Terms and Conditions
Oceana Trading Limited
Terms & Conditions of Sale
1. Definitions
The ‘Company’ means Oceana Trading Limited.
The ‘Buyer’ means that entity, business or individual placing an order on the Company.
The ‘Goods’ mean the Goods to be supplied by the Company to the Buyer.
The ‘Order’ means any order for the Goods placed by the buyer with the Company.
"Gymkids" is a trademark of Oceana Trading Limited.
2. General Conditions
Unless modified by special arrangements in writing by authorised persons, these Terms & Conditions of sale shall be the only and entire basis of agreement between the Company and the Buyer and shall have precedence over any terms and conditions proposed or stipulated by the Buyer or any prior verbal representations. These Terms & Conditions of Sale shall be deemed to be accepted by the Buyer who places an Order having previously been supplied with a copy of these Terms & Conditions of Sale.
3. Pricing
Prices are quoted are exclusive of taxes, which will be added to invoices.
The company reserves the right to change prices without prior notice.
Any change of prices and Terms of Payment shall be those ruling at the time of dispatch.
4. Orders
The company shall reserve the right to refuse to accept any order for the supply of Goods without any necessity to state or offer a reason for doing so.
Orders may be placed by letter, fax or e-mail and shall reference an order number. If given orally, the Buyer shall note the time at which the order is placed and the price and the Company’s authorised personnel. If an order number is not available, the name of the Buyer’s representative shall be recorded. Orders will be accepted up to the close of business. Orders received after 4pm will not be processed until the following day. Once placed, an order cannot be cancelled except by mutual agreement and only on terms that would indemnify the Company against loss, costs and expenses.
5. Delivery
Any date of delivery is an estimate only, and while the company will endeavour to deliver the Goods within a reasonable time. The Company will not be liable for delay or errors by the courier, nor for any loss or damage arising directly or indirectly for delay in dispatch or in deliver.
All shipping and delivery charges relating to the delivery of Orders shall be invoiced to the Buyer unless otherwise agreed. Where certain delivery charges have been agreed and the buyer requests a more expensive means of delivery, the difference between such delivery charges and the previously agreed delivery charges shall be invoiced to the Buyer. Where the Order involves more then one delivery, Goods will be delivered and accepted as soon as they are ready. Each delivery shall constitute a separate contract and may be invoiced separately.
Delivery of the Goods shall be understood to have taken place and the risk in respect of the Goods passed to the Buyer upon delivery to the Buyer’s premises or other requested location or to it’s couriers or agents or as otherwise ordered by the Buyer.
If the Company endeavours to Deliver the Goods and the Buyer does not accept them for whatever reason, then, without affecting any other right or remedy, all resultant costs including storage of Goods or further attempts to deliver the Goods shall be charged to the buyer. Any shortage of Goods delivered or damage to the Goods in transit or other perceived problems must be notified by the Buyer to the Company within 48 hours.
6. Returns
No return of Goods can be made without the Company’s prior written approval.
7. Payment Terms
The time of payment for the Goods shall be an integral part of the contract. The Buyer may not withhold payment of any invoice or other amount due to the Company because of any set off or counter claim made against the company. Payment may be by business cheque, visa credit card, cash, wire transfer, bankers draft, or letters of credit. If paying by personal cheque, these must have been cleared through the Company’s bank. Unless a credit account has been arranged, the term of which having been agreed, payment shall be before the delivery of Goods. The due date for payment will be printed on the invoice sent to the Buyer.
Failure to meet agreed terms for payment will result in one or more of the following:
Account will be out on hold and further deliveries withheld until due payment is received.
Goods may be repossessed – see retention of title.
Credit facilities may be withdrawn.
Interest at the rate of 2% per month may be charged from the due date of payment.
A collection agency may be instructed to call on the Buyer to seek settlement.
Legal proceedings may be instituted for the recovery of outstanding sums and the Company shall be entitled to recover from the Buyer all costs incurred thereby.
8. Credit Accounts
Unless otherwise agreed in writing, Buyers wishing to apply for a credit account will be required to have traded with the Company for two consecutive months, paying in advance and will have provided four satisfactory references from suppliers who are not competitors of the Company together with satisfactory bank references.
Unless otherwise agreed, when a credit account is established the due date for the payment shall be on or before the end of the month following date of invoice.
Buyers for whom credit accounts have been established may obtain discount through early settlement on agreed terms.
9. Retention of Title
Notwithstanding the passing of risk in the Goods to the Buyer upon delivery or collection – see No. 5, the Company shall retain legal title to the Goods and the Property in the Goods shall not pass to the Buyer until the Buyer shall have paid for all Goods (including any associated freight charges) which have supplied by the Company at any time, payment being defined as cleared funds into the Company’s bank account. The Buyer agrees that it is in possession of the Company’s Goods as Bailee for the Company until the Buyer shall have paid for the Good’s and all other Goods supplied by the Company at any time.
The Buyer shall keep and record the Good’s owned by the Company separate from other Good’s, properly stored, protected, insured and identified as the Company’s property. The Buyer shall keep records of the use or resale of the Goods and of the proceeds if any. It will allow the Company to inspect these records and the Goods themselves on request. All Goods supplied by the Company in the Buyer’s possession shall be presumed to belong to the Company unless the Buyer can prove otherwise. The Company shall be entitled to trace the proceeds of sale and any insurance proceeds received in respect of the Goods owned by the Company, such proceeds to be paid into a separate Bank Account held by the Buyer on trust for the Company. If the Buyer fails to make a payment for Goods when due, the Company has the right to recover the Goods and shall have the right without prejudice to other remedies to enter without prior notice any premises where Goods owned by it are stored and to repossess any Goods owned by it to the value of any sums owed to it by the Buyer, also to require the Buyer not to resell or part with any Goods owned by the Company until the Buyer has paid in full all sums owed by it to the Company.
Nothing in these conditions shall affect any other rights or methods the Company may have to secure payment for all the Goods supplied to the Buyer, in particular the Company’s right to instigate legal proceedings to recover such payments together with all associated costs.
10. Limitation of the Company’s
Liability
A copy of the Company’s Warranty is available on request and outlines the limits of the Company’s liability. The Company shall have no liability to the Buyer, the user or any third party for the consequential or incidental damages of any kind whatsoever (other than that for death or personal injury caused by the negligence of the Company) by reason of any representation or any implied warranty, condition or other term or any duty at common law or under the express terms of the warranty for any consequential or incidental loss or damage including without limitation any indirect loss or damage such as operating loss, costs, expenses, loss of clientele or damage to the Buyer’s image or reputation or any other claims for consequential compensation whatsoever which may arise out of or in connection with the supply of the Company’s Goods or their use or resale by the Buyer or the user.
10a. Limitation of the Company’s
Liability – Fitness Products
All products sold come with a manufacturers warranty of one year. Individuals using the fitness equipment should always seek medical advice before undertaking physical exercise of any kind. Oceana Trading and its associate companies accept no liability for personal injury or death arising as a result of misuse or negligence of the equipment. The children’s range of fitness products is designed with the intention of creating a fun environment for enhancing fitness and well being in children. They should not be used for any other reason. Children should be supervised by a responsible adult at all times when using this equipment.
10b. Limitations of product warranty
The following “wear and tear” items are not covered under warranty unless notified verbally to us within 48 hours of receipt of delivery; or if in writing, within 7 days.
If the company is hindered or prevented
(whether temporarily or permanently) from procuring supplies
to enable it to supply Goods or if such supply is prevented
or hindered by reason, without limitation, of Act of God,
war, Act of Parliament, or orders, regulations or bye laws
made under statutory authority, labour disputes including
Company’s labour force, interruption of power supply,
failure of sources of supply, interference by a third party,
civil commotion, fire, flood or other natural disaster, or
any causes of whatever kind and whenever occurring being a
cause beyond the Company’s control, (circumstances of Force
Majeure), then the Company may cancel performance of the
contract for as long as and to the extent that the
prevention or hindrance may last and such cancellation shall
not give rise to any claims by the Buyer, and the Buyer
shall remain liable to pay for the Goods delivered prior to
the date of such cancellation.
Should any provision of the Terms &
Conditions for the supply of Goods prove to be illegal or
unenforceable, such provision shall be deemed severable to
the extent of such illegality or unenforceability and the
remaining provisions thereof shall continue in full force
and effect.
That failure by the Company at any time to
fully enforce any Terms & Conditions of the contract for the
supply of Goods or to exercise any rights thereunder shall
not constitute a waiver of such Terms & Conditions nor shall
it affect the Company’s right to enforce them.
These conditions and each and every contract
shall be subject to and interpreted in accordance with
English law and all parties agree for the of the Company to
accept the non-exclusive jurisdiction of the English Courts.
Such submissions shall not limit nor be construed as
limiting the Company’s rights to take proceedings against
the Buyer in connection with this contract in any court of
competent jurisdiction nor shall the taking of proceedings
in any one or more courts preclude the taking of proceedings
in any other jurisdiction.
Notices may be given by either or both of the
Company and the Buyer by sending such notices to the last
known business address or the Registered Office of the other
party. Such notices shall be in writing and sent by First
Class Post, by Fax or by e-mail.
11. Force Majeure
12. Severance and Saving of rights
13. Law and Jurisdiction
14. Notices
15. Errors and Omissions
Errors and omissions excepted (E&O.E)
