from such repossession and resale by SFM. If the Purchaser disposes of the Products prior to payment to SFM, the Purchaser shall hold the proceeds of such disposal upon trust for SFM and shall be accountable for such proceeds to SFM.
Risk of loss of or damage to any order of the Products shall pass to the Purchaser from the time of collection of the Product from SFM premises. In the event that the Products are damaged during or after delivery but before title passes to the Purchaser, the Purchaser shall be liable for such damages.
6. Returns and Exchange Policy – This is stated in our Storm Force Marine Ltd (SFM) Returns Policy as listed on this website and the terms and conditions as listed therein shall form a part of these Terms and Conditions.
7. Warranty Claims: Any warranty claims will be treated by SFM in accordance with the Product manufacturer’s warranty policy. SFM is not liable for any warranty claims or terms and conditions, these are solely at the discretion of the manufacturer of the Product. For SFM to consider any warranty claim, the Product must have been bough from SFM, returned to SFM premises at the Purchaser’s own cost and the Purchaser must product the relevant receipt/invoice as proof of purchase. Any damage to the product or cost incurred during the freight or return of the Product to SFM is solely the responsibility of the Purchaser. In order to process the warranty claim, the Purchaser should contact SFM directly to arrange the best location for delivery of the Product must be one of SFM’s designated locations. At SFM’s discretion, SFM may endeavour to assist the Purchaser with any warranty claims by inspecting the product and liaising with the manufacturer on the Purchaser’s behalf. If the warranty claim is successful, SFM will contact the Purchaser to agree a form of replacement or recompense. Any goods replacement will be treated as a new order from the Purchaser and so the standard Terms and Conditions will apply in that the Purchaser will be responsible for collecting or to arrange delivery of the replacement goods once available.
Any warranty decision will be solely at the discretion of the manufacturer of the Product concerned and SFM will not be held liable for any warranty claims that are refused. Any other conditions related to warranty claims are stated in the Storm Force Marine Ltd (SFM) Returns Policy as as such form a part of these Terms and Conditions.
8. All intellectual property rights of SFM including but not limited to the trademarks, service mark and logos etc. shall belong to SFM absolutely. Nothing in the Purchase Order Form, the Acknowledgement of Order Form and these Terms and Conditions shall be construed as granting, by implication or otherwise, any licence or right to the Purchaser to use any intellectual property rights of SFM without the prior written approval of SFM.
9. Neither party shall be liable for any delay or failure to comply with its obligations hereunder if such failure is due to any cause beyond its reasonable control, including, without limiting the generality thereof, acts of God, acts of civil or military authority, labour disputes, failure or delay of SFM’s suppliers, fire, riots, civil commotion, sabotage, war, embargo, blockage, boycotts, floods, epidemics, delays in transportation, or governmental restrictions, of which it has notified the other party, and the time for performance of such obligations shall be extended accordingly. If the situation in question prevails for a continuous period in excess of three months, the parties shall enter into bona fide discussions with a view to alleviating its effects, or to agreeing upon such alternative arrangements as may be fair and reasonable.
10. The Purchaser shall bear the risk and be responsible for all damage, injury or loss, (including consequential loss, injury or damage) arising directly or indirectly out of or in connection with the service, delivery, installation or use of the Products.
12. This Agreement shall be governed by, and construed in accordance with, the laws of the Special Administrative Region of Hong Kong. The parties hereby irrevocably submit to the non-exclusive jurisdiction of the courts of Hong Kong in relation to any legal proceedings arising out of or in connection with this Agreement, and waive any objection to proceedings in any such courts on the grounds that such proceedings have been brought in an inconvenient forum.
18. These printed standard Terms and Conditions (together with any special conditions set out below) contains the entire agreement between SFM and the Purchaser and may be modified or amended by SFM unilaterally without prior notice to the Purchaser. These Terms and Conditions shall not be modified or amended by the Purchaser without the prior written consent of SFM.
19. The Chinese version of these Terms and Conditions of Sale is available on this website. In case of discrepancy between the two versions, or any other versions in other languages, the English version shall prevail.