“Seller” means GOT Baits Ltd: The party providing the goods under these terms and conditions.
“Buyer” means the party contracting with the Seller to acquire the goods supplied under these terms and conditions.
Payment is due at time of checkout, The goods remain the Seller’s property until the Buyer has paid for it and discharged all other debts owing to the seller.
GOT Baitds Ltd does not offer Credit Facilities.
Unless otherwise agreed in writing, delivery times are a guide only and the Seller will make every effort to adhere to proposed timescale although no compensation will be provided in respect of a late delivery.
Delivery costs are variable and subject to change at no notice, all delivery fees will be clearly stated at time of checkout, ie. the Buyer will be notified of the delivery charge at the time of the order.
Advice of damage, delay or loss of goods in transit or of non-delivery must be given in writing to the Seller and the carrier within three clear days of delivery (or, in the case of non-delivery, within 3 days of notification of despatch of the goods) and any claim in respect thereof must be made in writing to the Seller and the carrier within seven clear days of delivery (or, in the case of non-delivery, within seven days of notification of despatch). All other claims must be made in writing to the Seller within 14 days of delivery. The Seller shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the Buyer proves that (i) it was not possible to comply with the requirements and (ii) the claim was made as soon as reasonably possible.
If the goods are defective so that the Buyer may in law reject it, said rejection must take place within 7 days of delivery of goods, failing which the Buyer will be deemed to have accepted the goods.
In the event of all or any claims or rejections the Seller reserves the right to inspect the goods within 7 days of the claim or rejection being notified.
Insofar as is permitted by law where goods are defective for any reason, the Seller’s liability (if any) shall be limited to rectifying such defect, or crediting its value against any invoice raised in respect of the goods.
Where the Seller performs its obligations to rectify defective goods under its condition the Seller shall not be liable for indirect loss, consequential loss or third party claims occasioned by defective goods and the Buyer shall not be entitled to any further claim in respect of the goods nor shall the Buyer be entitled to repudiate the contract, refuse to pay for the goods or cancel further deliveries.
Defective goods must be returned to the Seller before replacement or credits can be issued. If the subject goods are not available to the Seller, the Seller will hold that the Buyer has accepted the goods and no credits or replacement goods will be provided.
The Seller shall not be liable for indirect loss, consequential loss or third party claims occasioned by delay in completing the delivery of ordered goods or for any loss to the Buyer arising from delay in transit, whether a result of the Seller’s negligence or otherwise.
Where the Seller offers to replace defective goods the Buyer must accept such an offer unless they can show clear cause for refusing to do so.
The Seller shall be under no liability if they are unable to carry out the provision of the contract for any reason beyond their reasonable control including (without limiting the foregoing): delayed Customs clearance; Act of God; legislation; war; fire; flood; drought; inadequacy or unsuitability of any instructions supplied by the Buyer; failure of power supply; lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute; owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Buyer may by written notice to the Seller elect to terminate the contract and pay for goods already supplied, but subject thereto shall otherwise accept delivery when available.
These conditions and all other express and implied terms of the contract shall be governed and construed in accordance with the laws of England and the parties agree to submit to the jurisdiction of the courts of England and Wales.
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