Terms & Conditions
Hovercraft for commercial, leisure, military and rescue applications. We supply more hovercraft than any other manufacturer!
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Terms & Conditions
Reaction International Ltd. Reg in: England & Wales Reg No. 4132578
1.0 Definitions:
In the following Terms and Conditions of Trade:
"Reaction” means "Reaction International Ltd”
"Customer" means any commercial entity and its related subsidiaries, government departments or individuals entering into agreement or contract with Reaction International Ltd
"Delivery" means collections of the products from the Reaction International Ltd’s premises for the customer, or by the agents on behalf of the customer.
"Loss" means any loss, liability, damage, expense or costs whatsoever and includes indirect or consequential loss or damages or loss of profits.
2.0 Payment Terms:
2.1 All accounts are payable before delivery.
2.2 Where payment is not received in accordance with (2.1) above the Customer agrees that Reaction International Ltd shall have the right to invoice and the Customer will pay late payment charges amounting to 5% per month on all monies outstanding.
2.3 Payment terms are: A non-refundable deposit at order initiates our manufacturing process and confirms the craft in our build program. A full non-refundable 30% deposit (which may be paid in instalments up to the 30% of order value) initiates hull ordering & a further 40% non-refundable deposit at engine order is required with the balance payable before shipment from the factory in the UK. Where craft have been ordered and/or deposits paid Reaction International Ltd reserve the right to move the craft to the back of the build queue should the further payment be delayed beyond 2 weeks of the request for payment. Where craft have been paid for but not shipped by the customer we reserve the right after 2 weeks to return the order to the back of the build queue and remanufacture the craft
2.4 Should it become necessary for Reaction International Ltd to institute legal action for recovery of any amounts due to it by the Customer, then the Customer specifically acknowledges and agrees that it shall be liable to Reaction International Ltd on demand for all legal and debt recovery costs incurred by Reaction International Ltd in recovery of such amounts.
2.5 Export VAT (Tax) applies only in UK, and in the European Community where customers do not have a registered EU VAT number. Outside the European Community EEC, VAT does not apply. If you ship to Europe and do not have a VAT number, or provide us with an incorrect one, by law, we have to charge VAT at UK rate.
3.0 Title of Goods and Risks:
3.1 Products are supplied ex works and risk in the products purchased, pass to the customer on an ex works basis.
3.2 All goods shall remain the property of Reaction International Ltd until paid for in full and until funds are cleared. Title and interest of the products pass to the Customer only upon payment in full of the tax invoice. Failure to make the full payment on time, or within alternative time agreed upon written notice, entitles Reaction International Ltd to repossess the products and for that purpose also entitles Reaction International Ltd to enter the Customer's premises.
3.3 Any lien to which Reaction International Ltd may be statute or otherwise be entitled to, Reaction International Ltd shall, in the event of the Customer failing to pay any outstanding account by the Customer to Reaction International Ltd or the Customer entering into any scheme of arrangement with its creditors or going into receivership or liquidation, be entitled to a general lien on all property or products belonging to the Customer in Reaction International Ltd’s possession for the unpaid price of any other products sold and delivered to the Customer under this or any other contract.
4.0 Price/Price Variations:
4.1 Prices are as specified on Reaction International Ltd’s current price list. Prices other than quotes or pro-forma invoices are subject to change without notice. Reaction International Ltd shall endeavour to provide as much advance notice as possible of forthcoming price changes. Reaction International Ltd reserves the right without notice to alter the price of goods due to circumstances beyond its control including but not limited to taxes, duties, freight charges, exchange rate fluctuations and increases in cost of labour or materials.
4.2 All quotes and pro-forma invoices are valid for 30 days. We reserve the right to issue a quote in the event of any error or omissions in quotes or other pricing information.
4.3 If paying by card or other online service such as Pay Pal or via bank transfer the final amount we receive may be less than the requested amount you will pay due to deductions made by the processing service/bank. Where the amount received is less than requested we reserve the right to add the amount owing to the final amount requested or request payment via an additional invoice.
5.0 Freight & Delivery:
5.1 All delivery is ex works factory, Southampton UK unless otherwise stated. Freight will be arranged by Reaction International Ltd at customer's cost, with Reaction International Ltd’s preferred carriers unless stipulated by the customer.
5.2 Dates and times quoted for delivery and, or installation of products or the provision of services are estimates only and Reaction International Ltd shall not be liable for any loss or damage howsoever arising as a result of whatsoever nature which are beyond Reaction International Ltd’s direct or indirect control.
5.3 Risk of loss or damages to the products will pass to the Customer on and from the delivery time.
5.4 The Customer shall not be relieved of any obligation to pay for products or services by reason of any delay in delivery dispatch or performance.
6.0 Insurance:
6.1 All freight consignments to be insured by the customer, and at their risk.
6.2 It is recommended that the customer also take out adequate insurance to cover the operation of the Hov Pod, and to safeguard against fire, theft and any liability arising from use.
7.0 Warranty:
7.1 In carrying out warranty work Reaction International Ltd may appoint a 3rd party to carry out warranty assessment &/or work associated to the warranty claim. This 3rd party may be a specialist contractor or appointed mechanic/engineer or appointed dealer/reseller/promoter or specialist consultant or inspection body or our suppliers. Where we have appointed a 3rd party all warranty work must be approved by Reaction International Ltd directly to the customer before the 3rd party undertakes warranty assessment or work. The validity of a warranty claim will be based on our knowledge of the craft & the information supplied to us and our assessment about the craft, its use, maintenance, servicing and operating conditions. Parts replicable under warranty shall only be replaced, repaired or refunded on return of the parts for inspection or analysis to Reaction International Ltd or a 3rd party as nominated above, and in all cases only after Reaction International Ltd have given final confirmation to the customer that the work can be carried out by the 3rd party. If new parts have been sent in advance of returning warranty parts then failure to return the warranty parts to Reaction International ltd, or parts deemed not to have failed under warranty will result in an invoice for an equivalent amount and any labour charges being raised.
7.2 It is entirely at the discretion of Reaction International Ltd to either replace, repair or refund the faulty products.
7.3 Customer acknowledges that it has not relied upon any statement by Reaction International Ltd in respect of the Customer's purpose for utilisation of the purchased product/s or services and that Reaction International Ltd is not responsible or liable for the failure of the product/s to perform the purposes required by the Customer.
7.4 In no event shall Reaction International Ltd be liable for special, indirect, incidental or consequential damages or losses such as, but not limited to the manufacture, use, delivery (including late delivery), or transportation of any equipment, part or component sold to the customer. Reaction International Ltd shall not be liable for losses or the cost of capital, cost of substitute apparatus, loss of profit or revenue, the cost of fuel, whether purchased or produced by the consumer thereof, loss, abuse of the equipment or any part thereof or loss or damage to any other property owned by Customer. Customer shall full indemnify and hold harmless Reaction International Ltd from loss or damage arising from claims or causes of action brought by dealer/promoter/reseller, customer or customers. In addition, Reaction International Ltd shall not be liable for any losses or damages from any cause and arising from materials processed in the equipment sold hereunder.
7.5 The Hov Pod warranty is for 12 months from date of shipment, excluding the engine, which is covered under the engine manufacturers own warranty.
7.6 Wear in use. The nature of use means that Hovercraft are of lightweight construction but also operate in very harsh conditions. Hovercraft throw up all sorts of debris when operating on water, sand, dirt, mud, ice etc. Even when new small stones and water in small quantities can cause damage to components and/or lead to increased wear rate of parts. Hovercraft utilise high-speed rotating parts and by nature of design have vibrating parts. The fan & drive assembly can also become damaged due to minor damage and/or wear. Hovercraft vibrate, shake, wear-down and parts can become loose, stressed and damaged. Because of this parts can wear or degrade quickly & some parts are therefore consumable items and subject to wear or damage in the normal course of use, and are therefore not covered by the warranty on the craft. These consumable and wear items include but are not excluded to parts such as batteries, skid plates, wear pads, skirt sections, drive pulleys, bearing blocks, radiators, water pumps, main drive belt, fan blades, prop shaft couplings, drive pulley, drive hub, bumper strips, exhaust systems, air filters, fuel filters, spark plugs, steering and throttle cables. Damage to the craft that arises as a consequence of consumable or wear part failure may also be excluded, where/when they damage or impact upon the performance of the craft and dependent sub-systems.
7.7 Due to the harsh nature of use & ongoing weardown & vibrations in use the minimisation of wear/damage/failure is highly dependant on regular inspections, good servicing & correct maintenance. As detailed in the operator manual the customer is advised to maintain the craft in good condition, inspect for wear or cracks or loose parts and/or any signs of wear and operational damage, especially where if unchecked, this could lead to part failure or malfunctioning.
7.8 All parts requested by a customer or through a 3rd party on the customers behalf either as a result of a warranty or for normal routine maintenance will be sent out by normal surface mail. If the part is required urgently the cost of this will be the responsibility of the customer.
7.9 You may have purchased this product directly or in a region where a dealer/promoter/reseller or technical representative is not available or no longer operates. In these circumstances we will seek to locate a suitable 3rd party to undertake warranty assessment &/or work. If you have a recommended contact or someone you would prefer to undertake the work then please inform us so we may firstly assess their suitability/knowledge and secondly, if suitable pass on relevant technical information and/or parts as per the warranty claim process.
7.10 Where the nominated 3rd party is recommended to &/or nominated by Reaction International Ltd to undertake work, the rate and time for work will be conducted at a reasonable market rate approved by Reaction International Ltd and all work job time estimates will be based on Reaction Internationals ltd assessment of the job complexity.
8.0 Customer's Responsibilities:
8.1 The cost of normal maintenance and depreciation.
8.2 Consequences of negligence, misuse, impact or accident involving the Hov Pod, or improper application, or storage of the Hov Pod. Consequences of incorrect operation of the craft and/or the failure to follow guidelines, recommendations and instructions.
8.3 Consequences of service performed by someone other than a party authorized to perform warranty service, if such service has adversely affected the performance or reliability of the Hov Pod.
8.4 Consequences of any modification or alteration of the Hov Pod or use of parts not approved by Reaction International Ltd or instillation/customisation/modification of parts/systems used outside the design parameters &/or not designed &/or fitted by Reaction International Ltd.
8.5 Any premium for overtime labour requested by the purchaser.
8.6 Costs of transporting the Hov Pod to and from the location at which the warranty service is performed, or costs of 3rd party service staff to travel to the Hov Pod’s location for warranty service.
8.7 Costs incurred in gaining access to the Hov Pod; i.e., overcoming physical barriers such as walls, fences, floors, decks or similar structures impeding access to it, rental of cranes or similar, or construction of ramps or lifts or protective structures for the Hov Pod removal and reinstallation.
8.8 Incidental travel costs including tolls, meals, lodging, and similar.
8.9 Service outlet costs incurred in solving or attempting to solve non-warrantable problems.
8.10 Services performed by a party other than an authorized Reaction International Ltd 3rd party service staff, unless required by law.
8.11 Charges for initial Hov Pod start-up and inspection, deemed unnecessary by Reaction International Ltd when operation and maintenance guidelines supplied with the Hov Pod are followed.
8.12 Costs of interpreting or translating services.
8.13 We recommend that customers attend our operator and technical training courses that we offer to ensure good servicing/maintenance & the safe operation of their Hov Pod craft.
8.14 Regulations in all countries are constantly being revised and changing. Therefore at all times in all countries local & national laws & regulations in any country where craft will be used appertaining to use, operation and manufacture/construction/safety standards for hovercraft are the customer responsibility. It is the purchaser and/or end users responsibility to ensure the craft meets all local and national regulations and compliance requirements.
9.0 Promoters, Resellers, Dealers & Affiliates:
9.1 .All promoters, resellers, dealers and affiliates should further conform to the requirements as laid out within the Hov Pod dealer/promoter/reseller manual which is available from Reaction International Ltd on request.
10.0 Waiver:
10.1 Failure by Reaction International Ltd to insist upon strict performance of any terms or conditions herein shall not be deemed a waiver of any rights Reaction International Ltd may have, or a waiver of any subsequent breach of any Policy or Conditions of Trade.
11.0 Other:
11.1 Law Applicable. These conditions shall be governed in accordance with English law and all disputes arising in connection therewith shall be submitted to the jurisdiction of the English courts.
11.2 With the advent of the Internet and e-marketing many affiliates, dealer, promoter, resellers and sub dealers for the Hov Pod exist around the world. Some of these web sites are now old and the information, pricing, specifications may be out of date. Reaction International Ltd are not responsible for these sites. Interest for the Hov pod may have come through these sites but the where the customers is now dealing direct with Reaction International Ltd it is the purchasers responsibility to check with Reaction International Ltd before purchase all final information, specifications and prices.
11.3 Performance/specification/operational information are estimates and will vary from craft to craft and with different operating conditions, surfaces (e.g. grass type/length), loading, trim and other factors outside our control
11.4 All specifications are subject to change without notice. Reaction International Ltd reserves the right to make changes to the specifications of the products shown, in accordance with their product research and development programme.
11.5 Hov Pod is a trademark of Reaction International Ltd.
11.6 All Text and Images are Copyright © Reaction International Ltd.