Terms & Conditions
(a) These conditions shall apply to all questions made and all Orders and contracts for the sale of goods (“goods”) accepted by Mobility For You Limited (“the Company”). All other items condition, warranties or representations Are hereby excluded. Special or additional terms of the Buyer shall be of no effect unless specifically accepted by the Company in writing.
(b) Any variation or addition to these conditions, or any Contract shall only be binding upon the company if in writing accepted and signed on behalf of the company By a Director. Contracts may be cancelled only with The Company’s written consent and on terms which will indemnify the company for all loss.
(c) All orders for goods shall be deemed to be an offer by The buyer to purchase the goods pursuant to these Conditions.
(d) Acceptance of the delivery of the goods shall be Deemed conclusive evidence of the Buyers acceptance of the conditions.
The Company shall not incur any liability nor shall any Right accrue to the buyer by reason of any Misrepresentation arising from:
(a) Printing and clerical errors
(b) Statements oral, written or in other form by third Parties accepted by the company in good faith and repeated by it.
(c) Oral statement not confirmed by the Company in Writing.
Goods will be invoiced at the price ruling on the day of despatch unless otherwise agreed. Quotations are given at current prices buy may be subject to adjustment to take account of alteration in such prices prior to delivery of the goods. No liability is accepted for any mistakes in The quotation of prices for any consequence of such mistake no matter how or when the same may arise.
The following conditions shall apply in the absence of any warranty confirmed by the company in writing:-
(a) Goods are sold subject to the conditions of licence and Sales of the manufacturer/suppliers with the benefit of any
Guarantee or warranty of the manufacturer/supplier.
(b) Subject to clause 4(a) the Company shall not be liable for breach of any other conditions and warranties whatsoever Whether implied by statute or otherwise. There shall be no Liability whatever for indirect loss or expense (including loss Of profit) suffered by the Buyer arising out of a breach by the Company of this contract.
(c) In no circumstances whatsoever shall the Company’s Liability to damages exceed the price of the goods.
5. CARRIAGE AND DELIVERY
(a) The company will normally make a charge for delivery by its Own vehicles but may at its discretion do so at no charge. Where goods are specifically ordered from manufacturer and a Carriage charge is made the company reserves the right to Pass on this charge. The company shall be free to effect Delivery by any method of transport at its option. All deliveries Shall be to the entrance to the premises specified and the Company shall have no liability whatsoever (including liability For negligence) for any loss damage or injury to any property (including the goods being delivered) or any person howsoever Arising from any delivery beyond such point. The buyer shall be responsible for the provision of adequate off-loading Facilities for all goods delivered unless otherwise agreed by
The company in writing.
(b) Every effort is made to adhere to delivery dates when quoted but the company accepts no responsibility for loss or damage Arising through failure to deliver on the date due.
6. RISKS AND TITLE
The risk in the goods shall pass to the buyer on delivery but until payment in full has been received by the company for all goods whatsoever supplied at any time by the company to the buyer.
(a) Property in the goods shall remain in the company and the buyer shall hold the goods as bailee on behalf of the company.
(b) The buyer shall subject to (c) and (d) below store the goods separately from other goods in the possession of the
(c) The buyer shall be at liberty to sell the goods in the ordinary course of business on the basis that all proceeds of sale of such goods are the property of the company for which the buyer shall account on demand.
(d) Notwithstanding that property in the goods has not yet passed, the buyer may incorporate the goods in or together with any product manufactured or assembled by the buyer in the ordinary course of its business. If the buyer sells any such product before property on the incorporated goods has passed, it shall do so as agents of the company but the buyers liability to account as agent for the proceeds of such sale shall be limited to the invoice of the company value of the goods so incorporated. If before property in the goods passes any of the goods are incorporated in or together with any products manufactured or assembled by the buyer, the buyer shall maintain records sufficient to enable such products to be identified and for the goods so incorporated to identified, measured or otherwise quantified.
(e) The powers of the buyer referred to in (c) and (d) above shall be determined:
(i) Upon written notice to the buyer if any payment for any goods whatsoever remains unpaid 14 days after becoming due to the company, or
(ii) automatically if a receiver is appointed over any assets or undertaking of the buyer or a winding-up order is made against the buyer goes into voluntary liquidation or calls a meeting or makes any composition or arrangements with its creditors or commits any act of bankruptcy.
(f) Under determination of the powers of the buyer referred to in (c) and (d) above the buyer shall place the goods at
The disposal of the company and the company shall be entitled to enter upon the premises and remove any goods of the company including any goods which may have been incorporated into other products or affixed to the realty.
(g) The buyer shall not pledge or in any way charge by way of security for any indebtedness any of the goods which are the property of the company. Without prejudice to the other rights of the company, if the buyer does so all sums whatever owing by the buyer to the company shall forthwith become due and payable.
(h) The buyer must insure and keep insured the goods in the amount of the price against “all risks” to the satisfaction
Of the company until the date that the property in the goods passes from the company and shall whenever requested
By the company produce a copy of the insurance certificate if the buyer to the company shall forthwith become due and payable”.
7. DAMAGE IN TRANSIT OR SHORTAGES
It is incumbent of the buyer to inspect goods. Such inspection to be in the presence of the company’s or carrier’s driver and any breakages or shortages must be notified in writing within 7 days of receipt of goods to the company and the other carriers involved otherwise no liability will be accepted. Damaged goods and packing materials must be retained for inspection by the company and the carrier. The company cannot be held responsible for any loss resulting from the buyers failure to comply with the company’s requirements or the requirements of public or private shippers and carriers and post office regulations. All claims must quote delivery number or the company reference and be delivered to the company in writing within 7 days of the receipt of the invoice.
Unless goods are defective the company will not accept goods returned without the prior written consent of the company. Any goods approved for return must be accompanied by a returns note quoting the company’s despatch note and invoice number, any such goods are returned at the buyers risk until received by the company. The company reserves the right to make a dandling charge. Charge packages are non-returnable unless otherwise stated on the invoice. If returnable, packages must be returned in good condition, carriage paid to the source of origin within 30 days of delivery when credit in full will then be allowed. Payment for packages not so returned must be at full
Replacement value within six months of delivery. Old units must be returned and removed from the vehicle within 30
Days of purchase and must be clearly labelled quoting the relevant invoice number.
(a) Whilst every care is taken of the buyers goods sent to the Company for repair the company will not accept liability for breakages or damage which may arise while the goods are in transit for the purpose of repair. Any article returned for repair under guarantee must be clearly labelled as such detailing the fault and the details of the vehicle to which it was fitted.
(b) In addition to any right of lien to which the Company may in law be entitled the company shall in the event of the buyers insolvency be entitled to a general lien on goods of the buyers in the possession of the company (although such goods or some of them may have been paid for) for the unpaid price of any goods sold or delivered to the buyer by the company under the same or any other contract or for repair and the Company shall be entitled to retain possession thereof until payment is made. This shall apply notwithstanding the fact that credit had previously been given for the price of any of the above mentioned goods.
(c) In the event of non payment for the goods by the buyer within 120 days of date of invoice the Company shall be at liberty to dispose of the goods in any manner whatsoever and retain any proceeds without giving credit to the buyer for the amount recovered.
(d) In the event of non collection of any goods by the buyer from the Company the company shall be entitled to claim storage charges at a daily rate and shall have a lien on the goods until payment is made subject to sub-clause (c) above.
10. CREDIT ACCOUNTS
Credit Accounts will only be opened subject to trade reference and one Banker’s reference being given to the satisfaction of the company. The Company reserves the right to withdraw credit accounts without notice and without giving any reason and to ask for payment in advance or against delivery entirely as the company may in its absolute discretion think fit.
Sales Invoices on approved Accounts are, unless otherwise stated on the invoice, due for payment on or before the last day of the month following that in which the invoice is dated.
Written confirmation of telephoned orders must be clearly marked as such otherwise the buyer will be held responsible for any loss or damage caused to the Company should the order be duplicated.
Cancellations of the buyers orders placed with the Company will only be accepted on the clear understanding the Buyer will accept liability for any charges and costs involved. If goods have been specially ordered for a buyer, any charge made by the manufacturer or supplied to the Company will be passed on to the buyer.
14. FORCE MAJEURE
The Company will be excused for liability if performance of the contract is prevented or hindered by Act of God, War,
Government control, restriction or prohibition or any other Government act or omission whether local or national, fire, accident, strike, lockout or any other cause whatsoever beyond the Company’s control, and the company shall not be liable for any direct or indirect loss or damage resulting from any such circumstances.
The Company is not able to determine questions of fitness and it shall be the absolute responsibility of the buyer to determine for himself that the goods are suitable and fit for the purpose for which they are purchased. The Company will not be liable for loss or damage howsoever arising.
(a) Contracts between the Company and the buyer shall be governed and constructed in accordance with the laws in England and be tried and determined by the English Courts.
(b) Goods are supplied subject to such other Terms and Conditions as are or may be incorporated in the Company’s invoices or supplied with the goods and such Terms and Conditions shall be deemed to be part of these conditions.
For further information, please call Geoff on 07766 244622.