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Terms & Conditions

General

Golz (UK) Ltd ("The Seller") will supply and the customer will buy the goods referred to in this order upon the terms and conditions hereafter mentioned.

Order

(1) Any order or specification submitted verbally by the customer shall be confirmed in writing.

(2) The Seller will acknowledge and confirm in writing all orders and so received, if required.

(3) The customer is responsible for ensuring that the Seller's acknowledgment or confirmation accurately represents the customer's order or specification. The additional cost of any alteration and/or cancellation thereafter required by the customer for any reason other than negligence or default of the Seller shall be the responsibility of the customer.

Description

All specifications, drawings and particulars of weights and dimensions submitted with the quotation are approximate only, and the descriptions contained in the seller's catalogues, price lists and other advertisement matter are intended merely to present a general idea of the goods described therein, and none of these shall form part of the contract between the seller and buyer.

Delivery

Dates quoted by the Seller as to delivery and/or completion of installation are approximate. The Seller undertakes to use its best endeavour to comply with dates quoted, but time shall not be of the essence in the contract and liability for loss, damage or expense caused to the customer by reason of delay is hereby excluded.

Prices

Prices to be charged are those stated on the seller's Order Acknowledgment. All prices agreed in any contract are based on the costs ruling at the date of such contract. If any increase in such costs occurs between such date and the delivery of the goods (even if such delivery be delayed) and in particular in the event of any increase in the costs of labour and any materials and overhead or of the costs of resulting from the imposition or increase of any tax levy or duty by the Government of the United Kingdom, of any other costs whatsoever where the increase is beyond the control of the seller, the seller shall be entitled to increase any such prices by such amount as is reasonable having regard to such increase in costs.

Unless otherwise specified in writing by the seller, all prices quoted are valid for 30 days only and are quoted net ex-works and exclusive of VAT.

Cancellation

Orders accepted by the seller cannot be cancelled except with its consent and then only upon terms that be accepted without charge at the sole discretion of the seller. In the event of the seller accepting cancellation of items which have been made to special order, the buyer will be required to pay the whole amount of the cost involved in the work up to the date of cancellation.

Accounts

All goods, unless an approved account has been opened, will be required to be paid in full prior to delivery against a pro-forma invoice.

Payment

In the event of the customer failing to pay on demand the sums due hereunder the customer shall be liable to pay interest on such sums from the date of demand for payment to the date when payment is made. The prescribed rate of interest shall be 10% above Bank of England Minimum Lending Rate for the time being in force and in any event not less than 15% per annum and shall accrue from day to day and shall run after as well as before any Judgement obtained against the customer. This will be without prejudice to any other rights or remedies the seller may have.

Insurance

In the case of a F.O.B sale, goods will be insured up to delivery over ship' rail. Unless otherwise agreed in writing goods supplied on a sale or return basis must, if not for purchase, be returned within one month of dispatch. Goods not so returned will be deemed to have been purchased and an invoice will be rendered and settlement must be effected in accordance with the conditions below. Where it is agreed that goods may be retained on a sale or return basis for a period exceeding one month, any cost incurred by the seller to replace worn or damaged parts in goods returned after the agreed period will be the buyer's account who will be invoiced accordingly.

Property in the goods

Upon payment by the customer of the balance of the total purchase price and any other sums payable to the seller hereunder the property in the goods shall pass to the customer but until such time the goods shall remain the property of the seller and the customer shall be a mere bailee thereof. The customer is solely responsible for the safe-keeping of all goods until full legal title passes.

Seller's right to re-possess

If any of the following events occur, is to say if:-

(a) the customer shall make default in payment of any of the sums payable hereunder for a period of more than seven days after the same shall have become due or;

(b) the customer shall fail to observe or perform any of the other terms and conditions of this contract whether express or implied or;

(c) the customer shall commit an act of bankruptcy or have a receiving order made against him; or

(d) the customer shall make any arrangement with his creditors or any assignment to the benefit of creditors;

(e) distress or execution shall be levied or threatened upon any of the customer's property; or

(f) the customer shall abandon the goods; or

(g) the customer shall die; Seller shall, without prejudice to any other rights or relief available to it but subject to any statutory provisions to the contrary, entitled to repossess and/or resell the goods (and for the purpose of repossessing the goods, the Seller shall be at liberty to enter upon any land or building on or in which the goods are situated and to recover from the customer the balance of all sums payable under this agreement after giving credit for the net proceeds of sale of any goods repossessed. For the purpose of this clause "the net proceeds of sale" means the proceeds of sale after deduction of the costs and expense of repossessions, storage and sale. In the event of the net proceeds of any goods resold hereunder exceeding the balance of the total purchase price and other monies remaining payable to the Seller hereunder the excess shall be paid to the customer.

Without prejudice to clauses (e) and (f) above all goods and materials delivered to the customer's premises will be held there at the customer's risk from the moment of such delivery.

Non-delivery

In the event that the seller is prevented from delivering any of the goods by reason of the buyer's instructions or lack of instructions or by force majeure circumstances or any cause whatsoever beyond the seller's control, existing at the seller's work or elsewhere then the delivery period shall be extended by such period as is reasonable in all the circumstances of the case, and the estimated delivery date for such goods shall be recalculated accordingly. In no circumstances shall the seller be liable to compensate the buyer, in damaged or otherwise, for non-delivery of the goods or any of them or any loss, consequential or otherwise, therefrom.

Conditions

Except as provided herein and subject to any conditions or warranties implied by statute, any express or implied condition, statement or warranty is hereby excluded.

Loss in Transit

Except where the seller arranges delivery by its own vehicle or vehicle specially hired by it, the seller cannot be responsible for loss or damage during transit. In the case of delay in delivery, notification in writing shall be sent to the seller, at the works address shown on the face hereof, and to the carrier by the buyer within 14 days of the date of invoice. "Unexamined" signatures do not relieve the buyer of liability and the seller shall not be responsible for any claims if the buyer fails to comply with the provisions of this Clause.

Consequential Loss

The seller shall not in any circumstances be liable for any consequential or indirect loss or damage arising from faulty workmanship or material for any reason whatsoever.

Indemnity

The buyer shall indemnify the seller in respect of all damages or injury occurring to any person or property and against all actions, suits, demands, changes or expenses in connection therewith for which the seller may become liable in respect of the goods sold under the order in the event that the damages or injury shall have been occasioned by the negligence of the buyer or his servants or agents.

Warranty

Golz (UK) Ltd hereby warrant that if within a period of seven days from the date of the completion of installation or the date of delivery of the goods referred to in this order, any defects arise either of workmanship or in materials supplied by it, save for such defects as were specifically drawn to the customer's attention and accepted by him at the time of the installation or delivery as appropriate, it will remove and repair the said defective workmanship free of charge. This warranty is subject to:-

(a) the customer having taken reasonable care and attention in the use and maintenance of the installation.

(b) The customer having made all payments due under the contract.

(c) The Warranty shall be the limit of the Seller's liability.

Settlement

Unless otherwise agreed in writing invoices will be rendered on delivery and settlement is strictly net. Settlement is due 30 days following despatch of relevant invoice. If despatch of goods is delayed due to the buyer's inability to take delivery, payment must be made at least within two months of notification that the goods are ready for despatch.

Failure to adhere to the payment terms for what ever reason will result in the forfeit of any special offers, turnover rebate, marketing allowance and discounts. Settlement will become payable at the full list price.

Laws of Contract

These conditions of sale shall in all respect be governed and construed in accordance with the Law of England and Wales and shall be subject to the jurisdiction of the English Courts only.

Discrepancy

Any Discrepancy on delivery or invoice should be notified with in 14 days from date of invoice. No claims can be accepted after this period.

Minimum Order

Minimum Order must be £ 15.00 + VAT

Handling Charge

There will be a handling charge of 10% on all standard items supplied by Golz (UK) Ltd. Non-standard items can only be returned with explicit written instructions from Golz (UK) Ltd, and will incur a negotiated handling charge.

Carriage

Carriage will be charged at the applicable rates on date of dispatch.

Changes

These Terms of Trading are liable to change without notification. It is in the customer’s interest to ensure they have a copy of our latest terms of trading, which will be sent by post on request, or by email or fax.

Date                02/09/03

Version            v3.0

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