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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.
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.
Payment shall be made within 30 days of the end of the month in which delivery is made and if payment is overdue the Company reserves the right to charge interest on the price at the rate of 1½% per month from the date by which payment should have been made until day of payment Provided Always that the payment of such interest shall be in addition to all other rights of the Company.
Limitation of liability Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this section.
Subject to the clause 7 below, all warranties, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.
We will not be liable (whether caused by our employees, agents or otherwise) in connection with the Goods, for:
a. Any indirect, special or consequential loss, damage, costs, or expenses; and/or
b. Any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; and/or
c. Any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and/or
d. Any losses caused directly or indirectly by any failure or breach by you in relation to your obligations; and/or
e. Any loss relating to the choice of the Goods and how they will meet your purpose or the use by you of the Goods supplied.
f. 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.
g. 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.
The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation.
h. The majority of our customer base comprises competent professionals who understand and recognise that the items we supply are not usually provided with installation instructions. Should you have the slightest doubt about how an item should be fitted, installed or subsequently used, then seek the advice of an expert. Stedall Vehicle Fittings Ltd takes no responsibility for any consequential damage caused by incorrect installation.
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.
a. The Company supplies goods in accordance with the manufacturer’s specification applicable from time to time and it shall not be liable to the Buyer for any change in specification between the date of order and the date of despatch and the Buyer shall not have the right of rejection in respect thereof.
b. The illustrations and dimensions of articles in our Catalogue are correct at the date of printing but are shown for information only and the Company does not warrant that goods delivered will correspond therewith.
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.
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.
The Company may immediately cancel an order as to any future deliveries if the Buyer fails to comply with any of its obligations hereunder or becomes bankrupt or makes an assignment agreement or composition with its creditors or suffers distress or process of execution to be levied on its property or goes into liquidation either compulsorily or voluntarily (except for the purpose of reconstruction or amalgamation). The Company reserves similar rights of cancellation if it appears probable or likely to the Company that any of the above events will occur.
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.
Notices will be deemed to have been duly given:
a. 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.
b. When sent, if transmitted by email and a successful transmission report or return receipt is generated
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.
Returns cannot be accepted unless previously agreed by the Company and the appropriate Collection Note issued.
a. When providing the Goods to the Buyer, the Seller may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Buyer.
b. The parties agree that where such processing of personal data takes place, the Buyer shall be ‘data controller’ and the Seller shall be the ‘data processor’ as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
c. For the avoidance of doubt, ‘Personal Data’, ‘Processing’, ‘Data Controller’, ‘Data Processor’ and ‘Data Subject’ shall have the same meaning as in the GDPR.
d. The Seller shall only Process Personal Data to the extent reasonably required to enable it to provide the Goods as mentioned in these terms and conditions or as requested by and agreed with the Buyer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party’s purposes.
e. The Seller shall not disclose Personal Data to any third parties other than employees, directors, agents, subcontractors or advisors on a strict “need-to-know” basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.
f. The Seller shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Seller on behalf of the Buyer. Further information about the Seller’s approach to data protection are specified in its Data Protection Policy, which can be found on our website. For any enquiries or complaints regarding data privacy, you can e-mail: sales@stedall.co.uk.