Terms and Conditions
Prices are correct at the time of going to press but may vary from time to time.
Any
missing goods must be claimed within 7 days of receiving invoice.
All our prices include
VAT at the UK rate at the time of purchase.
Minimum Order value is £30 .
5% Discount
for settlement within 7 days (except for nett items)
Carriage Charges: Currently we
operate a flat carriage fee of £6.50 on all orders.
Terms and Conditions of Sale
1.
DEFINITIONS
1.1 In these Conditions the following words or expressions shall have
the following meanings:
‘the Company’ Golf in a Van Ltd, 515, Durdar Road, Carlisle,
Cumbria, CA2 4TU
(Company Reg no:7040913 ) (VAT No: ) sales@gvcarlisle.co.uk Tel:[+44]
(0)1228 590023 Tel: [+44] (0)775776888
‘the Purchaser’ the person firm or company
buying Goods from the Company;
‘the Goods’ the items forming the subject matter of
the contract between the Company and the Purchaser or:
‘Order’ the Purchaser’s instructions
to the Company to supply the Goods;
‘Containers’ include boxes, pallets, crates, drums,
beams and other containers in which Goods are packed for delivery;
‘these Conditions
the terms and conditions set out below;
‘the Contract’ the contract for the sale of
the Goods.
1.2 Nothing in these Conditions shall exclude or restrict:-
1.2.1
the statutory rights of a Purchaser who deals as a consumer within the meaning of
the Unfair Contract Terms Act 1977 and Unfair Terms in Consumer Contracts Regulations
1999. Orders from our website are accepted from trade customers only; or
1.2.2 the
conditions implied by Section 12 of the Sale of Goods Act 1979.
1.3 Clause headings
are for information only and shall not affect (nor be treated or interpreted so as
to affect) construction of these Conditions.
2.1 All
Goods are sold or agreed to be sold by the Purchaser subject only to these Conditions
which override any other terms or conditions stipulated or referred to by the Purchaser
whether in the Order or any document issued by the Purchaser or in any negotiations
and so that these Conditions are the only terms or conditions upon which the Company
sells or supplies the Goods.
2.2 No variation of these Conditions shall be effective
unless made in writing and signed by a duly authorised representative of the Company.
3.
ACCEPTANCE OF ORDERS
3.1 No contract shall come into being until the Purchaser’s Order
has been accepted by the Company in writing or (if later) until the Goods have been
delivered to the Purchaser.
3.2 The Purchaser shall be responsible to the Company
for ensuring the accuracy of the terms of any order (including any applicable specification)
submitted by the Purchaser, and for giving the Company any necessary information
relating to the Goods within sufficient time to enable the Company to perform the
Contract in accordance with its terms.
3.3 If the Goods are to be manufactured or
any process is to be applied to the Goods by the Company in accordance with a specification
submitted by the Purchaser, the Purchaser shall indemnify the Company against all
loss, damages, costs and expenses awarded against or incurred by the Company in connection
with or paid or agreed to be paid by the Company in settlement of, any claim for
infringement of any patent, copyright, design, trade mark or other industrial or
intellectual property rights of any other person which results from the Company’s
use of the Purchaser’s specification.
3.4 The Company shall not be bound to accept
changes to the specification of the order after acceptance but shall endeavour subject
to agreement of any necessary revision of price and delivery date to meet any reasonable
request.
3.5 The Purchaser must provide the Company with all information necessary
to enable the Company to proceed with the Contract and such information must be supplied
with the Purchaser’s written order.
3.6 Orders are accepted strictly subject to availability
of the Goods at the time of despatch.
3.7 Each Order constitutes a separate Contract
between the parties. The Company reserves the right to deliver the Goods by instalments
and in such event each instalment shall be deemed to be a separate contract provided
always that deliveries of further instalments may be withheld until the Goods comprised
in earlier instalments have been paid for in full.
3.8 The Company shall not accept
orders of less than £5.00 in value excluding VAT, any order placed valued less will
be invoiced at £5 + VAT.
3.9 To amend or cancel an order prior to shipment, a ‘cancellation
reference number’ must be obtained from the sales office when making the amendment
or cancellation.
4. PRICES
4.1 The price of the Goods shall be the Company’s quoted
price or, where no price has been quoted (or a quoted price is no longer valid),
the price listed in the Company’s published price list current at the date of acceptance
of the order. All prices quoted are valid for 14 days only or until earlier acceptance
by the Purchaser, after which time they may be altered by the Company without giving
notice to the Purchaser.
4.2 Where at the Purchaser’s request the Company undertakes
urgent delivery the Company reserves the right to make an exceptional charge for
carriage or for such delivery irrespective of the value of the Order in question.
4.3
The Company may at any time before delivery vary the price of the Goods by notice
to the Purchaser. The Purchaser may within one week of receipt of such notice cancel
the Order for the Goods, but if delivery of the Goods is to be made by instalments
the Purchaser will be entitled to cancel only the undelivered portion of the Order.
No other remedy shall be available to the Purchaser in respect of such variation
in price. If the Purchaser does not cancel the Order within the one week period,
the varied price shall apply to the Contract except as regards those of the Goods
already delivered.
5. PAYMENT
5.1 Unless otherwise agreed in accordance with Clause
2.2, all payments for goods must be received on or before the thirtieth day following
the date of the invoice being the due date for payment. Any discounts applicable
will have actual amounts and date by which payment must be received by the Company,
shown on invoice.
5.2Payment shall be deemed not to have been made until any and all
cheques drafts and bills by which payment is to be effected have been cleared or
honoured (as the case may be).
5.3 Without prejudice to any other of its rights, the
Company reserves the right to charge interest on payments outstanding after the due
date for payment at the rate (both before and after judgment) of 2 per cent per month
(including interest) from the due date for payment until receipt by the Company of
payment in full and to recover from the Purchaser on an indemnity basis all costs
incurred in the recovery of such overdue sums. The Company reserves the right to
reduce or cancel the amount of interest payable hereunder and the Purchaser acknowledges
that any such action or omission for whatever reason shall not amount to a waiver
of Company’s rights hereunder or as a course of conduct varying these Conditions.
5.4
Should any Customer’s cheque or Direct Debit payment be returned or represented by
our bankers, then a service charge of £20 per presentation will be levied against
the Customer.
5.5 All payment received by the Company should equal the net value of
the invoice after settlement and not be affected by any bank charges.
5.6 Retro will
be paId by way of credit note at the end of the term (as specified on The NS1962
agreement form) to accounts achieving their purchase target and falling in current
trading terms and credit limits.
5.7 All payments made by credit card made after 28
days from invoice date will incur a 2% interest charge.
6. DELIVERY
6.1 The Company
will endeavour to provide the delivery of Goods within 24 hours, however any dates
times or periods for delivery of Goods quoted by the Company are estimates only and
the Company shall not be liable for failure to meet such estimates or for any costs
charges or expenses incurred as a consequence of such failure and accordingly the
Purchaser shall not be entitled to refuse to accept Goods or to determine the contract
merely because of such failure.
6.2Delivery shall take place:
6.2.1 where the Company
undertakes delivery, when the Goods are delivered to the place shown on the Purchase
Order Form or any other place stipulated by the Purchaser for delivery; or
6.2.2 where
the Purchaser undertakes to collect the Goods or where the Goods are sold “ex works”
(Inc terms 20000) to a Purchaser outside England, Scotland, Wales and Northern Ireland
when they are made available to the Purchaser for collection.
6.3 The Goods shall
be at the Purchaser’s risk from the time of delivery as defined in Clause 6.2 even
if the Purchaser wrongfully fails to take delivery at the time when the company has
tendered delivery of the Goods.
6.4 The company shall not be liable for and the Purchaser
shall fully indemnify the Company against any and all costs charges and expenses
incurred due to delay in delivery of the Goods where such delay is a result of the
Purchaser’s failure to provide as and when required all instructions licences guarantees
deposits and all such information and other assistance as may be reasonably required
by the Company.
6.5If the Company does not receive forwarding instructions sufficient
to enable despatch of the Goods to be made within 14 days after notification that
the Goods are ready for despatch the Purchaser shall be deemed to have taken delivery
and the Company may (without prejudice to any of its other rights) dispose of the
Goods ordered for storage of the Goods at the premises of the Company or elsewhere
as the Company may determine at the cost of the Purchaser.
6.6 If the Purchaser fails
to take delivery of the Goods or fails to give the Company adequate delivery instructions
at the time stated for delivery (otherwise than by reason of any cause beyond the
Purchaser’s reasonable control or by reason of the Company’s fault) then without
prejudice to any other right or remedy available to the Company, the Company may:
6.6.1
store the Goods until actual delivery and charge the Purchaser for the reasonable
costs (including insurance) of storage: or
6.6.2 sell the Goods at the best price
readily obtainable and (after deducting all reasonable storage and selling expenses)
account to the Purchaser for the excess over the price under the Contract or charge
the Purchaser for any shortfall below the price under the Contract.
6.7 The Company
will levy a charge on orders less than £80.00 (UK) and £200 (Europe) in value, details
of which will be supplied to the buyer upon request.
7. LOSS DAMAGE OR NON-
7.1
If the Company fails to deliver the Goods for any reason other than any cause beyond
the Company’s reasonable control or the Purchaser’s fault, and the Company is accordingly
liable to the Purchaser, the Company’s liability shall be limited to the excess (if
any) of the cost to the Purchaser (in the cheapest available market, of similar goods
to replace those not delivered over the price of the Goods.
7.2 Where the Purchaser
undertakes to collect the Goods the Company shall not in any circumstances be liable
for any damage from whatever cause which arises while the Goods are in transit.
7.3
Where the Company undertakes carriage:
7.3.1 Notice of any claim relating to shortage
of or damage to the Goods must be made to the Company in writing within 48 hours
of their receipt. In the event of loss or non-
7.3.2 The Company will consider claims only if the
above conditions are met and the claim is signed by the Purchaser and is accompanied
by full particulars giving the Purchaser’s order number, the Company’s invoice number
and a copy of the delivery note which should bear an appropriately qualified endorsement
and be signed by the Purchaser.
The return of
Goods by the Purchaser for credit or replacement will not be accepted by the Company
without the Company’s prior written authorisation and then only if the Goods are
in a saleable condition of which the Company shall be the sole judge. Where Goods
so returned are accepted by the Company, it shall be for the Company, in its absolute
discretion, to determine whether to give credit or a replacement quantity of the
Goods.
8.1 Goods returned in pristine condition for credit ‘not required’ will be
subject to a 20% restocking charge.
8.2 Goods returned in pristine condition for credit
‘not required’ but with damaged packaging will be subject to a repackaging charge
plus a 20% restocking charge.
8.3 Goods returned in non-
8.4 We will repair/replace individual faulty components.
8.5 Any
guarantee period for items sold is deemed to be from the point of sale to your customer.
A valid proof of date of sale to your customer must be provided for such items.
9.1 The Company warrants that to the best of its knowledge the Goods are
of merchantable quality. Save as aforesaid and save as regards any specific warranty
(or guarantee) given in writing by the Company, all other conditions guarantees warranties
whether express or implied, by statute, common law or otherwise including (but without
prejudice to the generality of the foregoing) conditions guarantees and warranties
as to quality fitness for use under any conditions (whether known or made known to
the Company or not) are hereby excluded.
9.2 The Company shall be under no liability
in contract or in tort for any indirect consequential loss (including but without
limiting the generality of the foregoing economic loss, loss of profits, loss of
use or loss of production) arising out of or in conjunction with the contract for
the supply of the Goods between the Company and the Purchaser.
9.3 The Company will
only accept liability for direct physical injury to persons or defects in the Goods
caused by the negligence of the Company or its servants (being negligence as defined
in Section 1 of the Unfair Contract Terms Act 1977) provided that the liability of
the Company under these Conditions in respect of any defects in the Goods shall in
no case exceed the contract price for the Goods and it is hereby agreed for the avoidance
of doubt that (except insofar as it is expressly otherwise provided in these Conditions)
the Company shall in no circumstances be liable for any costs charges damages losses
(including loss of profit) or expenses of any kind arising otherwise than directly
out of any such negligence as aforesaid.
9.4 The application use and/or processing
(where permitted) of the Goods is the absolute responsibility of the Purchaser. Any
technical and other advice information provided by the Company, whether verbally,
in writing or by way of tests or trials, is given without warranty.
10. RETENTION
OF TITLE
10.1 Whilst risk in the Goods supplied to the Purchaser under the Contract
shall pass on delivery legal and beneficial ownership of the Goods shall remain with
the company until such time as the Company has received payment in full in respect
of all sums owing from the Purchaser to the Company whether under the Contract or
otherwise.
10.2 Notwithstanding terms of payment specified herein or elsewhere payment
for all Goods supplied to the Purchaser shall become due immediately if the Purchaser
fails to pay for the Goods on the due date (or fails to pay any instalment in which
case the whole outstanding balance shall immediately become due) or if the Purchaser
has been declared bankrupt or enters into an arrangement with his or her creditors
or, being a company, goes into voluntary or compulsory liquidation, or enters into
an arrangement with its creditors or has an administrator or an administrative receiver
or receiver and manager appointed over all or part of its assets or if otherwise
declared insolvent or prohibited from trading, and the Purchasers shall immediately
notify the Company thereof and in such circumstances:
10.2.1 the Purchaser shall not
attempt to sell any Goods supplied by the Company to any other party;
10.2.2 the Purchaser
shall not part with possession of any Goods which have been delivered by the Company
to the Purchaser; and
10.2.3 the Company shall have the right, without prejudice
to any other remedies, to withhold delivery of any undelivered Goods and to stop
any Goods in transit.
10.3 If payment for any goods supplied by the Company is overdue
whether in whole or in part and any goods have been delivered to the Purchaser the
Company may without prejudice to any of its other rights enter upon the Purchaser’s
premises to recover and/or re-
10.4 At all times following delivery of the Goods and preceding payment
as aforesaid the Purchaser is and shall remain a fiduciary for the Company in respect
of the Goods and shall store the Goods separately to any goods which belong to the
Purchaser or any third party and shall clearly mark the Goods in such a way as to
enable them to be identified as being the property of the Company.
10.5 The Purchaser
shall have the power to re-
10.5.1 such resale
or other dealings shall give rise to no obligations whatsoever whether contractual
or otherwise on the Company;
10.5.2 the proceeds of resale or other dealings shall
in any period preceding payment of the full price as aforesaid be held by the Purchaser
in a clearly identifiable account separate from the Purchaser’s own and from those
of third parties and the beneficial interest of the Company shall attach to the proceeds
of resale and the Company shall have the right to trace the proceeds of sale;
10.5.3
the separate account into which all such proceeds of resale are to be placed shall
not be permitted to become overdrawn; and
10.5.4 the Purchaser shall incorporate
into any dealings with a sub-
10.6 Each Sub clause 10.1, 10.2, 10.3, 10.4
and 10.5 shall be construed and receive effect as a separated clause and if for any
reason whatsoever any such clause is rendered invalid and unenforceable according
to its terms the others shall remain in full force and effect.
11.1
No warranty or representation is given by the Company that the Goods do not infringe
any Letters Patent, Trade Marks, Registered Designs, Copyright or other intellectual
property rights.
11.2 The use of the Company’s trade marks requires the prior written
approval of the Company.
12. FORCE MAJEURE
The Company shall not be liable or deemed
to be in breach of the Contract in any way for any loss or damage arising directly
or indirectly, through or in consequence of delivery of the Goods being prevented
or delayed by happenings or occurrences due to or by reason of any matters or things
beyond the control of the Company including (but without limitation) mobilisation,
hostilities, war (whether declared or not), government action, Act of God, riots,
lockouts, strikes or disturbance wherever taking place, accidents, fire, flood, late
provision to the Company of any information or instructions pertinent to the fulfilment
of the contract by the Company or any other causes or any circumstances whatsoever
beyond the Company’s control.
13. CANCELLATION
The Purchaser may cancel or suspend the Contract with the Company
only with the Company’s prior written consent which shall be conditional upon the
Purchaser making payment to the Company of any reimbursement which the Company may
require to compensate for such cancellation.
14. DEFAULT AND INSOLVENCY
14.1 If the
Purchaser shall default in its obligations under or commit a breach of these Conditions
or of any other of its obligations to the Company; or if the Purchaser suffers any
judgment or any distress, seizure or execution to be levied against it or if the
Purchaser shall make or offer any arrangement or composition with creditors, or commit
any act of bankruptcy, or if any statutory demand or petition shall be presented
or made against it, or if the Purchaser is a limited company and any resolution or
petition to wind up the Purchaser’s business (other than for the purpose of bona
fide amalgamation or bona fide reconstruction) shall be passed or presented, or any
Petition for the administration of the Purchaser shall be presented or if a receiver
or administrative receiver is appointed over its undertaking property or assets or
any part thereof, then without prejudice to any other right or remedy available to
the Company the Company may forthwith without notice:
14.1.1 cancel suspend or determine
the Contract or any unfulfilled part thereof;
14.1.2 halt any Goods in transit and
decline to make further deliveries except upon receipt of advance payment or satisfactory
security;
14.1.3 either by an agent or itself have access to the Purchaser’s premises
for the protection, removal, realisation and disposal of any Goods at any time and
from time to time in which the property shall not have passed from the Company to
the Purchaser.
14.2 The granting by the Company to the Purchaser of time or any other
indulgence forbearance or concession shall in no way prejudice or constitute a waiver
of the Company’s entitlement to enforce any of its rights under the Contract.
14.3
If the Company terminates the contract in accordance with this Clause, then, without
prejudice to any other rights the Company may have, it shall be entitled to retain
any advance payment made by the Purchaser.
15.NOTICES
Any notices required
to be given under these Conditions must be in writing and either posted first class
pre-
16.1 The contract is personal to the Purchaser which shall
not assign or charge the benefit and/or burden thereof whether in whole or in part
without the Company’s prior written consent.
16.2 These Conditions represent the entire
agreement between the parties and supersede all earlier warranties, representation
and statements (whether oral or in writing) and may only be varied or amended by
agreement in writing between the parties.
16.3 The validity construction and performance
of the Contract between the parties will be governed by English law and the parties
hereby irrevocably submit to the non-
16.4
Nothing in this Agreement is intended to confer any benefit on any third party whether
under the Contracts (Rights of Third Parties) Act 1999 or otherwise
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