Terms and ConditionsAll orders are subject to the following terms and conditions:1. Definitions:“Buyer” means the Contact person, as provided to the Seller, who is placing the order for the sale of the goods and/or provision of the services offered by the Seller.“Seller” means 2Degrees Sports or such subsidiary as may provide the relevant goods or services. All “Orders” are accepted on the basis of these conditions and only when accompanied with full contact details and, when required by the Seller, payment in full. Any conditions of purchase offered on behalf of the Buyer shall be deemed to be waived by the Buyer on acceptance of the goods or services. 2. Price:The Seller sets the price and such prices should be confirmed with the Seller before placing an order. The Seller reserves the right to vary the Goods’ prices, with notification, to reflect any increases in the cost to the Seller which are due to any factor beyond the control of the Seller, any change in delivery dates, quantities or specifications requested by the Buyer, or any delay caused by instructions of the Buyer.3. Delivery:Acceptance of delivery of goods and/or provision of services (or any part thereof) shall be deemed conclusive evidence of Buyer’s acceptance of these conditions. Delivery of the goods shall be made by the Seller delivering the goods to the Buyer’s premises or if alternative details are provided for delivery, as detailed on the order form, by the Seller delivering the goods to that place. Any dates quoted for delivery of the goods are approximate only and the Seller shall not be liable for any delay in delivery of the goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by the Seller in writing. The Seller shall be entitled to make partial delivery or deliveries by instalments and to invoice for such deliveries as are made.4. Non Delivery:If the Seller is unable to make actual delivery of the goods for any reason, or if the Buyer either fails to take delivery of the goods on the agreed delivery date or delays the delivery date; then the Seller may store or arrange the storage of the goods until actual delivery, at the risk and expense of the Buyer, and charge the Buyer the following; reasonable or actual (if with a third party) storage costs (including insurance); all additional transport and handling costs including the additional time of the Seller at its appropriate hourly or daily rates; and receive payment in full for the goods in storage, in accordance with the normal payment terms.The Seller shall not be liable for any non-delivery of the goods (even if caused by the Seller’s negligence) unless the Buyer gives written notice to the Seller of the non-delivery within 7days of the date when the goods would in the ordinary course of events have been received. Any liability of the Seller for non-delivery of the goods shall be limited to replacing the goods within a reasonable time or pursuing a credit note at the pro-rata rate against any invoice raised for such goods. 5. Notification:Complaints concerning goods received damaged must be made in writing, stating nature of damage, date of receipt and invoice number, within seven days of receipt of goods. Goods cannot be accepted for return without prior notification and approval by the Seller.6. Specification:Goods are made to the Buyers requirement, therefore Orders cannot be cancelled once work has commenced and the Buyer shall be liable for payment of the full purchase price. As we aim to provide a fast service, work will commence very shortly after receipt of the Order.Where goods are to be manufactured or provided in accordance with a design/specification provided by the Buyer, the Buyer shall indemnify the Seller against all loss, damage, costs, and expenses in connection with the same. It is the responsibility of the Buyer to ensure that all of the order details are correct when the order details are passed to the Seller. Any amendments in specifications may result in additional costs charged at the Sellers additional rates.7. Payment:The Buyer shall pay the price specified in the invoice (without any deduction) before any Order is deemed complete. Time for payment shall be of the essence. Notwithstanding that no orders will be fulfilled, nor any goods provided to the Buyer. Any payments which are rejected by the Buyers banking services will be returned to the Seller and no orders will be completed until alternative payment provisions are provided.8. Force Majeure;The Seller reserves the right to defer the date of delivery or to cancel the goods or reduce the volume of goods ordered by the Buyer (without liability to the Buyer) if it is prevented or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Seller including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protest, riot, civioli commotion, fire, explosion, flood, epidemic, lock outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 60 days, the Buyer shall be entitled to give notice in writing to the Seller to terminate the Contract.9. Warranty:The Seller shall have no liability in respect of parts, materials or equipment not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer.10. Consequential Loss:The Seller shall not be liable to the Buyer 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 consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (whether caused by the negligence of the 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 the Buyer, except as expressly provided in these conditions.11. Third Party Claims:If any claim is made against the Buyer that the goods or services infringe or that their use, resale or provision infringes the patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person, any liability of the Seller to the Buyer shall be subject to the Seller being given full control of any proceedings or negotiations in connection with any such claim including the payment or settlement thereof.12. Title:Title of the goods shall not pass to the Buyer until the latter of delivery or receipt by the Seller of payment in full of all sums due or owing on any account.13. Communications: All communications between the parties shall be in writing and delivered by hand or sent by pre-paid first class post or sent by fax. Communications shall be deemed to have been received:
14. Governing Law:These conditions and the contract for sale to which they relate shall in all respects be construed in accordance with and be governed by English Law.15. Validity:Terms valid at date of issue. The Seller reserves the right to modify, without notice. When this occurs, the new Terms and Conditions are effective immediately and supersede prior published information.Date of issue: August 2008
|
