Standard conditions of sale

1. Definitions

1.1 "Buyer" means the trader who buys or agrees to buy the Products from the Seller.

1.2 "Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

1.3 "Delivery date" means the date specified by the Seller when the Products are to be delivered.

1.4 "Products" means those goods specified.

1.6 "Seller" meansGadsWholesale

2.2 “Buyer’s Premium” means an amount equal to ten percent (10%) of the Winning Bid Amount on each completed Sale of Inventory.

2.3 A "Completed Purchase" occurs when the Purchase Price for the Inventory has been received in the GadWholesaleaccount, on behalf of Seller, as specified in the Email Invoice.

2.4 “Email Invoice” means the invoice sent to you by GadsWholesale via email as a result of your bid being the winning bid for Inventory, which shall include the winning bid amount, shipping and handling charges (in some cases), applicable taxes and Buyer’s Premium.

2.5 "Extended Bidding" shall mean the circumstance where the closing time of a Listing is extended by some number of minutes ("x") as a result of a bid being placed within a certain number of minutes ("y") prior to the current closing time of a Listing. The values of X and Y can differ from Listing to Listing. For example, if a bid is placed in the final Y minutes of the original end time for a particular Listing, the bidding period will be extended by X minutes. If a bid is then placed within Y minutes before the new end time, the bidding period will be extended again for X minutes until there are no new bids placed for that auction asset for Y minutes.

2.6 "Inventory" means the products that are available for purchase on the Site under the terms described herein.

2.7 "Listing" means the content on the Site associated with particular Inventory, including, but not limited to, the description and quantity of the Inventory. Sellers and GadsWholesale shall have the right to modify or correct any Listing at any time prior to the end time of the Listing and, unless a cancellation is made by GadsWholesale or Seller pursuant to Section 4.2, such modification shall be binding on any purchase of any Inventory placed after such modification has been made.

2.8 "Promotional Content" means any and all information, service or content provided by Sellers, GadsWholesale or their respective agents, in any medium, in connection with these Terms of Purchase, including promotional content and Listings to be displayed on the Site.

2.9 “Purchase Price” means, with respect to any Inventory, the Winning Bid Amount, Buyer’s Premium and all applicable shipping and handling charges and taxes.

2.10 “Winning Bid Amount” means, with respect to any Inventory, the highest bid placed for such Inventory at the final closing time for the auction of such Inventory. The Winning Bid Amount does not include shipping charges (if applicable), taxes or Buyer’s Premium, the payment for each of which Buyer shall remain liable for.

2. Conditions of Sale

2.1 The Seller shall sell and the Buyer shall purchase the products in accordance with any verbal or written quotation of the Seller which is accepted by the Buyer, or any written or verbal order of the Buyer which is accepted by the Seller including but not limited to orders electronic mail or telephone conversation, subject in any case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or is purported to be made, by the Buyer.

2.3 Any typographical or clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

2.4 If any provision of these conditions is adjudged invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected.

2.5 If the Seller does not have sufficient stock to be able to deliver the goods ordered by the Buyer then any sum paid by the Buyer will be refunded or re-credited to your account and the Seller will notify the buyer at the address given on the order form. The refund will be made as soon as possible and, in any event, within 30 days of your order and the Seller will not be obliged to offer any compensation for disappointment suffered.

2.6 That on no occasion will any catalogue or other promotional literature belonging to any source company or its association firm and companies be used in any way whatsoever in connection with the resale of the merchandise.

2.7 That all the MERCHANDISE sold to THE BUYER there under is sold without guarantee as to fitness for purpose and on the understanding that the BUYER will ensure that the goods are made safe and serviceable before re-sale. No warranty whether expressed or implied by law will attach to any such sale. It is the prerogative of a BUYER to inspect the merchandise offered for sale. GadsWholesale will assume that such an inspection has been made. Arrangement to inspect can be made with appropriate members of staff.

2.8 THE BUYER will indemnify GadsWholesale from and against any claims whatsoever resulting directly or indirectly from the resale of THE MERCHANDISE by THE BUYER

2.9 All stock is sold “ex warehouse”. Collection costs and arrangements are the responsibility of the BUYER. Any delivery arrangements will be based on agreed cost and to prior mutual arrangements.

2.10 No returns will be accepted from the BUYER, and no credit will be allowed for previously undiscovered defects, discrepancies in description or in quoted quantities.

2.11 BUYER must pay in full within 2 days unless account can be suspended or terminated

3. General Terms and Conditions

3.1 These terms and conditions shall be governed by and construed according to English Law.

3.2 Any agreement made may be terminated if the trader in any way fails or neglects to carry out or observe any of the provisions made in the following Terms and Conditions.

3.3 Please note that there is no guarantee of availability of merchandise for sale to the trader.

3.4 Although GadsWholesale will endeavour to ensure the accuracy of all information made available on the web site, neither GadsWholesale nor any directors, employees or other representatives will be liable for damages of any kind arising out of or in connection with the use of this site.

3.5 Price and availability information is subject to change without notice.

3.6 All prices quoted exclude VAT at current UK rate. All goods remain the property of GadsWholesale until paid for in full.

3.7 All goods unless otherwise stated are untested and will need to be tested or repaired.

3.8 Unless otherwise stated no guarantee is offered or implied with the goods.

3.9 Buyers Responsibility You are responsible to make adequate investigation to the trade that you are entering.

3.10 We are a trade company, if you are unsure what you are buying then please seek advice from us or independently. All information given by our staff and company web site is to be used as a guide only.

3.11 All the contents and images used on our website are copy protected and under no circumstances can be copied, scanned or reproduced by anyone without our written consent.

3.12 All goods are sold only on the condition that the buyer meets all health and safety regulation and current trading standards regulations within the EEC. The buyer also agrees to make safe or use for spare parts any damaged or faulty goods before offering them for sale to a third party or members of the public.

3.13 Goods sold outside the EEC All goods sold outside the EEC must comply with relevant laws, rules and regulations applying to each particular country.

4. Termination

These Terms of Use are effective unless and until terminated by either you or GadsWholesale. You may terminate these Terms of Use at any time, provided that you discontinue any further use of this Site. GadsWholesale also may terminate these Terms of Use at any time and may do so immediately without notice, and/or may deny you access to the Site or Services, in GadsWholesale's sole discretion.

5. Indemnification

You agree to defend, indemnify and hold harmless GadsWholesale, its affiliates, and their respective directors, officers and employees from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your breach of these Terms of Use, your improper use of the Site or Service, or your breach of any applicable law or infringement of the rights of a third party. GadsWholesale shall have the right to participate in the defense of any such claim, at its own cost. You may not settle or negotiate any claim that results in liability to, or imposes any obligation upon, GadsWholesale, financial or otherwise, without GadsWholesale’s written consent.