JS International Ltd Terms & Conditions of Business

1. Definitions

In these Terms and Conditions of Business:

• “The Company” means JS International Ltd, (company number 02902894) of Unit B, 3 Regal Way, Watford, WD24 4YJ, UK.

• “The Buyer” means the person, firm or company purchasing goods from the Company.

• “The Goods” means the golf products to be supplied by the Company to the Buyer.

2. Applicable Terms

These Terms and Conditions of Business apply to the sale of any Goods and will prevail over any other terms or documents.

3. Price

The price payable for the Goods is the Company’s price as stipulated on the Company’s invoice.

4. Payment Terms

All sums are due to the Company in cleared funds within 30 days from the invoice date, unless otherwise specified by the Company.

• The Company reserves the right to charge interest on overdue sums at the rate applicable from time to time under Late Payment of Commercial Debts (Interest) Act 1998 (as amended) or, if none, then at 4% over Barclays Bank base rate per month.

• All prices are exclusive of value added tax, which will be charged in addition to the purchase price of the Goods.

5. Delivery Dates

are given in good faith but are estimates. The Company shall not be liable for any loss resulting from late delivery.

6. Retention of Title

a) Title to the Goods shall remain vested in the Company and shall not pass to the Buyer until the Company receives payment in full for the Goods (and any other goods that the Supplier has supplied to the Customer), in which case title to the Goods shall pass at the time of payment of all such sums have been paid in full and received by the Company. Until title to the Goods passes:

• the Buyer may resell the Goods, in which case title to the Goods shall pass to the Buyer immediately prior to that sale;

• the Company shall have authority to retake, sell or otherwise deal with and/or dispose of all or any part of the Goods;

• the Company and its agents and employees shall be entitled at any time and without the need to give notice enter upon any property upon which the Goods or any part are stored, or upon which the Company reasonably believes them to be kept;

• the Buyer shall store or mark the Goods in a manner reasonably satisfactory to the Seller indicating that title to the Goods remains vested in the Seller; and

• the Buyer shall ensure the Goods to their full replacement value, and arrange for the Seller to be noted on the policy of insurance as the loss payee.

b) Irrespective of whether title to the Goods remains vested in the Seller, risk in the Goods shall pass to the Buyer upon delivery.

7. Warranty Terms

All products supplied by the Company are under warranty against manufacturing and material defects for 12 months from the date of purchase (subject to clause 9).

8. Delivery Charge

A delivery charge will be added to the invoice for the Goods. The Company does not drop ship or ship to residential addresses.

9. Procedure for Faulty Products “Under Warranty”

a) The Buyer must supply appropriate proof of purchase and may be asked for photographic evidence. Depending on the fault, the Company will, at its discretion: replace or repair individual faulty components; or collect and repair the product; or give a credit for the price paid for the product.

b) This warranty does not apply to faults caused by misuse, damage or fair wear and tear of the product. The Company will not be held liable for defects under this warranty if the Buyer does not notify the Company within 12 months of the date of purchase.

10. Returns, Damaged or Missing Goods

a)Returns Goods cannot be returned without prior written authorisation from the Company. A deduction from the refund (up to the full amount) may be made against the goods if they are returned damaged or in an unsaleable condition or if the original packaging is damaged beyond what is reasonable to inspect the goods.

b)Damaged or Missing Goods Please inspect goods thoroughly before signing, if it is not possible to sign the proof of delivery note as “unchecked”. You must inform us in writing, via email within seven days of delivery if any goods are damaged or missing. We cannot accept liability for damaged or missing goods if you do not inform us within the seven day period.

11. Back Orders

Every effort is made to ship complete orders. If necessary, we will ship a partial order and move remaining items to back order. We will then ship the backorder as soon as possible. All back orders less than £50 will be cancelled unless carriage charge is paid.

12. Limitation of Liability

a) The Company will not be held liable to perform the contract if an event occurs which is outside the Company’s control, such as, an act of God, war, strikes, embargoes, Government refusal to grant licenses and abnormal weather conditions.

b) Save in respect of death or personal injury caused by the Company’s negligence, the Company shall in no circumstances be liable, in contract, tort or otherwise, for any indirect, special, consequential or incidental loss or damage (including, without limitation, loss of production, loss of profit, loss of contracts or claims of customers or third parties) resulting from the breach of these Terms and Conditions or from negligence, even if the Company has previously been advised of the possibility of such loss or damage occurring

c) The Company shall not be liable for any claim in respect of any damage which has been sustained to the Goods in transit unless the Company has been notified by the Buyer in writing within seven days after delivery date of the Goods to the Buyer.

13. Insolvency

If the Buyer takes any action to enter administration, liquidation or any arrangement with its creditors, being wound up, having a receiver appointed or threatens to cease to carry on Business, payment for all Goods shall immediately become due and the right under clause 9 for the Buyer to sell Goods shall be immediately terminated and the Buyer may be required to immediately return all remaining Goods whose title remains with the Company.

14. English Law and Jurisdiction

This Contract shall be governed by and construed in accordance with English Law and the parties irrevocably submit to the exclusive jurisdiction of the English Courts.

JS International Ltd, Unit B, 3 Regal Way, Watford, WD24 4YJ. UK

Tel: +44 (0)1923209440. Fax: +44 (0)1923 204 449 Email: sales@jsint.com