Peugeot GTi Autosport Club Terms and Conditions of sale
The Conditions governing any arrangements.
These conditions ("Conditions") given all contracts ("Contracts") for the sale supply
by The Peugeot GTi Autosport Club of goods ("Goods") to the exclusions of any other terms
and conditions except and to the extent only that any of the Conditions are expressly
excluded or varied in writing signed by a duly authorised representative of
The Peugeot GTi Autosport Club.
Errors, etc.
Any error or omission whether or not clerical or typographical in any
document issued by The Peugeot GTi Autosport Club shall be subject to correction
without any liability of The Peugeot GTi Autosport Club.
Orders.
No order for Goods ("Order") submitted by an intended purchaser ("Buyer") is
deemed accepted by The Peugeot GTi Autosport Club until received and accepted by The
Peugeot GTi Autosport Club's authorised representative and no Order accepted by The
Peugeot GTi Autosport Club may be cancelled by Buyer except with written consent of
The Peugeot GTi Autosport Club and on terms that the Buyer will, if required,
indemnify The Peugeot GTi Autosport Club against all loss and expenses incurred thereby.
Delivery of the Goods.
Any dates quoted for delivery are approximate only and The Peugeot GTi Autosport Club
shall not be liable for any delay howsoever caused.
Time for the delivery shall not be of the essence unless previously agreed by The Peugeot
GTi Autosport Club in writing, and as many items are custom made for the purchaser
this shall not be accepted grounds for cancellation of items, or order. Where
delivery is by instalments, each delivery shall constitute a separate contract and
failure by The Peugeot GTi Autosport Club to deliver any one or more instalment in
accordance with these Conditions or any claim by Buyer in respect of any one or more
instalment shall not entitle Buyer to treat the Contract as a whole as repudiated.
In case of non delivery or shortages, Buyer must notify The Peugeot GTi Autosport
Club in writing within three (3) working days. If Buyer fails to take delivery or
fails to give The Peugeot GTi Autosport Club adequate delivery instructions at the
time stated for delivery (otherwise than by reason of The Peugeot GTi Autosport
Club's fault) then, without prejudice or any other right or remedy available to The
Peugeot GTi Autosport Club, The Peugeot GTi Autosport Club may store the Goods until
actual delivery and charge the Buyer for the reasonable costs (including insurance)
of storage or sell the Goods elsewhere. In no circumstances shall the Buyer be
entitled to retain goods without the consent of The Peugeot GTi Autosport Club.
Goods returned by agreement for credit must be in first class saleable condition.
Risk.
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, the time when The Peugeot
GTi Autosport Club tenders delivery.
Title. The property in the Goods shall not pass to the Buyer until The Peugeot GTi
Autosport Club or its duly authorised representative has received in cash or cleared
funds payment in full of the Price and payment of all other for which payment is due
to The Peugeot GTi Autosport Club from Buyer.
Warranties and Liability.
Subject to the conditions set out below The Peugeot GTi Autosport Club warrants that
the Goods will correspond with their specification at the time of delivery and will
be free from defects in material workmanship.
The above warranty is given by The Peugeot GTi Autosport Club subject to the following
conditions that The Peugeot GTi Autosport Club shall be under no liability if the
total Price has not been paid by the due date for payment.
Subject as expressly provided in these Conditions, and except where the Goods are
sold to a person dealing as a consumer (within the meaning of the Unfair Contract
Terms Act 1977), all warranties, conditions or other terms implied by statute or
common law are excluded to the fullest extent permitted by law.
Any defect in the quality or conditions of the Goods or their failure to correspond
with specifications shall (whether or not delivery is refused by Buyer) be notified
to The Peugeot GTi Autosport Club within 7 days from the date of delivery (or where
the defect or failure was not apparent on reasonable inspection) and if Buyer does
not notify The Peugeot GTi Autosport Club, Buyer shall not be entitled to reject the
Goods and The Peugeot GTi Autosport Club shall have no liability for such defect or
failure, and Buyer shall be bound to pay the Price as if the Goods had been
delivered in accordance with the Contract.
Where any valid claim in respect of any of the Goods which is based on any defect in
the quality of conditions of the Goods or their failure to meet specification is
notified to The Peugeot GTi Autosport Club , The Peugeot GTi Autosport Club shall be
entitled to replace the Goods (or the part in question) free of charge or, at The
Peugeot GTi Autosport Club's full discretion, refund to Buyer the price of the Goods
(or a proportionate part of the price), but The Peugeot GTi Autosport Club shall
have no further liability to the buyer.
Except in respect to death or personal injury caused by The Peugeot GTi Autosport
Club's negligence, The Peugeot GTi Autosport Club shall not be liable to 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 by loss or profit or otherwise), costs,
expense or other claims for consequential compensation whatsoever (and whether
caused by the negligence of The Peugeot GTi Autosport Club, its officers or agents
or otherwise) which arise out of or in connection with the supply of the Goods in
their use or resale by Buyer, except as expressly provided in these Conditions.
Resale of Goods.
Except where Buyer carried on a business which includes the resale
of written or machine recorded materials, the Goods are sold by The Peugeot GTi
Autosport Club on condition they are for use by the Buyer and not for resale unless
The Peugeot GTi Autosport Club has otherwise agreed in writing. To the extent
permitted by law the Buyer who offers for resale within such conditions Goods
consisting of books/graphics and similar printed materials shall do so at the cover
price or, if there is none, then at The Peugeot GTi Autosport Club's list price.
Intellectual Property and Indemnity.
The copyright, design right and other intellectual property rights in the Goods and logos shall,
as between the parties to the contract, be the property of The Peugeot GTi Autosport Club.
General.
No waiver by The Peugeot GTi Autosport Club of any breach of the Contract
by Buyer shall be considered as a waiver of any subsequent breach of the same or any
other provisions.
If any provision of these Conditions is held by any competent authority to be
invalid or unenforceable in whole or in part the validity of the other provisions of
these Conditions and the remainder of the provision in questions shall not be
affected thereby. The contract shall be governed by the laws of England and the
parties submit to the jurisdiction of the English Courts.
E&OE
|
|
