The contract will be upon these Conditions which supersede all other terms and conditions.
If the Buyer places an order for delivery of Goods this shall be deemed to constitute unqualified acceptance of these Conditions.
TITLE IN PROPERTY
The property in the Goods shall remain with Convert Your Van ltd until the Buyer has paid to Convert Your Van ltd the Price of all Goods supplied and all other sums owed by the Buyer at any time to Convert Your Van ltd on any ground whatsoever.
The price payable shall be the price shown in the Convert Your Van ltd Price List (available on request) current at the date of acceptance of the Buyer’s order, subject to additional pre-agreed terms as notified to the Buyer in writing.
Prices are exclusive of freight, carriage and VAT.
All Prices may be subject to alteration without notice.
Special orders placed with Convert Your Van ltd may be subject to special prices which will be given at the time of order placement and will be deemed to be binding solely for that particular order.
Until payment in full has been received Convert Your Van reserves the right to withhold the Goods.
PASSING OF THE RISK
Risk in the Goods will pass to the Buyer upon delivery or if earlier when they are placed at the Buyer’s disposal. Convert Your Van Ltd shall be entitled to make delivery by instalments in which case each instalment shall be regarded as constituting a separate agreement to which these conditions apply.
Any date or period for delivery shall be considered as indicative only and not contractually binding upon Convert Your Van ltd. After the Buyer’s order is accepted and the Buyer’s payment has cleared we will endeavour to deliver within five working days.
If Convert Your Van Ltd are delayed in the performance of the contract by any act or default on the Buyer’s part, or any industrial dispute or any circumstance beyond our reasonable control then the Delivery Date shall be extended by such period as may be reasonable.
Orders forwarded through third-party carriers may be subject to an additional carriage charge at the prevailing rate at the time of despatch.
The Buyer must upon receipt inspect all Goods and inform the courier by marking the courier’s paperwork appropriately to indicate if there is any damage or problem with the goods on receipt. The Buyer must also inform Convert Your Van Ltd by telephone on the day of receipt (or by emailing Convert Your Van if the office is closed) if a claim for damage or loss in transit of the Goods is to be made. In respect of the Buyer’s obligations hereunder time shall be of the essence. In the event of non-delivery, the Buyer must give written notice to Convert Your Van Ltd immediately upon whichever shall be the earlier of receipt of our invoice or, where an estimated arrival time has been given, upon expiry of that time. NO CLAIMS WILL BE CONSIDERED AND NO LIABILITY ACCEPTED BY CONVERT YOUR VAN LTD UNLESS NOTIFICATION IS RECEIVED WITHIN THE TIME SPECIFIED UNLESS OTHERWISE REQUIRED BY LAW. THIS DOES NOT AFFECT THE BUYER’S STATUTORY RIGHTS.
Convert Your Van Ltd shall in no circumstances be liable to the Buyer by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law or under the express terms of the Agreement for any indirect or consequential loss or damage, including in particular, loss of anticipated profits, goodwill or reputation which arise out of or in connection with the supply of Goods or their use by the Buyer
At our sole discretion Convert Your Van Ltd may accept goods returned in a good and resaleable condition and in original packaging (repacked in the manner in which they were delivered to the Buyer) in which case a handling charge of 25% will be payable by the Buyer when the Goods are returned. The handling charge will be quoted as a percentage of the net invoice value of the Goods returned.
Convert Your Van Ltd shall as soon as is practicably possible notify the Buyer of any proposed improvements, modifications or changes to the components or material composition of the Goods.
The Goods are not tested or sold as fit for any particular purpose as this will vary according to the Buyer’s requirements and the Buyer must rely on the Buyer’s own skill and judgement and enquiries in deciding whether the Goods are fit for a particular purpose. The Buyer acknowledges that the Buyer is in the best position to make these decisions.
All samples, drawings, descriptive matter and advertising issued by Convert Your Van Ltd (or the manufacturer of the Goods) and any description or illustration contained in our catalogues or other literature are issued or published for the sole purpose of giving an approximate idea of the Goods represented by or described in them. They will not form part of the Contract and this is not a sale by sample.
Convert Your Van Ltd reserves the right where, in its reasonable opinion, a defect in Goods is (or maybe) covered by a manufacturer’s warranty to direct the Buyer to resolve any such claims directly with the manufacturer in accordance with the manufacturer’s warranty. To the extent that such defect is covered by the manufacturer’s warranty Convert Your Van Ltd will not be liable to the Buyer for any damages, costs, losses or other liabilities incurred by the Buyer in respect of such defect.
The Buyer is responsible for ensuring the Goods ordered are suitable for the purpose for which they were required.
LIMITATION OF LIABILITY
Neither party shall be liable to the other for any indirect or consequential loss or damage, loss of profit, loss of use or production or of contracts which the other may suffer arising out of any breach by a party of its obligations under the Contract and whether the same be due to negligence by that party or not.
Nothing in these conditions affects the Buyer’s statutory rights.
So far as such exclusion is permitted by English Law, any express or implied condition or warranty or term statutory or otherwise as to the quality, fitness, compliance with description, or sample of the whole or any part of the Goods, or replacement thereof, or as to the quality of any work or repair or replacement is hereby excluded.
HEALTH AND SAFETY
The Parties shall comply with all current Safety and Environmental legislation in the performance of this Contract.
The Buyer shall advise Convert Your Van ltd what safety requirements and obligations apply to the Buyer’s business and premises under Health and Safety legislation or regulations.
LPG goods are supplied on the condition that they will be fitted by a qualified LPG gas
Any goods are supplied on the condition that they are fitted by a qualified/competent person.
In all instances, the conditions stated herein override any separate terms and conditions stated by the Buyer.