Terms and Conditions
In these conditions "The Company" means Kirkby Tyres Limited and "The Customer" means any person or corporate body purchasing or offering to purchase goods from the company. "Goods" means such products and merchandise as the company shall from time to time make available for sale.
Basis of Trading
These conditions of sale apply to and govern the supply of all goods or services by the company to the customer. There shall be no variation from these terms and conditions and the company will not trade on the basis of the customer's terms and conditions, unless the variation or the incorporation of the customer's terms and conditions is expressly agreed in writing and the agreement is signed by a director of the company.
No one, whether an employee or an agent of the company, other than a director of the company, has the authority of the company to vary these terms and conditions, or to bind the company to a contract on any terms and conditions other than these terms and conditions.
Delivery and Risk
While the company will make every effort to effect delivery on the date and place specified, it cannot accept responsibility for failure to do so. Any dates quoted for delivery are approximate only and the company shall not be liable for any delay in the delivery of goods or the provision of service howsoever caused. Time shall not be of the essence. Goods when delivered shall be at the customer's risk from the time of delivery notwithstanding that the goods in the property may remain with the company. Where goods are to be delivered in instalments each delivery shall constitute a separate contract and any failure by the company to deliver any one or more of the instalments in accordance with these terms and conditions or any claim by the customer in respect of any one or more instalments shall not entitle the customer to terminate the contract as a whole, or to treat it as repudiated by the company.
The price quoted for any goods or services shall be valid for acceptance by the customer for 7 days unless the customer is notified by the company of a change in the quoted price, upon which event the offer to provide the goods and services at the originally quoted price shall automatically be withdrawn. The new price will be valid for acceptance for a further period of 7 days from the date of its notification. At any time before delivery the company reserves the right to alter the price, but only in the event of an alteration in the prices charged to the company by a manufacturer or supplier arising between the date of an order and the date of delivery.
Goods may only be returned for credit at the sole discretion of the company. A request to return goods for credit will only be entertained on the basis that the goods were delivered no greater than 60 days before request for return and that a suitable compensating order for 2 times the return value be placed or alternatively on the basis of a 15% handling charge and only where the goods are clean, undamaged and resaleable condition. Employees of the company do not have the authority of the company to collect goods for credit without the express approval of a director of the company. Collection will only be made where a collection authority has been raised by the company.
All payments for goods must be made when the order is placed or if credit arrangements have been agreed, within the credit terms agreed in writing by the company. If payment is not made by the due date, interest shall be payable by the customer to the company at a rate of 1.5% per month, calculated from the date of delivery.
Loss or Damage to Goods
Claims in respect to any loss, damage or shortfall in goods supplied by the company to the customer must be presented in writing to the company to arrive at the company's principal place of business no later than 10 days from the date of receipt by the customer of the order in respect of which the complaint is made. If the customer does not notify the company in writing within 10 days as aforesaid the customer shall not be entitled to reject the goods and the customer shall be obliged to pay the price as if the goods had been delivered in accordance with the contract and the company shall be under no liability to the customer in respect of the loss, damage or shortfall.
Claims in respect of any defects in the quality or condition of the goods supplied by the company to the customer or in respect to their failure to correspond with the contract specification, or in respect of the quality of service provided by the company must be presented in writing to the company to arrive at the company's principal place of business not later than 10 days from the date of delivery by the company to the customer of the order in respect of which the complaint is made or of the provision of the service in respect of which the compliant is made or (where the defect was not apparent on reasonable inspection at the date of delivery) within the period of the manufacturers designated date of notification of defects and/or acceptance of claims. If the customer does not notify the company in writing 10 days as aforesaid the customer shall not be entitled to reject the goods and the customer shall be obliged to pay the price as if the goods had been delivered or the service rendered in accordance with the contract and the company shall be under no liability to the customer in respect of the defects or the quality of service.
Limitation of Liability and Product Liability
The company is not the manufacturer of the goods. To the extent that it is able the company sells the goods with all warranties (if any) issued by the manufacturers. The company's liability in respect of the goods or services provided is limited as follows: goods which are defective on delivery, or short on delivery (and where a claim has been made within 10 days as set out above) will be credited or replaced at the company's option. In no case will the company's liability in respect to defective goods or short or non-delivery or defective service exceed the purchase price of the goods involved or the invoice price of the service provided.
It is the responsibility of the customer to ensure any product purchased from the company is suitable for the application for which it is intended to be used. The company accepts no liability for any products supplied where the application is at a variance to the manufacturers recommended use.
Save as set out in the clause above, the company will not be liable to the customer. In particular the company will not be liable for any loss caused to the customer, of whatever sort and however caused, even by the negligence of the company, arising out of or in any way connected with an order for goods or services placed with the company.
Property in the goods
Notwithstanding that the customer or his agent obtains possession of the goods pending payment in full of the price they shall hold the goods as the company's fiduciary agent and bailee and legal ownership will remain with the company until such time as payment in full is made by the customer to the company. While so holding the goods as the company's fiduciary agent and bailee the customer or its agent shall keep the goods separate from goods of the customer and of third parties, properly and safely stored protected and insured and identified as the company's property. The customer hereby authorises the company by its servants or agents to enter upon premises in which the goods are placed to inspect them or in the event of non-payment to collect them. Until the customer shall cause to have the right to retain possession of the goods the company licences the customer to sell the goods on its behalf as its agent (although the customer shall not hold its self the company licences the customer to sell the goods on its behalf as its agent (although) the customer shall not hold its self out as the company's agent but shall sell as principal). In the event of the customer re-selling or otherwise disposing of the goods or any part thereof as the company's agent the customer will, until payment is made in full to the company of the price of the goods, hold in trust for the company out of the sale proceeds to the customer, an equivalent sum to the purchase price owed by the customer to the company.
Insolvency of the Customer
In the event of the happening of any of the following events, (I) the customer making a voluntary arrangement with its creditors, (II) the customer is made the subject of a receiving order or any administration order, (III) the customer becomes bankrupt or goes into liquidation other than for the purpose of amalgamation or reconstruction. (IV) an encumbrancer taking possession or received being appointed of any of the property of the assets of the customer, (V) the customer ceasing or threatening to cease trade of (VI) the company reasonably believes that any of the above mentioned events is about to occur and notifies the customer in writing of its believes, then and in any such event, and without prejudice to any other right or rights of the company, the company shall be entitled to cancel any contract with the customer, and/or suspend any further deliveries to the customer, and in respect of any goods delivered but not paid for or services rendered but not paid for the full contract price shall immediately become payable notwithstanding any previous agreement or arrangement to the contrary.
These conditions and the contract to which they relate shall be construed in accordance with the laws of England and Wales: the contract shall be deemed to have been made at the company's registered office; and the company and the customer submit to the exclusive jurisdiction of the courts of England and Wales.