1.1 “Contract” means the contract for the sale and purchase of the goods.
1.2 “Customer Material” means any documents, plans, drawings, specifications, logos, details, artwork, pictures or any other records of information in any form provided by You to Us in connection with the goods.
1.3 “Delivery” means when goods arrive with You.
1.4 “Dispatch” means when goods leave Us.
1.5 “In writing” means communication by letter, fax or email providing that it is in conformance with these Terms.
1.6 “Order Confirmation” means a written confirmation of Acceptance of Your order by Us sent to You by email, fax or letter.
1.7 “Parties” means You and Us.
1.8.”Quotation” means a formal written quotation describing the specification of the goods to be supplied by Us
1.9 “Terms” are these Terms and Conditions of sale
1.10 “Us” or “Our” or “We” are Gammatex, a company registered in England number 04226935 . Our registered office is Mercian House, Watling Street, Cannock, Staffs, WS11 0BD, United Kingdom and our company email is email@example.com
1.11 “You” or “your” is you, the customer, the purchaser of our goods and services contracting with Us.
1.12 “K” when used in our Quotation or other documentation issued by us is an abbreviation for 1000 when used in such an appropriate context.
2. General Terms & Conditions
2.1 Please read these Terms carefully as these Terms tell You the rights and obligations You have and shall govern the Contract between the Parties to the entire exclusion of any other express or implied conditions including any terms or conditions which You may purport to apply under any purchase order, confirmation of order or similar document. Acceptance by Us of any order is Conditional on You accepting that the contract will be governed solely by these Terms. In particular, it is agreed that any Purchase Order or similar document from You relating to Our quotation is intended to accept these Terms and the Quotation, but is otherwise for Your own administrative purposes only.
2.2 These Terms and the Quotation embody the entire understanding of the Parties and supersede any prior promises representations, undertakings and understandings between the Parties and may only be modified by a variation in writing signed on behalf of Us by one of Our Company Directors and no other action on the part of Us (whether delivery of the goods or otherwise) shall be construed as an acceptance of any other condition.
2.3 We do not sell to consumers and You warrant that You are not a “consumer” within the meaning of any applicable regulations.
2.4 You may have other rights granted by law including statutory rights and these Terms do not affect these.
2.5 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, order confirmation or other document or information issued by Us shall be subject to correction without any liability on the part of Us.
2.6 Communication by telephone, verbal instruction, fax or email is legally binding providing that it is in conformance with these Terms.
2.7 The opening or receipt of any documentation by You referring to our Terms and Conditions indicates an acceptance of and agreement to them unless otherwise expressly rejected or disputed by You and with direct reference to the offending clause or term.
3. Secrets and Intellectual Property Rights
3.1 The Parties will keep any confidential information disclosed by the other secret and will not use or take advantage of it without the other’s agreement. This does not apply to information known to the receiver before it was disclosed in connection with a contract, or which becomes public knowledge without the fault of the receiver.
3.2 Intellectual Property Rights in any documents, correspondence, software or goods originating from Us are and remain Our property.
4. Your Obligations
4.1 You warrant that:
4.1.1 You are solely responsible for satisfying Yourself as to the suitability of the goods for any particular purpose and You rely solely on Your own skill and judgment and not Our skill and judgment in determining such suitability.
4.1.2 The individual who is placing the order on behalf of You is authorised by Your company to do so.
4.1.3 All Customer Material instruction or advice submitted by You or by any third party on behalf of You in relation to the goods at any time is accurate and suitable for use;
4.1.4 You shall at Your own expense:
18.104.22.168 give Us any necessary Customer Material within a sufficient time to enable Us to perform the Contract in accordance with these Terms and the Order Confirmation; and
22.214.171.124 retain duplicate copies of all Customer Material and insure against its accidental loss or damage;
4.1.5 the Customer Material will not be defamatory or illegal; and
4.1.6 the Customer Material will not infringe the intellectual property rights of any third party and that You have obtained all necessary consents to enable the Customer Material to be used as contemplated in the order placed.
4.1.7 You, Your employees and any third party You do business with, have not and will not offer, promise, give or accept any bribes, gifts, hospitality or expenses to any party (including foreigh officials, private businesses and public bodies) that could influence the outcome of any business transaction with Us as we have a zero tolerance policy to bribery in accordance with UK legislation.
4.2 You shall indemnify Us against any loss, costs (including legal fees and VAT thereon), damages, claims, charges and expenses incurred by Us as a result of:
4.2.1 any breach by You of the warranties set out in these Terms;
4.2.2 the inaccuracy of the Customer Material, instructions or advice;
4.2.3 failure to supply the same within a sufficient time to enable Us to perform the contract to produce the goods in accordance with its terms;
4.2.4 any claim by a third party against Us for an infringement of any intellectual property rights of any other person or organisation which results from the Our use of Your specification or the Customer Material .
5.1 Unless stated otherwis