ERMS AND CONDITIONS FOR SUPPLY OF GOODS AND RETURNS
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 from the Supplier;
1.3 “Goods” means the articles specified the website provided by the Supplier;
1.5 “Supplier” means Redcap Garage and www.Towing-Trailers.co.uk
1.6 “Terms and Conditions” means the terms and conditions of supply set out in this document.
2.1 These Terms and Conditions shall apply to the supply of Goods by the Supplier to the Customer via the Suppliers website 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, 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 Customer shall be deemed to have accepted these Terms and Conditions by placing an order with the Supplier.
3.2 All Orders for Goods shall be deemed to be acceptance pursuant to these Terms and Conditions.
4 PRICE AND PAYMENT
4.1 The price for the Goods is as specified on the website VAT and any other applicable charges, e.g. delivery charges as notified on the website.
4.2 Please note all delinquent accounts will be passed to our debt collection agent, Sinclair Goldberg Price Ltd. All accounts, without exception, will be subject to a surcharge of 15% plus vat to cover our costs in recovery. These accounts will also be subject to any legal costs incurred in obtaining settlement
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. Delivery usually within 3 to 5 working days unless out off stock with our manufacturer.
5.2 All risk in the Goods shall pass to the Customer upon delivery.
5.2.1 The Seller’s delivery agent reserves the right to request identification on delivery, The Seller’s delivery agent reserves the right to refuse delivery should acceptable identification not be provided. Please ensure that there is someone present to sign for your goods as not signing the for your goods or signing unchecked will mean that you have received the goods in good condition.
5.2.3 The Buyer shall be entitled to replacement Goods where the Goods have been damaged during transportation. The Buyer must notify the Seller of the damage within 24 hours of delivery. The Buyer must notify the Seller of any dispute within 3 days of delivery. The buyer is entitled to a minimum cooling of period of 7 working days to cancel or return an item to obtain a full refund. We agree to accept any such goods for return. Such goods must be returned by you carriage-paid to us in their original condition and packaging.
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 delivery of the goods, the cost of which shall be the sole responsibility of the Customer; and
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 The Supplier shall perform sale of the Goods with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
8.3 The Supplier provides the following guarantee(s) in relation to the Goods for sale:
9 CANCELLATIONS AND REFUNDS
9.1 Where the Goods are faulty the Customer must notify the Supplier within 24hrs of delivery and the Customer shall be entitled to replacement Goods or a full refund.
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.
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 supply Goods by any agreed delivery 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.
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
This Agreement shall be governed by and construed in accordance with English Law, and the parties hereby submit to the exclusive jurisdiction of the United Kingdom courts.