1. GENERAL
These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2. PRICE AND PAYMENT
All Goods are supplied on a “Final Sale” basis.
The Company reserves the right to charge a 25% handling fee for any goods returned as “not wanted”.
Goods returned “not wanted” for credit must be in “A1” condition. This means that the goods must be resalable as defined by the Company. If any item is not in “A1” condition no credit will be given.
The price shall be that in the Seller’s current List Price, or such other price as the parties may agree. The price is exclusive of VAT or any other applicable costs.
Payment of the price and VAT and any other applicable costs shall be due 30 days after the date of the Invoice supplied by the Seller.
The Company reserves the right to increase product prices without prior notice due to currency fluctuations and our supplier price increases.
The Seller shall be entitled to charge interest on overdue invoices from the date when the payment becomes due from day to day until the date of payment at a rate of 8% (or the current rate suggested by the Government) per annum above the base rate set by the Bank of England.
If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:
- Require payment in advance of delivery in relation to any goods not previously delivered.
- Refuse to make delivery of any undelivered goods whether ordered under the contract or not and without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery.
3. DESCRIPTION
Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering in to the contract.
4. SAMPLE
Where a sample of Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is so shown and inspected for the sole purpose of enabling the Buyer to judge for itself the quality of the sample not so as to constitute a sale by sample. Samples are not supplied “Free of charge”.
5. DELIVERY
Unless otherwise agreed in writing, delivery of Goods shall take place at the address specified by the Buyer. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
Carriage shall be paid for by the Seller if individual orders, after processing, exceed £250.00 ex. VAT of goods in stock at the time of ordering. Goods will only be delivered free of charge Monday to Friday on an “any time” basis. If the Buyer wishes a specific delivery time or a Saturday delivery the Buyer will be charged at the appropriate rate.
Delivery shall be carriage paid to UK mainland only. There is a £6.00 per box surcharge per consignment to the “Highlands”.
Any date of delivery specified by the Seller is an estimate only. Time for delivery shall not be the essence of the contract. The seller will not be held responsible for any third-party costs involved by “late” delivery or any consequence of Goods being lost or damaged in transit.
The Buyer shall be entitled to replacement Goods where the Goods have been damaged during transportation. The Buyer must notify the Seller of any damage or shortage within 3 days of delivery by fax (01843 823344) or by e-mail to sales@trucklife.com
6. TITLE
Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.
7. WARRANTY
Where the Goods have been sold by the Seller and are found to be defective, the Seller shall repair, or in its sole discretion, replace defective Goods free of charge within the Warranty Period, subject to the following conditions:
- The defect being due to faulty design, materials, or workmanship.
- Where the Goods have been manufactured and supplied to the Seller by a third party, any warranty granted to the Seller in respect of the Goods shall be passed onto the Buyer. If returned Goods are found “Not Faulty” or “mis-used” then carriage may be charged for their return.
- The Seller shall be entitled in its discretion to refund the price of the defective Goods in the event that such price has already been paid.
- The remedies contained in this clause are without prejudice to the other Terms and Conditions herein, including, but without limitation, Clauses 8 and 9 below.
- All Goods returned as “faulty” must be accompanied with a proof of purchase. No faulty Goods will be credited without this proof.
- A full refund on any Goods returned as “faulty” will depend on all necessary parts being present – if any parts are missing a partial refund may be paid, the amount being at the company’s discretion.
- All returns notes should be faxed to 01843 82 33 44 within 3 days of being written by our representative. Only notes signed by our representative will be valid. Any goods entered under our representative’s signature will not be credited unless agreed by the company.
8. LIABILITY
No liability of any nature shall be incurred or accepted by the Seller in respect of any representation made by the Seller, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:
1. The correspondence of the Goods with any description;
2. The quality of the Goods; or
3. The fitness of the Goods for any purpose whatsoever.
No liability of any nature shall be accepted by the Seller to the Buyer in respect of any express term of this contract where such term relates in any way to:
1. The correspondence of the Goods with any description;
2. The quality of the Goods; or
3. The fitness of the Goods for any purpose whatsoever.
All implied terms, conditions or warranties as to the correspondence of the Goods to any description or the satisfactory quality of the Goods or the fitness of the Goods for any purpose whatsoever (whether made known to the Seller or not) are hereby excluded from the contract.
9. LIMITATIONS OF LIABILITY
Where any Court or arbitrator determines that any part of Clause 8 above is, for whatever reason, unenforceable, the Seller shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the contract price.
10. INTELLECTUAL PROPERTY RIGHTS
All intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.
11. FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
12. RELATIONSHIP OF PARTIES
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
13. ASSIGNMENT AND SUB-CONTRACTING
The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.
14. WAIVER
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
15. SEVERABILITY
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
16. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English Courts.
Point of Sale
Any Point of Sale, Display Stands are free of charge for as long as you deal with Trucklife Ltd, our stands are for Trucklife Products only.
You are responsible for the upkeep and safeguarding of the display stands, if any are damaged or go missing whilst in your possession you are liable for the cost.
If they are not being used, you must store them in a safe and dry location ready for our team to collect them once an arranged time and date has been set.
