EK Motor Factors Ltd.
Conditions of Sale
Unless otherwise agreed in writing, these Conditions constitute the only conditions upon which EK Motor Factors Ltd. ("the seller") is willing to supply goods or services specified by way of an invoice.
The seller shall have the right to vary prices without notice.
TERMS OF PAYMENT
Price(s) quoted are NET EX-WORKS unless otherwise stated and accounts are due for payment no later than the end of the month following the date of Invoice. Any additional discount, rebate or marketing allowance will be forfeited if the payment terms are not adhered to for any reason whatsoever. All prices are subject to the addition of the gross amount of Value Added Tax appropriate at the prevailing rate. If payment is in arrears, the Seller has the right to withhold any further deliveries and/or charge interest on all overdue balances.
PROPERTY AND RISK
Upon delivery of the goods to the Buyer (or a carrier, whichever is the earlier) the risk shall pass, but the Seller shall remain legal owner of them until such time as the Buyer shall have paid to the Seller the full price thereof and the full price of any other goods which shall be the subject of any other contract of sale between Buyer and Seller, and which shall have been delivered to the Buyer or a Carrier before such time. The Buyer acknowledges that unit such time he is in possession of goods as a Bailee for the Seller, and if so required shall store the goods separately from his own goods and in such a fashion as to be identifiable to the Seller.If the buyer shall re-sell any of the goods before such time, the Buyer shall until such time hold the purchase money thereof on trust for the Seller and place the same in a separate account.
All goods will be delivered EX-WORKS unless otherwise stated by the Seller, in which event:-
(a) The goods shall be delivered by such methods of transport as the Seller thinks fit,
(b) The Seller shall not accept any claims for damage, shortage, mis-delivery, non-delivery or loss in transit unless notice in writing reaches the Seller in 14 days,
(c) Cancellation of an order will incur carriage charges equal to that which the Seller is charged.
MINIMUM ORDER CHARGE
Owing to the high costs of despatch of small orders, the Seller reserves the right to impose a minimum order charge.
The Terms and Conditions for Warranty are those given by the Manufacturer of the product. Every description or specification is given in good faith based on information given by the manufacturer of the product.
Claims for defective goods must be in writing within 30 days and must provide proof of purchase and mileage including length of service. The Seller reserves the right to return defective goods to the manufacturer for testing and adjudication.
ERRORS AND OMISSIONS
The Seller reserves the right to correct any errors and omissions on invoices and other documents. But no liability for Customs Duty or otherwise arising out of any such errors or omissions will be accepted.
The Company shall not be liable for any costs, claims or damages or expenses arising out of any tortuous act or omission, or any breach of contract of statutory duty calculated by reference to profits, income, production or loss of such profits, income, production or accruals, or by reference to accrual of such costs, claims, damages or expenses on a time basis.
Goods supplied in accordance with the Contract cannot be returned without written permission of the Seller. Notification of return must be received by the Company within 14 days of receipt of the Goods. Duly authorised returns shall be sent to the Company's premises at the Buyer's expense, and any amount credited as a result of these returns will be at the lower of original invoice price or current price, and will incur a 15% handling charge.
No waiver by the Seller in respect of any breach shall operate as a waiver in respect of any subsequent breach.
This Contract shall be governed by the Laws of England as a contract made in England, and the Buyer hereby submits to the jurisdiction of the English Courts.