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AJC Trailers Terms and Conditions
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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