- GENERAL
These conditions prevail over any conditions, which the purchaser’s order may purport to impose and which are at variance with the same. No modification of these conditions shall be binding upon the Company unless specifically accepted in writing by the Company.
- TERMS OF PAYMENT
(a)Order for Purchasers without an account are accepted subject to approval of reference or cash with order.
(b)Unless otherwise stated, accounts are due for payment not later than the end of the month following the month of despatch. When deliveries are spread over a period each consignment shall be invoiced when despatched and each month’s invoice shall be treated as a separate account and shall be payable accordingly.
(c)The company reserves the right to charge interest at 3% over the base rate of “Barclays Bank PLC” on extended terms of payments/overdue accounts.
- PRICES
The Company reserves the right to vary the quoted price and goods will be invoiced to the purchaser at the prices ruling at the date of despatch unless otherwise agreed by this Company in writing.
- GUARANTEE
The Company will replace or credit the paid price to the purchaser for any defective goods of its manufacture, if the company is satisfied such defects arose solely through faulty material or workmanship. The company reserves the right to re-issue it’s own goods or with goods supplied by one of it’s agents. The company shall in no circumstances be liable for replacement goods of a higher value or for consequential loss or damage. Alleged faulty goods must be returned to the company carriage paid immediately upon discovery of defect and in any event not later than twelve months from the date of despatch.
- EXCLUSION OF LIABILITY
These conditions are in substitution for and exclude all and any express and implied statutory or other warranties, guarantees, representations, conditions and liabilities. The company denies any liability what so ever for parts employed in any form of motor sport/competition/or modified performance engines.
- ACCEPTANCE OF ORDERS/RETURN OF GOODS
Quotations do not constitute an offer by the Company to supply the goods and no orders shall be binding unless accepted by the Company in writing. Any goods correctly supplied by the company which are returned, will be subject to a 15% handling charge.
- DELIVERY DATES
While the Company will do its utmost to keep to its promised delivery dates they are to be treated as estimates only. The Company accepts no responsibility for loss or damage resulting from delay in delivery of goods. Delays due to circumstances outside the control of the Company shall not entitle the purchaser to cancel any order or to refuse to accept delivery.
- DESCRIPTIONS
Every effort is made to ensure that its products are accurately described by the Company and are fit for the purposes and applications stated on the Company’s catalogues but the Company gives no warranty to this effect and accepts no responsibility for any loss or damage arising from errors or incorrect descriptions in its catalogues. The persons fitting these products must satisfy themselves visually that they are appropriate for their intended purpose. Manufacturers part numbers are used for guidance.
- DAMAGE OR LOSS IN TRANSIT
Claims for damage or loss in transit must be sent to the Company in writing in sufficient time for the shipper and insurers to be notified within any stipulated claim time. The Company’s liability for loss or damage in transit shall be limited to the amounts (if any) recovered from the shippers and insurers.
- INTERPRETATION
The contract in all respects is governed by English Law and the purchaser hereby irrevocably submits to the jurisdiction of the English Courts.
- TITLE TO GOODS
(a)The goods shall remain the sole and absolute property of the Seller as legal and equitable owner until the purchase price of the goods comprised in this or any other contract between the Buyer and the Seller and all other indebtedness of the buyer to the Seller shall have been paid or satisfied in full (if by cheque Then only upon clearance).
The above is an ALL MONIES clause, which means that any goods supplied by us remain our property until all debts have been paid.
(b)Notwithstanding the foregoing, the Goods shall be at the Purchaser’s risk as soon as they have been delivered.
(c)Notwithstanding any inconsistency (if any) with any other provisions of these terms and conditions, the Purchaser acknowledges that it has possession of the Goods solely as bailee for the Seller.
(d)Until such time as property in the Goods passes, the Purchaser shall keep them free from any charge, lien or other encumbrance and store them in such a way as to make them readily identifiable as the Seller’s goods. The Buyer shall on request inform the Seller of the precise location of each item of the goods identified where applicable by its serial number, by supplying the Seller at its expense within seven days of its request with a written Schedule of the said locations.
(e)The Purchaser’s right to possession of the Goods shall cease if he, not being a company, commits an available act of bankruptcy or if he, being a company, does anything or fails to do anything which would entitle a receiver to take possession of any assets or which would entitle a person to present a petition for winding-up. The Buyer shall notify the Seller without delay of any attachment of the goods or actions by third parties, which might infringe the Seller’s title of the goods. The Seller may, for the purpose of recovery of its goods, enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same, (and the Buyer shall indemnify the Seller against any claims arising from such repossession shall be without prejudice to the obligation of the Purchaser to purchase the goods which shall continue to be at the Purchaser’s risk, although the Seller shall have the right, as its option, to determine the contract without prejudice to any right or claims it may have against the Purchaser.
(f)Until such time as property in the Goods passes, the Purchaser is licensed by the Seller to agree to sell the Goods to any third party, subject to the express condition that such an agreement to sell shall take place as agents (save that the Purchaser shall not hold himself out as such) and bailees of the Seller, whether the Purchaser sells on his own account or not, and that the entire proceeds thereof are held in trust for the Seller and are not mingled with other all be readily identifiable as the Seller’s monies. If the Purchaser has not received the proceeds of any such sale, it shall, if called upon to do so by the Seller, assign to the Seller all rights against the person(s) to whom it has supplied the Goods.
(g)The Buyer shall insure the goods against theft or any damage however caused until the price has been paid for until sale whichever shall first occur and the Seller shall be entitled to call for details of the insurance policy.
- SET OFF
The Seller shall be entitled to set off against liquidated or unliquidated sums owed by the Buyer to the Seller any amount that may be owing to the Buyer by the Seller in any event.
- ELECTRONIC CATALOGUE
The information on the electronic catalogue has been assembled and checked with the greatest of care to ensure its accuracy. However, we cannot accept responsibility for any errors or omissions and subsequent consequential losses arising therefrom, the onus is therefore on the fitter to ensure the parts are correct for the engine prior to fitting. Cross references are a guide only and no reference is made to design, material or set content, it is therefore advisable to check vehicle application before ordering.
These conditions of sale supercede all previous publications.
ULTRA PARTS LTD., BRAUNTON ROAD, BARNSTAPLE, N. DEVON. EX31 4AT.