Subject to any variation under condition identified any of the terms hereunder the contract for the sale of goods shall be on these conditions to the exclusion of all other terms and conditions (including any terms and conditions which the customer purports to apply under any purchase order, confirmation order, communications, specification or other document). These terms constitute the entire Agreement between parties.
No terms or conditions endorsed on, delivered with or contained in the customers purchase order, confirmation of order, specification or other document shall form part of the contract simply as a result of such document being referred to in the contract.
These conditions apply to all the sellers sales and any variation to these conditions and representations about the products shall have no effect unless expressly agreed in writing and signed by a director of the seller. These conditions represent the entire Agreement between the parties. This contract is solely for the supply of goods as ordered by the Buyer to the Seller’s promotional documentation or through visual inspection, there are no other implied services or goods to be supplied by Seller hereunder.
The goods are supplied solely for the purpose for which they are intended and Seller shall not be liable for any other purpose to which they are put or utilised for. The Buyer shall at all times comply with the instructions delivered with the goods, failure to do so will cause this contract to become null and void.
Pricing and Description
All samples, drawings, descriptive matter, specifications and advertising issued by the seller and any descriptions or illustrations contained in the sellers website are issued or published for the sole purpose of giving an approximate idea of the products described in them. They shall not form part of the contract which is not a sale by sample.
All prices shown are in UK pounds sterling. Prices shown include VAT but not shipping. All shipping shall be at the buyers cost and will be added to order.
The Seller reserves the right to ask for payment in advance for any Buyer who has not done business with the Seller before.
Limitation of Liability
The following provisions set out the entire financial liability of the seller (including any liability for the acts or omissions of it’s employees, agents and sub-contractors) to the customer in respect of:
1. any breach of these conditions:
2. any use made or resale by the customer of any of the products, or of any product incorporating any of the products: and
3. and representation, statement or tortious act or omission including negligence arising under or in connection with the contract
4. nothing in these conditions excludes or limits the liability of the seller under the Sale of Goods Act (UK) 1979,
5. for death or personal injury caused by the sellers negligence; or
6. for any matter which it would be illegal for the seller to exclude or attempt to exclude its liability; or
7. for fraud or fraudulent misrepresentation.
The seller shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses arising from the supply of the subject goods.
Assignment
The seller may assign the contract or any part of it to any third party.
The customer shall not be entitled to assign the contract or any part of it without the prior written consent of the seller.
Unforeseeable Delays
The seller reserves the right to defer the date of delivery or to cancel the contract or reduce the volume of the products ordered by the customer (without liability to the customer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond reasonable control of the seller including, without limitation, acts of god, governmental actions, war or national emergency, acts of terrorism, protests, riots, civil commotion, fire, explosion, floods, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either parties workforce) or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a period in excess of 90 days the customer shall be entitled to give notice in writing to the seller to terminate contract.
Due to our products being handmade, SRC reserves the right to extend shipping times should we experience abnormally high demands for our products. In the event of this occurring, customers will be notified.
Exports Of Products
The products may be sold by the seller for export from the United Kingdom. The customer shall comply with all applicable legislation and regulations in the country of receipt and as such shall be liable for payment of any duties, import taxes or other costs of importation and receipt. The customer shall obtain all licences, authorisations and approvals required for import of products from the UK and if trans-shipping into any other country and shall indemnify the seller against any liability in relation to customers breach of any of the provisions of this condition and especially in relation to import duties and the like.
Right To Cancel
You have the right to cancel your order from the date requisition until 7 working days from the date of receipt of your item(s). Should you return your item(s), the consumer, is liable for the cost of shipping and applicable custom duties incurred. Returned item(s) must be received by Joe Powell Golf Ltd undamaged, unopened and in original packaging.
Any personalised and bespoke item(s) cannot be returned, are non-returnable and non-refundable.
Notice of cancellation must be received by email or letter direct to Joe Powell Golf Ltd.
General
Each right or remedy of the seller under the contract is without prejudice to any other right or remedy of the seller whether under the contract or not.
If any provision of the contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partially illegal, invalid, void, voidable, unenforceable or unreasonable, it shall to the extent be deemed severable and the remaining provisions of the contract and the remainder of such provision shall continue in full force and effect.
Failure or delay by the seller in enforcing or partially enforcing any provision of the contract shall not be constructed as a waiver of any of its rights under the contract.
Any waiver by the seller of any breach of, or any default under, any provision of the contract by the customer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the contract.
The parties to the contract do not intend that any term of the contract shall be enforceable by virtue of the contracts (Rights Of Third Parties) Act 1999 by any person that is not a party to it.
The formation, existence, construction, validity, performance and all aspects of the contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.