1. DEFINITIONS & INTERPRETATION
In these conditions the following words & terms will have the following meanings:
Buyer means the person(s), firm or company who purchases the goods from the Company.
Company means Amaya Sales UK Ltd.
Delivery Location shall mean the address for delivery of the Goods set out in the Order.
Goods means any goods agreed under these terms to be supplied to the Buyer by the Company.
Contract means any contract between the Company & the Buyer for the sale and purchase of any Goods incorporating the Order, the Company’s acceptance of the Order (in writing) and these Terms and Conditions.
Order means the Order for the supply of the Goods placed by the Buyer with the Company.
Warranty Period means such warranty period as confirmed within the Company’s acceptance of the Order.
These Terms & Conditions apply to all sales of goods and services by the Company to the Buyer and shall apply in place of and prevail over any terms or conditions contained or referred to in the Buyer’s order or in correspondence or elsewhere.
The prices quoted are always exclusive of VAT.
Our quotations lapse after 14 days (unless otherwise stated)
The price quoted excludes delivery (unless otherwise stated)
4. DESCPRIPTION OF GOODS
All drawings, illustrations, specifications & descriptions of the Goods issued or published by the Company are for general information purposes only and shall not form part of the
The Company reserve the right at any time without prior notice to the Buyer to alter or change the design, specification, materials and or finish of the Goods and the Buyer acknowledges and agrees that it shall not, by reason of any such alteration or change, have the right to reject the Goods or to take action for breach of contract.
All delivery times quoted are estimates
The Company shall deliver the Goods to the Delivery Location and delivery of the Goods shall be deemed to have occurred immediately upon arrival of the Goods at the Delivery Location or in the event of Export from the UK at the port of entry into the receiving country.
In the event of any delivery delay due to Force Majeure (as defined in clause 13) If the Buyer accepts delivery of the Goods after the estimated delivery time, the Buyer shall have no claim against the Company for any loss to the Buyer arising from the delay in delivery including indirect or consequential loss. Furthermore, the Company is not responsible for any delivery delays as a result of import procedures into a country other than the UK.
The Company may at its discretion deliver the Goods in instalments. Each instalment is treated as a separate
The Company may decline to deliver if:
The Company believes that it would be unsafe, unlawful or unreasonably difficult to do so; or the premises or access to it is unsuitable for the delivery vehicle
Delivery charges are as detailed on price lists & website and are subject to change without prior notice due to any increase in the direct cost to the Company of delivery of the Goods. Delivery charges are based on deliveries carried out between 8.00am and 5.30pm Monday to Friday (unless otherwise agreed) Additional charges may be applied for delivery outside of these hours.
6. DAMAGE, SHORTAGE, NON DELIVERY & RETURNS
All claims relating to Non-Delivery of Goods, damaged goods, or short deliveries must be made to the Supplier in writing within 5 days of receipt. Without written notification the Supplier shall not be liable for the replacement or compensation of the Goods and the Buyer is liable for the payment of the invoice for the Goods.
Goods that have been specifically ordered by the Buyer cannot be returned unless agreed by the Company. If agreement is reached the return must be made in 14 days and there will be a 20% re-stocking charge. Goods cannot be returned if they are marked or damaged.
The Goods are at the Buyer’s risk from the time of delivery.
Delivery of the Goods is deemed to have been effected either on collection from the Company’s premises (if the Buyer is arranging to collect them) or on delivery to the Delivery Location.
The Buyer must inspect the Goods on delivery. If the Goods are damaged or not delivered, the Buyer must write to the Company within five days of receipt of the goods. The Buyer must give the Company (and any carrier) a fair chance to inspect the damaged goods.
The Company warrants that, for the Warranty Period, the Goods will:
- conform in all material respects to their description and specification
- be free from material defects in design, material and workmanship;
- be of satisfactory quality within the meaning of the Sale of Goods Act 1979, as amended.
- be fit for any purpose held out by the
The Company will, at its discretion, repair, replace or refund the price of defective Goods, provided that:
- the Buyer informs the Company in writing during the Warranty Period within 10 days of discovery that some or all of the Goods do not comply.
- the Buyer gives the Company a reasonable opportunity to examine the defective Goods.
The Company will not be liable for any failure of the Goods to comply: clause
9.1.1. where such failure arises by reason of fair wear and tear, wilful damage, negligence, abnormal working conditions, or could be expected to arise in the normal course of use of the Goods;
9.1.2. to the extent caused by the Buyer’s failure to comply with the Company’s instructions or good practice with regard to storage, installation, commissioning, use or maintenance of the Goods
9.1.3. where the Buyer repairs or alters any Goods without the Company’s prior written agreement;
9.1.4. where the Buyer uses any consumable products not recommended by the Company in the use of the Goods;
In particular, the conditions implied by Sections 13–15 of the Sale of Goods Act 1979 are expressly excluded.
The Buyer shall pay for any equipment, in full, on or prior to the delivery date (unless the Parties have agreed otherwise)
Service work is payable on
Consumable orders are due for payment according to the terms agreed with the
If the Buyer fails to pay the Company in full on the due date the Company may suspend or cancel future deliveries and service, cancel any discounts offered to the Buyer and withdraw credit facilities without notice.
Title to the Goods shall remain with the Company and will only pass to the Buyer when payment has been made in full for the Goods.
12. LIMITATION OF LIABILITY
The Company’s total liability to the Buyer in connection with any and all claims arising out of or in connection with the performance or contemplated performance of the Contract shall not exceed the Total Contract Price.
Furthermore, the Company will not be liable for any duties, taxes or customs clearance
charges as a result of exporting from the United Kingdom.
In no circumstances shall the Company be liable to the Buyer for loss of income, profit, business, contract, depletion of goodwill, wasted expenditure or any other economic loss direct, indirect or consequential.
13. FORCE MAJEURE
If the Company is unable to perform their obligations to the Buyer (or able to perform them only at unreasonable cost) because of circumstances beyond the Company’s control, the Company may cancel or suspend any of our obligations to the buyer, without liability. Examples of those circumstances include acts of God, accident, explosion, war, terrorism, fire, flood, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.
The Company may stop all goods in transit and suspend further deliveries and may by notice terminate the Contract if the following events occur:
- If a bankruptcy order or receiving order is made against the Buyer
- If a receiver is appointed over any assets of the Buyer
- The financial responsibility of the Buyer, shall in the opinion of the company, become impaired.
English law is applicable to any Contract made under these terms. The English and Welsh courts have non-exclusive
If the Buyer is more than one person, each Buyer is liable for all the Buyer’s obligations under these terms
If any of these terms are unenforceable as drafted:
- it will not affect the enforceability of any other of these terms and
- If it would be enforceable if amended, it will be treated as so
Notices under the Contract will be in writing and sent to the persons and addresses set out in the They may be given, and will be deemed received:
- by first-class post: two Business Days after posting;
- by hand on delivery;
- by e-mail: on receipt of a delivery or read receipt mail from the correct
No delay, act or omission by either party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
The Contract is not enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.