Terms and Conditions
- a) In these terms and conditions, the phrase "the Company" shall mean Tyre Equipment Direct, and/or its associated Companies.
- b) The goods contained in the Company's price list are sold upon the following Terms and Conditions. Any Conditions printed on customers' order forms are binding only insofar as they are not at variance with these Conditions and they have been specifically agreed to, in writing.
ACCEPTANCE AND VARIATION OF PRICE
- i) All quotations whether verbal or in writing do not constitute offers and are subject to the Company's confirmation on receipt of the customer's order.
- ii) All prices quoted or listed by the Company are based on the prices of the Company's suppliers at the time of quotation or listing and are subject to adjustment prior to dispatch to cover any increase in such prices or in taxation or duty which might take place prior to delivery, and such prices are exclusive of packing, carriage, installation, and VAT.
- iii) Where goods are to be imported, the Company reserves the right to vary the price quoted to reflect the rate of exchange for the purchase of the relevant currency in pounds sterling.
DELIVERY AND INSTALLATION
- i) The Company will use its best endeavours to deliver at the time stated but delivery dates shall be regarded as estimates only. The Company shall not be liable for any delay occasioned by any cause whatsoever beyond the Company's control.
- ii) Goods shall be deemed to be delivered when delivered to the address in the United Kingdom specified in writing by the customer ("the site") not withstanding that installation (where applicable) may not be possible.
- iii) Unless otherwise stated the Company shall (where necessary) install the goods provided that the site has been prepared in accordance with the Company's instructions and all necessary facilities are freely available. If installation is not possible at the time of delivery due to no fault of the Company, the Company shall be entitled to make an additional charge in respect of any further visit to the site to install the goods.
- iv) In the case of delivery of goods by instalments, the customer will not be entitled to treat the delivery of faulty goods in any one instalment, or the late delivery, or non- delivery of any one instalment, as a repudiation of any contract with the Company.
- v) If the customer fails to give delivery instructions within14 days of it being notified the goods are ready for delivery the Company shall, (without prejudice to any other rights or remedies available to it), be entitled (but not bound) to store the goods at any available place at the customer's expense.
- vi) Unless otherwise stated goods will be consigned by the cheapest route with carriage paid by the customer.
- vii) If special arrangements are requested, by the customer, for consignment of goods all additional costs shall be paid by the customer.
RISK AND TITLE TO GOODS
a) The risk in the goods passes to the customer upon delivery but property in the goods remains vested in the Company and shall only pass from the Company to the customer upon full payment being made by the customer of all sums due on whatsoever account or grounds to the Company from the customer. In the event of the goods being sold by the customer in such manner as to pass to a third party a valid title to the goods, whilst any such sums are due as aforesaid, the customer shall be the Trustee for the Company of the proceeds of such sale or to the claim for such proceeds and the customer shall place such proceeds in a separate bank account. The Company's rights under this sub clause (a) shall attach to the proceeds of such sale. Nothing herein shall constitute the customer the Agent of the Company for the purposes of any such sub sale.
b) The Customer agrees that prior to full payment being made as aforesaid the Company may at any time enter upon the customer's premises and remove the goods there from (and dispose of the same in any manner it may decide) and that prior to such payment the customer shall keep such goods separate and identifiable for this purpose.
c) In the event of the goods becoming constituents of, or being converted into other products whilst sums are due as provided in sub clause (a) hereof the Company shall have the ownership of and title to such other products as if they were the goods and accordingly this Clause 4 shall, so far as appropriate, apply to such other products, subject to the customer's right to the surplus of any moneys realised by the said products in excess of those due to the Company as provided herein.
d) Any implied authority that the customer shall be entitled to sell the goods and pass property in the same to third parties, in the normal course of its business, or manufacture products out of the same, or sell such products will continue until otherwise notified to the customer, by the Company, or until the happening of any of the following events.
- i) any notice to the customer that an administrator, administrative receiver or other receivers are to be, or have been, appointed in respect of its undertaking or a material part thereof or other property or assets.
- ii) any notice to the customer that a petition for an Administration Order is to be, or has been, presented to the customer.
- iii) any notice to the customer that a petition to wind up the customer is to be, or has been, presented to the customer or the passing, by the customer, of a Resolution to wind up the customer (including any proposal by the customer to do so).
- iv) a decision by the customer that the customer intends to make any arrangement or composition with its creditors.
- v) Presentation to the customer of a petition for bankruptcy, or notice to the customer that a petition for bankruptcy, is to be presented to it, and upon the happening of any such events the customer shall immediately notify a Director, or other authorised officer of the Company.
e) On receipt of notice from the Company, or on the happening of any of the events set out in (d) above, the customer's implied authority to sell the Company's goods shall be immediately withdrawn and all such goods and products there from shall immediately be delivered the Company.
NOTIFICATION OF LOSS OR DAMAGE
The Company must be informed, in writing, within three days of delivery of goods in the event of any shortage, or damage, and within seven days of receipt of invoice if the goods have not been delivered, otherwise the goods shall be deemed to have been accepted by the customer as being in good order and in conformity with the customer's order.
a) Unless otherwise stated, payment is strictly net cash to be made 30 days from date of invoice. Where payment is not received, for any goods or services provided, by the specified date the Company reserves the right to refuse to attend any further calls to site to either complete works or to calibrate other equipment, even if previously paid for, until the account is paid up to date. Failure to make due payment in respect of goods supplied, or services provided, in accordance with these Terms and Conditions or any contract between the customer and the Company shall entitle the Company to delay, suspend or cancel deliveries in whole, or in part, at its option. Interest shall be charged on outstanding balances at the rate of 2% per month, or part of a month, until payment after as well as before judgement. There will also be an administration charge.
b) Payment shall be due whether or not property in the goods has passed by virtue of Clause 4 hereof and the Company shall (without prejudice to any other right or remedy) accordingly be entitled to sue for the price, once the same is due, even if property in the goods has not passed.
a) The customer shall inspect the goods upon delivery. The Company will make good, at its option, by repair or replacement, any defects in the goods due solely to defective workmanship or materials which are notified to the Company within six months from the date of delivery to the customer, or (where later), six months from the date of sale by the customer to its buyer, and in the case of any defect discoverable upon reasonable examination such notification must be made within eight weeks from the date of delivery to the customer, or (where later), within eight weeks from the date of sale by the customer and in the case of any defect not discoverable upon reasonable examination such notification must be made within a reasonable period from the date such defect is actually discovered provided that:
- i) the aforesaid obligations on the Company shall not extend to defects caused by wilful damage, negligence (other than by servants or agents of the Company), incorrect storage or application, movement, installation (if not installed by the Company), or defects caused by fair wear and tear and
- ii) the goods are made available for inspection and repair within 14 days of notification of the defect, or if required by the Company, the goods are returned within 14 days of notification of the defect.
b) Save as herein set out and for liability for death or personal injury resulting from negligence on the part of the Company and save for breach of the sellers statutorily implied undertakings as to title all express or implied conditions representations or warranties as to quality or fitness of the goods or otherwise are expressly excluded.
c) Save for liability for death or personal injury resulting from negligence of the Company, the Company accepts no liability under any claims howsoever arising (be it by negligence or otherwise) for any loss over such figure as is from time to time the limit of liability laid down by the Company's insurers in respect of such claims PROVIDED THAT the Company shall not be liable for any consequential loss or loss of profits or of contract whatsoever.
The Company shall be excused from liability to the customer if performance hereunder is prevented or hindered (in particular if an agreed delivery date is delayed) by any cause whatsoever beyond the company's control and, in particular, but without prejudice to the generality of the foregoing by Act of God, War, Riot commotion, Government controls and restrictions or prohibitions or any other Government act or omission whether local or national, fire, flood, subsidence, sabotage, accident, strike or lockout and shall not be liable for any loss or damage resulting there from suffered by the customer.
These terms and conditions shall be construed in accordance with English Law. Any dispute arising out of, or in connection with, these Terms and Conditions shall be determined by the English Courts.
In the event of any part of these Terms and Conditions being ineffective, for any reason, the remainder thereof shall constitute the Terms and Conditions binding upon the parties.