GENERAL:
1. In these conditions of sales
'The Company' means AJC Trailers Ltd and or its servants
or agents.
'The Buyer' means as stated overleaf
'The Goods means as stated overleaf
MODIFICATION OF CONDITIONS
2. These conditions shall apply to all contracts for the
sale of Goods by the Company to the Buyer to the exclusion
of all other terms and
conditions including those which the buyer may purport to
apply under any purchase order or similar document.
PAYMENT
3. Upon placing the order of the Goods the Buyer shall
pay the Company a deposit which will be variable depending
on the nature of the
goods. The deposit is non-returnable unless expressly confirmed
in writing by a director of the Company.
4. Payment of the balance of the purchase price shall be
due on collection of the Goods in cash or bankers draft
.
5. Unless otherwise specified the price quoted does not
include delivery of the Goods to the Buyer. An additional
charge for delivery shall be
paid by the Buyer to the Company.
6. All payments due by the Buyer to the Company shall be
made in sterling.
COLLECTION & DELIVERY
7. The company shall use all reasonable endeavours to
deliver the Goods by the date estimated in the quotation
but the Company will not be
liable to the Buyer for any loss or damage sustained as
a result of failure to deliver the Goods by such estimated
date.
8. If the Goods are not collected by the Buyer or the Buyer
refuses to accept delivery on the specified date the Company
reserves the right to
cancel the contract to sell goods to the buyer and retain
the deposit paid.
QUALITY AND PURPOSE
9. All terms and conditions and warranties (whether implied
or made expressly) whether by the company or ots servants
or agents or otherwise
(other than those express warranties set out in the specification
of the goods sold) relating to the quality and/or fitness
for purpose of the
Goods are excluded.
VARIATIONS
10. The Company shall not be obliged to carry out any
variations to the quotation for the Goods unless the Buyer
submits a written request for
such variations containing an exact description of the work
and/or parts required and the Buyer accepts in writing the
Company terms for
the resulting addition or variation to the purchase price
of the Goods.
GUARANTEES
11. The Company guarantees new Trailers against any defects
in design workmanship construction or materials for a period
of twelve months
and Catering Equipment for six months from date of purchase.
If any defect manifests itself during that period the Company
will at its own
expense repair or replace the Goods upon the Buyer returning
the Goods at the Buyers own expense to the Company at its
premises in
Dunstable Bedfordshire. The Company shall have no further
liability to the Buyer under this Guarantee and in particular
but without prejudice
to the generality of the foregoing the Company nor any alleged
loss of earnings by the Buyer whilst the Goods are being
repaired or
replaced by the Company.
12. The Company will free of charge to the Buyer carry out
such service maintenance on the Goods as the Company shall
in its absolute dis
cretion deem necessary for a period of twelve months forTrailers
from the date of collection and Catering Equipment for a
period of six
months, provided always that the Buyer shall return the
Goods at the Buyers own expense to the Company at its premises
in Dunstable Bedfordshire.
13. These Guarantees shall not apply to
(a) any defect in the opinion of the Company arises by reason
of misuse misapplication neglect or accident
(b) any defect not immediately notified to the Company
(c) components not manufactured by AJC Trailers Ltd in which
case the Buyer is entitled only to the extent that the Company
itself
entitled to a guarantee provided by the manufacturer
TITLE AND RISK
14. Property in the Goods shall remain in the Company
until the Buyer has paid all monies owed to the Company
in full. If any payment is over
due the Company may (without prejudice to any of its other
rights and remedies) recover and resell the Goods and the
Buyer hereby irrev
ocably authorise the Company and its agents or servants
to enter (upon the Buyers premises at any time for that
purpose).
15. Not withstanding condition fourteen above all risk in
respect of the Goods shall be assumed by the Buyer upon
delivery to him.
DEFECTS
16. It is the Buyer's obligation to inspect the Goods
at the time of collection or delivery. Any claim in respect
of defective workmanship parts or
otherwise shall be made to the Company and the time of collection
or delivery.
17. In the event that the Goods are delivered by an independent
Carrier no claim in respect of Goods damaged in transit
or loss will be
accepted if the Carrier has been given a clear receipt of
the Goods or if the Carrier is not notified in writing of
such loss or damage and of
relevenant particulars within the same time limits as those
appropriate to the claim under the standard terms and conditions
of carriage of
Carrier concerned for the time being in force. Such notification
to the Carrier shall be given by the Buyer and the Company
shall
be duly advised.
PRE-CONTRACT STATEMENTS / LITERATURE
18 The Company does not accept liability for any statements
made whether written or incorporated into sales and technical
literature during the
course of negotiations.
FORCE MAJEURE
19. If the manufacture, transport or delivery of the Goods
be prevented interrupted delayed by circumstances beyond
the Company's control
including but not limited to, war, civil riot, shipwreck
or any accident at sea, in the air or on the land, fire,
flood, Government order or control, or
in any form strikes, lock outs reduction in or unavailability
of power supply or breakdown of plant machinery or shortage
or unavailability of raw
materials from normal sources or on any event for which
a third party is responsible the Company shall have the
right to cancel or delay
delivery the amount delivered or cancel the supply of Goods
in such a manner as it may seem reasonably think fit and
the Company shall not
be liable for breach of contract.
GOVERNING LAW
20. All disputes rising out of these conditions shall
be subject to the jurisdiction of the courts of England
& Wales.
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