DEFINITIONS
1. Any reference to Company/Seller/We/Us shall mean GulfSport Racing LLC,
PO Box 9588, Dubai, UAE who sell and supply specialist motorsport racewear,
equipment and accessories in the course of their trade or
business.
2. Any reference to You/Buyer/Purchaser shall mean any person, sole trader,
partnership business, body corporate or other entity detailed in the appropriate
section of the sale invoice/order form and shall include all
successors, heirs and assigns. Where the Buyer purchases product for use
in his trade or profession, it is agreed that such a Buyer shall mean a
Trade Buyer. Where a person deals entirely as a consumer, statutory rights
shall remain unaffected. Where the term Buyer appears within these terms
it will mean both Trade and Consumer Buyer / Purchaser unless specified
as relating to Trade Buyer or consumer Buyer individually.
3. Goods or equipment ordered shall mean the item detailed in the appropriate
section of the sales/order form and it shall be a core term to this agreement
that all additional parts, connecting components or ancillary items,
not detailed within the sales order form, shall be additional to this agreement.
4. Price shall mean the consideration due for purchase. Purchasers should
note that prices quoted may vary during the currency of brochures (upwards
and downwards) and current prices are quoted at the time of order.
GENERAL
5. ‘Working Day’ shall mean any day excluding Friday, Saturday
and Public holidays
6. These condition shall apply to all of the Company’s quotations,
contracts and orders (including, telephones, facsimile transmittal and postal
orders) for the sale or supply of goods accepted by the Company. For the
trade
Buyer, any other terms or representations, whether implied by stature, made
prior to, collateral with or subsequent to the contract or order are herby
excluded and shall not be binding upon the Company.
7. Brochure descriptions, website information and samples on display are
indicative only and any specifications, weights, measurements and technical
data (whether relating to performance or otherwise) have been
prepared by manufacturers and are for guidance only. Additionally, parts
or components pictured or described within brochures or website are for
illustration purposes only and may vary in size, specification, colour and
fitment dependent on the make and model of your vehicle. Buyers are therefore
required to check current specification, colour, weights and measurements
with manufacturers or the Company prior to order.
Manufacturers also allow tolerances within the manufacture of their products
and also reserve the right to amend specifications, without notice, in order
to improve products or where amendment becomes necessary.
Manufacturers may also alter specifications to improve products and the
Company shall endeavour to inform the Purchaser of any such amendments or
change.
8. The Company reserves the right to amend technical or clerical errors
in any order without notice. In addition, the Buyer shall ensure that all
details contained within the order are correct prior to submission to the
Company. Subsequent to delivery, the Company shall accept no liability for
any error or inaccuracy in order unless notified of such error within seven
days of delivery/receipt of any document containing the said error.
GUARANTEES
9. All guarantees for products are provided entirely by the manufacturer
and are subject to terms contained therein. Purchasers are reminded to complete
and return all warranty cards/documents upon receipt of goods
where appropriate.
LIMITATIONS UPON LIABILITY
10. Advice given by agents or servants of this Company is based entirely
upon information given by the Purchaser with no inspection undertaken. As
such, all advice given is indicative only and all such advice should be
checked by the Purchaser prior to order. Where advice is given after visual
inspection by agents or servants of this Company, such advice shall amount
to an opinion only. Additionally, goods supplied are supplied only to
correspond to the purpose for which goods of that kind are commonly supplied
and not alternative uses to which they may be put. No liability for failure
can be accepted by this Company for such alternative use,
amendments or modification.
11. For trade Buyers, the Company is hereby excluded from any liability,
howsoever arising, in respect of any express or implied condition, warranty
or term, statement, representation whether statutory or otherwise,
relating to the goods supplied. The Trade Buyer accepts that he is best
placed to insure against losses which arise by virtue of any breach of this
agreement and warrants that he carries adequate insurance in this respect.
12. Goods ordered by the Buyer may not be compatible with vehicles which
have been modified, adapted or altered. Where goods ordered by the Purchaser
are not compatible by reason of modification, adaptations or
alteration, the Company may accept such goods back into stock entirely at
its discretion, and shall either issue a refund or credit to the purchaser,
except where goods are specifically ordered for the purchaser where no
such refund or credit will operate.
13. Where goods purchased by the Buyer are alleged to be defective, the
Purchaser agrees to return such goods to the Seller for inspection and report
(without the Seller replacing the said goods prior to such inspection).
The Purchaser also accepts that it is reasonable to inform the Seller of
any interruption, defect or other failure prior to contacting independent
third parties or incurring expense and, in addition, to allow the Seller
to remedy
the defect, failure or interruption. Parts modified or adapted by the purchaser
shall no longer be warranted by the manufacturer nor shall the Company be
liable for any failures resulting subsequent to modification as a
result of such modification.
14. Competition goods are supplied for specialist use and are subject to
extreme heat and stress whilst in use. Life expectancy and durability are
greatly reduced and purchasers should note that any claim for failure/wear,
shall not be entertained by the Company. It is acknowledged by the Buyer
of such goods that the foregoing statement shall be a relevant and important
issue in any claim brought against the Company and the Company
shall, in turn, place importance upon this clause. In addition, parts connected
to parts supplied by this Company may be placed under stress where specialist/competition
parts are used, and purchasers should take advice
from experts prior to purchase. Manufacturers may also limit guarantees
when components are installed for competition use.
15. Where goods are defective, incorrectly supplied, delayed or otherwise
in breach of the implied terms of the Buyer’s statutory rights, all
losses which result from loss of competition points, awards, loss of entry
fees or
other similar losses are excluded and shall not be reclaimable from the
Company. In addition, the Company shall accept no liability for death or
personal injury unless caused directly by the Company’s own negligence.
16. No liability is accepted by the Company where purchasers attempt to
modify or install components supplied where it is known or ought reasonably
to be known to the Purchaser that the part supplied is incorrectly
supplied or otherwise not in accordance with the order.
17. The Company accepts no liability in respect of failure to supply or
other interruptions caused by matters beyond the reasonable control of the
Company, including but without limitation, strikes, lockouts, civil disputes,
acts of god, war or actions by third party.
PAYMENT TERMS
18. Quotations are given on the assumption that no variation in the prices
will be made by the manufacturer/sole importer and that government levies
remain unaltered. In the event of such changes, the trade Buyer shall
be liable for the full cost of any change without notice from the Company.
A consumer Buyer shall be contacted by the Company and consent of any price
increase obtained. Where no such consent is obtained, the
consumer Buyer’s agreement to purchase shall be treated as cancelled.
Buyer’s are herby informed that calling down of smaller quantities
and material than ordered may increase the overall price per unit given
reduced
economies of scale in order. The resultant additional cost shall be borne
by the Buyer.
19. Unless otherwise stipulated within the sales invoice/order form, all
accounts are payable with order or otherwise in accordance with the payment
terms of the trade Buyer’s credit account. Where default occurs, an
additional charge of 3% of the total invoice will be levied to the transaction.
TITLE AND DELIVERY
20. Ownership or Title to the product shall not pass to the Buyer until
the Company has received payment in full. In the event that sums owing in
respect of other items ordered remain due, apportionment by this Company
shall take place without prejudice to the right to retain title or ownership
in respect of all goods ordered.
21. Delivery times will be quoted at time of order and all times given for
despatch or delivery are approximate and time shall not be of the essence.
The Buyer agrees to give 20 days in any written notice making time of the
essence, such notice to commence subsequent to the last time for delivery
quoted by the Company. The Buyer further agrees to accept full liability
in respect of delayed or late delivery or dispatch prior to the expiry of
any
such notice. In respect of special order goods, the Buyer acknowledges that
further delays may occur and allows the Company 30 days in any written notice,
such notice to commence subsequent to the last time for
delivery quoted by the Company. In any event, delivery times are approximate
and variable. When delivery is effected to the purchaser directly or to
an independent delivery contractor as agent for the purchaser, risk shall
pass to the Buyer immediately.
22. The Buyer is required to notify the Company in writing of any shortage,
misdelivery or other discrepancy immediately, or at the latest within seven
days of such shortage, misdelivey or failure, thereafter the Buyer shall
be liable for any such discrepancy. Where delivery is affected to the Buyer’s
own independent delivery contractor, loss or damage in transit claims should
be made directly to the carrier. The Company will assist
purchasers in making their claim. Buyers should retain all packaging in
the event of a claim or return within the terms of this agreement.
23. Delivery and packaging prices indicated within the Company’s brochures
and internet site are subject to change and will be confirmed at the time
of order. Buyers outside the UAE shall be quoted approximate prices
for delivery and packaging prior to order confirmation. If required the
Company shall quote for delivery and packaging in such instances and confirmation
of acceptance shall be required from the Buyer prior to acceptance
of order.
CANCELLATON OF ORDERS AND LIABILLITY
24. Goods purchased and delivered to the Buyer otherwise than by means of
distance communication (including a trade Buyer) may be returned to the
Company in original packaging (and without being installed or Used,
and with all relevant seals and enclosures intact) for credit within 7 days
of receipt by the Buyer, subject to a restocking charge of not less than
10% of the value of the order. Credit shall be subject to the Buyer producing
proof of purchase and returning goods, carriage paid. Special order goods
shall not be returnable by virtue of this clause.
25. The Trade Buyer shall indemnify the Company against all actions, claims,
demands, penalties and costs brought by or incurred by third parties or
this Company in tort, contract, infringements of, or alleged
infringements of patents or registered designs or otherwise arising in connection
with goods or their delivery or unloading or with work done by the Company
in accordance with the Buyer’s specification.
26. The Buyer confirms that he shall comply with any or all rules and instructions
relating to installation and use of the product concerned and fully accepts
that any loss which results from forced, misdirected, inappropriate
or unqualified installation or use shall not be accepted by the Company.
JURISDICTION
27 These terms and this agreement (including an agreement concluded by means
of distance communication) shall be interpreted in accordance with UAE Law.
RETURNS
28. Goods which prove unsuitable may be returned for refund, credit or exchange
if they are returned to us within 7 Days of receipt, subject to the following
conditions:
Items are returned carriage paid.
Items are received in a re-saleable condition
Items should be returned unused in their original condition in order to
secure a refund
Items are returned complete with all packaging in good condition. We reserve
the right to levy a charge to replace product packaging which is damaged
or defaced.
Items returned after 7 days from receipt may be subject to a restocking
charge of not less than 10%.
We cannot accept any items which have been specially ordered or manufactured
to your specification for return.
All returns are to be accompanied by the sender’s name and address,
account number, invoice number (these are found on the invoice) and reason
for return.
We cannot accept responsibility for returned parcels which are undelivered,
please retain your proof of packages etc. You may require it in the event
of a claim with your carrier.
We are not responsible for any labour charges incurred during fitment or
removal of allegedly faulty (or incorrectly supplied) parts.
29. Products are not provided on a trial basis. Any discrepancies with orders
must be reported within 5 days of receipt. Please note that we cannot be
held responsible for incompatibility issues or accept responsibility for
any consequential or indirect loss no matter how incurred.
30. Please advise us of any problems with shortages or carrier’s damage
within 5 days of receipt. We regret that beyond this time due to circumstances
beyond our control we may be unable to process your claim.
DEPOSITS
31. Non-stock or special order items require a deposit of 50% of the order
value. The deposit is non-refundable in the event of cancellation of the
order for whatever reason.
CREDIT CARD PAYMENTS
32. Invoices settled by Credit Card are subject to a 2% charge calculated
on the invoice amount in excess of Dhs 10,000.