When buying from Cactus, you have the reassurance of dealing with a business that has been around for a long time. We take customer service very seriously, so our Terms and Conditions are in plain English and arenít overloaded with legal terminology.
In addition to this, we adhere to Distance selling regulations, Selling & Goods Act, Anti-Corruption, Health & Safety and Environmental Regulations.
WHEN YOU GET YOUR ORDER
As soon as you get your goods, check them carefully, make sure:-
- Part numbers on boxes match the delivery note and what you ordered.
- Open the boxes and check there is no damage and everything is in perfect condition.
- Check interface cables, transducers and accessories all fit together.
- Read the manuals to make sure you have ordered the correct items and accessories BEFORE you start fitting them to your boat.
YOU MUST LET US KNOW WITHIN 14 DAYS IF ANYTHING IS WRONG, SO WE CAN PUT IT RIGHT.
THEREFORE, PLEASE DONíT PUT THE GOODS TO ONE SIDE OR HAND THEM OVER TO A BOAT YARD / ENGINEER WITHOUT CHECKING THEM.
NEVER TAKE ITEMS BACK UNLESS YOU HAVE IMFORMED US WITHIN 14 DAYS.
Our Terms of Business do not exclude our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or sub-contractors. Neither will it exclude fraud or fraudulent misrepresentation; it would be illegal for us to attempt to exclude liability.
there are circumstances out of our control (such as extreme weather conditions, or the actions of third parties that we did not employ) during which loss or damage could occur to the vessel, gear or equipment. In these instances, we cannot be held liable for any loss or damage that may occur.
PRICES AND ESTIMATES
It is our desire to make our prices as clear and transparent as possible. Therefore all our installation quotations are based on the labour and materials expended and the services provided. We do not try to mislead or confuse, all invoices have a clear breakdown of costs, equipment and materials.
We will always exercise reasonable skill and judgment when we give an estimate or indication of price. However, estimates are reliant on the accuracy of information that you the customer have provided us with, and occasionally we understand there could be details missed. In these circumstances, a revised estimate would need to be issued to include any further items necessary to complete an installation.
Our delivery times are given in good faith based on dates provided by our suppliers but unfortunately, these canít always be guaranteed. In the regrettable instance where there is a delay in supply, we canít be held responsible for the delay or itís consequences, unless it is due to our own negligence. Obviously if equipment is late beyond the date we originally indicated, you are free to cancel and have a full refund of any monies paid.
We will require security of payment on all orders placed, unless there is an agreed credit facility in place. Please note we only give credit to bona fide marine Trade Customers. If a retail customer has purchased equipment or gear that requires installation, we still require credit or debit card details at the time the order is placed, even if the ultimate means of payment is by bank transfer or some other means.
Equipment will need to be paid for in full before we can allow it to be dispatched. If the value of the equipment is deemed too large or the customer wishes to pay by transfer or cheque, we must have all funds cleared before any goods can leave our warehouse.
RETENTION OF TITLE / RISK
Goods will officially still be our property until full payment has been received. Once we have supplied the goods to you the customer, responsibility passes from us to you.
All retail customers (those that are not Trade Customers) are protected by some or all of the consumer protection legislation in force in the United Kingdom, which may be obtained from any local Trading Standards Office, the Citizens Advice Bureau, the Office of Fair Trading or any firm of solicitors (who may charge). We also have copies on our website.
All retail customers have certain minimum statutory rights regarding the return of defective goods and claims for losses. These rights are not affected by these terms.
We will require that you contact us promptly if there is any fault/damage/problem so that we have adequate time to properly address it. Any remedial work that you undertake or have done without our notification can invalidate the guarantee so we ask that you wait for our input.
PERFORMANCE AND FITNESS FOR PURPOSE
Unless any performance figures, tolerances or characteristics have been specifically warranted by a director of the Company in writing, Cactus accepts no liability for any failure of Equipment to comply with such criteria.
The responsibility for ensuring that equipment is suitable for a particular purpose is the Customer's, unless specifically stated in writing by a director of the Company. We always try to give accurate information based on manufacturers spec, however, advice or recommendation given by an employee which is not confirmed in writing is entirely at the Customer's risk.
If there is a misunderstanding between what equipment will do or what equipment supplied is compatible with, we will always help put it right, however, you must let us know immediately.
When ordering over the telephone you should give us plenty of information about the vessel, as well as the intended use of the equipment. Even if the purpose of the call is just a price enquiry, this information allows us to ensure that the correct product is being purchased.
We cannot guarantee the performance and features of equipment sold that is dependant on interfacing successfully to legacy equipment onboard.
The manufacturers that we deal with, are constantly improving and updating the specifications of the goods that we sell. Therefore we cannot always guarantee that our website will be accurate; there will sometimes be errors and emissions when we have not been informed about the updated specifications. When ordering accessories or electronic charts, please check compatibility with us before ordering. Formats and specifications change all the time, so it is worth double-checking even if you think you know what is needed. This will avoid the trouble and expensive returning of items that were incorrectly ordered.
DISTANCE SELLING REGULATIONS
Most items that we sell are covered by Distance Selling Regulations. Weíre more than happy to accommodate reasonable requests, however it is important to note equipment that is not covered, such as custom made bracketry and accessories; any item that has been custom made for the customer or electronic charts programmed for the customer at the point of purchase.
If it is an out-of-box failure as supplied then the unit comes back to us, we can generally provide an immediate warranty replacement (if the unit is in stock). If the item is not in stock and/or itís more than 14 days after purchase, then the equipment must go back to the manufacturer. This will always be undertaken with the upmost speed and haste; however delays of up to three weeks can occur at peak sales times.
CONDITIONS OF USE
To ensure maximum performance from equipment, it must be used in accordance with the manufacturerís guidelines, for its intended purpose. It is of course only reasonable that we do not warranty equipment that has failed due to abuse, poor maintenance or use for purposes other than what is intended.
It should be remembered that Cactus is not the manufacturer of the products that we sell. Whilst we work hard to ensure that product information on our website is correct, the actual product may differ from the information that we have displayed. All information about the products we sell is provided for guide purposes only. We recommend that the customer does not solely rely on the information provided on the site.
We want to avoid any dispute with our customers at all costs, but in the unlikely event that there is a dispute, it is recommended that these disputes are mediated and solved under the BMFís dispute resolution scheme.
Details of the Scheme are available at www.britishmarine.co.uk/drs.