GCL Products Ltd – Terms and Conditions of Sale

  1. GENERAL

These terms and conditions will apply to and be deemed to form part of any contract for sale of goods entered into with GCL Products Ltd ("the Company"). Where these terms and conditions are in conflict with those set out in any specification, offer to purchase or order received from the customer, these terms and conditions will prevail unless otherwise agreed by the Company in writing.

2. VALIDITY

A quotation given by the Company is valid for 30 (thirty) days from the date of the quotation unless otherwise agreed by the Company in writing.

3. PRICES

Prices quoted are based on current rates of wages, prices of material, freight and insurance. This acceptance or quotation is submitted on the condition that the Company reserves the right to amend its prices to cover any increase in such rates subsequent to such submission. The Company further reserves the right to amend its prices where a quotation is based on a stated quantity which is greater or less than the quantity ordered.

4. DELIVERY

The delivery date given by the Company is the best estimate at the time and is likely to fluctuate prior to receipt of a firm order from the customer. The Company will make all reasonable efforts to deliver goods on the date given but the Company cannot accept liability for delay or non-delivery occurring for any reason whatsoever.

Where an order is placed for goods to be supplied to the customer against time schedules sent to the Company from time to time by the customer, the number or quantity of goods stated in the order must be accepted by way of delivery within 12 (twelve) calendar months from the date of such order or such other period as the Company has agreed in writing.

5. CARRIAGE

The Company reserves the right to charge packing and carriage on all orders from the Company's operating addresses in the United Kingdom to the point of delivery.

6. SAMPLES

Notwithstanding that any sample may be exhibited and inspected by the customer to enable the customer to judge the quality of the goods, it shall not constitute a sale by sample under the contract.

Any samples exhibited under this clause will remain the property of the Company and will be returned immediately on request.

7. DEFECTIVE GOODS

The Company's liability in respect of any defect or failure of the goods supplied or for any loss, injury or damage attributable thereto is confined to making good by replacement or repair any defects in the goods themselves arising from faulty design or workmanship on the part of the Company.

The Company's liability is further limited to defects reported to the Company in writing by recorded delivery post within 3 (three) months from the date of despatch of those goods to the customer by the Company.

The customer will assume responsibility for the goods being of sufficient suitability and quality for the customer's purpose.

8. OWNERSHIP

So long as any money owing to the Company by the customer is outstanding in respect of goods sold subject to these terms and conditions, the property in such goods delivered to the customer or to the customer's order will not pass to the customer and the Company will retain title to such goods until the customer's indebtedness to the Company has been discharged in full. 

Until all monies are paid in full, the customer will hold goods delivered by the Company on a fiduciary basis as bailee for the Company, and should any such goods be re-sold by the customer, the customer will hold the proceeds of such sale on a like fiduciary basis on the Company's behalf until the total amount of the customer's indebtedness to the Company has been discharged.

Until such time as the property in the goods pass from the Company, the customer will upon request deliver up such of the goods as have not ceased to be in existence or been re-sold, to the Company. If the customer fails to do so, the Company may enter upon any premises owned, occupied or controlled by the customer where the goods or any item thereof is situated and re-possess the goods or any item thereof.

9. PAYMENT

Unless otherwise agreed in writing by the Company, payment for the goods including any VAT, will be made by the customer by the end of the month following the month of delivery on approved accounts.

10. DIVISIBILITY

With reference to blanket orders for goods that are subject to call off and to be delivered in instalments, the Company will be entitled to invoice for each instalment as and when each instalment is delivered and invoices will be due and payable on agreed terms in their own right notwithstanding that they are part of a blanket order.

11. LAW

The contract and these terms and conditions will be governed by and construed in accordance with the laws of England and Wales and the parties hereby submit to the jurisdiction of such courts.

The unenforceability or invalidation of any part of the foregoing terms and conditions will not render unenforceable, invalidate or otherwise affect any other part of the said foregoing terms and conditions or clauses thereof.