Terms and Conditions - SALES

1. ENTIRE CONTRACT
This document contains the terms of sale. The entire contract between Seller and Buyer is contained in this order acknowledgement; no alleged oral promises or conditions not set forth herein shall be binding upon Seller or Buyer, and any prior negotiations between the parties are merged herein.

2. BILLING OF ORDER
Goods not purchased online via the Sixfields Memorabilia website will be billed once confirmation has been made by email, telephone or postal mail. The invoice shall be due and payable upon receipt. Until such time has payment has cleared the goods will remain listed on the website as unsold. Once you place an order with Sixfields Memorabilia it will be processed once payment is received. The delivery date of your order will vary based on when payment is received and the date the order is placed.

3 . LIMITATION OF WARRANTY. THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR a PARTICULAR PURPOSE. However, Seller warrants that the goods sold shall conform to the description and quantity specified. If the sale is based upon a sample, the sample shown by Seller to Buyer was for demonstration purposes only, and Seller makes no warranty that the goods delivered shall conform to the sample; nonconformity of the goods to the sample is not a part of the basis of the bargain between Seller and Buyer. If this order includes goods which have been fabricated in accordance with drawings or renditions by Buyer, those goods are only warranted to be in substantial compliance with the descriptions of any such drawings

4. LIMITATION OF LIABILITY. SELLER’S LIABILITY SHALL BE LIMITED TO THE COST OF REPLACING REJECTED GOODS TO THE POINT OF DELIVERY AS SPECIFIED IN THIS ORDER WITHIN A REASONABLE PERIOD OF TIME FOLLOWING PROPER AND TIMELY DAMAGES, OF ANY NATURE WHATSOEVER, ARISING FROM NONCONFORMITY OF GOODS OR DELAY IN SHIPMENT.

5. REJECTION
A rejection of the goods by Buyer shall not be effective unless it is made and written notice thereof is given to Seller within five (5) days after the goods arrive at the destination specified on this order acceptance.

6. DEFAULT
If Buyer becomes insolvent or makes any default hereunder or under any other contract between the parties hereto, Seller at its option may defer delivery hereunder until default is cured, or may treat default as a repudiation by Buyer of this order in its entirety, resell the goods and hold Buyer liable for such damages as Seller may incur, including consequential and incidental damages.

7. FAILURE TO TAKE DELIVERY
If the Buyer fails to take delivery, the goods shall be held at Buyer’s sole risk in all respects. Nevertheless, Seller, acting as Buyer’s agent and at Buyer’s expense, may thereafter store, insure and/or otherwise protect the goods or may resell same for buyer’s account.

8. CANCELLATION
Except as otherwise provided herein, this order shall not be cancelled except by mutual consent or by giving 30 days notice. If Buyer is in default by failure to pay any previous invoice within credit terms at the expected date of shipment of this order, or if Seller has received any adverse credit information about Buyer, Seller may delay shipment and/or cancel this order acceptance.

9. FORCE MAJEURE
Seller shall be free from any liability for delay or failure in shipment arising from strikes, lockouts, labour troubles of any kind, accidents, perils of the sea, fire, earthquake, civil commotion, war, government acts, restrictions or requisitions, failure of manufactures or suppliers to deliver, bankruptcy or insolvency of manufacturers or suppliers, suspension of shipping facilities, act or default of carrier or any other contingency of whatsoever nature beyond Seller’s control affecting production, transportation to boarding point, loading, forwarding or unloading at destination of the goods covered by this contract including disturbances existing at the time this contract was made. In such a situation, if shipments or delivery is not make during the period contracted for, Buyer shall accept delivery under this contract when shipment is make; provided, however, Buyer shall not be obligated to accept delivery if shipment is not made within a reasonable time after the cessation of the aforementioned impediments or causes.

10. LEGAL PROCEEDINGS
The parties agree that any legal proceeding brought to enforce the terms and conditions of this order acceptance shall be conducted in the appropriate court located in United Kingdom. This order acceptance shall be governed by the laws of England and Wales.

11 . BINDING EFFECT
If any clause of this order acceptance is determined by any tribunal to be unenforceable, the clause shall be deleted, and the balance of the order acceptance shall be binding upon the parties.

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