Terms - GoldBeach King 2

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         Terms and Conditions
Terms and Conditions of Sale

1. Interpretation
  1. In  these conditions: “Seller” means Sekiu Want   Ads   Says  “Buyer”  means the person   who accepts a quotation of the Seller for the  sale   of goods or whose order is accepted by the Seller.   “Goods” means the goods (including any instalment of   the goods  or any parts for them) which are supplied   to the Buyer by the  Seller in accordance with these   Conditions. “Conditions” means  the standard terms   and conditions of sale set out in this  document and   (unless the context otherwise requires) includes  any   special terms and conditions agreed in writing   between the Buyer and Seller. “Contract” means the   sales  contract between the Seller and Buyer for the   purchase and sale  of the Goods.
  2. Any reference in  these Conditions to any   provision of a statute shall be  construed as a   reference to that provision as amended,  re-enacted   or extended at the relevant time.
  3. The headings in these Conditions are for   convenience only and shall not affect their   interpretation.

2. Basis of sale
  1. The  Seller shall sell and the Buyer shall   purchase the Goods in  accordance with any written   quotation of the Seller which is  accepted by the   Buyer or any order of the Buyer which is  accepted by   the Seller. By accepting the Seller’s written   quotation or by placing an order for goods the Buyer   shall be  deemed to have accepted these Conditions,   which shall govern the  Contract to the exclusion of   any other terms and conditions.
  2. No  variation to these Conditions shall be   binding unless agreed in  writing between the   authorised representatives of the Buyer and  Seller.
  3. The Seller’s employees  or agents are not   authorised to make any representations  concerning   the Goods unless confirmed by the Seller in writing.    In entering into the Contract the Buyer acknowledges   that  it does not rely on and waives any claim for   breach of any such  representations which are not so   confirmed.
  4. Any  advice or recommendation given by the Seller   or its employees,  or agents to the Buyer or its   employees, or agents as to the  storage, application   or use of the Goods which is not confirmed  by the   Seller, is followed or acted upon entirely at the   Buyer’s own risk and accordingly the Seller shall   not be liable  for any such advice or recommendation   which is not so  confirmed.

3. Orders and specifications
  1. No  order submitted by the Buyer shall be deemed   to be accepted by  the Seller unless and until   confirmed in writing by the Seller’s  authorised   representative.
  2. The  Buyer shall be responsible to the Seller for   ensuring the  accuracy of the terms of any order   (including any applicable  specification) submitted   by the Buyer and for giving the Seller  any necessary   information relating to the Goods within a   sufficient time to enable the Seller to perform the   Contract in  accordance with its terms.
  3. The  quantity, quality and description of and any   specification for  the Goods shall be those set out   in the Seller’s quotation (if  accepted by the Buyer)   or the Buyer’s order (if accepted by the  Seller).
  4. If the Goods are to be  manufactured or any   process is to be applied to the Goods by  the Seller   in accordance with the specification submitted by   the Buyer, the Buyer shall indemnify the Seller   against all  loss, damages, costs and expenses   awarded against, or incurred  by, the Seller in   connection with, or paid or agreed to be paid  by,   the Seller in settlement of any claim for   infringement of any patent, copyright, design, trade   mark or  other industrial or intellectual property   rights of any other  person which results from the   Seller’s use of the Buyer’s  specification.
  5. The Seller  reserves the right to make any   changes in the specification of  the Goods which are   required to conform with any applicable  statutory or   EC requirements or where the Goods are to be   supplied to the Seller’s specification, which do not   materially affect their quality or performance.
  6. No  order which has been accepted by the Seller   may be cancelled by  the Buyer except with the   agreement in writing of the Seller  and on terms that   the Buyer shall indemnify the Seller in full  against   all loss (including loss of profit), costs   (including the cost of all labour and materials   used), damages,  charges and expenses incurred by the   Seller as a result of  cancellation.

4. Price of the goods
  1. The  price of the Goods shall be the Seller’s   quoted price or, where  no price has been quoted (or   a quoted price is no longer  valid), the price listed   in the Seller’s published price list  current at the   date of acceptance of the order. Where the Goods  are   supplied for export from the United Kingdom, the   Seller’s published export price list shall apply.   All prices  quoted are valid for 30 days only or   until earlier acceptance by  the Buyer, after which   time they might be altered by the Seller  without   giving notice to the Buyer.
  2. The  Seller reserves the right, by giving notice   to the Buyer at any  time before delivery, to   increase the price of the Goods to  reflect any   increase in the cost to the Seller which is due to    any factor beyond the control of the Seller   (including,  without limitation, the coming into   force or manufacture), any  change in delivery dates,   quantities or specifications for the  Goods which is   requested by the Buyer, or any delay caused by  any   instructions of the Buyer or failure of the Buyer to   give the Seller adequate information or   instructions.
  3. Except  as otherwise stated under the terms of   any quotation or in any  price list of the Seller and   unless otherwise agreed in writing  between the Buyer   and Seller, all prices are given by the Seller  on an   ex- works basis and where the Seller agrees to   deliver the Goods otherwise than at the Seller’s   premises, the  Buyer shall be liable to pay the   Seller’s charge for transport,  packaging and   insurance.
  4. The  price is exclusive of any applicable value   added tax, which the  Buyer shall be additionally   liable to pay the Seller.

5. Payment
  1. The  Buyer shall pay in the currency specified   the full price for  the Goods, including (unless   otherwise agreed in writing) any  transport,   packaging and insurance charges, within the period   specified in the Contract. The time of payment of   the  price shall be of the essence of the Contract.   Payment shall not  be deemed to be made until funds   have been cleared and credited  to the Seller’s   account. The Buyer shall not be entitled to  make any   deduction from such payment or exercise any right of   set-off or contribution howsoever arising.
  2. If  the Buyer fails to make any payment on the   due date then,  without prejudice to any other right   or remedy available to the  Seller, the Seller shall   be entitled to charge the Buyer  interest (both   before and after any judgement) on the amount  unpaid   at an annual rate of 4% above the prevailing base   rate of Barclays Bank Plc, London, which interest   shall accrue  on a daily basis from the date payment   becomes overdue until the  Seller has received   payment of the overdue amount together with  all   accrued interest.
  3. Any  and all costs incurred by the Seller in   collecting any amounts  outstanding, including legal   and other professional costs, are  for the Buyer’s   account.
  4. The  fact that a dispute (of whatever nature) has   arisen between the  Buyer and Seller shall not   entitle the Buyer to defer payment.
  5. Irrespective  of the payment term specified in   the Contract, the Seller is  entitled at any time to   withdraw any credit period granted to  the Buyer   without notice or to demand (cash against documents   at sight), payment in advance or to request the   provision  of security in such form as the Seller   deems fit in respect of  the full purchase price.

6. Delivery
  1. Delivery  of the Goods shall be made by the Buyer   collecting the Goods at  the Seller’s premises at any   time after the Seller has notified  the Buyer that   the Goods are ready for collection or, if some  other   place for delivery is agreed by the Seller, by the   Seller delivering the Goods to that place.
  2. 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 Goods may be delivered by the Seller in   advance of  the quoted delivery date upon giving   reasonable notice to the  Buyer.
  3. Where the Goods are to  be delivered in   instalments, each delivery shall constitute a   separate contract and failure by the Seller to   deliver any  one or more of the instalments in   accordance with these  Conditions or any claim by the   Buyer in respect of any one or  more instalments   shall not entitle the Buyer to treat the  Contract as   a whole as repudiated.
  4. If  the Seller fails to deliver the Goods for any   reason other than  any cause beyond the Seller’s   reasonable control or the Buyer’s  fault, and the   Seller is accordingly liable to the Buyer, the    Seller’s liability shall be limited to the excess   (if  any) of the cost to the Buyer of similar goods   (in the cheapest  available market) to replace those   not delivered over the price  of the Goods.
  5. If the Buyer  fails to take delivery of the Goods   or fails to give the Seller  adequate delivery   instructions at the time stated for delivery    (otherwise than by reason of any cause beyond the   Buyer’s  reasonable control or by reason of the   Seller’s fault) then,  without prejudice to any other   right or remedy available to the  Seller, the Seller   may:
    1. Store  the Goods until actual delivery and   charge the Buyer for the  reasonable costs   (including insurance) of storage; or,
    2. Sell  the Goods at the best price readily   obtainable and (after  deducting all reasonable   storage and selling expenses) account  to the   Buyer for the excess over the price under the   Contract, or charge the Buyer for any shortfall   below the price  under the Contract.
  6. The  Seller shall not be liable to the Buyer for   non-delivery if the  Buyer is in default of any of   its obligations under the  Contract.
  7. In the event of  normal water and/or road and/or   rail traffic being impossible or  hindered the Seller   may, without prejudice to Clause 9,  despatch the   Goods by appropriate alternative means, all  expenses   and/or extra expenses resulting therefrom being for   the Buyer’s account. The Seller shall not be liable   for any  delay in delivery due to such circumstances.
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