TERMS AND CONDITIONS OF BUSINESS
COMPANY means White Hill Commercials Ltd
CUSTOMER means the purchaser of goods or services from the COMPANY
CONTRACT means these terms and conditions together with the INVOICE
QUOTE means the specifics of the services offered and prices to be confirmed within 24 hours of receipt to the COMPANY by the CUSTOMER
INVOICE means the document issued by the COMPANY to the CUSTOMER containing the specifics of the services and prices, CONTRACT has been entered by both the COMPANY and the CUSTOMER on receipt of the INVOICE
SERVICES means the sale of goods by the COMPANY to the CUSTOMER and/or the exportation of the goods
GOODS means items sold by the COMPANY to the CUSTOMER and/or the items to which any business under the CONTRACT relates
All Quotes and Contracts and all matters arising out of or in connection therewith shall be subject to English Law and the parties hereby submit to the jurisdiction of the Courts of England
Unless the Company agrees in writing, these conditions of supply shall govern the sale of goods or supply of services by the Company to the Customer and the Company shall not be bound by any variation, waiver of or addition to these conditions of the Customer
Unless the Company agrees in writing, the Company accepts no liability for any description, pricing or any other erroneous declaration, however stated, within the website and the company accepts no liability for any losses incurred by any party upon reliance on such information.
The Contract will commence once the Invoice has been produced by the Company
The services will be detailed on the Invoice from the Company to the Customer
It is the Customers responsibility to ensure that all the details contained on the Quote are true and correct. The Customer must advice the Company of any errors within 24 hours of receipt
The Customer will be deemed to have accepted the Quote if the Company is not informed within 3 days and the invoice will be produced
The Contract will continue until all sums due under the contract terms have been paid and until such time as the goods are delivered to the Customer
The Customer is to pay the Company a 25% non refundable deposit within 3 days of the invoice date. The Customer is to pay the Company the balance for the services as set out on the invoice without set off or deduction within 14 days of the invoice date. Payment will only be deemed to have been made when the company is in receipt of cleared funds in their bank account from the customer. If payment fails to be made within the 14 days the goods will be repossessed by the company and be made available for re-sale.
Unless the Company agrees in writing, all deposits paid will be deemed to be made on a non refundable basis.
The customer shall pay the company full payment before the goods are delivered to the port for export or the goods are collected from site, unless agreed in writing by the company. All trucks will remain on our website until the customer has paid the company in full for the goods invoiced.
In the event that any amounts are overdue for payment to the company from the customer, all amounts invoiced to the customer shall forthwith become due for payment and recoverable by the company.
The company has a general lien on all goods subject to the services and documents relating to the goods in its possession, custody or control for all sums due at any time to the company from the customer.
All charges and costs (including but not limited to storage charges) associated with the company exercising its right under this clause will be for the customers account
The company shall be entitled to sell, dispose or deal with goods and/or documents as agent for the customer, and apply the proceeds towards the payment of any sums outstanding to the company. All charges and costs associated with the company exercising its right under this clause will be for the customers account.
Upon accounting to the customer for any remaining balance after payment of any sum due to the company, and for the cost of sale, disposal or deal, the company shall be discharged of any liability whatsoever in respect of the goods and documents
If the buyer fails to make any payment, when due or defaults in any of it's obligations under any contract for the supply of goods by the Company, or any other agreement with the Company. If the Buyer goes into liquidation, bankruptcy or makes a voluntary arrangement with it's creditors or appoints a receiver or administrator, the Company shall, without prejudice to any other remedy, be entitled at it's discretion, without liability to the Buyer, by giving the Buyer written notice at any time or times, to suspend its performance of or terminate such contract.
If the Buyer fails to pay or take delivery of the goods or materials on which the Company has performed work on, when tendered or (as applicable) to provide adequate delivery instructions or to collect them when notified that they are available for collection, or fail to ship for export out of the UK when requested by the Company (on first available vessel leaving the UK), the Company, at it's discretion, may exercise any of the following rights namely
i) to store the goods or materials at the risk of the Buyer
ii) to require the buyer to pay all storage,transportation, handling or other charges (including expenses in connection with the delay or detention of the vehicles) incurred by the Company as a result of such failure and
iii) to require the Buyer to payfor the goods (including any work) as though delivery or performance had been completed
The Company will charge the Buyer storage charges at a rate of £50.00 per day per truck for goods that remain at the Company's premises, if not shipped when requested, or payment is not received for work carried out by the Company on the Buyer's own vehicle within the payment terns stated on our terms of sale.
Unless otherwise specified in the contract between the company and the customer, used vehicles are sold in their existing condition and no guarantee or warranty is given, the customer having had every opportunity to inspect and examine the vehicle, including a road test of sufficient length prior to entering the contract.
Unless otherwise specified in writing by the company all recorded milometer readings are not warranted.
The company shall not be liable for any loss or damage suffered by the customer once the vehicle has been delivered or collected from site, this is to include vehicle recovery, cost of hiring alternative vehicle or loss of revenue.
TITLE AND RISK
Legal and beneficial title to any vehicle or goods shall not pass to the customer but shall remain with the company until payment in full under the relevant invoice or invoices shall have been made to the company. The company shall be entitled to repossess any such vehicles or goods at any time prior to payment in full and shall be entitled to have unrestricted access to any premises of the customer for such purpose.
Notwithstanding retention of legal and beneficial title by the company, the risk in the goods shall pass to the customer on delivery.
The customer shall save harmless and keep the company indemnified from and against
All liability, loss, damage, costs and expenses whatsoever (including, without prejudice to the generality of the foregoing, demurrage and any other costs relating to shipping and/or port charges; all duties, taxes, imposts, levies, deposits, any outlays of whatsoever nature levied by any authority in relation to the goods) arising out of the company acting in accordance with the customer’s instructions, or arising from the negligence of the customer.
FORCE MAJEURE EVENT
Force majeure event means any circumstances not in a party’s reasonable control.
If either party is prevented, hindered or delayed in or from performing any of its obligations under this contract by a Force Majeure Event, the party so affected shall not be in breach of contract or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.
The Company shall not be liable for any delay due to war,civil unrest, riot, strike, lock out due to labour disputes ( whether or not at the Company's works), acts of civil or military authorities, fire, flood, earthquake or shortage of supply, breakdown or failure of plant or machinery, lack or failure of transportation facilities or the supply of labour, materials or power and the time for performance shall be extended by the period of such delay.
DELIVERY DATES AND VARIATIONS
Delivery dates where given are estimated in good faith but are approximate. Although the company will use all reasonable endeavours to adhere to estimated delivery dates, the company will not guarantee such dates and it is a term of the contract that in respect of delivery it is not of the essence.
In the event of any variation suspension or delay of work caused directly or indirectly by the customer, whether with or without the consent of the company, the company shall be entitled to increase the price accordingly but without prejudice to the companies other rights or remedies.
Unless otherwise specifically stated or provided for in the contract, it is the customer’s responsibility to ensure that any relevant statutory provisions are compiled with, prior to the customer using any goods supplied by the company.