1. These Conditions shall apply to all sales of goods by the Company to the exclusion of all other terms, conditions and warranties, whatever, and the Company shall not be bound by any representations, guarantee or warranty made by its employees, agents or representatives. These conditions shall not be varied save by written agreement between the company and the Buyer.
2. a. Dates given by the Company for delivery will be estimated only but will be maintained as closely as possible and the Company will not be responsible for any losses caused to the Buyer by late delivery.
b. Each delivery of goods in accordance with an order shall be deemed to constitute a separate contract to which these terms and conditions shall, so far as is possible, apply and failure to make any delivery shall not terminate the order as to future deliveries.
3. Payment is due in full at time of order.
4. The Company does not warrant, guarantee or hold out that the goods are of merchantable quality or fit for any purpose, whether such purpose is known to the Company or not, and in the event of the Buyer receiving defective goods it must forthwith notify the Company of the same and if requested return the goods to the Company for transmission to the manufacturer. If found faulty within twelve calendar months of invoice date, the goods will be replaced free of charge, providing they have not been altered or tampered with in any way. The Company will use its best endeavours to obtain the benefit of any guarantee given by the manufacturer and its liability to the Buyer shall be limited to any sum received by it thereunder. In no event shall the Company be liable for consequential loss, if any, suffered by the Buyer.
5. No claim for damage to or loss of the goods or part thereof in transit will be considered by the Company unless the Buyer: a. despatches separate written notice to the carrier concerned, if any, and to the Company of the damage or shortage within 2 days of delivery of the goods or, in the event of loss of the goods, within 5 days of the notified date of despatch of the consignment; b. submits a detailed claim in writing to the Company within five days of the date of the notice given under (a) above; and c. endorsed, where applicable, on the carrier’s receipt that the goods had been accepted without examination, damaged etc.
6. a. Not withstanding delivery and passing of risk in the Goods, or any other provision of these terms, the property in the goods shall not pass to the Buyer until the Company has received in cash or cleared funds payment in full of the price of the goods and all other goods agreed to be sold by the Company to the buyer for which payment is then due. b. Until such time as the property in the Goods passes to the buyer (and provided the goods are still in existence and have not been resold), the Company may at any time require the Buyer to deliver up the Goods to the Company and if the Buyer fails to do so forthwith, enter on any premises of the Buyer or any third party where the goods are stored and repossess the goods.
7. The Company shall not be liable for any inability to comply with its obligations under an order due to any cause whatsoever beyond its reasonable control, including (but not limited thereto) war, riot, strike or lock-out, act of God, storm, fire, earthquake, explosion, flood, confiscation, action of any government or government agency or shortage of goods and time for delivery shall be extended by a period corresponding to the period of such inability Provided Always that either the Company or the Buyer may give notice in writing to the other cancelling deliveries which should have been made during a period of force majeure in the event of such period extending beyond 84 consecutive days.
8. Where the Buyer cancels, postpones its order or refuses to accept delivery, it shall compensate the Company to the extent of any costs or charges incurred by the Company by reason of such cancellation, postponements or refusal together with all costs incurred by the Company to the date thereof and in the event of the Company not being able to sell the goods elsewhere at the price ruling at the date thereof, Buyer shall be liable to pay the difference.
9. Orders are despatched on the understanding that prices charged will be those ruling on the date of despatch and every endeavour will be made to maintain prices as quoted.
10. Any notice sent by post in accordance with these conditions shall be deemed to have been delivered or served 48 hours after the same shall have been posted in a properly addressed pre-paid envelope and proof of posting shall be sufficient proof of service.
11. Consumer buyers can cancel the agreement to purchase goods up to seven days after the said goods are delivered. In such circumstances the buyer will be responsible for any delivery costs incurred. The cancelled goods (if already delivered) must be returned in good and unused condition to the company. The company will upon receipt refund the consumer buyer the costs of the goods less any delivery charges.
The Company “STEDALL (Vehicle Fittings) Limited” of Unit 1A, Badminton Road Trading Estate, Yate, Bristol, BS37 5JS – company number 00202224 – is a registered Trade Mark and must not be used without the permission (in writing) of the Company.