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Terms & Conditions
1. In these terms ‘the seller’ shall mean Premier Automotive Parts Ltd., ‘the
purchaser’ shall mean any or all of the persons in whose name the parts are
ordered or invoiced, ‘the manufacturer’ shall mean the manufacturer of the
goods and ‘the importer’, if applicable shall mean the importer authorised by
the Manufacturer to import the goods on his behalf.
2. An order is not binding on the Seller unless confirmed in writing unless
confirmed in writing by the Seller
3. The Seller will endeavour to secure delivery of the goods by the estimated
delivery date (if any), but does not guarantee the time of delivery and shall
not be liable for any damage, loss or claim of any kind in respect of any delay
in delivery. The Seller shall not be obliged in the sequence in which they are
placed or accepted.
4. This contract is subject to and incorporates any terms and conditions which
the Manufacturer or Importer may attach to the supply of goods or the resale of
goods by the Seller. A copy of the current terms and conditions so attached by
the Manufacturer and/or Importer may be inspected on application to the Seller.
The Seller shall not be liable for any failure to deliver the goods occasioned
by its inability to obtain them from the manufacturer or Importer or by its
compliance with such terms and conditions.
5. The Seller undertakes that it will use its best endeavours to obtain for the
Purchaser the benefit of any warranty of guarantee given by the Manufacturer or
Importer in respect of the goods.
6. Notwithstanding any sum for Value Added Tax specified in the order, the sum
payable by the Purchaser in respect thereof shall be such sum as the Seller
has, or must pay at the time of the taxable supply of the goods.
7. If after the date of this order and before delivery of the goods to the
Purchaser, the Manufacturers’ or Importers’ recommended price for any of the
goods shall be altered, the increase in price shall be added to and become part
of the contract price.
8. In the event of the goods described in the order becoming unavailable, for
whatever reason, the Seller may (whether the estimated delivery has arrived or
not) by notice in writing to the Purchaser, cancel the contract, in which case
any monies shall be refunded.
9. The goods shall remain the property of the Seller until the sale price has
been discharged in full. A cheque accepted by the Seller in payment shall be
treated as a discharge until the same has been cleared.
10. Goods incorrectly supplied by the Seller may be returned to the Seller for
credit of the Purchaser provided that the goods are returned within seven days
of delivery and are unused and undamaged and in the same condition as when
delivered to the Purchaser. Notwithstanding the above no credit will be given
by the Seller and/or specially ordered by the Purchaser. The Seller reserves
the right to levy a 25% handling charge on any goods returned for credit. No
credit will be given by the Seller in respect of delivery, postage or transit
charges levied by the Seller, or incurred by the Purchaser.
11. Any notice given hereunder must be in writing and sent by post to the
residence or place of business of the person to whom it is addressed, or in the
case of the Purchaser, to his address stated in the order, and shall be deemed
to have been received in due course of post.
12. This document contains the whole terms and contract and no alteration or
variation of the terms of the contract shall be valid unless agreed and made in
writing by an authorised Official of the Seller, and no waiver of any breach by
either party of the terms of the contract shall prejudice the Seller’s strict
legal rights hereunder.
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