1. CONDITIONS OF SALE APPLY
The Company’s conditions of sale shall apply to and govern any Contract between the Company and the Customer to the exclusion of any condition contained on or in any order form letter, receipt acknowledgement, or other document emanating from the Customer and no variation of these Terms and Conditions shall be effective unless expressly agreed by the Company in writing. These Terms and Conditions shall supersede all previous terms and conditions existing between the Company and the Customer including any terms and conditions which the Customer may purport to apply. This Agreement shall not be cancelled except with the prior agreement of the Company.
- (a) The Company reserves the right to make without notice to the Customer any improvement or alteration to the Services which it thinks reasonable or desirable or which it is required to make by lawand such improvements or alterations shall not affect the validity of the Contract.
- (b) It shall be the responsibility of the Customer to immediately give the Company information and assistance required to enable it to proceed with the Contract and to ensure that the capacity andperformance of the Services are sufficient and suitable for the purpose or purposes intended.
3. PRICE & PAYMENT
- (a) Any quotation provided by the Company, whether written or oral, shall be deemed to incorporate these Terms and Conditions of Sale.
- (b) Any quotation provided by the Company is valid for a period of 30 days from the date of the quotation unless the Company provides written notice to the Customer that the quotation is withdrawn.
- (c) Quotations are based upon the costs of materials, labour, sub-contracts, transport, taxes, duties and currency exchange rates ruling at the date of the quotation. Quotations may be subject to revision and theCompany reserves the right to revise such quotation either to take account of any variation in such costs or the imposition of any new taxes or duties occurring or to revise the quotation due to the additional work or modifications required by the Customer or due to unforeseen circumstances or where we have not had an opportunity to carryout a visual inspection. The Customer will be notified in writing of any such revision.
- (d) A deposit may be payable in accordance with the Quotation. The price payable will be exclusive of VAT (which the Customer will pay in addition to the price payable and the Expenses at the then prevailing rate).
- (e) Payment of all sums due to the Company shall be made in full in cleared funds before the vehicle will be released to the Customer. Where the Quotation expressly provides for credit terms then payment shall bemade within 30 days of the date of the invoice. For the purposes of the next Clause the due date (“the Due Date”) shall be the date upon which the Customer is told the vehicle is ready or where credit termshave been expressly agreed 30 days after the date of the invoice (accordingly).
- (f) In default of payment being made by the Due Date the Company may :
- (i) suspend all work under all or any Contracts with the Customer.
- (ii) appropriate any payment made by the Customer in respect of any Services in settlement of such invoices or accounts in respect of such Services as the Company may in its absolute discretion think fit.
- (iii) exercise our statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998.
- (iv) charge storage at the rate of £20.00 per day or part of a day in respect of a vehicle not collected.
- (g) The Company retains title to all parts supplied until paid for in full by way of cleared funds.
The Customer will provide access to the Customer property and all reasonable assistance in identifying parts to the Company in the event of this clause being exercised.
- (h) Where the Company agrees to provide Services to the Customer on the basis of an account and credit arrangement the Company may :
- (i) In its absolute discretion set and re-alter the Customer’s credit limit.
- (ii) Suspend supply of the Services to the Customer should the price payable for such Services cause the amount owed by the Customer to the Company to exceed the Customer’s credit limit.
- (iii) Require the Customer to discharge payment in full within 30 days of the date of the invoice rendered by the Company to the Customer should the price payable that will become due upon supply ofthe Services together with all other indebtedness of the Customer to the Company not exceed the Customer’s credit limit.
- (i) Not withstanding that the Company may agree in writing a credit arrangement with the Customer the price payable shall become due and payable to the Company immediately upon termination of the Contractbetween the Company and the Customer.
- (j) In addition to the price payable the Customer shall pay to the Company the Expenses in accordance with this Clause 3 subject to receipt of an invoice by the Customer all those expenses.
- (a) The Company shall notify the Customer in the acknowledgement of order of the date upon which the Services will be provided.
- (b) Any date given by the Company pursuant to sub-paragraph (a) above, to the Customer shall be an estimate only. Time shall not be of the essence and the Company shall not be responsible for delay throughany cause which is beyond the reasonable control of the Company.
- (c) If the Customer refuses to accept the Services at the time required by the Contract the Company shall be entitled without prejudice to any other rights it may have to either treat the Contract as at an end or toinvoice the Services whereupon payment in full shall become due forthwith.
- (d) The Company may provide the Services on an instalment basis if it is so specified in the quotation provided to the Customer.
5. LIMITATION OF LIABILITY
- (a) If the Company discovers before performance of its contractual obligations commences or whilst it is progressing problems which could not reasonably have been foreseen or discovered beforehand and which affect materially the Company’s ability to perform its contractual obligations in accordance with the Company’s standards at the prices quoted it shall have the right to vary the price payable. If on notification of such variation the Customer accepts the variation in writing he shall be bound to pay them in substitution for the prices originally shown on the Order and shall otherwise remain fully bound by the terms of the Contract. If the Customer does not accept the revised prices the Company may cancel the Contract forthwith whereupon the Company shall be entitled to make a charge on a quantum merit basis for work done and expenses incurred. Save as aforesaid neither party shall be under any further liability to the other to make compensation or other payments so that the Customer shall be entitled to the return without interest of any deposit made by him.
- (b) Except where the Company’s liability is for death or personal injury as a result of negligence in no event shall the Company be liable for the following loss or damage howsoever caused and even if foreseeable or in the contemplation of the parties :
- (i) Economic loss (which shall include loss of profits business revenue goodwill and collateral damage);
- (ii) Administrative and overhead costs;
- (iii) Damages in respect of special indirect or consequential loss or damage;
- (iv) Any claim made against the Company by any other party;
- (v) Damage caused to windows and/or tyres;
- (vi) Damage not directly attributable to our negligence;
- (vii) The claim arises after 12 months or 12,000 miles from the date of invoice or where the customer fails to maintain the vehicle in accordance with the Company’s or manufacturer’s instructions.
- (c) To the extent permissible by Law, all warranties conditions or terms other than those expressly set out in this Contract are excluded including but not limited to all implied and statutory conditions.
- (d) The Company shall not be bound by any warranty or representation given by or made on its behalf unless specifically stated in writing and expressly signed stating it is to be incorporated in the Contract.
- (e) The Company shall be under no liability if the Services are not paid for by the Due Date.
- (f) Save where the Company is liable for death or personal injury, the Company’s entire liability shall in any event be limited to the value of the Contract.
6. SELLER’S RIGHT OF RESCISSION
Any Contract the Company has with the Customer shall be operational upon an order by order basis. Nothing in these terms and conditions shall imply any continuous relationship between the Company and the Customer. The Company shall have the option (without prejudice to any of its other rights against the Customer) by notice in writing to the Customer to rescind any Contract between the Company and the Customer or to suspend delivery in the following events :
- (a) Should any sum owing by the Customer to the Company be overdue whether under the same or any other Contract, or
- (b) Should the Customer be in breach of any term of the same or any other Contract with the Company, or
- (c) Should the Customer enter into any composition or arrangement with or for the benefit of its creditors, or have a receiving order in bankruptcy made against him or (if a corporate body) should go intoliquidation either voluntary or compulsory or under supervision or have a receiver or manager appointed over all or any of its assets or if the Customer threatens to cease trading.
7. FORBEARANCE BY SELLER
No forbearance or indulgence by the Company shown or granted to a Customer whether in respect of these terms and conditions or otherwise, shall in any way affect or prejudice the rights of the Company against the Customer or be taken as a waiver of any of these standard conditions.
8. FORCE MAJEURE
The Company shall not be liable for failing to perform the Contract whether wholly or in part if the failure is caused wholly or partly by any act of god, war, strike, lock-out, riot, civil commotion, industrial action, fire, flood, drought, tempest or other event or circumstance beyond the reasonable control of the Company.
The Company shall be entitled to assign sub-contract or sub-let this Contract or any part thereof. The Customer shall not be entitled to assign this Contract.
10. PROMOTIONAL MATERIAL
No drawings, descriptive matter, weight, dimensions or shipping specifications issued by the Company or the manufacturer of the Services, nor the descriptions and illustrations contained in the Company’s or manufacturers catalogues, price lists or other professional material will form part of the Contract nor be regarded as a warranty or representation relating to the Services.
The Company and the Customer agree that if any term of this Contract shall be adjudged by a Court of competent jurisdiction to be void or unenforceable but would be valid and enforceable if some part or parts thereof were deemed deleted or if it were deemed varied or modified in some way then such provision shall apply with such modification or variation as shall be necessary to make it valid and effective.
The numbers and headings in these conditions are for ease of reference only and do not form part of them for the purpose of construction.
These terms and conditions are governed by and are to be construed in accordance with English law and are subject to the exclusive jurisdiction of the English Courts. In respect of a consumer none of the terms and conditions affect your statutory rights.