Terms & Conditions for the provision of goods and/or services by GS Precision Engineering Services Ltd (“GSPES Ltd”)
The Terms & Conditions for the provision of goods and/or services including, but not limited to, custom rifles with which GSPES Ltd contracts with its customers (“You/Your”) are set out below.
1) By placing an order with GSPES Ltd for any of its goods and/or services (the “Order” ) You irrevocably acknowledge and accept that:
- a) You are bound by these terms and conditions;
- b) These terms and conditions constitute a legally binding and enforceable agreement between GSPES and You and which govern the terms and obligations of Your Order;
- c) These terms and conditions apply to any Order to the exclusion of any other terms which You seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing; and
- d) These terms and conditions are governed by and to be construed in accordance with the laws of England and Wales, and the Courts of England and Wales have exclusive jurisdiction to determine any dispute arising out of any Order made by You with GSPES Ltd.
2) Upon receipt and agreement of the final specification of Your Order will raise an invoice for the total value of Your Order (the “Invoice”). GSPES Ltd reserves the right to refuse to accept an Order and it not required to give any reason for such refusal.
- a) Subject to 3(b) You have days 7 days from the date of receipt of Your Order by GSPES Ltd to cancel Your Order. Cancellation will only be effective if it is received by GSPES Ltd in writing by the stated deadline.
- b) In the event that You require GSPES Ltd to commence work on Your Order immediately upon receipt of Your Order then You hereby irrevocably waive Your right to be entitled to cancel Your Order within 7 days in accordance with 3(a).
4) You are and shall at all times remain liable to pay 25% of the Invoice immediately upon receipt of the Invoice (the “Advance Payment”).
5) GSPES Ltd shall not be liable to commence any work in relation to Your Order until GSPES Ltd has received the Advance Payment in full and in cleared funds.
6) Following receipt of the Advance Payment GSPES Ltd shall use its reasonable endeavours to obtain any and all components which GSPES Ltd in its sole discretion deems necessary for the completion of Your Order (the “Components”). Immediately upon GSPES Ltd advising You that it has in its possession or control the Components You shall be liable to pay 25% of the Invoice in addition to the Advance Payment (the “Components Payment”). For the sake of clarity, if all the Components are available at the time GSPES Ltd receives Your Order then You shall be liable to pay 50% of the Invoice, being the Advance Payment and the Components Payment.
7) If/where any Components are unavailable GSPES will offer an appropriate alternative, which YOU have a right to accept or decline. If You decline the offered appropriate alternative then You are entitled to cancel Your Order and to receive a refund of any payments made to GSPES Ltd less any costs which GSPES Ltd has already incurred in relation to Your Order.
8) GSPES Ltd will use its reasonable endeavours to accommodate any request to alter, amend or change Your Order. However if parts/components are already committed and paid for then there may be a restocking fee incurred.
9) Payment of the Advance Payment and the Components Payment removes the Components from GSPES Ltd’s inventory available to other customers, but legal title to the Components shall remain with GSPES Ltd until such time as it receives payment of the Invoice in full.
10) Upon receipt of the Advance Payment and the Components Payment GSPES Ltd will provide You with an estimate of the works schedule to complete Your Order (a “Works Schedule”). Any Works Schedule provided by GSPES Ltd is expressly provided as an estimate only and made by GSPES Ltd in good faith based upon the information available to GSPES Ltd at the time of the provision of such Works Schedule. GSPES Ltd does not, and cannot be deemed to, provide any guarantee/warranty/surety/promise that any Works Schedule can be adhered to and GSPES Ltd reserves its right to amend, change or otherwise alter any Works Schedule in its sole discretion. GSPES Ltd will under no circumstances tolerate any verbal or written harassment with regards to delivery times by You or someone acting for You or on Your behalf. If any such harassment occurs then GSPES Ltd reserves the right to cancel, alter or otherwise amend Your Order immediately and retain 50% of any payments received from You in respect of Your Order as an administration / restocking fee.
11) GSPES Ltd shall not be held liable for any events in which You are unable to participate due to any delays in completing Your Order.
12) GSPES Ltd agrees to carry out any works in relation to Your Order in as timely a manner as possible and to ensure that all work is completed to the highest standards possible. Numerous factors outside of GSPES Ltd’s direct control affect the final product delivery and as such GSPES Ltd will endeavour to ensure that as far as possible all suppliers have as much notice as possible to fulfil any orders placed by GSPES Ltd on Your behalf.
13) GSPES Ltd shall advise You when Your Order has been completed as which time You shall be liable to pay the remaining 50% of the Invoice (the “Final Payment”). Upon receipt of the Final Payment GSPES Ltd shall arrange the handover of Your Order, either face to face with You or shipped to a registered firearms dealer (“RFD”) of Your choice. GSPES Ltd cannot recommend any RFD and shall not be liable for any matters related to or concerning any RFD chosen by You in respect of Your Order. You shall be responsible for insuring the shipping of Your Order to an RFD or any other destination where Your Order is not handed over face to face with You.
14) GSPES Ltd cannot be held liable for any acts, omissions or use of any goods provided to by GSPES Ltd to You. By placing Your Order You irrevocably acknowledge and agree that GSPES Ltd shall be held harmless for any acts, omissions or use of any goods provided to You, whether by You or any other party.
15) In the case of international Orders:
- a) GSPES Ltd shall arrange shipping of Your Order by its approved freight forwarder PBS International freight Ltd (“PBS”). You shall be liable for all the costs of PBS and which shall be due and payable before Your Order is sent to You.
- b) Export packing is not included in the costs of shipping. You shall be liable to pay any export packing costs levied by PBS and which shall be due and payable before Your Order is sent to You.
- c) GSPES Ltd will apply for any UK necessary export permits on Your behalf once any requested documentation has been supplied (usually import certificate from destination country authorities and End user agreement), the costs of which You shall be liable.
- d) GSPES Ltd shall not be liable for any delays, loss, costs as a result of any requirements for export licences or similar documentation and/or destination customs authority or licensing authority.
- e) GSPES Ltd shall not be liable if any goods provided to You are restricted in any jurisdiction.
- f) You shall be responsible for insuring the shipping of Your Order.
16) Force Majeure:
- a) If an act of Force Majeure occurs as a result of which either
- i) GSPES Ltd is prevented from fulfilling any, or any part of, its obligations in relation to an Order; or
- ii) GSPES Ltd decides, in its sole discretion, that it would be in its best interests that it should not fulfil any, or any part of, its obligations in relation to an Order,
- then GSPES Ltd shall be entitled to alter, curtail, postpone, suspend or cancel any Order whether in whole or Part. In such circumstances, GSPES Ltd shall not be liable to return any payments made by You under the Invoice, pay any damages to You, and/or to compensate or indemnify You for any costs or expenses incurred by You either directly or indirectly as a result of any Order being altered, curtailed, postponed, suspended or cancelled.
- b) You hereby irrevocably acknowledge and accept that the determination of whether Force Majeure has occurred shall be the sole discretion of GSPES Ltd and whose decision shall be final.
- c) Force Majeure means any act, event, omission or accident beyond the reasonable control of GSPES Ltd including without limitation strikes, lock-outs or other industrial disputes (whether involving the workforce of GSPES Ltd or of any other party), failure of a utility service or transport network, act of God, war, terrorist attack, riot, civil commotion, lack of adequate security, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, pandemic or other outbreak of any virus or disease on a widespread, national or international scale.