Terms and Conditions 1

DEFINITIONS
1 “Buyer”: means person, to whom the Company may agree to supply Goods in accordance with these conditions
2 “The Company”: means Viva Trampolines S.L., or any subsidiary, or associated company (as the case may be).
3 “Goods”: means any goods and/or software items to be provided by the Company to the Buyer in accordance with these conditions.
4 “Contract” means the contract for the supply of the Goods.

ORDER ACCEPTANCE
1 All orders placed by the Buyer whether written or oral shall constitute an offer to the Company under these conditions subject to availability of the Goods and to acceptance of the order by the Company’s authorized representative. Any quotation given by the Company does not constitute an offer capable of acceptance.
2 All orders are accepted and Goods supplied subject to these conditions only. No terms or conditions put forward by the Buyer shall apply. No amendment of these conditions will be valid unless confirmed in writing on or after the date hereof by the Company’s authorized representative.

DELIVERY
1 Any dates given for delivery by the Company are estimates only and the Company shall not be responsible for any delays.
2 All Contracts entered into where stock permits will be sent for next day delivery. Should the Buyer require an improved service this will be subject to availability. The Company will make an increased charge.
3 The Company reserves the right to make delivery by instalments. In the event that these conditions shall apply each delivery will be treated as though it were the subject of a separate contract and failure by the Company to deliver any one or more instalments or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the contract as a whole as repudiated.
4 Delivery shall be effected at the time when the Buyer collects the goods from the Company or in cases where delivery is to be carried out by the Company at the request of the buyer is made to the address specified by the Buyer. The Buyer shall inspect the Goods on delivery. Where the buyer is reselling goods for direct delivery to a third party it is the buyer’s responsibility to organize the inspection of goods. If the Buyer shall give written notice as aforesaid the buyer shall comply with the Company’s instructions concerning the return or retention for inspection of such Goods which shall be at the Buyer’s risk until back in the possession of the Company.
5 All requests for proof of delivery must be made within 5 working days of the delivery due date.

CANCELLATION AND RESCHEDULING
1 Subject to clause 8.2 any request by the Buyer for cancellation of any Contract or rescheduling of deliveries will only be considered by the Company if made at least 6 hours before dispatch of the goods and shall be subject to acceptance by the Company at the Company’s sole discretion and subject to a reasonable administration charge by the Company. The Buyer hereby agrees to indemnify the Company against all loss cost (including loss of profit the cost of labour and materials and overheads incurred) damages charges and expenses arising out of the Contract and its cancellation or rescheduling.

PRICES
1 Catalogues price lists and other advertising literature or material as used by the Company are intended only as an indication as to price and range of goods offered and no prices, descriptions or other particulars shall be binding on the Company.
2 All prices are given by the Company at the time of the Contract on an ex-works basis and unless otherwise agreed the Buyer is liable to pay for the cost of delivery. The Company may by giving notice to the Buyer at any time before delivery increase the price of the Goods to reflect any increase in the cost to the Company.
3 All prices are inclusive of I.V.A.