Galaxy America Inc Terms of Sale
"Galaxy Bulls" is a trading style of Galaxy America Inc.
GALAXY AMERICA Inc (the “Company”) hereby offers its
products for sale to Customers, upon the following terms and conditions. The Company may revise these
conditions of sale at any time. Customers hereby expressly agree that the terms and conditions contained
herein shall govern the contract of sale between Company and Customer. In the event of a difference in terms
between this document and any Customer-drafted ordered document, the terms and conditions herein shall
nevertheless still govern and control the terms of sale.
A. GENERAL CONTRACT TERMS &
1. Company agrees to honour all price quotations for 30 days
(subject to the availability of the goods at the date of acceptance of order or Confirmation by
2. Order Acceptance by the Customer must be by way of an
unqualified acceptance of our written quotations and its contents, terms and conditions. Descriptions,
illustrations, specifications, drawings and particulars of weights and dimensions contained in our
catalogues, advertisements and other literature are approximate only.
3. Any amendment of these conditions of sales shall not be
valid, unless and until expressly agreed by the Company, in writing.
4. No binding contract of sale shall exist unless and until
the Company’s written Confirmation of the Customers Order is sent by the Company and then received back
signed by the Customer.
5. Customers acceptance of delivery of the goods shall be
deemed conclusive evidence of the Customers acceptance of the conditions.
B. CHANGES IN PRODUCT SPECIFICATIONS.
1. The company reserves the right to make changes in its
products at any times without notice, including changes in the materials, dimensions, colours, and design of
our products and such changes shall not affect the validity of any contract, so long as such variations and
modification do not adversely affect in any material way the performance of the products, or the overall
quality of the product. Dimensions quoted are estimates.
C. COMPLAINTS AND WARRANTY
1. In lieu of all warranties conditions or liability implied
by law our liability in respect of any defect in goods or for any loss, injury or damage attributable thereto
shall be limited to, at the Company’s option, (I) the supply of any new goods in exchange of defective goods,
or (ii) repair at the Company premises of defective goods or, (iii) payment of value of defective goods. Save
as aforesaid and without prejudice thereto the Company shall not be liable for consequential loss or other
damages howsoever arising.
2. Further, we shall not be liable: (I) unless claim is
detailed in writing within 12 months of invoice date; (ii) to accept return of goods until we have examined
them; (iii) unless goods supplied are installed and demonstrated at the time of installation by the Company
or installed as advised by the Company
3. In respect that our goods include design and artistic
work, not capable of precise definition, our obligation to supply goods to customers order is limited to
supplying goods reasonably in compliance with any specification forming part thereof. We reserve the right to
substitute colours without prior notice.
4. It is understood that our goods have a limited life, the
length of which is determined according with the amount of use; consequently goods used extensively will not
last as long as goods used occasionally; Customer accepts that he has no claim by reason of goods
deteriorating through use. Play items fitted on an inflatable bed are subjected to abnormal wear and will not
be the subject of a liability of any nature by the Company.
5. Any defect arising from misuse, abuse or by disregard of
the Companies operations instructions will automatically invalidate all guarantees and
6. Rubber heads, horns & ears, bull hide, grab ropes; jack plug & socket for
connections, carpet base, graphics & artwork are not covered by the warranty
7. All goods returned to the Company for work under
guarantee or work undertaken at the customer’s request and at his cost shall be returned in a clean and dry
condition properly rolled and / or packed. Should the Company judge that the goods are not in fit condition
as to cleanliness, the customer will bear all costs of putting such goods in fit condition by removing them
for cleaning or providing labour or at the cost of labour to put the goods in fit condition? The customer
will pay for transport for goods returned and redelivered for repair work to the Company at our premises at
cost. Whether under guarantee or on commissioned repair.
1. Unless agreed to in writing or otherwise, all prices
quoted are for goods EX WORKS Port Charlotte Florida USA
2. The Company reserves the right to change prices, in the
event of fluctuations in the cost of labour, materials, currency exchange rates, or import duty, which occur
in the course of manufacturing the goods.
3. A 50% deposit is payable with the order, unless otherwise
stated in writing.
4. Balance of the price to be paid and cleared prior to
5. Prices exclude all
taxes where applicable. Unless otherwise stated in writing
6. The deposit is not
7. All prices printed & quoted are ex-works Port
Charlotte Florida USA
8. The equipment remains the property of the Vendor until
such time all the money due for the purchase of the said equipment is received and until such time the
customer is expressly prohibited from selling, parting with possession, charging, hiring or otherwise
disposing of the equipment If, nonetheless, the customer acts in breach of this clause he should be deemed to
do so as a fiduciary agent of the Vendor. Furthermore, until such money is received, the Purchaser is under
obligation to keep the equipment in good condition and in full working order. In the event of any failure by
the Purchaser to pay the Vendor any sums due in respect of the said equipment in accordance with the agreed
terms, or in the event of any other breach by the Purchaser of these terms and conditions or in the event of
bankruptcy before final payment, the Vendor shall be entitled forthwith to retake possession of the
9. Although the above clause exists, the Purchaser is still
responsible for the money (equal to the price of the equipment) should the equipment be damaged or destroyed
or become unusable due to changes in the law or the imposition of taxes or any other reason the Vendor may
have not wishing to repossess the equipment. Any money paid as deposit, or otherwise, towards the purchase of
the equipment shall be forfeited if repossession of the equipment by the Vendor or his appointed agent, takes
place due to non-settlement of the outstanding balance.
1. Delivery dates are an indication of endeavour to comply, but not guaranteed
and are not the essence of any contract.
2. Deliveries by road, rail, air or sea will be
charged for at cost. The Customer is responsible for goods in transit insurance for all
in goods passes to the Customer at the time of dispatch; thereafter the Customer shall affect all reasonable
4. Save as aforesaid and without
prejudice thereto the Company shall not be liable for consequential loss or other damages howsoever
5. All customers must examine all goods/packages
for any breakages prior to signing the receipt of shipping document. If any breakages are found you must
notify the Company and the shipping line immediately. Failure to do so may invalidate any claim for
1. Contract is subjected to our obtaining any necessary
Customer is bound to obtain all necessary import
permissions, failing which customer is in breach.
Prices exclude import duties, taxes, landing, warehousing etc. Unless
All drawings, designs, brochures & promotional material.
prepared by us remain our property, and must not be reproduced in any manner without our permission in
writing; In providing any specification or description to us for manufacture the customer binds himself to
indemnify us completely should manufacture in accordance therewith infringe the rights of any
We reserve the right to display our trademark on all our
products, and action will be taken against anyone removing or defacing such trademarks.
These conditions and any Contract between Company and
Customer shall be governed by the laws of the State of Florida.
The Customer hereby aggress to submit to the jurisdiction of the Court located in the Charlotte County
Dealers and Distributors are not agents of the Company and
have absolutely no authority to bind the Company by any expressed or implied undertaking or