GROUPTYRE WHOLESALE LIMITED TERMS AND CONDITIONS OF SALE
1. Effect of Conditions
These are the conditions of sale which apply to all contracts made between Grouptyre Wholesale Limited (“the Company”) and any purchaser (“the Purchaser”) and shall apply to the sale of any of the Company’s products or services (“The Goods”). Any person who buys from the Company any goods or services will be bound by these conditions of sale to the exclusion of any conflicting terms and conditions of business of the Purchaser and it is hereby agreed that any such terms and conditions contained or referred to in any document emanating from the Purchaser shall not apply to any contracts with the Company.
2. Under Contract Terms
The company has drawn up these conditions of sale in the light of the Unfair Contract Terms Act 1977 and considers them to be fair and reasonable and its prices are based on contracts made on these conditions. Unless the purchaser informs the company in writing to the contrary before any contract is made he will be deemed to have accredited that these conditions are fair and reasonable. For the avoidance of doubts where orders are placed over the telephone those orders shall be accepted subject to these terms and conditions that shall be deemed to be incorporated in any such contract.
3. Variation of Contract
No alteration to these conditions shall be binding on the Company unless agreed in writing by one of the directors of the Company.
4. Variation in Prices
The Company will endeavor to notify the Purchaser in advance of price changes but reserves the right to alter any of its prices without prior notice. In respect of goods delivered after any such change in price the price charged shall be the price current at the date of dispatch of the goods by the Company but the Purchaser shall be entitled to return the goods provided notice of rejection in writing is given to the Company within 48 hours of delivery.
Unless otherwise agreed goods are supplied on a cash on delivery basis. In the event that goods are supplied on a basis other than cash on delivery all invoices are unless otherwise agreed in writing strictly net and not subject to additional or cash settlement discounts and payment is due thirty days after the end of the month of invoice where after the Company shall be entitled to charge interest on the amount due from the date of the invoice until payment is made at the rate of 5% above NatWest Bank base rate calculated on a daily basis. Should the company have to place any account on stop for non-payment all invoices no matter what the normal credit terms are or deemed to be will be payable in full within seven days of the account being placed on stop. Should payment be received upon the ruling of a court reasonable costs will be claimable by the Company from the Purchaser for the time that the Company spends at the court and the travelling costs to get to and from the court. All such travel is deemed to start and finish at the Company’s head office. Should the Purchaser fail to honor a cheque made payable to the Company the Purchaser will refund to the Company ten pounds in fees for each time the cheque is dishonored. Should payment be made by credit or debit card, an administration fee of 2% will be added to the fee payable.
6. Delivery and Carriage
Delivery dates are given in good faith by the Company who will make every endeavor to comply with dates quoted however such delivery dates are not guaranteed and do not form a term or condition of the contract. Whilst the Company will endeavor to comply with any such delivery date it will not be liable for any failure from whatever cause to meet a delivery date the Company shall not be liable to the Purchaser if due to circumstances beyond its control it shall be prevented from performing any of its obligations under the contract.
Any goods or parts of goods sold by the Company which are not manufactured by the Company are sold only under such warranty as the manufacturers of such goods or parts given to the Company and which the Company is able to assign or transfer to the Purchaser or to enforce without Legal expense at the Purchasers expense. The Company gives no guarantee or warranty in respect of such goods. The Company shall be under no liability whether in contract or otherwise save as aforesaid for any loss damage expense or injury however caused arising out of the use of the goods or any contract made subject to these terms and conditions other than for personal injury or death resulting from the Company’s negligence.
The Purchaser is solely responsible for ensuring that all goods are fit for the purpose for which the Purchaser or its customer intends to use them and that the goods are used by the Purchaser or its customer in accordance with the manufacturer’s recommendations.
8. Exclusion of Liability
Except as provided above all warranties and conditions (including any warranties or conditions as to quality or fitness for any particular purpose) whether expressed or implied by statute common law or otherwise excluded.
The Company’s liability for any mis-representation or breach of any warranty collateral to this contract shall be limited to liability to replace the goods supplied pursuant to the provisions of clause 7 or at its option to repay the Purchaser the sale price of the goods provided that the Purchasers shall have first returned the goods to the Company’s premises. In any event and for the avoidance of doubt it is hereby agreed that the liability of the Company to the Purchaser for any claim arising out of defect in the goods or otherwise in connection with the use thereof or in connection with the making of the contract shall not exceed the invoice price of the particular goods in respect whereof complaint is made.
9. Return of Goods for Credit
The Company will not (save in exceptional circumstances and at its absolute discretion) accept the return of goods for credit. In the event that the Company accepts the return of goods for credit a handling charge of 5% of the invoice price of the said goods will be levied. The handling charge will rise to 15% if the goods are returned more than seven days after delivery. The Company is not responsible and will not accept any responsibility for the returning of any goods to any of its depots.
10. Risk / Passing of Property
- Title to goods shall remain with the Company until all monies due from the Purchaser to the Company (upon whatever grounds and however such liability shall have arisen) have been paid
- The goods shall be at the risk of the purchaser from the time that they are delivered to the Purchaser or his
- Until title of the goods has passed from the Company:
- The Purchaser shall take responsibility for any loss or damage and shall insure the goods and all other goods of the Company as shall be in his possession to their invoice
- The Purchaser shall ensure that after they have been delivered to him or his agents until they have been incorporated in other products or resold in the ordinary course of the Purchaser’s business the goods shall be stored or otherwise identified in such a way as to show they still remain the property of the
- The Purchaser shall not mortgage charge or dispose of the goods (otherwise than by incorporating them in other products or reselling them in the ordinary course of his business) without the prior written consent of the
- Any goods sold by the Company and by arrangement held by the Company on behalf of the Purchaser are so held at the sole risk of the Purchaser who indemnifies the Company against any loss or damage thereto howsoever
- Where the Purchaser sells any of the goods in the ordinary course of business he shall hold the proceeds of sale on trust for the Company until payment in full is made to the
11. Right to Re-possess Goods
- If the Purchaser defaults in making any payment to the Company in respect of any liability owed by the Purchaser to the Company after the date due for such payment or if the Purchaser deals with the goods in any way (other than as permitted above) adverse to the title of the Company or has a receiving order made against him or is made bankrupt or (where the Purchaser is a Limited Company) enters into liquidation or if an administrator or receiver is appointed over the whole or any part of the Purchaser’s assets or undertaking or if the goods are seized under any execution or distress or other form of legal process any existing contract between the Purchaser and the Company shall automatically determine (but without prejudice to any pre- existing claim which the Company may have under these Conditions against the Purchaser) and the Purchaser shall cease to be in possession with the consent of the Company of the goods sold and of all other goods being the property of the Company which are at that time in the Purchaser’s possession custody or control and the Company shall be entitled to enter the premises of the Purchaser and recover immediate possession of goods which are the property of the Company and shall not be liable for any damage or loss reasonably occasioned to any other property owned by the purchaser to which the goods have been attached during the course of removing the goods and retaking possession
- For the purpose of 11(i) above all goods which are in the Purchaser’s possession custody or control at the time when the right of the Company to repossession arises under this clause shall be deemed to be goods supplied to the Purchaser by the Company and which property title has not passed to the Purchaser unless the contrary is
Prices quoted by the Company normally include delivery by Company vehicles at no extra cost. In the event that the Purchaser requests delivery by the Company on an expedited basis or outside the normal area of the Company’s deliveries then the risk in the goods shall pass to the Purchaser when such goods are delivered to the carrier and all costs of carriage shall be met by the Purchaser.
13. Damage in Transit or Shortages
The General Manager of the Company must be advised in writing (other than on the delivery documents) within three days after the receipt of goods if the invoice goods have not been delivered in full or if damage is alleged to have occurred during delivery.
14. Essence of Contract
Each and every condition herein set out including stipulations as to time is hereby declared to be of the essence of every contract made with the Company and any breach of these conditions shall entitle the Company forthwith and notwithstanding any contract to cancel all current contracts with the Purchaser and to refuse to supply to the Purchaser any further goods and forthwith to sue and recover without any deduction whatsoever the full price of all goods supplied to the Purchaser up to and (if any) after the date of the discovery of the breach notwithstanding that the due date for such payment may not have arrived.
15. Force Majeure
The Company will not be liable for any failure or delay or for the consequences of any failure or delay in performance of the Contract, if it is due to any event beyond the reasonable control and contemplation of the Company including, without limitation, acts of God, war, industrial disputes, protests, fire, tempest, explosion, an act of terrorism and national emergencies and the Company will be entitled to a reasonable extension of time for performing such obligations.
16. Group Tyre (UK) Ltd
The Company is a member of Group Tyre (UK) Ltd and as such details of sales made to customers may be passed to Group Tyre (UK) Ltd for marketing and/or information purposes. Group Tyre (UK) Ltd will not use such information to correspond directly with any customer of the Company
17. Governing Law and Jurisdiction
All contracts to which these conditions of sale apply no matter where concluded will be subject to English law and deemed to be made at the Company’s head office and any disputes will be resolved by the English courts.