VEHICOOL GENERAL TRADING
POLICY:
The
following are to be used to solve disputes only, and do not form any part of
VEHICOOL's Terms and Conditions of Sale.
ALL
sales will be subject to VEHICOOL's Terms and Conditions of Sale, and any
variance of the Terms and Conditions of Sale by VEHICOOL should be considered
as an act of good faith and not an ongoing contract to continue the same.
1.
PAYMENT:
Payment
terms are immediate by cleared funds (i.e. Cash, Bankers Draft, Bank Transfer
or Pre-Cleared Cheque), unless a Credit Account has been opened and approved by
VEHICOOl. A surcharge, equal to the amount charged to VEHICOOL, will be
applied to invoices if being paid by Cheque where VEHICOOL is charged for
accepting and clearing the same.
2. CREDIT ACCOUNTS:
Unless
otherwise stated in writing, all Credit Accounts are nett and due for payment
30 days from date of invoice without reduction or deferment on account of
disputes or cross claims.
Time
of payment is of the essence of the Contract to supply the goods or services
and if the Purchaser fails to make payment in full on the due date, VEHICOOL
will charge interest on any monies unpaid at the rate of 2 percent per calendar
month or part thereof, and will thus raise an invoice to the Purchaser in respect
thereof.
Delayed
payments to VEHICOOL will invalidate any warranties or liabilities, whether
they are imposed by statute or otherwise.
Any
costs incurred to VEHICOOL whilst recovering any overdue balances (however
incurred, whether legal charges, direct costs, indirect costs, etc, including
labour at the standard rate applicable at the time), will be repayable, in
full, by the company or guarantor from whom the outstanding debt is being
recovered.
A
Credit Account will only be considered if all parts of the Credit Application
Form are completed in full.
Unless
agreed by VEHICOOL in writing, Credit Accounts will only be opened if there is
someone personally guaranteeing any monies owing at anytime.
The
guarantor will be responsible for all debts.
VEHICOOL
will recover any monies owed from the guarantor personally, should the company
not honor payment.
It
is the responsibility of the guarantor to inform VEHICOOL immediately of any
changes whatsoever made to his/her personal details on the Credit Account
Application Form (e.g. change of address or telephone number).
Failure
to do so will result in the closure of credit account facilities.
3. TITLE:
Full
title and ownership of all goods (including materials, components and
accessories) remain with VEHICOOL until the goods are paid for, in full,
including any interest and legal charges incurred.
Title
will only be transferred to the Purchaser when the Purchaser has paid all sums
owing to VEHICOOL on any account whatsoever, and any cheque or other negotiable
security has been honored in full.
Prior
to such payments, VEHICOOL retains full ownership of the goods.
VEHICOOL
reserves the right to collect goods supplied, if payment is not made on the due
date.
4. GOODS RETURNABLE:
All
goods must be returned within 14
days of invoice date if not a 20% handling charge will be charged.
All
goods will not be refunded after 90 days from invoice date:-
[1]
The parts proved to be incorrectly
supplied and not to order.
[2] The parts are defective and subject to a
claim under warranty, as outlined below.
A
copy of the invoice must accompany any goods returned.
Returned
goods must be in original packaging, and as supplied to the Purchaser and have
not been fitted or used.
Any
parts accepted for return that are not subject to points [1] or [2] above are
only accepted at VEHICOOL's discretion, and will be subject to a handling
charge of 20%.
5. QUOTATIONS AND PRICES:
All
orders are accepted by VEHICOOL on the basis of prices ruling at the date of
despatch.
VEHICOOL
reserves the right to amend prices, without notice, in consequence of changes
in raw material price from any other source, labour costs,
production costs or for any other reason whatsoever.
All
prices quoted are ex-works and subject to VAT at the rate ruling at the time of
despatch.
VEHICOOL
reserves the right to apply a surcharge to any goods supplied on any exchange
basis.
Any
goods returned to VEHICOOL that have incurred a surcharge must be sent prepaid,
within 14 days of supply of the new unit and must be sent with a copy of the
invoice containing the surcharge.
A
minimum invoice value of £20.00, excluding carriage and VAT, will apply to all
orders.
6. DELIVERY:
All goods will take 2-3 working days from invoice date unless otherwise indicated to the customer by email or telephone.
All
goods are sold ex-works unless otherwise agreed in writing.
Whilst
VEHICOOL will endeavour to comply with any delivery terms quoted, no guarantee
or warranty for time of delivery is given or implied, any times or dates are
approximate and VEHICOOL shall not be liable for the consequence of any delay.
Should
VEHICOOL not be able to supply a complete order, the Purchaser has the option
of cancelling the order, accepting part-deliveries or waiting until the order
may be delivered in full.
Once
this choice has been made, the Purchaser may not terminate the order.
If
the Purchaser chooses part-deliveries, any additional carriage charges shall be
deemed to be the Purchases responsibility.
Each
part-delivery is deemed to be a separate contract and is, therefore, subject to
our standard Terms and Conditions of Sale.
In
no event shall VEHICOOL be liable for consequential loss, if any, suffered by the
Purchaser.
Responsibility
for the goods is transferred to the Purchaser once the goods have passed to the
Purchaser's chosen delivery method, being either the Post Office, Freight
Forwarder, Courier, Carrier, Shipper, etc.
Unless
otherwise agreed in advance, goods will be shipped at VEHICOOL's discretion by
overnight carrier.
Any
delivery terms quoted are subject to confirmation after receipt of order.
7. DESCRIPTION:
VEHICOOL
has the sole right of making any change in design or withdrawal of products
without liability.
Wherever
possible, VEHICOOL will notify the Purchaser of any design changes or
improvements made by VEHICOOL which relate to the Purchaser's order.
If
the goods supplied by VEHICOOL to the Purchaser's design or specification
infringe any patent, registered design, or rights of copyright, the Purchaser
will indemnify VEHICOOL against all damages and costs incurred by it as a
result of work done in accordance with the Purchasers specifications.
8. LOSS OR DAMAGE:
No
claim for damage to, or loss of, the goods or part thereof in transit will be
considered by VEHICOOL unless the Purchaser:-
1. Submits a written notice to VEHICOOL of
damages or shortages within 3 days of delivery of goods or, in the event of
loss of the goods, within 7 days of the notified date of despatch of the
consignment.
2.
Submits the endorsed carriers
receipt that the goods had been accepted duly signed and marked with out
examination, damaged, etc.
VEHICOOL will replace free of further charge any goods
found to have been defective at the time of delivery, providing that:-
a) VEHICOOL and any carriers are notified
in writing within 7 days of the dispatch date;
b) Such goods are returned to VEHICOOL,
carriage pre-paid;
c) The goods are inspected by VEHICOOL to
establish the claim.
9. WARRANTY:
VEHICOOL
does not warrant, guarantee or hold out goods from manufacturers or other
suppliers (unless fitted by VEHICOOL).
These
goods will be subject to that manufacturer's or supplier's conditions of sale
or contract.
VEHICOOL
will use its best endeavours to obtain the benefit of any guarantee given by
the manufacturer or supplier and liability to the Purchaser shall be limited to
any sum received by it thereunder.
In
no event shall VEHICOOL be liable for consequential loss if suffered by the
Purchaser.
Should
any failure of goods manufactured or re-manufactured by VEHICOOL occur within
12 months (or such period as may be agreed in writing between VEHICOOL and the
Purchaser) from the date of delivery, which is proved to VEHICOOL's satisfaction
to be the result of defective material or workmanship, and not caused by fair
wear and tear, damage in transit, bad workmanship or accident, VEHICOOL will
supply replacement goods on an ex-works basis, free of charge to the Purchaser.
This
warranty is for parts replacement only, excluding any consequential costs
arising from system break down, and or loss or damage whatsoever, of use
of vehicle, loss of product carried, etc.
The
afore said guarantee shall not apply in the respect of:-
a)
Defects or failures not reported
to VEHICOOL, in writing, within 14 days of the occurrence of such failures.
b) Any failure or damage due to the goods
being misused, neglected, misfitted or operated under conditions likely to
cause excessive wear and tear or damage.
c) Goods which have been modified by the
Purchaser or any third party without the written consent of VEHICOOL.
d) The result of any non-adherence to the
Terms and Conditions of Sale.