1. In these conditions of sale
The Company means Excel Trailers Ltd & or its Agents or Servants.
The Buyer means the person whose order is accepted by the Company.
The Goods means the Goods and/or other items and/or services the subject of the Contract.
The Contract means the Order and the order acknowledgement together with the conditions.
If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
MODIFICATION OF CONDITIONS:
2. All Goods and/or services supplied to Buyers on the following terms, which shall have precedence over any conditions appearing on an order form or any other document emanating from an intending Buyer’s conditions which shall have no effect whatever unless expressly accepted in writing by a Director of the Company.
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 in full on collection or within 7 days of notification of completion of the order in cash or by direct transfer to our bank account.
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 endeavors to deliver the Goods by the date estimated or suggested 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.
QUALITY AND PURPOSE:
9. The Company warrants the Goods to accord with the quotation agreed with the Buyer in writing.
10. No other warranty condition description or representation under statute or common law on the part of the Company is given or implied by these terms and in particular no warranty is made by the Company to the fitness of the Goods for any particular purpose and no such warranty is to be implied from the name or description made which the Goods may be sold.
11. 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 works 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.
12. The Company guarantees new trailers and van conversions against any defects in design, workmanship, construction or materials for a period of twelve months and catering equipment/refrigeration for six months from date of purchase. The Company guarantees refurbished trailers/vans against workmanship or materials for a period of three months and new catering equipment/refrigeration 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 Harlow, Essex or other locations where the business may operate. 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 shall not be liable for any alleged loss of earnings or fees paid by the Buyer due to the defect or whilst the Goods are being repaired or replaced by the Company or another manufacturer. The guarantee/warranty is not transferable to subsequent owners.
13. The Company will free of charge to the Buyer carry out such service maintenance on the Goods as the Company shall in its absolute discretion deem necessary for twelve months from the date of completion/collection, or three months in the case of refurbished trailers/vans, provided always that the Buyer shall return the Goods at the Buyers own expense to the Company at its premises in Harlow, Essex or other locations where the business may operate. Any replaced parts/items are covered for the unexpired period of the initial warranty.
14. These Guarantees shall not apply to:
(a) any defect in the opinion of the Company arising by reason of misuse, misapplication, wear and tear, neglect, accident, weather conditions or if the Buyer has allowed the goods to be tampered with, modified in any way or if the Buyer has appointed another supplier to rectify the work without our written authorisation;
(b) any defect not immediately notified to the Company;
(c) components not manufactured by Excel Trailers Ltd in which case the Buyer is entitled only to the extent that the Company is itself entitled to a guarantee provided by the manufacturer and this may involve the equipment and or the catering vehicle going to the manufacturers premises at the Buyers own expense. As an example of this, as glass is fragile in nature there are no guarantees/warranties provided on any items made out of glass.
TITLE AND RISK:
15. Property in the Goods shall remain in the Company until the Buyer has paid all monies owned to the Company in full. If any payment is overdue the company may (without prejudice to any of its other rights and remedies) recover, resell the Goods and the Buyer hereby irrevocably authorise the Company and its agents or servants to enter upon the buyers premises at any time for that purpose.
16. Not withstanding condition fifteen above all risk in respect of the Goods shall be assumed by the Buyer upon delivery to them.
17. It is the Buyers obligation to inspect the Goods at the time of collection. Any claim in respect of
defective workmanship, parts or otherwise shall be made to the Company or their agents noting the
delivery receipt particulars of the loss, damage or defect and by giving notice in writing to the Company
within seven days of the date of delivery. No claim will be entertained by the Company outside this
specified time limit.
18. 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 relevant 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.
19. The Company does not accept liability for any statements made whether written or incorporated into sales and technical literature during the course of negotiations.
20. Photographs, drawings, specifications or other such literature of your Goods remains the property of the Company and these maybe used by the Company for advertising and publicity purposes.
21. Any particulars of weights, measurements, power performance given in advertisements, brochures, catalogues, in correspondence or verbally although given in good faith must always be taken as approximate only and not in any way as a guarantee. If the Company will be spray painting/vehicle wrapping the whole of your catering vehicle, the whole vehicle normally excludes the roof and gas box unless you have specifically requested and paid for these items to be painted/wrapped, in this situation the Company will confirm acceptance of your request in writing. It is the buyers responsibility to ensure that any special requests has been received and accepted.
22. 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 may seem reasonably fit and the Company shall not be liable for breach of contract.
23. These terms and conditions shall be governed and construed and take effect in accordance with the laws of England & Wales.