1 Definition

1.1 "Buyer" means the person who buys or agrees to buy the goods from the Seller.
1.2 "Conditions" means the terms and conditions of sale set out in this document and any special items and conditions agreed in writing by the Seller.
1.3 "Delivery Date" means the date specified by the Seller when the goods are to be delivered.
1.4 "Goods" means the articles which the Buyer agrees to buy from the Seller.
1.5 "Price" means the price for the Goods and will be specific about what is covered.
1.6 "Seller" means Guardpost (UK) Ltd.

2 Conditions Applicable

2.1 These conditions shall apply to all contracts for the sale of all other terms and conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase goods pursuant to these conditions.
2.3 Acceptance of delivery of the goods shall be deemed conclusive evidence of the buyers acceptance of these conditions.
2.4 Any variation to these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

3 The Price and Payment

3.1 The price of the goods shall be the price stipulated in the Seller's published price list current at the date of delivery of the goods. The Price includes VAT which shall be due at the rate ruling on the date of the Sellers invoice.
3.2 Payment of the Price and VAT shall be made to the Seller before delivery of the Goods. Time for payment shall be of the essence.

4 The Goods

4.1 The seller may from time to time make changes in the specification of the Goods which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the goods.

5 Warranties And Liability

5.1 The Seller warrants that the goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period of TWELVE MONTHS.
5.2 The Seller shall be under no liability in respect of any defect arising from wear and tear, wilful negligence, abnormal working conditions, failure to follow the Sellers instructions (whether oral or in writing) misuse or alteration of repair of the Goods without the Sellers written approval.
5.3 The Seller shall not be bound by any written or oral description or representation made by any of its employees or agents (other than any description or representation contained in printed material produced by the Seller and given to the Buyer) and no such description or representation shall give rise to rights or claims of any kind.
5.4 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or its failure to correspond with specifications shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure, failing which the Buyer shall not be entitled to reject the Goods.
5.5 No representation is made that the Goods will provide any particular GUARANTEED VEHICLE PROTECTION.
5.6 The statutory rights of the Buyer are not affected by these conditions.

6 Delivery Of The Goods

6.1 Delivery of the Goods shall be made to the Buyers address on the Delivery Date. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

7 Acceptance Of The Goods

7.1 After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.

8 Risk And Property

8.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.
8.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other Goods agreed to be sold by the Seller to the Buyer for which payment is then due.
8.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Sellers agent and bailee, and shall keep the Goods separate from those of the Buyer and thirds parties and property stored, protected and insured and identified as the Sellers property.

9 Remedies Of The Buyer

9.1 Where the Buyer rejects and Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to Supply Goods which conform to the contract of sale.
9.2 Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods.
9.3 The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.

10 Proper Law Of Contract

This contract is subject to the law of England and Wales.

11 Notice Of Cancellation Of Rights

You have the right to cancel this order. This right can be exercised by sending notice of cancellation to the Company via email: info@guardpost.co.uk within a period of seven (7) days following the date of the order.