Bargain Golf Equipment shall make every endeavour to deliver on any date promised but no liability is accepted for failure.
To do so and time not to be of essence of this contract unless a specific to the contrary is made in writing.
Where there is such a specific agreement the liability of Bargain Golf Equipment for failure to comply with delivery obligations, it shall not in any event exceed the contract price of the goods to which the failure relates. Bargain Golf Equipment moreover shall not in any event be liable to compensate the buyer for any consequential damage which the buyer may suffer for such failure to deliver on time. Where instalment delivery has been agreed each instalment shall be deemed to be sold under a separate contract and no failure of or delay in delivery of any one instalment nor any defect in the contents thereof shall entitle the buyer to treat the contract as repudiated with regard to any remaining instalments or shall entitle him to defer payment for any earlier instalment or any such other remaining instalments.
Delivery is to UK mainland only.
Defects
All claims for defects in quantity or quality capable of discovery on reasonable inspection must be made in writing to Bargain Golf Equipment within 7 days of the receipt by the Buyer or his Agent of such goods. Under no circumstances whatsoever will any claims for defects, whether patent or latent, be considered after 6 months from the date of despatch of the goods in question and any claim whatsoever made after that period shall be deemed time barred and waived.
Bargain Golf Equipment at its own discretion undertakes to refund the buyer up to the invoice price of the allegedly defective goods where it is satisfied that it is responsible. Under no circumstances whatsoever shall Bargain Golf Equipment liability for the goods exceed the invoice price of any allegedly defective goods.
Unless the buyer notified Bargain Golf Equipment in writing of a particular purpose for which the goods were intended and stated that he way relying upon Bargain Golf Equipment to supply goods suitable for that stated purpose all liability for the goods proving unsuitable for any such purpose when delivered is specifically denied.
Save as provided in this cause, Bargain Golf Equipment shall not be under any liability to the buyer or any Third Party in respect of defects in goods delivered whether patent or latent or for any injury, damage or loss resulting directly from such defects howsoever caused and the warranty in this clause shall be in lieu of any warranty of condition whether express or implied by law, statute or custom of trade as to quality or fitness for any particular purpose or merchantability of such goods. In no event whatsoever shall Bargain Golf Equipment liability under this Clause exceed the contract price of the faulty goods.
