These conditions apply when you are purchasing Goods from us as a Consumer.
PLEASE NOTE THAT THESE CONDITIONS CONTAIN TERMS WHICH EXCLUDE OR LIMIT OUR LIABILITY TO YOU.
In these terms and conditions the following terms have the following meanings: “Associate” means, in relation to us, any company that is our holding company, subsidiary or a subsidiary of our holding company and the expressions “subsidiary” and “holding company” shall have the same meaning as in Sections 736 and 736A of the Companies Act 1985 (as amended from time to time); “Conditions” means these terms and conditions; “Consumer” means any natural person who purchases Goods other than in the course of his or her business, trade or profession or for use in his or her business, trade or profession; “Contract” means any contract for the sale by us and purchase by you of Goods; “Delivery” means delivery of the Goods to you or, as the case may be, the Goods being ready for collection by you, and “Deliver” should be interpreted accordingly; “Goods” means any goods to be sold and supplied by us to you; “Price” means all sums payable by you to us for the Goods; “us”, “our” or “we” refers to the seller of Goods under a Contract which may be either Tyrone Snell Trailers or any of its Associates as named or identified in any acceptance of your order; and “you” or “your” means the customer buying the Goods from us.
Cancellation of an order for a bespoke trailer will forfeit any deposit paid in advance.
3.1 The Price is exclusive of VAT which is payable by you in addition to the Price
3.2 If you pay by credit or debit card we are entitled to charge an additional amount to cover the charges we will incur.
3.3 Except where payment is made by you at the time of entering into a Contract, you will pay us for the Goods in accordance with any terms we have notified to you before the Contract is made. If we have not provided you with any such notification, the Price will be payable on Delivery.
3.4 Either you or we (as appropriate) will have the right to charge the other interest on any overdue amounts from the date payment falls due until the day immediately prior to the date payment is made (whether before or after judgment) at the rate of 4% above the base lending rate of HSBC Bank plc from time to time. Such interest will accrue on a daily basis and be compounded annually.
3.5 If you fail to pay the Price on the date on which payment becomes due we will be entitled (without prejudice to any other right or remedy we may have) to suspend any further Delivery to you under the same or any other Contract until actual payment is made in full.
4.1 If we deliver the Goods to you we will charge you for the cost of delivery in addition to the Price and in accordance with our published terms for such costs in force at the time the Contract is made.
4.2 We will use our reasonable endeavours to Deliver the Goods on the date agreed between you and us or, if no date is agreed, within a reasonable time. However, our obligation to Deliver the Goods to you is suspended for such period of time during which we are prevented, hindered or delayed in doing so due to unforeseen events or circumstances beyond our reasonable control. When we are no longer prevented, hindered or delayed in making Delivery of any Goods to you then we will Deliver them to you as soon as reasonably possible.
4.3 If we delay Delivery of any Goods (either due to our fault or where our obligation to Deliver is suspended) for a period of 30 days or more then you are entitled by written notice to cancel the Contract in respect of those Goods affected by the delay. However, you may not cancel in respect of any Goods which we Deliver prior to your sending us such notice.
4.4 If the Contract requires you to collect the Goods, the risk of loss or damage to them passes to you on collection. If the Contract requires us to deliver the Goods to you, risk passes to you on handover of the Goods at the agreed delivery address.
5.1 The warranty set out below (the “Warranty”) is subject to and in addition to your statutory rights (in particular your rights as a Consumer under Part 5A of the Sale of Goods Act 1979) in respect of any failure of the Goods to comply with the Contract. For further information concerning your statutory rights in respect of such failure, contact your local authority Trading Standards Department or Citizens’ Advice Bureau.
5.2 The Warranty applies (i) only to Goods sold by us as new and (ii) in respect of any failure to comply with the Contract as at the date of Delivery and which is discovered within the warranty period referred to in the next Condition.
5.3 The warranty period is twelve (12) months commencing on the date of Delivery.
5.4 During the warranty period we are entitled and obliged (at our option) to do any of the following: refund all or any of the Price, repair or replace the Goods or any part of them (or procure such repair or replacement) to the extent that the Goods or part do not comply with the Contract as at the date of Delivery.
5.5 Any Goods or part supplied in replacement of or repair to such Goods or part are covered by the Warranty for 12 months from the date of such replacement or repair.
5.6 To take advantage of the Warranty you or any subsequent owner of the Goods in question must notify us at the address shown in the invoice promptly and in any event within fourteen (14) days of the relevant problem being discovered and permit us to inspect the Goods. If we do not receive notice of the problem within this timeframe then we will have no obligations under the Warranty in respect of that problem.
5.7 Following notification of such problem we will use our reasonable efforts to inspect and/or repair and/or replace the relevant Goods or part within a reasonable time. You must not arrange for a third party to carry out any repairs or work in relation to the particular problem without our consent except to the extent that we fail to carry out our obligations under this Warranty (and where you do so it must be on reasonable terms). If you do so (subject to the exception just mentioned) then we will have no further obligations under this Warranty in respect of the applicable problem.
Ownership of and title to the Goods passes to you only when we receive payment in full in cleared funds of the Price together with any VAT, delivery and other charges under the Contract.
If any of the Goods are faulty or damaged then you must notify us as soon as practicable after the fault or damage is discovered. Your notice must describe the fault or damage in question.
We will not be liable for any loss or damage caused by any breach of the Contract by us except to the extent that such loss or damage is a reasonably foreseeable consequence of the breach. What is foreseeable is determined at the time the Contract is entered into. However, this limitation on our liability does not apply to personal injury or death caused by our negligence or to fraudulent representations, acts or omissions.
No term of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to the Contract.
The Contract will be governed by and construed in accordance with the laws of England and Wales and you and we submit to the non-exclusive jurisdiction of the English and Welsh courts.