Interpretation
In these conditions:
“Buyer” means the person who accepts the quotation of the Seller for the sale of the goods or whose order for the goods is accepted by the Seller.
“Goods” means the goods (including any instalment of the goods), which the Seller is to supply in accordance with these conditions.
“The Seller” means TJ Motorsport.
“Conditions” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed between the Buyer and Seller.
“Contract” means the contract for the purchase and sale of the goods.
Any reference in these conditions to any provision of a statute shall be constructed as a reference to that provision as amended, re-enacted, or extended from time to time.
The headings in these conditions are for convenience only and shall not affect interpretation.
Basis of Sale
The Sellers shall sell and the Buyers shall purchase the Goods in accordance with any written quotation to the Seller which is accepted by the Buyer, or any written order of the Buyer which is accepted by the Seller, subject in either case to these Conditions which shall govern the Contract to the exclusion of any other Terms and Conditions.
No variation to these conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and the Seller.
Neither the Sellers employees nor agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing. In entering into the Contract the Buyer acknowledges that it does not rely on and waives any claim for breach of any such representations, which are not so confirmed.
Any advice or recommendation given by the Seller or its employees or agents to the Buyer, or its employees or agents, as to the storage, application or use of the Goods, which is not confirmed in writing by the Seller is followed or acted upon entirely at the Buyers own risk and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other documentation or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
Orders and Specifications
No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in writing by the Sellers authorised representative.
The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform a contract in accordance with its terms.
If the Goods are to be manufactured, or any process to be applied to the Goods by the Seller in accordance with the specification submitted by the Buyer, the Buyer shall indemnify the Seller against loss, damages, costs and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in the settlement of any claim for infringement of any patent, copyright, design, trademark or other industrial or intellectual property rights of any other person which results from the Sellers use of the Buyers specification.
The Seller reserves the right to make any changes in the specification of the Goods which are required to conform to any applicable safety or other statutory requirements to conform to any applicable safety or other statutory requirements where the Goods are to be supplied to the Buyer’s specification, provided that such changes do not materially affect their quality or performance.
No order, which has been accepted by the Seller, may be cancelled by the Buyer except with the agreement in writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit) costs (including cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.
Price and Payment
The price of the goods shall be the price stipulated in the Sellers published price list. All prices quoted are valid until such time as the suppliers prices are amended, after which time they may be altered by the Seller without giving notice to the buyer.
The Seller reserves the right, by giving notice to the Buyer any time before the delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factors beyond the control of the Seller (such as without limitation any significant increases in the costs of labour, materials or other costs of manufacture and assembly) any change in delivery dates, quantities or specifications for the Goods which are requested by the Buyer or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.
Except as otherwise stated under the terms of any quotation or in any price list of the Seller and unless otherwise agreed in writing between the Buyer and the Seller all prices given by the Seller are exclusive of the cost of delivery of the goods. Where the Seller agrees to delivery of the goods other than at the Sellers premises, the Buyer shall be liable to pay the Sellers charges for transport, packaging and insurance.
The price is exclusive of any applicable VAT, which the Buyer shall be additionally liable to pay to the Seller.
Subject to any special terms agreed in writing between the Buyer and the Seller, the Buyer shall pay the price of the Goods on the date of the Sellers invoice, not with standing that delivery may not have taken place and the property in the Goods has not passed to the Buyer. The time of the payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request.
In the event that a cheque drawn by or on behalf of the Buyer is dishonoured by the drawers Bank, an administration charge of £25.00 will be payable by the Buyer.Payment for orders placed with the Seller must be received in full cleared form before the Seller can deliver the goods to the buyer.
Delivery
The goods shall be delivered to the Buyer at the Sellers address. The risk in the goods shall pass to the Buyer upon such delivery taking place.
If requested in writing by the Buyer, the Seller shall arrange for carriage of the goods to the Buyers address. The cost of the carriage and any insurance, which the Buyer reasonably directs the Seller to incur, shall be reimbursed by the Buyer and shall be due on the date for payment of the price. The carrier shall be deemed to be the Buyers agent.
Unless the Seller has agreed otherwise in writing, any dates quoted for delivery of the Goods are approximate and the Seller shall not be liable for any delay in delivery of the goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by the Seller in writing. The goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer.
Where the goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the contract as a whole repudiated.
The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all.
Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any of them) promptly the Buyer shall be bound to accept delivery and to pay for the Goods in full provided that delivery shall be tendered at any time within (3months) of the original anticipated delivery date.
Neither party shall be liable for any default or delay due to any acts of God, war, strike, lock out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
Risk and Ownership
No goods may leave the Sellers premises without full payment having been made.
Ownership of all goods supplied by the Seller shall remain with the Seller until payment in full. Until payment in full the Seller reserves the right to resell any goods.
The risk in any goods supplied by the Seller passes to the Buyer on delivery and the Buyer must ensure that the Buyer has adequate insurance for that purpose.
[Any claim that the Buyer may have in respect of goods lost or damaged whilst in the possession or control of a carrier appointed by the Seller must be notified to the Seller within [1] day of receipt or, in the event of total loss, within [1] day of the anticipated date of receipt as notified to the buyer.]
Warranties and Liabilities
Subject to the Conditions set out below, the Seller warrants that the goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period set down by the manufacturer from the date of their initial use.
The above warranties given by the Seller are subject to the following conditions: -
The Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, normal working conditions, failure to follow the Sellers instructions (whether oral or in writing), misuse or alteration or repair of the goods without the Sellers approval.
The above warranty does not extend to parts, materials or equipment not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller.
Subject as expressly provided in these Conditions and except where the Goods are sold to a person dealing as consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties and conditions or other terms implied by statue or common law are excluded to the fullest extent permitted by law.
Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Buyer are not affected by these conditions.
Any claim by the Buyer (which is based on any defect in the quality or condition of the goods or their failure to meet specification shall (where the or not delivery is refused by the Buyer) be notified to the Seller within [7] days from the date of delivery or (whether defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failures. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the goods had been delivered in accordance with the Contract.
If any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.
Except in respect of death or personal injury caused by the Sellers personal negligence, the Seller shall not be liable to the Buyer (by reason of any representation or any implied warranty condition or other terms of the Contract for any consequential loss or damage (whether for loss of profit or otherwise), cost, expenses or other claim for consequential compensation whatsoever (and whether caused by the negligence of the Seller), its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods for their use or resale by the Buyer except as expressly provided in these conditions.
Jurisdiction
This Contract is subject to the Law of England and Wales.
All disputes arising out of this Contract shall be subject to the jurisdiction of the Courts of England and Wales.
General
Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to the other party at its Registered Office or principal place of business and / or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
No waiver given by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
If any provision of these conditions is held by any competent authorities to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be effected thereby.
The Provisions of the Contract (Rights Of Third Parties) Act 1999 shall not apply to any Contract formed under these Terms and Conditions.
