1.General Interpretation of the Contract.
A "The Company" means City Auto Salvage, 1A Chambers Lane, Grimesthorpe, Sheffield, S4 8DA
B. "The Buyer" means the individual, partnership firm or company ordering or buying goods from the Company
C. "The Goods" means the subject matter of the order invoice
The contract between the Company and Buyer shall come into existence once the Company accepts the Buyer's order. Contracts quotations and orders entered into made or accepted by the Company shall be subject to these conditions. No alteration modification or variation of these conditions shall apply unless they have been agreed in writing by both the Company and the Buyer. In that event the new terms shall apply to only that one contract quotation or order and not to any past or future contract quotation or order. The making of the order or the requesting of delivery or other confirmatory conduct on behalf of the Buyer shall constitute acceptance by the Buyer of these conditions.
3. The Price
a. Prices quoted include the cost of normal packaging but exclude packaging for delivery by post, cost of delivery, transit insurance, installation charges and any inspection fee or postage whether charged by the Company or third party, and any training or support service by the Company all of which are charged at extra cost
b. Any extra costs arising (ie. P&P) will be agreed upon by the Company and Buyer at the time the contract is made
c. Where a price is quoted for delivery then unless expressly agreed by the Company, delivery shall be to the ground floor only of the Buyer's address who shall also ensure that there is an authorised representative at that address to accept and sign for the delivery of goods.
Buyer is not permitted by reason of any purported claim under any contract
against the Company to withhold the payment of the price of any goods or to
claim setoff against due payment to the Company.
e. The Company may at its discretion issue credit notes or grant refunds to the Buyer.
a. Risk of loss or damage to the goods pass to the Buyer upon delivery by the Company and the Buyer shall insure accordingly.
b. The Buyer shall carefully examine the goods upon delivery and notify the Company of any damage to the goods resulting from delivery before signing for the consignment.
c. Under circumstances in (b.) the Buyer will immediately contact the Company on either 01142440808 or 07980622082, informing the Company of damage caused by delivery and upon advice by the Company the Buyer may reject delivery of the goods.
d. If the Buyer signs for the consignment without checking for any damage caused during delivery, this will void any insurance claims by the Company from the Delivery firm and hence the Buyer will not be able to claim for damage caused during delivery.
e. The company may at its discretion, upon advising the customer to reject delivery, either issue a full refund of the goods or redeliver similar goods to the customer at no extra cost.
f. The Company will always aim to deliver goods the next working day once goods are ready for delivery, however this claim is non contractual due to its dependence upon third parties.
g. Non-delivery of the goods on any delivery dates above does not entitle the Buyer to do any of the following: reject the goods, terminate the contract, withhold payment of any part of the contract price, and the Company also reserves the right to deliver goods prior to any delivery date mentioned on giving reasonable notice to the Buyer.
a. Any defect in mechanical goods (not consisting of an electrical component) shall by default, unless otherwise specified at the point the contract was made, be covered under a 30 day guarantee
b. Any defects arising within these 30 days will be eligible, at the Company’s discretion, to either a full refund and cancellation of the contract or a replacement with a similar product.
c. Only defects that existed within the Goods at the point the contract was made would be eligible under this guarantee and not any defect caused by the buyers negligent use
c. The guarantee period for items covered in (a.) above will start from the day the contract was made
d. This guarantee is in addition to and does NOT EFFECT your statutory rights.
6. The Company's Liability
Company shall not be liable for any consequential or indirect loss suffered by
the Buyer whether this loss arises from breach of express or implied duty in
contract or tort or in any other way (including loss arising from the Company's
negligence). Non-exhaustive illustrations of consequential or indirect loss
a. loss of profits
b. loss of contracts
c. damage to property of the Buyer or anyone else
d. personal injury to the Buyer or anyone else but only so far as such injury is not caused by the company's negligence.
(2) The Company's total liability shall not exceed the value of the goods as set out in the Company's invoice. After accepting liability in respect of goods the Company shall have the option of refunding the goods price to the Buyer or of replacing the goods in question within a reasonable time and any replacement goods shall be accepted by the Buyer in substitution for any rights in respect of the replaced goods.
Termination of Contract
(1) The Company may terminate any contract with the Buyer upon the expiry of 7 days written notice delivered to the Buyer and may suspend delivery or service in the whole or part and may take repossession of goods and demand any security payment on account as the Company may require if
(a) any account due to the Company is outstanding 30 days after delivery of delivery invoice
(b) the Buyer does not comply with the terms of any contract or with any precondition demanded by the Company
(c) the Buyer fails to take delivery of goods from the Company
(d) upon the bankruptcy insolvency or the Buyer or the Buyer entering into any composition with its creditors or is subject of a winding up resolution or petition or notice of the intended bankruptcy proceedings or failing to provide satisfactory credit references to the Company if required to do so
(e) the right to suspend also specifically applies to the right to suspend services such as support to goods sold to the Buyer.
Upon the happening of any of the above-mentioned events the Company shall be entitled to a lien upon the goods of the Buyer in the Company's possession.
(2) You may cancel the Contract under the Consumer Protection (Distance Selling) Regulations 2000 within the first 7 working days from delivery, unless you use the goods within this time in which case you will lose the right to cancel at this time. In the event that you choose to cancel the contract, you will be liable for any costs incurred by us in the act of supplying the Goods to you and any costs involved in the safe transit and insurance of the Goods back to the Company
This contract and these conditions shall be governed and construed in accordance with the law of England and Wales and the Buyer shall ensure it complies with all requirements of the said law or regulations appertaining to the possession or use of goods delivered to it by the Company in particular those regulating proprietary rights and of data protection.
Unless previously disclosed in writing to the Company the Buyer shall be deemed to be acting as principal and not as agent and the Company reserves the right to cancel waive or modify the terms of any contract subsisting between it and the Buyer unless this disclosure is made prior to entering in to the contract between them.
a. The Company accepts no liability for failure to deliver the goods arising from circumstances outside the Company's control. Non-exhaustive illustrations of the circumstances are Act of God, war, riots, explosion, abnormal weather conditions, fire, flood, strikes, lockouts, government action or regulations (UK or otherwise), delay by suppliers, accidents and shortage of materials labour or manufacturing facilities.
b. If the Company is prevented from delivering in the above circumstances it shall notify the Buyer of the fact in writing within seven calender days commencing with the contractual delivery date.
c. If the circumstances preventing the delivery are still continuing three months from and including the date the Company sends such notice then either party may give notice to the other cancelling the contract. Such written notice must be received whilst the circumstances are still continuing.
d. If the contract is cancelled in this way the Company shall refund any payment which the Buyer has already made on account of the price subject to deduction of any amount which the Company is entitled to claim from the Buyer but the Company accepts no liability to compensate the Buyer for any further loss or damage caused by the failure to deliver.
Title and Retention of Title
a. Risk in the goods shall pass to the Buyer when the Buyer or its agent takes delivery of the goods or collects them.
b. Even though the risk in the goods has passed in accordance with Clause 11.a. the Buyer will not own the goods until one of the following events occurs:
(i) the Company is paid for the goods and no other amounts are outstanding from the Buyer to the Company in respect of other goods supplied by the Company
(ii) the Buyer sells the goods in accordance with this agreement in which case ownership of the goods will pass to the Buyer immediately before the goods are delivered to the Buyer's customer
(iii) the Company waives its right under Clause 11.b. in respect of specified goods whereupon ownership of those goods will immediately vest in the Buyer
c. Before title is passed to the Buyer under the terms of Clause 11.b. and without prejudice to any of its other rights the Company shall have the right to recover and resell the goods or any of them and may enter upon the Buyer's premises by its servants or agents for that purpose.
d. Should the buyer alter the goods by subjecting them to any manufacturing process or incorporating them into another product or mixing them in anyway the Company will own the resulting product (altered goods) until payment due under all contracts between the Company and the Buyer bas been made in full and all the Company's rights under these clauses shall extend to the altered goods.
e. Until payment due under all contracts between the Buyer and the Company has been made in full
(i) the Buyer shall hold upon trust for the company the goods and altered goods
(ii) in the event of the sale or hire of the goods or altered goods by the Buyer he shall hold the proceeds of such sale or hire on trust for the Company in a separate bank account opened by the Buyer for this purpose.
(iii) the company may trace all such proceeds of sale or hire charges received by the Buyer through any bank or other account maintained by the Buyer
(iv) in the event of sale or hire of the goods or the altered goods by the Buyer in the ordinary course of its business the Buyer shall assign its rights to recover the selling price or hire charges from the third parties concerned to the Company if required to do so in writing by the Company
(v) the Buyer shall not assign to any other person any rights arising from the sale or hire of the goods or the altered goods without the express consent of the Company in writing.
f. As the insurable risk in the goods shall pass to the Buyer as soon as the goods are delivered to him or to his order and pending disposal the Buyer shall keep the goods insured in the amount of the price at which the goods are sold to the Buyer against all insurable risks.