Terms of Sale
Terms and Conditions
1. Any reference to Company/Seller/We/Us shall mean GulfSport Racing LLC, PO Box 454 312, 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.
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.
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’sstatutory 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.
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.
27 These terms and this agreement (including an agreement concluded by means of distance communication) shall be interpreted in accordance with UAE Law.
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.
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.