Conditions of Sale

STANDARD TERMS AND CONDITIONS FOR THE SALE OF GOODS (SCOTLAND)

1. Application of Conditions

1.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with any quotation or offer of the Seller accepted by the Buyer, or any order of the Buyer accepted by the Seller.

1.2 These Conditions shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made by the Buyer.

2. Interpretation

2.1 In these Conditions:-

• "Business Day" means any day other than a Saturday, Sunday or public holiday in Scotland.

• "Buyer" means the person who accepts a quotation or offer of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller.

• "Calendar Day" means any day of the year.

• "Contract" means the contract for the purchase and sale of the Goods under these conditions.

• "Conditions" means these standard terms and conditions of sale.

• "Delivery Date" means the date on which the Goods are to be delivered as stipulated in the Buyer's order and by placing an order is deemed accepted by the Seller.

• "Goods" means the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these Conditions.

• "Month" means a calendar month.

• "Seller" means Tempo Sports Ltd.

• "Writing" includes email and comparable electronic communications.

2.2 Any reference in these Conditions to a statute or statutory provision shall be construed as a reference to that statute or provision as amended or re-enacted at the relevant time.

3. Basis of Sale

3.1 The Seller’s employees or agents have no authority to make representations regarding the Goods unless expressly confirmed in writing by the Seller. The Buyer acknowledges that they do not rely on any representations not confirmed in writing.

3.2 No amendment or variation to these Conditions shall be effective unless agreed in writing by the authorised representatives of both the Buyer and the Seller.

3.3 Any sales literature, price lists, or other documents issued by the Seller are subject to change without prior notice and do not constitute binding offers to sell the Goods.

 

4. Orders and Specifications

4.1 No order submitted by the Buyer shall be deemed accepted unless confirmed in writing by the Seller.

4.2 The Seller reserves the right to amend specifications of Goods to conform with any applicable legal or regulatory requirements.

4.3 Orders cannot be cancelled by the Buyer except with the written agreement of the Seller, and the Buyer shall indemnify the Seller for any costs incurred as a result of cancellation.

5. Price

5.1 The price of the Goods shall be as stated on the Seller’s website or as otherwise agreed in writing.

5.2 Prices are exclusive of any applicable value-added tax (VAT) or similar charges.

6. Payment

6.1 The Buyer shall pay the full price at the time of purchase of the goods unless otherwise agreed by the seller or the sellers representative.

6.2 Payment shall be made in Pounds Sterling to one of the Seller’s designated payment methods.

7. Cancellation

7.1 The Buyer has a right to cancel within 3 working days of order placement, except for customised Goods or Goods already dispatched for delivery. In such cases, a full refund will be provided.

8. Delivery

8.1 Delivery shall be made to the Buyer’s specified address at the time of order

8.2 The Delivery Date is approximate, and time shall not be of the essence unless agreed otherwise in writing.

9. Risk and Retention of Title

9.1 Risk passes to the Buyer upon delivery.

9.2 Ownership remains with the Seller until full payment is received.

9.3 If the Buyer fails to pay, the Seller may repossess the Goods.

 

 

10. Limit of Liability

10.1 Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this clause.

10.2 Subject to the clauses on Inspection and Acceptance and Risk and Title, all warranties, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.

10.3 If we do not deliver the Goods, our liability is limited, subject to the clause below, to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.

10.4 Our total liability will not, in any circumstances, exceed the total amount of the Price payable by you.

10.5 We will not be liable (whether caused by our employees, agents or otherwise) in connection with the Goods, for:

10.6 any indirect, special or consequential loss, damage, costs, or expenses; and/or

10.7 any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; and/or

10.8 any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and/or

10.9 any losses caused directly or indirectly by any failure or breach by you in relation to your obligations; and/or

10.11 any loss relating to the choice of the Goods and how they will meet your purpose or the use by you of the Goods supplied.

10.12 The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation.

11. Returns and Refunds

11.1 The Buyer may return Goods within 7 days if unsatisfied, provided they are in their original condition.

11.2 Customised Goods are non-refundable unless faulty.

12. Guarantees

12.1 Goods are guaranteed against manufacturing defects for 6 months.

13. Confidentiality

13.1 The Buyer shall keep confidential all proprietary information of the Seller.

14. Communications

14.1 Notices must be in writing and delivered by hand, post, or email.

15. Force Majeure

15.1 Neither party shall be liable for failure to perform obligations due to events beyond their control.

16. Waiver

16.1 No waiver by the Seller of any breach shall be deemed a waiver of any subsequent breach.

17. Severance

17.1 If any provision is found invalid, the remainder shall still apply.

18. Third-Party Rights

18.1 No third party shall have rights under this Contract.

19. Consumer Rights

19.1 These Terms do not affect the Buyer’s statutory rights under Scottish consumer law.

20. Governing Law and Jurisdiction

20.1 This Contract shall be governed by and construed in accordance with Scottish law, and the parties submit to the exclusive jurisdiction of the Scottish courts.

21. Inspection and acceptance of Goods

21.1 You must inspect the Goods on delivery.

21.2 If you identify any damages or shortages, you must inform us in writing within 10 days of delivery, providing details.

21.3 Other than by agreement, we will only accept returned Goods if we are satisfied that those Goods are defective and if required, have carried out an inspection.

21.4 Subject to your compliance with this clause and/or our agreement, you may return the Goods and we will, as appropriate, repair, or replace, or refund the Goods or part of them.

21.5 We will be under no liability or further obligation in relation to the Goods if:

you fail to provide notice as set above; and/or

21.6 you make any further use of such Goods after giving notice under the clause above relating to damages and shortages; and/or

21.7 the defect arises because you did not follow our written instructions about the storage, use and maintenance of the Goods; and/or

21.8 the defect arises from normal wear and tear of the Goods; and/or

21.9 the defect arises from misuse or alteration of the Goods, negligence, wilful damage or any other act by you, your employees or agents or any third parties.

21.10 You bear the risk and cost of returning the Goods.

21.11 Acceptance of the Goods will be deemed to be upon inspection of them by you and in any event within 1 day after delivery.

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