GENERAL SALES CONDITIONS
These general sales conditions are applicable in general.
Changes have to be confirmed by GimarGolf. The delivered products should be used by authorized personnel only. Products will not be sold to private persons, shops or distribution centers. Deliveries will be made to club fitters only. GimarGolf reserves the right to change prices or conditions at any time and without prior notice.
1. Quotations and Purchase Orders
All quotations, purchase orders or agreements stipulated by GimarGolf or its representative have to be confirmed in writing. Any commissions or discounts granted by GimarGolf or its representative to professionals or marketeers must be agreed and confirmed prior to the contract of sale.
GimarGolf guarantees the quality according to products’ specifications. Club fitters have to check immediately after receipt whether the delivered goods are in proper conditions and if the they can be used for customers’ purpose. Non conformity reports should be received by GimarGolf within 8 days after delivery giving the following information: number of invoice, number and date of order and article number. Otherwise the delivered goods will be considered as accepted.
The liability of GimarGolf is limited to the replacement of goods and if justified, not later than 6 months after date of sale. In case of inexpedient use, incorrect storage or acts of god we refuse any liability. Delay in delivery or production stop is no reason for claiming damages. Complaints must be received by us within 8 days after receipt of goods. All brochures, catalogues and information are correct and informative to the best of our knowledge. Subject to change without notice.
4. Proprietary rights
All delivered goods are the property of GimarGolf until complete payment, clearing and settlement of the business. Material made available for the purpose of demonstration (demo clubs), remain the property of GimarGolf as well as of the fitter, in a corresponding ratio, who has assembled them.
The products developed and commercialised by GimarGolf are covered by copyright laws. The reproduction of the same or related technical documents is prohibited.
GimarGolf is committed to supply recognized and approved club fitters only. These club fitters undertake to carry out the assembly in a professional manner, using tested materials of renowned quality.
GimarGolf is recommending a list of proven shaft makers with the related shaft types and properties. GimarGolf reminds the club fitters that an incorrect assembly of clubs and the use of non-compliant materials can cause serious damage to the image of the company. Hence, in cases of proven abuse, GimarGolf reserves the right to take proper legal action. Moreover, GimarGolf assumes no responsibility for damage to persons or property caused by a faulty assembly by the club fitter. With regard to the selling price to the public of equipment with GimarGolf club heads, the club fitters are free to charge their prices. Upon request GimarGolf can supply guidelines which correspond to the average selling prices on the Swiss market.
7. Terms of payment
Before shipment in cash, bank transfer or credit card. Confidentiality and protection of personal data of the holder of the credit card is guaranteed.
8. Price base
EXW Manno (INCOTERMS 2010), VAT excluded – packing included
9. Court of jurisdiction
All relations between GimarGolf and its customers are within the jurisdiction of the local competent court of Lugano, Switzerland. The judicial authorities in Lugano, Switzerland will have sole jurisdiction over any controversy or dispute arising within the context of these relations.