CONDITIONS OF SALE
1.1 In these Conditions:
“Customer” means the person who accepts a quotation of the Company or whose order for Goods is accepted by the Company.
“Goods” means the Goods (including any instalment of the Goods or any parts for them) which the Company is to supply in accordance with these conditions.
“the Company” Orapi Maintenance UK, Unit 8, Britannia Point, Patent Drive, Wednesbury, WS10 7XD, UK.
“Conditions” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Company and the Customer.
1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2.1 All quotations given, offers made, orders accepted and contracts entered into in relation to the Goods supplied or sold by or on behalf of the Company to its Customers are the subject of these Conditions.
2.2 No conditions or stipulations in or attached to any document submitted by the Customer or otherwise sought to be imposed by the Customer and which are inconsistent with these Conditions or which purport to add or to modify them in any way shall have any effect except to the extent, if at all, that they are expressly agreed by a duly authorised representative of the Company in writing. In the absence of such agreement the Customer shall be deemed to have withdrawn or waived all such Conditions or stipulations and to have agreed to contract solely on the basis of these Conditions.
2.3 The Company’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Company in writing. The customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
2.4 Any advice or recommendation given by the Company or its employees or agents to the Customer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by the Company is followed or acted on entirely at the Customer’s own risk and, accordingly, the Company shall not be liable for any such advice or recommendation which is not so confirmed.
3.1 The Customer shall be responsible to the Company for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Customer.
3.2 The quantity, quality and description of and any specification for the Goods shall be those set out in the Company’s quotation (if accepted by the Customer) or the Customer’s order (if accepted by the Company).
3.3 The Company reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory requirements or, where the Goods are to be supplied to the Company’s specification, which do not materially affect their quality or performance.
3.4 No order which has been accepted by the Company may be cancelled by the Customer except with agreement of a duly authorised representative of the Company and on terms that the Customer shall indemnify the Company in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Company as a result of cancellation.
3.5 If the Goods are to be manufactured or any process is to be applied to the Goods by the Company in accordance with a specification submitted by the Customer, the Customer shall indemnify the Company against all loss, damages, costs and expenses awarded against or incurred by the Company in connection with or paid or agreed to be paid by the Company in settlement of any claim for infringement of any patent, copyright, design, trademark or other industrial or intellectual property rights of any other person which results from the Company’s use of the Customer’s specification.
4.1 Prices stated by the Company in its quotations or when accepting orders or on any other occasion are subject to variation and any order accepted shall be subject to the express condition that the Company’s list prices ruling at the time of delivery of the Goods or the relevant part thereof shall apply.
4.2 In all quotations, offers, orders or contracts with the Company (unless otherwise stated) all the Company’s prices are stated ex
5.1 Payment for Goods sold by the Company to the Customer in accordance with the order price shall be strictly net and made in full together with any VAT payable within thirty days from end of month of invoice date.
5.2 If the customer defaults in making payment of any amount payable to the Company under any contract with the Company or any payment is not received when due the Company may at its option without prejudice to its other rights:
a) suspend or cancel further deliveries under the relevant or any other contract with the Customer and/or (notwithstanding that it may have charged interest under paragraph (b) below) resell the Goods;
b) charge interest (whether before or after judgement) at a rate of 2% per annum above the base rate from time to time of Royal Bank of Scotland on the amount at any time outstanding from the date due for payment until payment.
6.1 No claim for rejection of the Goods can be accepted unless made within seventy two hours of receipt of Goods. In the case of non-delivery notification should be given to the Company within seven days of the invoice date that the Goods have not be delivered.
6.2 The Customer’s acceptance of delivery of the Goods shall, unless the Customer notifies the Company in writing within seven days of the arrival of the Goods of any defect, constitute conclusive evidence that the Customer is satisfied with the Goods.
6.3 Goods represented by the Customer to be defective shall not form the subject of any claim by the buyer for any loss, damage or expense whatsoever arising directly or indirectly from such defects, but such Goods, if returned to the Company and accepted by the Company as defective, will at the request of the Customer, and if practicable, be replaced as originally ordered.
6.4 If the Company agrees for any reason to collect Goods from the Customer’s premises as returns then (except in the case of Goods considered by the Company to be defective) the Company reserves the right to levy a handling charge of 20% of the price to the Customer of the Goods collected. The Company reserves the right to vary the handling charge at its discretion.
6.5 If the Customer refuses delivery then (except in the case of Goods considered by the Company to be defective) the Company reserves the right to levy a handling charge of 20% of the price to the Customer. The Company reserves the right to vary the handling charge at its discretion.
7.1. Where a period is named for delivery and such period is not extended by mutual consent in writing the Customer shall take delivery within that period.
7.2. Any time or date delivery named by the Company is an estimate only and the Company shall not bear any liability whatsoever for any loss or damage arising wholly or in part by reason of delay in delivery.
7.3. In any case of delivery to be made by instalments a failure to deliver one instalment shall not give rise to any right on the part of the Customer to repudiate the Contract (whether entirely or as to some instalments only).
8.1 All Goods supplied by the Company (unless otherwise expressly agreed in writing at the time of concluding any contract) are supplied on the following basis namely that:
i) the Customer is not placing any reliance on the Company’s skill or judgement in determining the suitability of the goods sold for any particular purpose; and
ii) subject to the provisions of Clause 8.2 the Customer is not placing any reliance on any representation made by any representative or agent of the Company as to the fitness suitability description specification or quality of the Goods to be supplied by the Company.
8.2 Subject to the provisions of this Clause the Company warrants that the Goods will correspond with their specification at the time of delivery.
8.3 Except to the extent that the same are or may be consistent with any provision of these Conditions there are hereby excluded all warranties conditions or other terms express or implied and whether arising under statute or common law or sought to be imposed by the Customer or otherwise howsoever as to the fitness, suitability, specification or quality of the Goods supplied by the Company.
8.4 Any claim by the Customer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Customer) be notified to the Company within seven days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection within a reasonable time after discovery of the defect or failure) if delivery is not refused and the Customer does not notify the Company accordingly, the Customer shall not be entitled to reject the Goods and the Company shall have no liability for such defect or failure, and the Customer shall be bound to pay the price as if the Goods have been delivered in accordance with the Contract.
8.5 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Company in accordance with these Conditions, the Company shall be entitled to replace the Goods (or the part in question) free of charge or, at the Company’s sole discretion, refund to the Customer the price of the Goods (or a proportionate part of the price) but the Company shall have no further liability to the Customer.
9.1 In no circumstances whatsoever (whether or not involving any negligence on the part of the Company its agents or employees) shall the Company be liable to the Customer of any third party for any consequential loss or damage incurred by the Customer by reason of any failure or delay of the Company to perform its obligations to the Customer or anything done by the Company in the performance or purported performance or otherwise in connection with any of its obligations to the Customer.
9.2 The total liability of the Company for any damages in action based on contract or tort arising out of or in connection with any sale of goods by the Company to the Customer shall not exceed the total price paid to the Company by the Customer for Goods sold to the Customer by the Company during six months immediately preceding the event giving rise to such action.
9.3 The Customer shall indemnify the Company and keep the Company fully and effectively indemnified against any loss of or damage to any property or injury to or death of any person caused by negligent act or omission or wilful misconduct of the Customer, its employees, agents or sub-contractors including but not limited to any negligent or reckless use or any use contrary to any relevant instructions for use of any of the Company’s products by any such person.
9.4 Without limitation to the provisions of this Clause the Company shall not be responsible for and shall be indemnified by the Customer against any claims for any damage or injury to persons or property caused by or arising from or attributable directly or indirectly to the handling or use of the Goods or the container or packaging in which the Goods are supplied by the employee’s agents or representatives of the Customer.
9.5 The Company shall not be liable to the Customer or be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the Goods if the delay or failure was due to any cause beyond the Company’s reasonable control.
10.1 The Customer undertakes with the Company to ensure compliance by its employees agents or representatives with any safety requirements precautions or instructions for safe handling of the Goods given by the Company and take such other steps as, having regard to the nature of the Goods, are necessary to preserve the health and safety of persons handling them.
11.1 All the risk, whether of loss, damage, deterioration or otherwise in respect of the Goods shall be borne by the Customer immediately upon delivery to the Customer or to the Customer’s agent or carrier as the case may be.
12.1 Irrespective of any other provision contained in these Terms and Conditions or Rule of Law or (to the extent it may be excluded) any statutory provision, and notwithstanding any course of dealing between the Company and the Customer title to any Goods shall not pass from the Company to the Customer unless and until:
i) the Goods have been delivered in accordance with these Conditions; and
ii) the Customer shall have made payment in full for such Goods; and
iii) the Customer shall have fully discharged all other indebtedness or liability of the Customer to the Company.
12.2 Pending passing of title the Company may require the Customer:
i) to mark the Goods as being the property of the Company; and
ii) to store the Goods in such a way that they are clearly identifiable as the Company’s products.
13.1 This Clause applies if:
a) the Customer makes any voluntary arrangements with its creditors or becomes subject of an administration order or (being an individual or firm) becomes bankrupt or (being a Company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
b) an encumbrance takes possession, or a receiver is appointed, of any of the property or assets of the Customer; or
c) the Customer ceases, or threatens to cease, to carry on business; or
d) the Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
13.2 If this clause applies then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel any outstanding order or suspend any further deliveries without liability to the Customer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
14.1 Any Contract subsisting between the Company and the Customer shall be construed in all respects in accordance with the laws of England and is subject to the jurisdiction of the English Courts.
This referral offer (“Offer”) is run by Orapi Maintenance UK Ltd (“Orapi Maintenance”, “we”, “our”, or “us”).
2.1 The Offer is open to UK residents aged 18 years or over who are members or visitors of Sandwell Golf Club.
2.2 Employees of Orapi Maintenance, their families, agents, or anyone professionally connected with the Offer are not eligible to participate.
2.3 Referrals must be genuine businesses or professionals operating within manufacturing, engineering, or industrial sectors.
2.4 Referrals must be a known contact to the person making the referral.
3.1 To make a referral, participants must:
● Scan the QR code displayed on-screen at Sandwell Golf Club; and send a text message to notify Orapi Maintenance of their intent to refer.
● Or email the provided email address to notify Orapi Maintenance of their intent to make a referral.
3.2 Orapi Maintenance will contact the referrer to confirm referral details.
3.3 Each referral must include the referred individual and company names and valid business contact information (email or telephone number).
3.4 There is no limit to the number of referrals that can be made, however, each referral must be unique and genuine. Duplicate or repeated referrals for the same contact will not qualify for additional rewards.
3.5 Once someone has been referred to us, they will no longer qualify for further referrals.
4.1 The referrer will receive one (1) box of 12 Titleist Pro V1 Golf Balls for each successful referral that results in the referred business becoming a verified customer of Orapi Maintenance.
4.2 A “verified customer” means a business that:
● Places and pays for their first order with Orapi Maintenance; and
● Is not an existing or previously active customer.
● Has not already been referred to us.
● Does not return their order.
4.3 Rewards will be issued within 30 days of the referred business becoming a verified customer.
4.4 Rewards are non-transferable and cannot be exchanged for cash or credit.
4.5 Orapi Maintenance reserves the right to substitute the reward with another item of equal or greater value if necessary.
5.1 Orapi Maintenance reserves the right to verify the validity of referrals and may request additional information to confirm authenticity.
5.2 Any referrals deemed to be false, self-referrals, or obtained through unethical means will be disqualified.
5.3 Orapi Maintenance’s decision on eligibility and reward validity is final.
7.1 All personal data collected in connection with this Offer will be processed in accordance with Orapi Maintenance’s Privacy Policy, available at https://www.orapiapplied.com/privacy-policy.
7.2 Contact details submitted for referrals will be used solely for the purpose of administering this Offer and contacting r
7.1 All personal data collected in connection with this Offer will be processed in accordance with Orapi Maintenance’s Privacy Policy, available at /privacy-policy.
7.2 Contact details submitted for referrals will be used solely for the purpose of administering this Offer and contacting referred businesses.
8.1 Orapi Maintenance reserves the right to amend, suspend, or withdraw this Offer at any time without prior notice.
8.2 Participation in the Offer constitutes acceptance of these Terms and Conditions.
