TERMS & CONDITIONS

TERMS & CONDITIONS

THE VENDOR ACCEPTS THE ORDER OF THE PURCHASER ONLY ON THE EXPRESS CONDITION THAT THE PURCHASER AGREES TO THE TERMS & CONDITIONS CONTAINED HEREUNDER AND THE ACCEPTANCE AND RECEIPT OF THE GOODS DELIVERED AS PROVIDED HEREUNDER SHALL CONSTITUTE SUCH AGREEMENT TO THESE TERMS & CONDITIONS.

GENERAL CONDITIONS

THE VENDOR SHALL SELL AND THE PURCHASER SHALL PURCHASE THE GOODS SUBJECT TO THESE CONDITIONS, WHICH SHALL GOVERN THE CONTRACT.
THE PURCHASER ACKNOWLEDGES THAT THE PURCHASER IS NOT RELYING ON THE SKILL AND JUDGMENT OF THE VENDOR IN PURCHASING THE GOODS AND THAT THE VENDOR SHALL NOT BE LIABLE FOR ANY INCOMPATIBILITY OF THE GOODS FOR THE INTENDED PURPOSE OF THE PURCHASER.
The Purchaser acknowledges that the employees and/or the agents of the Vendor are not authorised to make any representations and/or promises of whatsoever nature with regard to the Goods and that the Purchaser is not relying on any such representations or promises in purchasing Goods from the Vendor other than the representations expressly made in writing by the Vendor.
Any clerical or other error or omission in any documentation of the Vendor including but not limited to quotations, prices, acceptance of offer, invoices or information issued by the Vendor shall not be binding on the Vendor and shall be subject to correction without any liability on the part of the Vendor.
The Vendor shall reserve the right to refuse the sale of Goods to the Purchaser without prior explanation.
These Terms & Conditions may be amended, modified and/or revised by the Vendor at any time without notice to the Purchaser and the Purchaser shall be expected to appraise itself by examining whether any updates have been made to the Terms & Conditions before the Purchaser continues to Order and purchase Goods from the Vendor.
The Terms of Use of the website of the Vendor shall also be mutatis mutandis applicable to these Terms & Conditions.

ORDERS

The Purchaser may send purchase orders to the Vendor or purchase Goods from the website of the Vendor. No purchase order submitted by the Purchaser shall be deemed to be accepted by the Vendor unless and until confirmed by an authorised representative of the Vendor in writing or via the website of the Vendor. Any purchaser initiated by the Purchaser through the website of the Vendor shall be subject to availability
The quantity, quality and description of any specification for the Goods shall be those set out in the quotation of the Vendor or in the website of the Vendor.
The Vendor reserves its right to change and/or modify and/or alter the specification of the Goods, which do not materially affect the quality of the performance of the Goods, in order to ensure conformity with any applicable statutory or European Commission requirements.
The Purchaser shall not be entitled to cancel any Order which has been accepted by the Vendor provided that the Purchaser shall be entitled to cancel any Order with the consent of the Vendor obtained in writing. In the event of such cancellation the Purchaser shall indemnify the Vendor in full against all loss, damages, costs, charges and other expenses incurred by the Vendor in the pursuit of servicing the Order of the Purchaser and/or as a result of cancellation.

DELIVERY

Delivery of the Goods shall be made by the Vendor delivering Goods to an address provided by the Purchaser and agreed upon by the Vendor. If the Vendor has agreed that the Purchaser can collect the Goods at the premises of the Vendor then the Purchaser may do so at any time after the Vendor has notified the Purchaser that the Goods are ready for collection
In the event of the Vendor agreeing to deliver the Goods, the Vendor shall take all reasonable steps to ensure that the Goods are delivered on the date/dates agreed between the parties. The Goods may be delivered by the Vendor in advance of the quoted delivery date upon giving reasonable notice to the Purchaser.
Notwithstanding anything to the contrary contained herein the Vendor shall not be liable for any delay in delivery of the Goods however caused.
Where the Goods are to be delivered in several portions each delivery shall constitute a separate contract and failure by the Vendor to deliver any one or more of the portions in accordance with these Conditions shall not entitle the Purchaser the right to repudiate the contracts with regard to other portions
If the Vendor fails to deliver the Goods or any portion thereof for a reason other than any reason beyond the control of the Vendor or due to a fault on the part of the Purchaser; the Vendor shall be liable to indemnify the Purchaser, provided that the liability of the Vendor and the Purchaser’s right for indemnity shall be limited to the price of the undelivered Goods.
In the event of the Purchaser failing to take delivery of the Goods or failing to give the Vendor adequate delivery instructions at the time stated for delivery the Vendor may in its discretion and without prejudice to any other right or remedy available to the Vendor:
store the Goods until actual delivery and charge the Purchaser for the reasonable cost of storage including any cost of insurance, and/or
sell the Goods at the best price readily obtainable and credit to the Purchaser the balance sales proceeds after deducting the payment for the said Goods under Contract or charge the Purchaser for any shortfall if the sales proceed does not satisfy the payment due for the said Goods under the Contract.
The Purchaser shall be obliged to inspect the Goods upon delivery and confirm that the Goods delivered correspond to the Order placed by the Purchaser. In the event of there being any shortages and/or any other form of non-conformity with the Order the Purchaser must inform the same to the representative of the Vendor who delivers the Goods and inform the same to the Vendor in writing within 2 days of from the date of delivery. If no claim has been made within two (2) days from the date of delivery, the delivery is considered to have been accepted by the Purchaser and the Purchaser shall thereafter be disentitled from claiming that there were shortages and/or non-conformity with the Order or rejecting the Goods.

FITTING

Fitting of the Goods sold to the Purchaser may be arranged by the Vendor through a third party commissioned by the Vendor on behalf of the Purchaser at an address provided by the Purchaser and agreed upon by the Vendor.
The Vendor shall not be considered as the fitter of the Goods. The Fitting will be covered by the fitters standard terms of warranty which can be requested by the Purchaser from the fitters.
The Purchaser shall be entitled to the benefit of any warranty or guarantee as is given by the fitter to the Vendor, ensuring workmanship shall be free from defect for a period specified by the fitter.
Any time or dates quoted for the fitting of the Goods are approximate only and the Vendor shall not be liable for any delay in fitting of the Goods however caused. The Goods may be fitted by the Vendor in advance of the quoted fitting date upon giving reasonable notice to the Purchaser.
Where the Goods are to be fitted in instalments each fitting job shall constitute a separate Contract and failure by the Vendor to fit any one or more of the instalments in accordance with these Conditions or any claim by the Purchaser in respect of any one or more instalments shall not entitle the Purchaser to treat the Contracts relating to fitting other instalments as repudiated.
In the event of the Vendor failing to fit the Goods or any instalment of the Goods for any reason other than any cause beyond the reasonable control of the Vendor or the fault of the Purchaser the Vendor shall be liable to indemnify the Purchaser. Provided the liability of the Purchaser shall be limited to the price charged by the Seller for fitting the unfitted Goods.
The presence of the Purchaser or an authorized representative of the Purchaser at the site of the fitting shall be mandatory and the failure on the part of the Purchaser to be present on site at the time of fitting or have an authorized representative present at the site of fitting shall entitle the Vendor to postpone the fitting and charge the Purchaser a failed callout fee+ vat.
In the event of the Vendor not being able to carry out the fitting due to the Purchaser having given erroneous specifications or due to the Purchaser having ordered the wrong quantity or size of Goods or due to any other fault or reason attributable to the Purchaser; the Purchaser shall be liable for a failed callout fee + vat.

RISK AND PROPERTY

Risk of damage to or loss of the Goods shall pass to the Purchaser: (i) in the case of the Purchaser agreeing to collect the Goods from the premises of the Vendor; from the moment the Vendor informs the Purchaser that the Goods are available for collection, and (ii) in any other case; at the time the Goods are delivered.
In the event of the Purchaser wrongfully refusing to accept the delivery of the Goods for whatsoever reason the risk of damage or loss to the Goods shall pass to the Purchaser the moment the Goods arrive at the delivery address.
Notwithstanding anything to the contrary contained herein the property in the Goods shall not pass to the Purchaser until all payments due to the Vendor has been settled in full by the Purchaser.
Until such time as the property in the Goods passes to the Purchaser the Vendor shall be entitled at any time to require the Purchaser to deliver up the Goods to the Vendor and, if the Purchaser fails to do so forthwith, the Vendor shall be entitled to enter upon any premises of the Purchaser or any third party where the Goods are stored and repossess the Goods.
Until such time as the property in the Goods passes to the Purchaser, the Purchaser shall hold the Goods in the capacity of fiduciary agent and bailee of the Vendor and shall keep the Goods separate from those of the Purchaser and third parties so as to be clearly identifiable, properly stored, protected and insured and identified as the property of the Vendor.
Notwithstanding the property in the Goods remaining with the Vendor, the Purchaser may resell or use the Goods in the ordinary course of its business. Provided, however, where the Purchaser has sold the Goods pursuant to this condition the Purchaser shall forthwith account to the Vendor for the proceeds of sale, including any insurance proceeds, and shall keep all such proceeds separate from any monies or property of the Purchaser and third parties. Without prejudice to any other right or remedy available to the Vendor the Vendor shall be entitled to call upon the Purchaser to pay and to recover all sums due to the Vendor from the Purchaser from such sales proceeds.
The Purchaser shall not be entitled to pledge or in any way charge by way of security for any indebtedness or create any encumbrance of whatsoever nature on any of the Goods which remain the property of the Vendor but if the Purchaser does so all monies owing by the Purchaser to the Vendor shall, without prejudice to any other right or remedy available to the Vendor, forthwith become due and payable.

PRICE AND PAYMENT

The price of the Goods shall be the price quoted by the Vendor.
All prices quoted are exclusive of value added tax which shall be added to the invoice/statement and paid by the Purchaser.
In the event of the cost to the Vendor in supplying Goods to the Purchaser is increased due to any factor beyond the control of the Vendor including but not limited to any foreign exchange fluctuation, currency regulation, alteration of duties, increases in the cost of labour, materials or other costs of manufacture, any change in the costs related to shipping and any change in delivery dates, quantities or specifications for the Goods which is requested by the Purchaser, or any delay caused by any instructions of the Purchaser or failure on the part of the Purchaser when giving information or instructions to the Vendor, the Vendor shall be entitled to increase the price of the Goods to reflect such increase of cost, any time before the delivery of the Goods, by notifying the Purchaser.
Unless otherwise stated in any quotation or in any price list of the Vendor and agreed in writing between the Purchaser and the Vendor, all prices are on an ex-warehouse basis and where the Purchaser requires the Vendor to deliver the Goods the Purchaser shall be liable to pay for the delivery charges.
Unless otherwise agreed in writing with the Vendor the Purchaser shall pay the price of the Goods within 30 days of the date of the invoice and the Vendor shall be entitled to recover the price, notwithstanding that delivery may not have taken place and that property in the Goods is not passed to the Purchaser.
In the event of the Purchaser failing to make any payment, then without prejudice to any other right or remedy available to the Vendor, the Vendor shall be entitled to: (i) terminate the contract or suspend any further deliveries to the Purchaser and/or (ii) appropriate any monies paid by the Purchaser against any such overdue amount notwithstanding such monies being paid for any other Goods and/or (iii) charge the Purchaser interest on the amount unpaid at the rate of 5% per annum to be calculated monthly until payment in full and/or (iv) recover from the Purchaser all costs and expenses incurred in the collection of any overdue amount and/or (v) enjoy a lien over all Goods purchased by the Purchaser until the overdue amount is settled in full with interest.

RETURNS & REFUNDS

In the case of Mail Order and subject to Clause 7.2, within 30 days of the day of delivery of the Goods to the Purchaser, or before the arranged fitting date, the Purchaser shall be entitled to terminate the Contract, return the Goods and receive a full refund or where the goods have not been paid for, full credit, provided that the Goods have not been used in any way by the Purchaser and are in the same condition in which they were delivered to the Purchaser.
Subject to Clause 7.1, refunds to the Purchaser are entirely at the discretion of the Vendor. In the event that Vendor, in their sole discretion, grant a refund to a Purchaser, any costs incurred by Vendor in procuring that refund shall be borne by the Purchaser.
Notwithstanding anything to the contrary contained herein Orders which require the Vendor to procure or manufacture tailor-made Goods specifically for and on behalf of the Purchaser are non-returnable and non-refundable unless deemed faulty due to a mistake or omission on the part of the Vendor or the manufacturer. In the event of such Goods containing any defects the Purchaser is entitled to submit a warranty claim against the manufacturer of the goods.
In the event of the Vendor agreeing to refund the Purchaser under Clause 7.1 and 7.2 the Purchaser shall return the Goods to the Vendor at an address agreed in writing by the Vendor. In such an event the Purchaser shall be responsible for the costs of returning the Goods and shall indemnify the Vendor against all and any such costs if such costs were borne by the Vendor. If the Goods are collected by the Vendor, the Vendor retains the right to charge the Purchaser for any direct costs associated with the return of the Goods. No additional restocking charge or administrational charge will be added in accordance with the Consumer Contracts Regulations.
The Vendor may be contacted for an accurate cost on returning goods as costs may vary depending on tyre specification and location.

WARRANTIES AND LIABILITY

The Purchaser acknowledges that the Vendor is not the manufacturer of the Goods. The Goods supplied by the Vendor will be under standard terms of warranty of the manufacturer which can be viewed on the website of the manufacturer or be requested from the Vendor.
Subject to the conditions set out below, the Purchaser shall be entitled to the benefit of any warranty or guarantee as is given by the manufacturer to the Vendor, ensuring goods will be free from defects in material and workmanship for a period specified by the manufacturer.
The above warranty is given by the Vendor subject to the following conditions:
the Vendor shall be under no liability in respect of any defect in the Goods arising from any specifications supplied by the Purchaser.
the Vendor shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the instructions of the Vendor and the manufacturer, misuse or alteration or repair of the Goods without the written approval of the Vendor including without limitation:- (i) if any modifications have been made to the tyre, (ii) if a specified tyre inflation pressure, tyre loading and maximum speed limit was not observed, (iii) if an inappropriate or damaged wheel disk was used, (iv) if inappropriate air tubes or flaps were used, (v) if the tyre was damaged during assembly, (v) if the tyre was used for any purpose other than for the purpose it was designed, (vi) in the event of uneven wear caused by ill technical conditions of the vehicle, (vii) if dual-assembly tyres contact each other during operation on rethreaded or otherwise repaired tyres, (viii) if the tyres were filled with material(s) other than air, without the consent of the Vendor and the manufacturer, (ix) if the tyres were damaged by any oil-based substance or that of other chemical fires (x) or if the tyres were damaged by a force majeure event.
the Vendor or the manufacturer shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price of the Goods has not been paid by the due date for payment.
the above warranty does not extend to parts, materials or equipment not supplied by the Vendor in respect of which the Purchaser shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer.
In the event of there being a cosmetic defect on a tyre, the Purchaser is obliged to submit a photograph of the tyre clearly identifying the defect within a reasonable time after discovering the cosmetic defect. Cosmetic defects shall be rectified on mutual agreement by way of a repair to the tyre or by replacing the tyre or by a credit note or refund.
Unless expressly provided hereunder and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1966) all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
Any claim by the Purchaser which is based on any defect in the quality or condition of the Goods or the failure to correspond with the specifications shall be notified to the Vendor in writing within two (2) working days from the date of delivery or where the defect or failure was not apparent on reasonable inspection within a reasonable time, within the period of warranty offered by the manufacturer, after the discovery of the defect or failure. If delivery is not refused and the Purchaser does not notify the Vendor accordingly the Purchaser shall not be entitled to reject the Goods and the Vendor shall have no liability for such defect or failure and the Purchaser shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
Where any valid claim in respect of any of the goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Vendor in accordance with these conditions the Vendor shall be entitled to replace the Goods (or the part in question) free of charge or, at the sole discretion of the Vendor, refund to the Purchaser the price of the Goods (or a proportionate part of the price) but the Vendor shall have no further liability to the Purchaser.
The Vendor shall not be liable to the Purchaser by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage; whether for loss of profits or otherwise, costs, expenses or any other claims for compensation whatsoever whether caused by the negligence of the Vendor, it’s employees or agents or otherwise which arise out of or in connection with the supply of the Goods or their use or resale by the Purchaser and the entire liability of the Vendor under or in connection with the Contract shall not exceed the price of the Goods for the specific Order in the performance of which the loss or damage was suffered by the Purchaser.
The Vendor shall not be liable to the Purchaser or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the obligations of the Vendor in relation to the Goods, if the delay or failure was due to any cause beyond the reasonable control of the Vendor. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond the reasonable control of the Vendor: (i) act of god, explosion, flood, tempest, fire or accident or any other force majeure event, (ii) war or threat of war, sabotage, insurrections, civil disturbance or requisition, (iii) acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, (iv) import or export regulations or embargoes, (v) strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Vendor or other third party), (vi) difficulties in obtaining raw materials, labour, fuel, parts or machinery, (vii) power failure or breakdown in machinery.
Notwithstanding anything to the contrary contained herein the Vendor shall not be liable for any loss or damage of whatsoever nature either direct or indirect, special or consequential, loss of profits or otherwise, costs, expenses or any other claims for compensation whatsoever suffered by the Purchaser in placing Orders with the Vendor or by the use of the Goods if such loss or damage of whatsoever nature either direct or indirect, special or consequential, loss of profits or otherwise, costs, expenses or any other claims for compensation whatsoever is attributable to any action, omission, negligence of fault on the part of the Purchaser.
Notwithstanding anything to the contrary contained herein any liability on the part of the Vendor shall in any event be limited to the payments made by the Purchaser with regard to the specific Order the performance of which has resulted in the liability.