Terms and Conditions of Sale
Where goods or services are sold under a consumer sale (as defined by the unfair contract terms act 1977) the statutory rights of the customer are not affected by these conditions
In these Conditions:-
“Purchaser or Buyer” means the person who accepts any quotation of Gama Electronics (Gama) for the sale or supply of Goods and/or Services or whose order for Goods and/or Services is accepted by Gama:
“Goods” mean the goods (including any instalment of the goods and any parts for them) which Gama is to supply in accordance with these Conditions;
“Services” means the services, including but not limited to those relating to design, application support and product testing, which Gama is to supply in accordance with these Conditions;
“Seller” means Gama Electronics, Units 1 & 2, Piddlehinton, Dorset DT2 7TB;
“Conditions” mean the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing by Gama and the Purchaser;
“Contract” means the contract for the purchase and supply of Goods and/or Services;
“Writing” does not include emails or facsimile transmission.
“Third parties” means a person who is not a party to the Contract shall not have any rights under or in connection with it.
In these Conditions, the headings are for convenience and shall not affect interpretation and the singular includes the plural and vice versa.
These Terms and Conditions of Sale shall be applicable to sale/manufacture of Goods by the Seller to the Buyer. No other Terms and Conditions shall be applicable.
Any variation to these Terms and Condition shall be inapplicable unless agreed in writing by the Seller
Prices are in £ sterling and are exclusive of VAT. VAT is added at the time of payment. The Seller has used reasonable efforts to ensure prices are stable and are competitive. However, the Seller reserves the right to amend prices without notice at any time.
Only upon FULL PAYMENT of the Goods will ownership be passed onto the Buyer.
The Buyer will be required to pay any additional fees for delivery.
The Seller reserves the right to decline a trade with any Buyers or refuse to accept any order.
All products manufactured by Gama are assembled and quality checked in accordance with the standard quality procedures approved to BS EN ISO 9001:2015 unless indicated otherwise.
The Seller will endeavour to deliver products in accordance with the Buyer’s order requirements.
If any delivery is late, the Buyer must notify the Seller. The Seller will endeavour to enquire about the status of the Goods and notify the Buyer.
It is the role of the Buyer to inspect the Goods received as soon as reasonably possible and inform the Seller of any defects, shortages, if goods are not in accordance with the order and/or non-delivery of Goods. The Seller will endeavour to deal with such queries as soon as possible. If the Buyer fails to notify the Seller, the Seller will presume that the sale is complete and Goods are exempt for defects, etc.
Gama warrants that it has good title to all Goods supplied to the Purchaser hereunder and that it will repair or replace at its option all or part of any Goods which during a period of 12 months from supply by Gama (“the warranty period”) has been found by the Purchaser to be defective due to Gama’s workmanship or materials. The warranty period may extend beyond 12 months if separately agreed in writing by Gama. The Purchaser agrees to ship defective Goods or parts of them pre-paid against any Gama returns material authorisation (“RMA”) number with a statement of the defect alleged. Where Gama finds that the defect exists, it will pay return charges only to the original purchase address, which will otherwise be the responsibility of the Purchaser.
The Purchaser shall have no right to return Goods. Gama may, in its absolute discretion, be prepared to authorise returns, subject to the following
Prior to any return, the Purchaser must obtain a returns material authorisation number (“RMA”) from Gama for specific Goods, which is to be clearly displayed on the packaging of such Goods to be returned. No Goods will be accepted by Gama without a clearly displayed and valid RMA Number.
Goods can only be returned at the Purchaser’s cost and risk.
All returned Goods will be subject to payment of Gama’s handling charge from time to time applicable, the minimum rate of which is 25% of the invoice value of the Goods returned.
Under no circumstances whatsoever, shall the Seller be liable for ANY indirect or consequential losses (including loss of goodwill, business or anticipated savings), loss of profits or use, or any third-party claims in connection with the Goods provided.
This clause applies if the Purchaser makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or an encumbrancer takes possession of, or a receiver is appointed over, any of the property or assets of the Purchaser; or the Purchaser ceases, or threatens to cease, to carry on business; or Gama reasonably apprehends that any of the events mentioned above is about to occur in relation to the Purchaser and notifies the Purchaser accordingly.
If this clause applies then, without prejudice to any other right or remedy available to Gama, Gama shall be entitled to cancel the Contract or suspend any further deliveries or performance under the Contract without any liability to the Purchaser, and if the Goods have been delivered or Services provided but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary; or Gama will have the legal right to retrieve all said unpaid for goods supplied to the purchaser.
The Seller shall not be liable to the Buyer in any way or be deemed to be in breach of these Terms and Conditions due to any delay whatsoever, in performing or any failure to perform the Seller’s obligations under these Terms if the delay or failure was due to any cause beyond the Seller’s control (including strikes, traffic congestion, health pandemic, government actions, war, fire, explosion, flooding, import and export embargoes, labour disputes, or inability to obtain or a delay in obtaining supplies of Goods or labour). In such circumstances, the Seller may, at its discretion, delay the performance of, or cancel the whole or any part of the contract.
These Terms and Conditions shall be governed and construed in accordance with the law of England only. Buyer hereby agrees, for Seller’s exclusive benefit, that the English courts shall have jurisdiction to hear all claims or proceedings connected with the Goods or the contract. Seller may nevertheless bring claims in any other competent jurisdiction.
Variation: Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions, to the Contract shall only be binding when agreed in writing and signed by Gama.
Download as a PDF: Gama Electronics – Terms and Conditions of Sale