Terms and Conditions

1. DEFINITIONS
"Conditions" means the terms and conditions of sale set out in this document
and any special terms and conditions agreed in writing by Us.
"Consumer" means a consumer as defined by the Unfair Contract Terms Act
1977 or the Unfair Terms in Consumer Contracts Regulations 1994.
"the Contract" means any contract for the supply of Goods incorporating these Conditions.
"the Goods" means the goods or where the context permits the services which You agree to buy from Us.
"the Price" means the price for the Goods excluding carriage, packing, insurance
and VAT, except where specifically stated.
"We and Us" means Gooch Group Limited
"You" means the person who buys or agrees to buy the Goods from Us.
2. GENERAL TERMS AND CONDITIONS
This site is owned and operated by Gooch Group Limited of Unit 40, Lansdown
Industrial Estate, Cheltenham, Gloucestershire, GL51 8PL. If you want to ask us anything about these terms and conditions or if you have any comments or complaints on or about our website, please e-mail us at sales@goochgroup.co.uk or telephone us on 01242 528 564.

3. OWNERSHIP OF RIGHTS
All rights, including copyright, in this website are owned by or licensed to Gooch Group Limited. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything in this website for any purpose.

4. ACCURACY OF CONTENT
We have taken every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. All prices are displayed inclusive of VAT. If the price of the goods iincreases between the date we accept your order and the delivery date, we will let you know and ask you to confirm by e-mail that the new price is acceptable. If it is not acceptable, then you will of course have the right to cancel your order. Any weights,
dimensions and capacities given about the goods are approximate only. To the extent permitted by applicable law, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website and we shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials contained on this website.

5. CONDITIONS APPLICABLE
5.1 - These Conditions shall apply to all contracts for the sale of Goods by Us to You
to the exclusion of all other terms and conditions including any terms or conditions
which You may purport to apply under any purchase order, confirmation of order or
similar document.
5.2 - All orders for Goods shall be deemed to be an offer by You to pursuant to these
Conditions.
5.3 - Acceptance of delivery of the Goods shall deemed conclusive evidence that
You accept these Conditions.
5.4 - Any variation to these Conditions (including any special terms and conditions
agreed between the parties) shall be inapplicable unless agreed in writing by Us.
5.5 - Quotations are invitations to treat only and shall lapse 30 days from the date of
quotation.
5.6 - You shall be responsible for ensuring the accuracy of any order placed with Us,
including any applicable designs, drawings or specifications relating to it. You will
provide Us with any further information concerning the Goods which may be required
to fulfil the order within such reasonable time as permits the Contract to be
fulfilled.
5.7 - We shall not be liable in respect of any misrepresentation made by Us our
servants or agents to You your servants or agents as to the condition of the Goods
their fitness for any purpose or as to quantity or measurements unless the
representation is;
* 5.7.1 - made or confirmed in writing by Us; and/or
* 5.7.2 - fraudulent
5.8 - Without prejudice to 2.7 these Conditions, while We take every precaution
in the preparation of our catalogues, technical circulars and other literature these
documents are for your general guidance only and statements made therein (in
the absence of fraud on our part) shall not constitute representations by Us and
We shall not be bound by them.

6. THE PRICE AND PAYMENT
6.1 - We base our quotations and the Price on costs prevailing at the time when
they are given or agreed. We shall be entitled at any time of delivery to increase
the Price of the Goods to reflect any increase in the cost to Us which is due to
factors occurring after the making of the Contract of sale which are beyond our
reasonable control (including, without limitation, foreign exchange fluctuations,
taxes and duties and the cost of labour, materials and other manufacturing
costs).
6.2 - Our quotations are based on prices applicable to the quantity specified. In
the event of orders being placed for lesser quantities We shall be entitled to
adjust the Price of the Goods as ordered to take account of the variation in
quantity.
6.3 - Payment of the Price and VAT shall be due within 30 days of invoice unless
other credit terms have been agreed. In the event that the Contract requires
payment to be made to Us before the delivery of the Goods this will be
communicated to You before We accept your order. You must accept such
provision before your order will be processed and payment in cleared funds will
then be due before delivery. Time for payment shall be of the essence.
6.4 - Interest on overdue invoices shall accrue from the date when payment
becomes due from day to day until the date of payment at the rate permitted by
the Late Payment of Commercial Debts (Interest) Act 1998 and shall accrue at
such a rate after as well as before any judgment.
6.5 - If you fail to make any payment on the due date then without prejudice to
any of our other rights We may;
* 6.5.1 suspend or cancel deliveries of any Goods due to You and/or
* 6.5.2 appropriate any payment by You to such of the Goods (or Goods
supplied under any other Contract with You) as We may in our sole discretion
think fit.
6.6 - You may not withhold payment of any invoice or other amount due to Us by
reason of any right of set off or counter claim which You may have or allege to
have for any reason whatever.
6.7 - We shall be entitled at all times to set off any debt or claim of whatever
nature which We may have against You against any sums due by Us to You.

7. RETURNS POLICY
7.1 - We offer a 7 day money back guarantee on all equipment. Should you not
be satisfied the goods may be returned to us but need to be in their original
condition, along with the invoice. Some of the larger commercial and industrial
equipment may be subject to a re-stocking charge of up to 25% of the goods
value. The cost of returning the goods shall be borne by You.

8. DELIVERY
8.1 - Delivery shall be effected when the Goods are tendered for delivery by Us
or by our supplier to an address specified by You in the Contract.
8.2 - Delivery dates are given in good faith but are approximate only.
8.3 - Time for delivery shall not be of the essence of the Contract.
8.4 - We shall not be liable for any loss or damage whatever (whether direct or
consequential) due to failure by Us to deliver the Goods (or any of them)
promptly or at all whether such failure is caused by our negligence or otherwise
howsoever.
8.5 - We reserve the right to make delivery by instalments and tender a separate
invoice in respect of each instalment. Our failure to deliver any one or more
instalments or any claim by You of any one or more instalments shall not entitle
you to treat the Contract as a whole as being repudiated.
8.6 - Where We intend to deliver the Goods by full load, but You request delivery
by instalments, We may reserve the right to levy additional charges in respect of
such additional deliveries.
8.7 - The price agreed includes the cost of delivery if the order is over £100.00
on week days from 8.00am to 5.00pm. An additional charge will be incurred if
We agree to deliver outside these hours or on bank holidays or on any other
occasion when premises may be closed for whatever reason.
8.8 - You shall make all arrangements necessary to take delivery of the Goods
whenever they are tendered for delivery including the provision of such labour as
is necessary to unload the Goods with reasonable speed. Where our delivery
vehicle has attended on the agreed delivery date and has been kept waiting for
an unreasonable time, been obliged to return without unloading the Goods, We
have been obliged to provide additional staff to unload the Goods or You have
failed to accept delivery of the Goods for any reason whatsoever an additional
charge will be made.
8.9 - We shall deliver the Goods as near as possible to the address specified in
the Contract as a safe hard road permits. We reserve the right to deliver the
Goods to premises considered in the absolute discretion of our driver to be
unsuitable. If a vehicle used to perform our Contract with You is obliged to
deliver or collect a load to or from any place not situate on a public highway, You
agree to be solely responsible for any accident or damage and to indemnify us
fully in respect of all actions, claims, proceedings, cost and damages (including
any damages or compensation paid by Us on the advice of our legal advisors to
compromise or settle any claim) and all legal costs or other expenses arising out
of such accident or damage.
8.10 - If the Goods are to be delivered to premises which are neither owned nor
controlled by You, You agree to be responsible for ensuring that all applicable
regulations are complied with and that such steps are taken as is necessary at
all times for the protection of persons or property and You agree to indemnify Us
fully in respect of all actions, claims, proceedings, costs and damages (including
damages or compensation paid by Us on the advice of our legal advisors to
compromise or settle any claim) and all legal costs or other expenses arising out
of your failure to ensure such compliance and adequate protection.
8.11 - Please note that we are only able to deliver to addresses within the United
Kingdom, but excluding the Isle of Wight, the Isle of Man, the Scottish Isles,
parts of Scotland, Northern Ireland and the Channel Isles. We will deliver the
goods to the address you specify for delivery in your order. It is important that
this address is accurate.

9. INSPECTION
9.1 - You shall inspect the Goods at the time and place of unloading and
ascertain that they are in accordance with the Contract. These Conditions do not
require You to break packaging and/or unpack Goods which are intended to be
stored before use.
9.2 - You must give us notice within 7 working days of short delivery, otherwise
the Goods will be deemed to have been delivered in the quantity shown in our
delivery documents and You will be deemed to have accepted the Goods. Our
liability for short delivery is limited to making good the shortage and You shall
not be entitled to reject the Goods or claim damages for short delivery,
howsoever caused.
9.3 - Where it is or would have been apparent on a reasonable inspection that
the Goods do not conform with Contract or (where the Contract is for sale by
sample) that the bulk does not conform with the sample You must give us notice
within 7 working days. If You do not give us such notice and You are not a
consumer You will be deemed to have accepted the Goods. You are deemed to
have accepted the Goods if you have used them or incorporated them in any
way.

10. TITLE AND RISK
10.1 - The Goods shall be at your risk as from delivery.
10.2 - In spite of delivery having been made, property in the Goods shall not
pass from Us until:
* 10.2.1 You have paid the Price plus VAT in full; and
* 10.2.2 No other sums whatever shall be due from You to Us.
10.3 - Until property in the Goods passes to You in accordance with the clause
6.2 You shall hold the Goods and each of them on a fiduciary basis for Us. You
shall store the Goods (at no cost to Us) separately from all other Goods in your
possession, without interfering with any identification marks labels batch
numbers or serial numbers and marked in such a way that they are clearly
identified as our property.
10.4 - Notwithstanding that the Goods (or any of them) remain our property, You
may sell or use the goods in the ordinary course of your business at full market
value for our account. Any such sale or dealings shall be a sale or use by You
on your own behalf and You shall deal as principal when making such sales or
dealing. Until property in the Goods passes from Us the entire proceeds of sale
or otherwise of the Goods shall be held in trust for Us and shall not be mixed
with other money or paid to any overdrawn bank account and shall be at all
material times identified as our money.
10.5 - We shall be entitled to recover the Price (plus VAT notwithstanding that
property in any of the Goods has not passes from Us).
10.6 - Until such time as property in the Goods passes from Us You shall upon
request deliver up such of the Goods as have not ceased to be in existence or
resold to Us. If you fail to do so, you agree to give us, our servants or agents
with such transport as is necessary access to any premises owned occupied or
controlled by You where the Goods are situated or believed to be situated to
repossess the Goods and You agree to do such things and to allow Us to do
such things shall be required to allow us access to remove the Goods without
interruption. On the making of such request your rights under clause 6.4 shall
cease.
10.7 - You shall not pledge or in any way charge by way of security for any
indebtedness any of the Goods which are the property of Us. Without prejudice
to our other rights, if You do so all sums whatever owed by You to Us shall
forthwith become due and payable.
10.8 - You shall insure and keep insured the Goods to the full Price against all
risks to the reasonable satisfaction of us until the date that property in the Goods
passes from Us, and shall whenever requested by Us produce a copy of the
policy of insurance. Without prejudice to our other rights if You fail to do so all
sums whatever owing by You to Us shall forthwith become due and payable.

11. WARRANTEES
11.1 - We warrant that the Goods will be of satisfactory quality at the time of
delivery but no warranty is given that Goods are fit for any particular purpose
(whether or not such a purpose has been made known to Us).
11.2 - Subject to the foregoing all conditions, warrantees and representations
whether express or implied by statute (other than section 12 of the Sale of
Goods Act 1979 as amended), common law, usage, trade, custom or otherwise
in relation to the Goods are hereby excluded. No negotiations or statements
made prior to the conclusion of the Contract shall form a part of the Contract
shall form a part of the Contract unless they are expressly repeated therein or
made in writing by a duly authorised representative of Us.
11.3 - Where the purchase of the Goods also includes the provision of services
by Us We warrant that such services will be carried out with reasonable care and
skill. We undertake to use all reasonable endeavours to remedy free of charge
to You any faulty work arising from a breach of this warranty which is reported to
Us in writing within one month after performance of Us of such work. If We
rectify such faulty work within a reasonable period of time, then We will have no
liability of any kind in respect of or arising from such faulty work.
12.4 - Your statutory rights as a customer are not affected by these Terms and
Conditions.

12. INDEMNITY
12.1 - You shall indemnify Us and keep Us indemnified in respect of all claims
arising directly or indirectly from your use or possession of the Goods, including
any indirect loss and/or expense (including loss of profit) suffered by You of this
Contract.
12.2 - In the event of any breach of this Contract by us the remedies available to
You shall be limited to damages. Under no circumstances shall the liability of Us
exceed the Price of the Goods.
12.3 - Nothing in this Contract shall restrict or exclude liability for death or
personal injury caused by the negligence of Us or affect the rights of You where
You are dealing as a Consumer.

13. CONTRACTS (Rights of Third Parties) Act 1999
- A person who is not a party to this Contract has no right under the Contracts
(Rights of Third Parties) Act 1999 to enforce any term of the Contract but this
does not affect any right or remedy of a third party which exists or is available
apart from that Act.

14. FORCE MAJEURE
14.1 - We shall not be liable to You or be in breach of these Conditions or the
Contract by reason of any delay in performing, or failure to perform any of our
obligations if the delay or failure was beyond our reasonable control(including,
without limitation any strike, lockout or other industrial action, act of God, war or
threat of war, accidental or malicious damage, prohibition or restriction by
governments or other legal authority).
14.2 - Where We claim that We are unable to perform our obligations under
these Conditions or the Contract (either on time or at all) as a result of the
circumstances set out in clause 11.1 We will immediately notify You of the
nature and extent of the circumstances in question.

15. AMENDMENT AND WAIVER
15.1 - No variation of these Conditions or the Contract shall be effective unless it
is made in writing and is signed by the parties.
15.2 - No omission or delay upon the part of any party in exercising any right of
power or privilege under the Conditions shall operate as a waiver by that party of
any right to exercise it in the future.

16. ENTIRE AGREEMENT
16.1 - This Contract forms the entire agreement between the parties and neither
has relied on any representations or warranty except as expressly set out in
these Conditions or agreed in writing between the parties.
16.2 - These Conditions supersede any prior agreements, understandings and
arrangements between, or any oral or written representations made by, parties
to it relating to its subject matter.

17. LAW AND JURISDICTION
17.1 - These Conditions and the Contract shall be governed by and construed in
all respects in accordance with English law and the parties irrevocably submit to
the exclusive jurisdiction of the English Courts.
17.2 - If any dispute shall arise between the parties as to the meaning of any
Contract or any matter arising there from then it shall be referred to the
determination of an arbitrator to be appointed by the parties or (in default of
agreement within 21 days of the service upon one party of a written request to
concur in such appointment) by the time being of the Chartered Institute of
Arbitrators.