Blue Catalogue STARCO Product range, 2014 (GB) | Page 180

GENERAL CONTRACTUAL CONDITIONS OF SALE
The customer’s attention is drawn in particular to the provisions of clause 9 (limitation of liability).
1. INTERPRETATION
1.1 Definitions. In these Conditions, the following definitions apply:
Business Day: a day (other than a Saturday, Sunday or public holiday) when
banks in London are open for business.
Conditions: the terms and conditions set out in this document as amended
from time to time in accordance with clause 12.6.
Contract: the contract between STARCO GB and the Customer for the sale
and purchase of the Goods in accordance with these Conditions.
Customer: the person or firm who purchases the Goods from STARCO GB.
Force Majeure Event: has the meaning given in clause 10.
Goods: the goods (or any part of them) set out in the Order.
Intellectual Property Rights: patents, rights to inventions, copyright and
related rights, trade marks, business names and domain names, rights in getup, goodwill and the right to sue for passing off, rights in designs, database
rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each
case whether registered or unregistered and including all applications and
rights to apply for and be granted, renewals or extensions of, and rights to
claim priority from, such rights and all similar or equivalent rights or forms
of protection which subsist or will subsist now or in the future in any part of
the world.
Order: the Customer’s order for the Goods, as set out in the Customer’s
purchase order form, the Customer’s written acceptance of STARCO GB’s
quotation, or overleaf, as the case may be.
Specification: any specification for the Goods, including any related plans
and drawings, that is agreed in writing by the Customer and STARCO GB.
STARCO GB: Starco GB Limited (registered in England and Wales with company number 02257163).
2. BASIS OF CONTRACT
2.1 These Conditions apply to the Contract to the exclusion of any other
terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2 The Order constitutes an offer by the Customer to purchase the Goods in
accordance with these Conditions. The Customer is responsible for ensuring
that the terms of the Order and any applicable Specification (whether submitted by the Customer or not) are complete and accurate.
2.3 The Order shall only be deemed to be accepted when STARCO GB issues
a written acceptance of the Order (“Order Confirmation”), at which point the
Contract shall come into existence.
2.4 The Contract constitutes the entire agreement between the parties. The
Customer acknowledges that it has not relied on any statement, promise,
representation, assurance or warranty made or given by or on behalf of
STARCO GB which is not set out in the Contract.
2.5 Any samples, drawings, descriptive matter, or advertising produced by
STARCO GB and any descriptions or illustrations contained in STARCO GB’s
catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of
the Contract or have any contractual force.
2.6 A quotation for the Goods given by STARCO GB shall not constitute an
offer. A quotation shall only be valid for a period of 20 Business Days from its
date of issue.
3. GOODS
3.1 The Goods are described in STARCO GB’s catalogue as modified by any
applicable Specification.
3.2 To the extent that the Goods are to be manufactured in accordance with
a Specification supplied by the Customer, the Customer shall indemnify
STARCO GB against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional
costs and expenses) suffered or incurred by STARCO GB in connection with
any claim made against STARCO GB for actual or alleged infringement of a
third party’s intellectual property rights arising out of or in connection with
STARCO GB’s use of the Specification. This clause 3.2 shall survive termination
of the Contract.
3.3 STARCO GB reserves the right to amend the specification of the Goods if
required by any applicable statutory or regulatory requirements.

4. DELIVERY
4.1 STARCO GB shall en