Company - means Goma Gringa Discos Ltda.
Customer - means the Customer of the Company
Contract - means the Contract entered into the Sale of Goods by the Company to the Customer wether in writing or not
Goods - means any items available for sale from the Company catalogue
Order - means an order made by the Customer to the Company to buy Goods
Conditions - means Terms & Condition of Sale set out herein.
1.BASIS OF CONTRACT
Unless otherwise expressly agreed in writing by the Company these Conditions will rule any order placed by the customer with the Company. By placing an order with the Company, the customer acknowledges that these Conditions will be applied to any resulting Contract.
2.VARIATION OF CONDITIONS
The Company will not be bound by any proposed varation of these Conditions by the Customer unless agreed by the Company in Writing. Any variation or modification of these Conditions made by the Company shall be notified to the Customer in writing and shall apply to all Goods ordered by the customer following issue of such notifications.
3.PRICES AND PAYMENT
3.1 Unless otherwise agreed, prices will be those stated on the Goma-Gringa Ltda. catalogue, at the date of dispatch of goods.
3.2 All invoices are payable within 20 days following the date of the invoice or otherwise agreed by the Company.
3.3 If the Customer fails to pay the invoice value of Goods by the due date, the Goods will return to our stock. To pay his Goods the Customer will have to pass a new order.
3.4 Unless otherwise agreed in writing by the Company, Goods supplied by the Customer are not subject to any "Sale or Return", "Return Allowance", "Sale or Exchange" or similar arrangements.
4.RISK AND DELIVERY OF GOODS
4.1 Unless otherwise agreed in writing Goods will be delivered by the Company to the Customer at the place specified in the invoice. Risk will pass to the Customer upon delivery of Goods.
4.2 If the Company is unable to deliver all Goods stated in the order, the Company will notify the Customer and proceed to a refund of equal value of the missing Goods or give the Customer a Credit of equal value of the missing Goods.
5.1 Any claim that Goods have not been delivered to the Customer shall be notified by the Customer to the Company in writing within 20 days of the Company's acceptance of the Order.
5.2 Claim that Goods have been delivered damaged, are not of the correct quantity or do not comply with their description shall be notified by the Customer to the Company in writing within 5 days of delivery of Goods.
5.3 Any claim that Goods are defective shall be notified by the Customer to the Company in writing within 5 days of delivery of Goods.
5.4 The Company shall be afforded a reasonable opportunity and facilities to investigate any claims under 5.1-5.3. The Customer shall, if so requested in writing by the Company (but no otherwise) promptly returns Goods subject to any claim under 5.1-5.3, together with any packaging, securely packed to the Company for examination. The value of Carriage will be refund to the Customer by the Company in case the claim is validate by the Company.
5.5 The Company shall have no liability whatsoever with regards to any claim in respect of wich the Customer has not complied with the provision of Conditions 5.1-5.4.
6.EXTENT OF LIABILITY
6.1 If the Customer establishes to the satisfaction of the Company that the Goods have not been delivered, have been delivered damaged, are not of the correct quantity, do not comply with their description or are defective, the Company shall replace with similar Goods, any such Goods, or allow the Customer Credit for their invoice value.
6.2 The delivery of any replacement Goods shall be at the point of delivery agreed for the original Goods. In case of a different point of delivery, eventual extra costs will be at the charge of the Customer.
6.3 No claim against the Company under Condition 6.1 shall be entertained in respect of any damage or defect resulting exclusively from faulty materials or workmanship in manufacture or from handling prior to delivery of Goods.
6.4 In no circumstances shall the liability of the Company to the Customer under this Condition 6 exceed the invoice value of the Goods concerned.
6.5 In no event shall the Company be liable to the Customer for loss of profit, loss of use, loss of revenue or interest, loss of goodwill, damages, costs or expenses, or any other economic, indirect or consequential loss arising out of breach of contract, tort of any kind or otherwise.
The Company shall not liable for any delay or other failure to perform the whole or any part of the Contract caused by factors outside the Company's control.