Terms and Conditions
1.1 “Buyer” means the person who buys or agrees to buy the goods from the Seller.
1.2 “Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.3 “Delivery Date” means the date set out in this document or if the goods are to be delivered by the Seller the date specified by the Seller for each delivery to take place.
1.4 “Goods” means the articles which the buyer agrees to buy from the Seller
1.5 “Sale” means Yorkshire Van Breakers Ltd of Hutson Street, Bradford BD5 7LY.
2 CONDITIONS APPLICABLE
2.1 These conditions shall apply to all Contracts for the sale of goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms and conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document.
2.2 All orders for goods shall be deemed to be an offer by the Buyer to purchase goods pursuant to these conditions.
2.3 Acceptance of delivery of the goods shall be deemed conclusive evidence of the buyer’s acceptance of these conditions.
2.4 Any variation to these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3 THE PRICE AND PAYMENT
3.1 The price and delivery charge (if applicable) shall be the price and delivery charge set out overleaf. The price and delivery charge are exclusive of V.A.T. which shall be at the rate ruling on the date of the Sellers invoice.
3.2 Payment of the price and V.A.T. shall be due upon the delivery of the goods. Time for payment shall be of the essence.
3.3 Interest on overdue invoices shall accrue from the date when the payment becomes due from day-to-day until the date of payment at a rate 4% above, the base rate of Barclays Bank Plc, from time to time in force and shall accrue at such a rate after as well as before any judgment.
4 THE GOODS
All goods are second hand parts. The seller endeavours to purchase only late models with moderate mileage but all vehicles from which parts have been taken are the result of insurance claims and are therefore accident damaged as a result of which vehicles and parts cannot be test run.
5 DELIVERY OF THE GOODS
Except where delivery of the goods has been made to the Buyer at the Seller’s premises the goods shall be delivered to the Buyer’s address on the delivery date. The Buyer shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.
6 ACCEPTANCE OF THE GOODS
6.1 The Buyer has had a reasonable opportunity to inspect the goods. Nevertheless the Buyer shall have a fourteen day fitting period to allow sufficient time to fit the goods and test the goods to ensure that the goods are reasonably serviceable having regard to the fact that the goods are second hand and not brand new. In the event of that the Buyer considers that the goods are not reasonably serviceable the Buyer must notify the Seller at the earliest possible opportunity (preferably by telephone) and must be prepared to return the goods to the Seller. If the goods cannot be rectified so as to make the goods reasonable serviceable the goods will be exchange within fourteen days from the date of delivery.
6.2 In the event of the Seller supplying the wrong goods as a result of the Seller’s error the Seller will exchange the same.
6.3 If an exchange is required under these Conditions of Sale but no exchange is available then the Seller will instead make a refund of the price and V.A.T.
6.4 No exchange or refund will be given in respect of goods in serviceable condition which have been correctly supplied by the Seller to the Buyer’s order.
6.5 In the event of exchange goods or a subsequent exchange goods being supplied to the Buyer the buyer will be responsible for all labour, delivery and other costs which may be incurred and no payment or allowance will be made by the Seller in respect of such costs.
6.6 After the expiry of the fourteen day period in respect of the goods the Buyer shall be deemed to have accepted the same.
6.7 After the acceptance the Buyer shall not be entitled to reject the goods.
6.8 In the event of any unauthorised stripping or hampering of parts supplied, the warranty becomes invalid.
7 TITLE AND RISK
7.1 The goods shall be at the Buyer’s risk as from delivery.
7.2 In spite of delivery having been made property in the goods shall not pass from the Seller until:
7.21 the Buyer shall have paid the price plus V.A.T. in full and
7.22 no other sums whatever shall be due from the Buyer to the Seller
7.23 until property in the goods passes to the Buyer in accordance with Clause 7.22 the Buyer shall hold the goods and each of them on a fiduciary basis as a ballee for the Seller. The buyer shall store the goods (at no cost to the Seller) separately from all other goods in the possession and marked in such a way that they are clearly identified as the Seller’s property.
7.24 not withstanding that the goods (or any of them) remain the property of the Seller the buyer may sell or use the goods in the ordinary course of the Buyer’s business at full market value for the account of the Seller. Any such sale or dealing shall be the sale or use of the Seller’s property by the Buyer on the buyer’s own behalf and the Buyer shall deal as principal when making such sales or dealings. Until property in the goods passes from the Seller the entire proceeds of sale or otherwise of the goods shall be held in trust for the Seller and shall not be marked with other money or paid into any overdrawn bank account and shall be at all material times identified as the Seller’s money.
7.25 the Seller shall be entitled to recover the price plus V.A.T. not withstanding that the property in any of the goods has not passed from the Seller.
7.26 until such times as property in the goods passes from the Seller the Buyer shall upon request deliver up such of the goods as have not ceased to be in debtance or re-sold to the Seller. If the Buyer fails to do so the Seller may enter upon any premises owned, occupied or controlled by the Buyer where the goods are situated and repossess the goods. On the making of such request the rights of the Buyer under Clause 7.24 shall cease.
7.27 the buyer shall not pledge or in any way change by way of security of any indebtedness any of the goods which are the property of the Seller. Without prejudice to the other rights of the Seller if the buyer does so all sums whatever owning by the Buyer to the Seller shall forthwith become due and payable.
7.28 the Buyer shall insure and keep insured the goods to the full price against all risks to the reasonable satisfaction of the Seller until the date that property in the goods passes from the Seller, and shall whenever requested by the Seller produce a copy of the policy of insurance. Without prejudice to the other rights of the Seller, if the buyer fails to do so all sums whatever owning by the Buyer to the Seller shall forthwith become due and payable.
7.29 the Buyer shall promptly deliver the prescribed and particulars of this Contract to the Registrar in accordance with the Companies Act 1985 Part XI as arranged. Without prejudice to the other rights of the Seller, if the Buyer fails to do so all sums whatever owning by the Buyer to the Seller shall forthwith become due and payable.
8 PROPER LAW OF CONTRACT
This Contract is subject to the Law of England and Wales.