Terms & Conditions of Sale
1. PURCHASE PRICE
The purchaser agrees to pay amounts equal to any taxes (including Value Added Tax) paid or payable by the seller charged on the
sale of the equipment, excluding however, taxes assessed upon profits
2. PROPERTY PASSING
All Goods and services supplied by Goldline Computers & Communications Limited remain the absolute property of Goldline
Computers & Communications Limited until paid in full and honoured by the relevant bank. GCCL shall have the absolute right to reclaim goods (or services), unpaid for, from the customer or their agent, wherever the goods are situated, including the premises of a third party to whom the goods have been sold, even if this was done in good faith.
Where goods have been supplied but not paid for and the goods have been incorporated by the customer into other goods or a new
product line, then Goldline Computers & Communications Limited shall have the right to reclaim the other goods or product to retain
the entire proceeds from the sale of these ‘other goods’ or ‘product’. For avoidance of doubt Section 48 of the Sale of Goods Act is
excluded from these terms and conditions of trading by a contrary intention.
Where goods have been supplied but not paid for and the customer has gone into receivership, administration or has otherwise
ceased trading and the Receiver or Administrator has sold on the goods (even in good faith) then the receiver or Administrator shall
themselves become liable for the entire cost of the goods. For avoidance of doubt, the effect of this shall be as if the Receiver or
Administrator has purchased the goods (themselves) in the first instance.
Delivery of the equipment shall be effected when the equipment is removed from a vehicle at the delivery address, and henceforth
the equipment shall be the risk of the purchaser in all aspects. Delivery of the equipment at the delivery address shall be completed
within the contracted period. The purchaser will be deemed to have accepted the goods as they were delivered. Prior to the
purchase price being paid in full and the equipment having being accepted as above by the purchaser, the purchaser or any other persons to whom the purchaser may subsequently sell the equipment assumes no authority without written consent by the seller to modify, amend, upgrade, repair or replace any parts of the equipment delivered. The seller will not be held responsible for any costs howsoever incurred by the purchaser or subsequent purchaser if written authority if written authority by the seller has not been given regarding any such costs.
4. PAYMENT TERMS
Payment terms for individual companies are stated on each individual contract, which is agreed to and signed by both parties (if a
contract is not signed, Goldline’s terms and conditions still apply). These terms are clearly stated and must be upheld at all times by
the purchaser. In cases of late payment Goldline reserves the right to charge the purchaser 8% interest of the total value of the
invoice. If payment is late, by more than seven days, than the invoice will be passed to Goldlines’ solicitor. All training costs are to
be paid within 7 days after the receipt of training taking place. If no contract is in place, then all goods need to be paid for prior to
them being dispatched to the purchaser.
5. EXTENSION OF BENEFITS
The seller will use its best endeavours to extend to the purchaser the benefits of any condition of warranty, which may have been
given to the seller by any manufacturing or vendor or otherwise implied in favour of the seller provided always that the equipment is
not sold with or subject to any conditions or warranty express or implied by statute description or otherwise all such conditions and
warranties are hereby expressly excluded and so that the terms of any such condition of warranty given by the manufacturer are
only extended to the purchaser on terms that the purchaser fully indemnified the seller against all costs, claims, damages and
expenses incurred or to be incurred in connection with the enforced thereof.
6. LIABILITY OF THE SELLER
The liability of the seller to the purchaser hereunder shall be limited to replacement of the equipment supplied under this agreement
by equipment of the same manufacturer and model or the return to the purchaser of any monies already paid by the purchaser to
the seller which in no circumstances shall exceed the above mentioned total price for the equipment. Under no circumstances does
the liability of the seller include any liability for consequential loss howsoever caused. Unless otherwise agreed in writing, no liability
shall attach to the seller if delivery of the equipment is prevented or delayed for any reason whatsoever.
The seller shall have the option without prejudice to any of its other rights against purchasers to rescind this contract or any other
contract(s) with the purchaser by giving notice in writing to the purchasers should any sum owing by the purchaser to the seller by
overdue by more than fourteen days or should the purchaser go into liquidation or any other supervision or receivership.
8. ORDER CANCELLATION
Where the purchaser wishes to cancel all or part of the contract, it shall be the absolute discretion of the seller in writing whether
or not to accept such cancellation. In the event of the seller accepting any costs incurred in respect of the equipment purchased by
the seller prior to notification of the wish to cancel and purchased Specifically to fulfil the contract shall continue to remain payable
to the seller with any costs reasonably incurred by the seller prior to such notification.
Prior to payment by the purchaser, the equipment will not be assigned by the purchaser without the written consent of the seller,
which the seller shall be entitled at it’s discretion to refuse.
10. UK PRICE CHANGES
In the case of machines being supplied new from the manufacturer, the purchase price shall be directly related to the manufacturer.
Purchase price ruling at the time of delivery, and any changes in the manufacturers purchase price at the time of delivery of the
equipment from the manufacturer shall result in a pro-rata change in the purchase price by the purchaser.
11. PURCHASERS RESPONSIBILITIES
The purchaser agrees that the following will be carried out by the purchaser :- Installation planning for the equipment, as set forth in
the manufacturers installation planning manual for the equipment. Implementation on planning activities inc:- Selecting equipment
configurations which match the requirements of the purchaser application. Developing the installation schedule, developing the
training plan for personnel, revising the implementation plan performing other related activities, resulting from the order changes,
field upgrades, installation of engineering changes. Adequate education of the purchaser operating staff in the manufacturers problem determination procedures relating to the equipment. Ensuring that the manufacturers problem determination procedures
have been performed, prior to request for assistance from the manufacturer. All activities to the operation of the equipment after installation.
12. LAW OF CONTRACT
Only the items set out here on the confirmation of sale shall constitute the contract between the purchaser and the seller for the
sale of the equipment, and such terms shall prevail over any other conditions, either implied or otherwise, which might apply. The
terms and conditions her in may be only be altered by agreement in writing between the parties and signed by an authorised
signatory of each party. The specification and description of the equipment appearing overleaf is given for the purpose of
identification only, and shall not be deemed to constitute the sale of the equipment, a sale by description. Any indication as to the
age of the equipment, whether verbal or other shall be given in good faith only, and shall not form a term of condition of contract.
The equipment shall be sold free of all encumbrances, liens, charges and claims whatsoever. This contract will construed and take
effect in all respects in accordance with English Law.