Barlow Trailers
Ltd
Denizes Farm, Southport Road,
Ulnes Walton, Leyland, Lancs, PR26 8LP
GENERAL STANDARD TERMS AND CONDITIONS OF SALE
FOR END USER CONSUMERS
These conditions
apply to the sale and purchase of goods, when you are purchasing
such goods as an end user consumer directly
from
Barlow Trailers Ltd.
Contract Formation
Over the Counter Sales
In relation to over the counter sales, the issue by us of our
invoice is an offer from us to you for the supply of the goods
subject to these conditions. You can accept our offer by signing
our invoice.
Telephone/Email/Fax/Mail Orders
Where you have ordered the goods by telephone, by mail order
or by sending us an email or facsimile, your order is an offer
by you to us to purchase the goods subject to these conditions.
The issue by us of our order acknowledgement will constitute
our acceptance of your order.
Contract
The contract for the
sale by us of the goods to you (the “Contract”)
is formed when you sign our invoice or we issue our order acknowledgement
to you (whichever is applicable).
Cancellation
In the case of over the counter sales, orders by telephone,
mail order, email or facsimile:
If the goods are to be made to your specifications or to be customised,
once the Contract has been formed you may not cancel the Contract
or change the goods;
In all other cases, you may cancel the Contract or your order
by giving us notice in writing to the address set out at the
top of these conditions at any time on or before seven working
days from the date of delivery by us or collection by you of
the goods. You will be responsible for the cost of returning
the goods to us or the cost of our recovery of the goods. You
are under an obligation to ensure that, pending return or recovery,
you take reasonable care of the goods and that they are returned
to us in the same condition as when they where delivered to or
collected by you.
Price And Payment
The Price
The price of the goods
is the price stated overleaf (the “Price”).
The price is exclusive of VAT which is payable by you in addition
to the Price.
Payment
In case of over the counter sales, unless we agree otherwise,
the Price will be payable by you immediately on signature of
our invoice. In all other cases, unless we agree otherwise, the
Price will be payable not later than the date of delivery or
collection of the goods. Where we agree that different payment
terms will apply, the Price will be payable by you on the date(s)
agreed. Time for payment of the Price will be of the essence
of the contract.
Interest on Late Payments
Without prejudice
to any other remedy to which we may be entitled whether under
these conditions or at law, we will have the right
to charge you interest on any overdue amounts from the date payment
fell due until the date payment is made at the rate of interest
in force on the date payment fell due pursuant to the Late Payment
of Commercial Debts (Interest) Act 1998 (the “Act), together
with the fixed compensation payable under the Act.
Delivery and Risk
Unless we agree that we will deliver the goods, you are responsible
for collecting the goods from our premises specified overleaf
within ten (10) days of the date in which we notify you that
the goods are ready for collection.
If we agree to deliver the goods to you:
a) We reserve the right to charge you for the cost of delivery
at our standard rates applicable at the relevant time; and
b) Any delivery dates provided by us will be estimates only and
you will not be entitled to refuse to accept late delivery as
a breach of contract by us.
If you are responsible for collection of the goods, risk in
responsibility for the goods will pass to you on collection.
If we agree to deliver the goods to you, risk in and responsibility
for the goods will pass to you on delivery of the goods to the
agreed delivery address.
If you are unable to collect or take delivery of the goods (as
the case may be) on the relevant date, we may agree to postpone
collection or delivery provided that you agree to pay any storage
and insurance cost incurred by us as a result. If we agree to
store the goods the will stored at your risk and we shall not
be liable for any theft, loss or damage to the goods during that
time.
Ownership Of The Goods
Ownership of the goods will pass to you once we have received
payment in full in cleared funds of the Price together with any
VAT and delivery charges which may be payable by you.
Should you:
a) Fail to make payment by the due date (or where we have agreed
that the Price is to be payable in instalments, any instalment
date); or
b) Become insolvent prior to payment in full in cleared funds
of the Price and any VAT and delivery charges.
Without prejudice to any other remedies to which we may be entitled
whether under these conditions or at law, we or any person authorised
by us shall have the right to enter upon your premises to repossess
the goods and you hereby irrevocably authorise us and/or our
authorised representative to enter upon your premises for such
purpose.
Limitations On Our Liability And Your Indemnity
Nothing in any of these conditions:
a) Limits our liability under Part 1 of the Consumer Protection
Act 1987 or for death or personal injury, (which for the avoidance
of doubt does not include death or injury to animals) caused
by our negligence; or
b) Affects your rights under Sections 12 to 15 of the Sale Of
Goods Act 1979 (as amended) or any other statutory rights which
you have as a consumer.
Where the goods are made to your design or specification:
a) We shall not be responsible for any defect in the design
of the goods or any failure of the goods to be fit for purpose;
and
b) You will indemnify us against any loss or claim whatsoever
arising as a result of the goods being made to your design or
specification, including claims that such goods infringe others’ intellectual
property rights.
We shall not be liable to you for:
a) Any statement made (unless fraudulent): or
b) Any indirect, special or consequential loss, costs or expenses
arising out of or in connection with the supply of goods.
Save in respect of death or personal injury (which for the avoidance
of doubt, does not include death of or injury to animals) caused
by our negligence, our entire liability under or in connection
with the Contract shall not in any event exceed the price.
Guarantee
The guarantee set
out below (the “Guarantee”) is
an addition to your statutory rights as a consumer. If your prefer,
you may rely on your statutory rights rather than make a claim
under the Guarantee [in which case you may be able to choose
whether to have faulty goods repaired, replaced or have a refund.]
Subject to the provisions set out below, we guarantee new goods
in respect of defects due to faulty workmanship or materials
for a period of twelve (12) months from the delivery or collection
(the Guaranteed Period).
Subject to the provisions set out below, we guarantee used goods
in respect of defects due to faulty workmanship or materials
for a period of six (6) months from the delivery or collection
(the Guaranteed Period).
In order to take advantage of the Guarantee you must:
a) Notify us in writing at the address set out at the start
of these conditions within fourteen days of the discovery of
a defect or failure giving us particulars and permitting us to
inspect the goods; and
b) Where the goods purchased by you is a trailer, complete and
return the Trailer Registration card within two (2) weeks of
the date of collection or delivery of the goods (as applicable)
and notify us of all changes of your address within two (2) weeks
of such a change.
If you do not comply with these requirements we shall have no
obligations under the Guarantee.
During the Guarantee Period we will (at our option) repair and/or
replace the goods or any part of them, which prove to be defective
due to faulty materials or workmanship. However, we will not
be responsible for any damage caused to the goods as a result
of:
a) Normal wear and tear
b) Wilful or accidental damage
c) Your negligence
d) Misuse
e) Failure to follow our instructions for the care or maintenance
of the goods;
f) Alteration or repair of the goods by someone other than us;
or
g) The actions of animals being transported.
Where the goods are purchased from stock we shall not be responsible
for any defects, which we drew to your attention before the
formation of the Contract between us.
Following notification
of a defect we will use all reasonable efforts to inspect and/or
repair and/ or replace the defective
goods or parts within a reasonable time. You must not arrange
for a third party to carry out any repairs without our consent.
If you do so this will invalidate the Guarantee. It is the purchaser’s/consumer’s
responsibility to return the goods to our premises at the purchaser’s/consumer’s
expense.
Intellectual Property
Between us and you all intellectual property in or relating
to the goods and any packaging or literature supplied by us to
you belongs to us.
Force Majeure
If we are unable to perform any of our obligations under the
Contract by reason of any event or circumstance beyond our control
including for example non-availability of materials or other
items from our suppliers, such failure shall not be regarded
as a breach of our obligations and we shall be entitled to suspend
performance of those obligations and/or the Contract until such
time (if any) as we shall be able to perform such obligations.
Termination
Without prejudice to any other rights which may be available
to us whether under these conditions or at law, if you:
a) Breach any of the provisions of the Contract; or
b) Become insolvent
We shall have the right to terminate the Contract on giving
you written notice.
Law
These conditions and the Contract shall be governed by and construed
in accordance with the laws of England and Wales.
Amendments
These conditions can only be amended or varied by written agreement
between us.
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