“The Company” means European Golf Machinery.
“The Customer” means the person, firm, company or organisation whose order for goods is accepted by the Company.
All quotations and orders accepted by the Company are subject to these terms and conditions of business.
- All goods are ex-works and subject to carriage charges including any fuel surcharges that may be relevant.
- Prices of all spare parts are ex-works and are subject to carriage charges as above.
- Company price lists are all exclusive of VAT.
- All equipment and spares are supplied at the price ruling at the date of despatch.
The Company’s policy is one of continuous development and improvement. Accordingly descriptions, specifications, prices, dimensions and weights etc given in the price lists, sales brochure etc may change without notice, under such circumstances the Customer shall accept goods so changed in fulfilment of the contract. No such variation shall, under any circumstances vitiate the contract.
All goods shall remain the property of the Company until the Customer has paid in full the whole of the contract price.
- Notwithstanding delivery and the passing of risk in the goods, or any other provision of these conditions, the property in the goods shall not pass to the Customer until the Company has received in cash or cleared funds payment of the price of the goods and all other goods agreed to be sold by the Company for which payment is then due.
- Until such time as the property and the goods passes to the Customer, the Customer shall hold the goods as the Company’s fiduciary agent and bailee’ and shall keep the goods separate and unattached from those of the Customer and third parties and properly stored, protected and insured and identified as the Company’s property. Until that time the Customer shall be entitled to re-sell or use the goods in the ordinary course of it’s business, but shall account to the Company for the proceeds of sales or otherwise of the goods whether tangible or intangible, including insurance proceeds and shall keep all such proceeds separate from monies or property of the Customer and third parties and, in the case of tangible proceeds, properly stored, protected and insured.
- Until such time as the property in the goods passes to the Customer (and provided the goods are still in existence and have not been re-sold) the Company shall be entitled at any time to require the Customer to deliver up the goods to the Company and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the goods are stored (if necessary to detach and remove the goods if fitted to the customers or third parties equipment or vehicles) and repossess the goods.
- The customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the Customer, but if the Customer does so all monies owing by the Customer to the Company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.
Delivery dates specified in writing or verbally are approximate only. Delivery shall be deemed complete when the Company gives possession of the goods to a carrier for delivery to the Customer. The Company shall not be liable for any damage or loss whatsoever arising from any failure to deliver or delay in delivery of the goods caused by an event beyond the Company’s control.
The customer should notify the Company on receipt of the goods regarding any claims for damage in transit.
Unless otherwise agreed in writing with the Company, payment is due 30 days following the date of invoice. Payment of the invoice by the 30th day will enable the full settlement discount, where offered, to be taken. Proforma invoices must be paid in full prior to delivery. If payment is not received on or before the due date for each payment, default interest may be charged and if charged will be payable at the rate of not less than 2% per month or part thereof on any balance unpaid by the due date, such interest to accrue after as well as before judgement. In addition, on default the Customer shall be liable for all costs of repossession or enforcement including legal costs as between solicitor and own client. In the event that the Customer becomes insolvent or of a Liquidator or Receiver being appointed to administer the Customers affairs prior to payment in full to the Company, the Company shall have the right at it’s absolute and sole discretion to forthwith treat the contract as discharged and to repossess the goods.
- Return of Goods
No goods will be accepted for credit by the Company without prior written approval. Any goods that are accepted for credit shall be returned to the Company at the Customer’s expense and will be subject to a handling charge. A charge will be made for goods, which are received back in less than saleable condition.
The Company warrants that all new Whole goods are sold free from defects in materials, mechanical parts and workmanship and are so warranted for the period of 24 months from the date of delivery to the customer. Accordingly, the Company undertakes to repair or at the Company’s discretion, replace any part found to be defective during the warranty period provided that the equipment has been used for normal purposes and in accordance with the instructions and not subject to neglect, misuse, accident or modification and has not been repaired, serviced or dismantled by any person other than with authorisation of the Company. The Company shall not be liable for any loss, injury or expense, whether direct or indirect which may arise for any reason whatsoever from any defect in or otherwise in connection with any goods supplied or work done by the Company. The fitting of non-genuine parts may invalidate the warranty. The warranty does not extend to any components not of the Company’s manufacture. Any such part or component is subject to the standard warranty period as offered by the individual manufacturer. These warranties do not extend to cover repair or replacement of moving or wearing parts due to normal fair wear and tear arising from use. All warranty goods returned to the Company are at the customers expense.