Terms of Use

By using the Tropical Marine Centre website you agree to the following Terms of Use:

1. You may not reproduce or distribute, or cause to be reproduced or distributed, any image or material that you retrieve from the website, without the express prior permission of Tropical Marine Centre.  This includes images that are marked with an embossed copyright notice or any image or video without the copyright mark which has clearly been taken from this website.
2. You may link to Tropical Marine Centre website pages in their entirety but you must make it clear that you are linking to Tropical Marine Centre website material.
3. You may not use any linking or Tropical Marine Centre website content pages to advertise livestock that has not been supplied by Tropical Marine Centre.
4. We are happy to discuss usage of our images and, under some circumstances, might allow usage for research and/or educational projects.
5. If you would like to display Tropical Marine Centre website livestock images, video or other content on your website to promote stocked livestock that you have purchased from Tropical Marine Centre then please email INFO@TROPICALMARINECENTRE.CO.UK
6. Products manufactured or distributed by Tropical Marine Centre can only be displayed on a website when the product is available and in stock at the time of advertising.
7. Tropical Marine Centre reserves the right to make a charge of £10 per day per image from the date of notification, for any usage of content published to the web without written permission or where any of the conditions above have been broken.  

Please note that livestock images, other than TMC Premium Livestock, are stock images and not of the actual items in stock. Livestock delivered on your order may appear slightly differently to the stock item image on our Dealer Portal and Website. These variations in colour and/or morphology may be as a result of being sourced from multiple geographical locations, be changing from juvenile to adult colouration, or be a Tank Bred variant. These natural variations are not under the control of TMC, and as such, TMC cannot be held liable for any consequence as a result.

These Terms of Use should be read in conjunction with our Privacy and Cookies Policy

Terms and Conditions

1.  Definitions 
   1.1. In these Conditions:- 
   “Seller” means Tropical Marine Centre Ltd (Company Number: 06804160) 
   “Buyer” means the buyer of Goods and/or Services from Seller "Conditions" means the terms and conditions of sale set out in this document (as amended from  time-to-time in accordance with Condition 14) and (unless the context otherwise  requires) includes any special terms and conditions agreed in writing between Seller and Buyer 
   "Livestock" means fish, invertebrates, rock and plants 
   "Dry Goods" means all Goods sold by Seller other than Livestock 
   "Goods" means Livestock and/or Dry Goods 
   Centre Group"means the Seller, Tropical Marine Centre (2012) Ltd (Company Number: 08293858)  
   "Tropical Marine  and Pet and Aquatics Properties Ltd (Company Number: 06830045) and all subsidiary  companies of such Companies (from time-to-time) as defined by Section 1159 of the  Companies Act 2006 
   Services means the services, including the Goods, supplier by Seller to Buyer as set out in  Buyer’s order for the Services
2. Basis of Sale 
   2.1. Except as otherwise expressly agreed in writing by Seller, these Conditions, as varied from time to time by Seller, shall  apply to all contracts between Seller and Buyer for the sale of Goods and/or supply of Services to the exclusion of any  terms which Buyer may seek to impose. These Conditions shall have effect in place of any other conditions which may  have been notified previously by Seller to Buyer. 
3.  Acceptance 
   3.1. No order submitted by Buyer shall be deemed to be accepted by Seller unless and until confirmed by acknowledgement  by Seller or by delivery of the Goods or performance of the Services. Any quotation by Seller and any price list published  by Seller may be varied, withdrawn or cancelled by Seller at any time prior to acceptance. A quotation for the Goods or  Services given by Seller shall not constitute an offer, and a quotation shall only be valid for a period of 20 business days from its date of issue.  
4. Prices 
   4.1. Seller's prices for the Goods and/or Services and (where appropriate) for packing and/or transporting the Goods shall  be Seller's list prices as amended from time-to-time or such other prices agreed in writing by Seller. The prices shall be  exclusive of VAT and all other taxes, tariffs, customs charges and other such costs, which Buyer shall be additionally  liable to pay at the rate prevailing at the time of delivery of the Goods or performance of the Services. 
5. Delivery 
   5.1. Delivery of the Goods shall be made by Buyer collecting the Goods from Seller's premises or, where Seller has agreed  to arrange transport of the Goods to Buyer, by delivering the Goods to the appointed carrier. 
   
   5.2. Dates quoted for delivery or performance are approximate only and may be altered by Seller according to demand for  its Goods and Services. Seller shall make reasonable efforts to adhere to dates for delivery and performance but such  dates are not to be treated as being of the essence. Seller shall not be liable for loss or damage which may result from  late delivery or performance. Seller shall be entitled to make additional charges in respect of costs incurred by Seller  arising from variations in Seller's standard delivery arrangements requested by Buyer, or if Buyer does not permit  delivery to take place when tendered. 
   
   5.3. If Seller fails to deliver the Goods (otherwise than as a result of a breach of these Conditions by Buyer), its liability shall  be limited to the provision of a credit note, or refund, for the price of the Goods within 7 days of the quoted delivery date.  Seller shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by an event  described in Condition 8 or Buyer’s failure to provide Seller with adequate delivery instructions or any other instructions  that are relevant to the supply of the Goods. 
   
   5.4. If 10 days after the day on which Seller notified Buyer that the Goods were ready for delivery Buyer has not taken  delivery of them, Seller may, without liability, resell or otherwise dispose of part or all of the Goods. 
6. Supply of Services 
   6.1. Seller shall supply the Services to Buyer in accordance with the order in all material respects.  
   
   6.2. Seller shall use all reasonable endeavours to meet any performance dates for the Services specified in the order, but  any such dates shall be estimates only and time shall not be of the essence for performance of the Services.  
   
   6.3. Seller reserves the right to amend the order if necessary to comply with any applicable law or regulatory requirement,  or if the amendment will not materially affect the nature or quality of the Services, and Seller shall notify Buyer in any  such event.  
   
   6.4. Seller warrants to Buyer that the Services will be provided using reasonable care and skill.  
7. Complaints and Liability 
   7.1. Any complaint concerning the condition of the Livestock must be notified to Seller in writing, otherwise than upon  consignment note or delivery documentation, within 24 hours of receipt of the Livestock by Buyer. Buyer acknowledges  that because of the nature of Livestock Seller cannot guarantee that the Livestock will survive transit. Accordingly, Seller  shall not be liable for any Livestock which does not survive transit to the Buyer's address. Any complaint of failure to  deliver Livestock invoiced by Seller must be notified to Seller within three days of Seller's invoice date. 
   
   7.2. Any complaint concerning the quality or condition of the Dry Goods must be notified to Seller in writing within 24 hours  of receipt of the Dry Goods by Buyer. The Dry Goods must be held by Buyer in a condition which causes no further loss  to them, for collection by Seller. Any complaint of failure to deliver Dry Goods invoiced by Seller must be notified to  Buyer within seven days of Seller’s invoice date. 
   
   7.3. Any complaint concerning the quality of the Services must be notified to Seller within 24 hours of their performance by  Seller. 
   
   7.4. Where complaint is notified to Seller in accordance with Condition 7.1, 7.2 or 7.3 and is accepted, Seller shall be entitled  at its sole discretion to replace the relevant Goods or (where appropriate) make good the shortfall and/or re-perform the  relevant Services or at Seller's option (if already paid) to refund to Buyer the price of the defective Goods and/or Services  or the shortfall. Seller shall have no further liability to Buyer. Buyer shall not be entitled to set off against any sums due  to Seller the value of any claim Buyer may purport to have against Seller. 
   
   7.5. Except in respect of death or personal injury caused by Seller's negligence or the negligence of its employees, agents  or subcontractors, fraud or fraudulent misrepresentation, breach of the terms implied by section 12 of the Sale of Goods  Act 1979 or defective products under the Consumer Protection Act 1987, Seller shall not be liable to Buyer under any  circumstance by reason of any representation, or any implied warranty, condition or other term, or any duty at common  law, or under the express terms of the contract, for any loss or damage (whether direct, indirect or consequential or  whether for loss or profit or otherwise), costs, expenses or other claims for compensation whatsoever (and whether  caused by the negligence of Seller, its employees or agents or otherwise) which arise out of or in connection with the  supply of the Goods or their use or resale by Buyer or the performance of the Services, except as expressly provided in  these Conditions. 
   
   7.6. Subject to Condition 5.3, Seller’s total liability to Buyer in respect of all other losses arising under or in connection with  these Conditions, whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall in no  circumstance exceed the price of the Goods. 
   
   7.7. Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common  law are excluded to the fullest extent permitted by law. Without prejudice to the generality of the foregoing any sample  supplied by Seller shall not render any subsequent sale a sale by sample. They shall not form part of the contract nor  have any contractual force.  
8. Force Majeure 
   8.1. Seller shall not be liable to Buyer or deemed to be in breach of the contract by reason of any delay in performing or  failure to perform any of Seller's obligations in relation to the Goods and Services if the delay or failure is due to any  cause beyond Seller's reasonable control. Without limiting the generality of the foregoing, causes beyond Seller's  reasonable control shall include, flood, storm, fire, strikes, lock-outs or other industrial action or trade disputes, difficulties  in obtaining raw materials, fittings or other items of equipment, power failure or break down in machinery. 
9. Payment Terms 
   9.1. Unless otherwise agreed in writing by Seller, payment for Livestock must be by cash, cheque or credit card on collection  or, where Seller arranges delivery, by return post within 1 day following arrival of the Livestock at Buyer's premises. Payment for Dry Goods and Services must be made no later than 30 days following Seller's invoice date, unless  otherwise agreed in writing by Seller
   
   9.2. If Buyer fails to make payment on the due date, without prejudice to any other right or remedy available to Seller, and  without prejudice to Condition 11 Seller shall be entitled in addition to the outstanding sum to:- 
   
   9.2.1. cancel the contract or suspend further deliveries to Buyer; and/or 
   
   9.2.2. charge interest at the rate of 4% per annum above the Bank of England’s base rate from time to time (“Base Rate”)  of Seller's bankers. Such interest shall accrue on a daily basis from the due date until the actual date of payment.  Such interest shall accrue at a rate of 4% where the Base Rate is below 0%; and/or 
   
   9.2.3. payment from Buyer on demand on a full indemnity basis, of all costs, charges and expenses in any way incurred by  Seller in relation to the overdue payment and its recovery. 
   
   9.3. Buyer shall pay all amounts due under the contract in full without any set-off, counterclaim, deduction or withholding  (except as required by law).  
10. Risk in Goods 
    10.1. Risk of damage to or loss of the Goods shall pass to Buyer at the time of delivery or, if Buyer wrongfully fails to take  delivery of the Goods, at the time that delivery is tendered. 
11. Title in Goods 
    11.1. Notwithstanding delivery and passing of risk in the Goods, or any other provision of these Conditions, Goods shall remain  the absolute property of Seller until Seller has received in cash or cleared funds payment in full of the price of the Goods  plus any VAT and all other sums whatsoever which are due from Buyer to Seller including any interest thereon.  Notwithstanding such retention of title Seller shall be entitled to maintain an action for the price of the Goods as soon as  payment falls due. 
    
    11.2. Until such time as property in the Goods passes to Buyer, Buyer acknowledges that it is in possession of the Goods  solely as Seller's fiduciary agent and bailee and shall: 
    
    11.2.1. keep the Goods on its premises: 
    
    11.2.1.1. separate from those of Buyer and third parties so that they remain readily identifiable as Seller’s property; 11.2.1.2. properly stored, protected and insured against all risks for their full price from the date of delivery; 11.2.1.3. clearly identified as Seller's property; 
    
    11.2.1.4. shall not alter, modify or add to the Goods or any marking or identification on them and shall maintain them in  good condition; and 
    
    11.2.2. keep the Goods free from any charge, lien or other encumbrance. 
    
    11.3. If payment for the Goods and/or Services under any other contract between Seller and Buyer is overdue in whole or in  part, Seller (without prejudice to any of its other rights) may retake possession of and/or resell any Goods the title to  which it has by these Conditions retained and Buyer shall, upon request of Seller, allow Seller, its servants and agents  during normal working hours to enter any premises where the Goods are for the purpose of recovering possession of  such Goods. 
12. Insolvency of Buyer 
    12.1. Notwithstanding any other agreement as to the terms of payment, the total price shall become due and payable and  Seller shall have the right to forthwith terminate the contract (without prejudice to any of its other rights) if Buyer commits  any act of bankruptcy or a petition of bankruptcy is presented against Buyer or Buyer ceases or threatens to cease to  carry on business or enters into any negotiations for arrangement or composition with its creditors or in the event of  Buyer being a limited company, if a petition is presented for an administration order or if a petition is presented or a  resolution is proposed to windup Buyer or if a receiver of its assets or undertakings or part thereof is appointed or if any  distress or execution is levied on Buyer. 
    
    12.2. Upon termination of the contract pursuant to Condition 12.1 Seller shall have such rights of repossession and resale as  are set out in Condition 11.3. 
13. Right of Set-Off 
    13.1. Seller shall be entitled to apply any sum in any way arising out of the contract due from Seller to Buyer in settlement of  any sum due from Buyer to any other company in the Tropical Marine Centre Group and (where there is any amount  due from any other company in the Tropical Marine Centre Group to Buyer) Seller shall on behalf of Buyer be entitled  to give such other company a good receipt for any sum which Buyer may pay to Seller in settlement of any sum due  from Buyer to Seller in any way arising out of the contract. 
14. Variation 
    14.1. No variation of these Conditions shall be effective unless it is in writing and signed by the parties.
15. Assignment 
    15.1. Seller may at any time assign, mortgage, charge, subcontract or deal in any manner with all or any of its rights  or obligations under these Conditions. 
    
    15.2. Buyer may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner  with any or all of its rights or obligations under the Conditions without the prior written consent of Seller. 
16. Entire Agreement  
    16.1. This contract constitutes the entire agreement between the parties and supersedes and extinguishes all  previous agreements, promises, assurances, warranties, representations and understandings between them,  whether written or oral, relating to its subject matter.  
    
    16.2. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or  warranty (whether made innocently or negligently) that is not set out in the contract.  
17. Waiver 
    17.1. No failure or delay by a party to exercise any right or remedy provided under the contract or by law shall  constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of  that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict  the further exercise of that or any other right or remedy.  
18. Third Party Rights 
    18.1. No one other than a party to this contract shall have any right to enforce any of its terms.  
19. Severance 
    19.1. If any court or competent authority decides that any of the provisions of this contract is invalid, unlawful or  unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will  continue to be valid to the fullest extent permitted by law.  
20. Proper Law and Jurisdiction 
    20.1. The contract shall be governed by the laws of England and shall be subject to the exclusive jurisdiction of the English  Courts.

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