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1 DEFINITIONS
In
this document the following words shall have the following meanings:
1.1
"Consumer" shall have the meaning ascribed in section 12
of the Unfair Contract Terms Act
1977;
1.2 "Customer" means any person who purchases Goods
and Services from the Supplier;
1.3 "Goods" means the articles specified in the
Proposal;
1.4 "Proposal" means a statement of work, quotation
or other similar document describing the
Goods
and Services to be provided by the Supplier;
1.5
"Services" means the services specified in the Proposal;
1.6 "Supplier" means COACH PARTS DIRECT OR
HOLMESWOOD COACHES
LTD
Registered Office:
Sandy
Way
,
Holmeswood,
Ormskirk
,
L40
1UB
Registered in
England
:
442384;
1.7
"Terms and Conditions" means the terms and conditions of
supply set out in this document
and
any special terms and conditions agreed in writing by the Supplier
2 GENERAL
2.1
These Terms and Conditions shall apply to all contracts for the
supply of Goods and Services
by
the Supplier to the Customer and shall prevail over any other
documentation or
communication
from the Customer.
2.2 Any variation to these Terms and Conditions shall be
inapplicable unless agreed in writing by
the
Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice any
condition or warranty, express or
implied,
or any legal remedy to which the Supplier may be entitled in
relation to the Goods
and
Services, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the
Customer's statutory rights as a
Consumer.
3 THE ORDER
3.1
The Proposal attached to these Terms and Conditions shall remain
valid for a period of 10
days.
3.2
The Customer shall be deemed to have accepted the Proposal by
placing an order with the
Supplier
("the Order") within the period specified in Clause 3.1
3.3 All Orders for Goods and Services shall be deemed to be
acceptance of the Proposal
pursuant
to these Terms and Conditions.
4 PRICE
AND
PAYMENT
4.1
The price for the Goods and Services is as specified in the Proposal
and is inclusive of any
applicable
charges outlined in the Proposal.
4.2 Payment of the price shall be in the manner specified in
the Proposal.
4.3
If the Customer fails to make any payment within 30 days of it
becoming due, the Supplier
shall
be entitled to apply the ‘Late Payment of Commercial Debt
(Interest) act’, meaning a charge or 8% over Bank Base Rate plus
the charge of up to £100.00 to cover Supplier costs.
5 DELIVERY
5.1
The date of delivery specified by the Supplier is an estimate only.
Time for delivery shall not
be
of the essence of the contract and the Supplier shall not be liable
for any loss, costs,
damages,
charges or expenses caused directly or indirectly by any delay in
the delivery of the
Goods.
5.2 All risk in the Goods shall pass to the Customer upon
delivery.
6 TITLE
Title in the Goods shall not pass to the Customer until the
Supplier has been paid in full for
the
Goods.
7 CUSTOMER'S OBLIGATIONS
To
enable the Supplier to perform its obligations the Customer shall:
7.1 co-operate with the Supplier;
7.2 provide the Supplier with any information reasonably
required by the Supplier;
7.3 obtain all necessary permissions, licenses and consents
which may be required before the
commencement
of the services, the cost of which shall be the sole responsibility
of the
Customer;
and
7.4 comply with such other requirements as may be set out in
the Proposal or otherwise agreed
between
the parties.
8 SUPPLIER'S OBLIGATIONS
8.1
The Supplier warrants that the Goods will at the time of delivery
correspond to the description
given
by the Supplier.
8.2 It may not always be possible to supply the exact goods
originally requested by the Customer
and
if this happens then the Supplier will contact the Customer to agree
what substitution is
acceptable.
(As an example, a specified toy may not be available at Christmas).
8.3 The Supplier shall perform the Services with reasonable
skill and care and to a reasonable
standard
in accordance with recognised standards and codes of practice.
8.4 The Supplier accepts all responsibility for the condition
of tools and equipment used in the
performance
of the Services and shall ensure that any materials supplied shall
be free of
defects.
9 CANCELLATIONS
AND
REFUNDS
9.1
Where the Goods are faulty or do not comply with any of the
contract, the Customer must
notify
the Supplier within 3 days of delivery and the Customer shall be
entitled to replacement
Goods
or a full refund.
9.2 The Customer may cancel an Order by notifying the Supplier
in writing at the address above
within
3 days of placing an Order. The Supplier will charge for any time
spent until receipt of
the
cancellation and will return any unused portion of any deposit paid.
9.3 If the Customer fails to cancel the order within the time
specified in Clause 9.2 any deposit
paid
may not be returnable.
10 LIMITATION OF LIABILITY
10.1
Nothing in these Terms and Conditions shall exclude or limit the
liability of the Supplier for
death
or personal injury, however the Supplier shall not be liable for any
direct loss or
damage
suffered by the Customer howsoever caused, as a result of any
negligence, breach
of
contract or otherwise in excess of the price for the Goods and
Services.
10.2 The Supplier shall not be liable under any circumstances
to the Customer or any third party
for
any indirect or consequential loss of profit, consequential or other
economic loss suffered
by
the Customer howsoever caused, as a result of any negligence, breach
of contract,
misrepresentation
or otherwise.
10.3 For the avoidance of doubt, time shall not be of the
essence and the Supplier shall incur no
liability
to the Customer in respect of any failure to complete the Services
by any agreed
completion
date.
11 FORCE MAJEURE
Neither
party shall be liable for any delay or failure to perform any of its
obligations if the delay
or
failure results from events or circumstances outside its reasonable
control, including but
not
limited to acts of God, strikes, lock outs, accidents, war, fire,
breakdown of plant or
machinery
or shortage or unavailability of raw materials from a natural source
of supply, and
the
party shall be entitled to a reasonable extension of its
obligations.
12 SEVERANCE
If
any term or provision of these Terms and Conditions is held invalid,
illegal or unenforceable
for
any reason by any court of competent jurisdiction such provision
shall be severed and the
remainder
of the provisions hereof shall continue in full force and effect as
if these Terms and
Conditions
had been agreed with the invalid, illegal or unenforceable provision
eliminated.
13 GOVERNING LAW
These
Terms and Conditions shall be governed by and construed in
accordance with the law
of
England
and the parties hereby submit to the exclusive jurisdiction of the
English courts
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