Terms and Conditions
In these conditions, unless the context requires otherwise:
1. Definitions
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 specified by the Seller when the goods are to be delivered;
1.4 Goods means the articles which the Buyer agrees to buy from the Seller;
1.5 Price means the price for the Goods excluding carriage, packing, insurance and VAT;
1.6 Seller means RE Motorsport Ltd
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 conclusive evidence of the Buyer's approval of and consent to the terms and conditions herein contained.
2.3 Acceptance of delivery of these Goods shall be deemed further 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. Orders
3.1 All orders should be made by the Buyer to the Seller at Unit B3 Handley Park, Elvington Industrial Estate, York Road, Elvington, York, North Yorkshire, YO41 4AR or to such other address as may be subsequently be notified by the Seller.
4. Price and Payment
4.1 The price shall be the price set out on the invoice. All prices are net ex works and, unless otherwise stated do not include carriage, insurance charges, taxes, imposts, VAT or any other similar charges.
4.2 Subject to paragraph 6, payment is due on the date on the invoice and the Seller reserves the right to require payment before collection or despatch of Goods
5. Interest on Invoices
5.1 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at the rate of 2% above Lloyds Bank plc base rate from time to time in force and shall accrue at such a rate after as well as before any judgement
6. Credit Accounts United Kingdom Buyers Only
6.1 Following a successful credit application by a Buyer to the Seller, payment becomes due 30 days from the date of invoice. Buyers who exceed these credit terms will have goods/services suspended and their account put under review at the discretion of the Seller. The Seller reserves the right to charge interest on the amount outstanding at the aforementioned rate of interest as stipulated in paragraph 5 until all amounts owed by the buyer over the 30 day time limit are paid in full.
7. Overseas Buyers
7.1 Payment shall, unless otherwise agreed, be by Bank transfer into the account of the Seller at such United Kingdom Bank as they shall nominate from time to time. Any and all Bank Charges incurred by this transaction to be paid in full by the Buyer. All Overseas Buyers accept that payment in full must be made by the aforementioned means before despatch of goods by the Seller to the Buyer.
8. Retention of Title
8.1 Ownership of the Goods shall not pass to the Buyer until they are fully paid for, but the risk in the goods shall be borne by the Buyer from the date of dispatch by the Seller or its agents to the Buyer. As such it shall be the responsibility of the buyer to insure the goods for their full re-instatement value from the date of dispatch by the seller.
8.2 In the event of the Buyer defaulting on payment for any reason including bankruptcy or insolvency the Buyer hereby authorises the Seller to enter the Buyer's property where the Goods are stored and remove all Goods supplied by the Seller up to the value of the debt. In this case, the Seller shall give credit to the Buyer for all Goods repossessed.
8.3 The Seller shall be entitled to repossess Goods in the manner detailed in the aforementioned paragraph and also if it shall serve a Notice in writing upon the Buyer to pay within seven days the full price of the Goods, and if in these circumstances the Buyer refuses and/or fails to pay. In the circumstances the Seller gives to the Buyer the right to enter upon its premises for the purpose of removing such goods up to the value of the debt.
8.5 The quantity and description of the Goods shall be as set out in the Seller's quotation or invoice.
Copyright © RE Motorsport 2009