Terms and Conditions of Sale
1.1 'Buyer' means the person that is named on the invoice.
1.2 'You' means the buyer.
1.3 'We', 'our', 'us' means GMX Radiators.
1.4 'Invoice'- this is the document titled 'invoice' received on completion of the 'contract'.
1.5 This is the legally binding agreement between the buyer and GMX Radiators UK.
1.6 'Contract' this term refers to any legally binding agreement between GMX Radiators and the buyer.
1.7 'Goods' and 'Products' are the physical items detailed on the invoice.
1.8 'End User' this is the person who will use the goods-not necessarily the buyer.
2. Terms and conditions of sale:
2.1 The buyer agrees to pay GMX Radiators for the goods supplied.
2.2 Goods can be payed by either debit or credit card transaction or Bacs Payment which will need to be cleared before goods are despatched.
2.3 The Goods ordered by the buyer will be despatched upon the receipt of payment from the buyer, to the address specified on the order.
2.4 Whilst all care is taken by GMX Radiators to describe all products as accurately as possible there may be slight variations between the products shown on the website www.gmxradiators.co.uk and the products received.
2.5 GMX Radiators reserves the right to change or modify any of their products without prior notice.
2.6 If the buyer has not received the goods in accordance with the invoice then it is the responsibility of the buyer to inform GMX Radiators of any suspected discrepancy, within 3 days.
2.7 Postage & Packing prices are calculated by weight and country which the items are being shipped to. If you would like to place an order for a country not listed please contact our sales department at: email@example.com and we will send you a reply with shipping costs to your destination.
3. Receipt of Products:
3.1 Once the goods have been received by the buyer, all responsibility for their use is with the buyer themselves.
3.2 If the buyer is not the end user then it is the buyer's responsibility to ensure the end user is aware of all terms of this contract- in particular the conditions as to the use of the product.
3.3 GMX Radiators accepts no responsibility for any loss arising out of negligent use of the products by the end user or by any third party.
3.4 The instructions as to the use of the goods must be read and understood in its entirety prior to use of any GMX Radiators product.
3.5 If there are no instructions accompanying the goods then please contact sales at: firstname.lastname@example.org who will provide the buyer with a copy of the relevant information.
3.6 In the event that any instruction is not understood or if there are any queries as to the use of the products then the products must not be used until such time as the buyer is satisfied as to the correct use of the products.
3.7 GMX Radiators will try within all reasonable limits to ensure any queries relating to its products or goods are answered to the buyers satisfaction.
4.1 In any event, GMX Radiators shall not be liable under, or in connection with these terms and conditions in contract, tort, negligence, pre-contract or other representations or otherwise for any damages or consequential loss whatsoever.
4.2 The provision of this clause (Clause 4) shall be construed separately, applying and surviving even if for any reason one or all of the other clauses are deemed inapplicable or unenforceable in any circumstances and shall remain in force not withstanding the expiry or termination of our agreement.
5. Use of Products:
5.1 All GMX products, unless otherwise stated, are for the intended use only. They must not be tampered with or changed in any way - any changes or alterations made to GMX products will immediately invalidate the warranty.
5.2 It is the buyer's responsibility to ensure that the products are used in full accordance with the instructions.
5.3 GMX Radiators cannot accept any esponsibility whatsoever for any loss or injury resulting from the proper or inproper use of their products.
5.4 GMX Radiators cannot accept any esponsibility whatsoever for any damage or loss caused to any third party equipment as a result of the installation of a GMX product.
5.5 GMX Radiators will not accept liability for use of any of its products that is not in accordance with the instructions enclosed with each purchase. .
6. GMX Products & Services:
6.1 GMX can manufacture specialised alloy parts to customers specifications and are also specialist alloy welders.
6.2 The effectiveness of GMX Radiators goods and products depends on the user, in most cases the desired effects are achieved. However there is no guarantee of their effectiveness in every case.
7. Privacy Statement:
7.1 GMX Radiators respects your personal information. We will only use the information for the following purposes: a. Processing orders and customer accounts. b. To administer our business. c. Statistical purposes. d. To notify you of GMX Radiators products/goods/services unless you have objected to this.
7.2 GMX Radiators will not pass any personal information to third parties without your prior consent (subject to terms 7.4 and 7.5).
7.3 You have the right to access the personal data we hold about you at any time.
7.4 You should be aware that if we are requested by the Police or any regulatory or government authority investigating suspected illegal activities, we may be enforced to supply customers personal information, which we shall.
7.5 We also reserve the right to disclose individually identifiable information to third parties where a complaint arises concerning your dealings with GMX Radiators and those dealings are deemed by us inconsistent with our terms and conditions.
8.1 In certain situations GMX Radiators may be prepared to give refunds in respect of goods/products purchased from us. There is no automatic right arising from this term to a refund. A request for a refund must be made in writing to GMX Radiators within 10 days of receipt, each case will be assessed.
8.2 We regret that we are unable to refund the cost of bespoke alloy parts made to a customer's specification unless the part is faulty and beyond repair by GMX.
8.3 Bespoke items that can possibly be resold may be returned for a 20% restocking fee
8.4 The decision of GMX Radiators is final.
8.5 Your statutory rights are unaffected.
9.1 Whilst GMX Radiators tries to ensure that all of our products and services meet the high standards expected by our customers there may be certain times when we may be unable to meet them, these are detailed below.
9.2 Force Majeure- where there are circumstances beyond our control e.g. Acts of God, strikes, lock outs, accidents, war, acts of terrorism. This list does not exclude other such events beyond our reasonable control.
9.3 In any such event as detailed in 9.2 GMX Radiators shall try to resolve any such problem insofar as it is practicable.
10. Applicable Law:
10.1 We reserve the right to change our terms and conditions without prior notice in accordance with the relevant or applicable law.
10.2 If you have any queries regarding these terms then please contact GMX Radiators at: email@example.com. We will try to resolve any queries as soon as possible.
10.3 Each of the Clauses of these Terms and Conditions shall be construed separately (unless otherwise stated) and independently of each other. Invalidity of any one part shall not affect the validity of any other part.
10.4 This agreement shall be governed by the laws of England and you agree to submit to the exclusive jurisdiction of the English courts.
10.5 Your statutory consumer rights are unaffected by these terms and conditions.