1 Definitions
Any reference to Company/Seller shall mean Graham Goode Motors
Ltd Lutterworth Road Aylestone Leicester LE2 8PH United Kingdom (Registered
Office) who sell or supply specialist motor equipment and accessories
in the course of their trade or business.
Buyer/Purchaser shall mean any person, sole trader, partnership, business,
body corporate or other entity detailed in the appropriate section of
the sales invoice/order form and shall include all successors, heirs
and assigns. Where the Buyer purchases in the course of a trade, profession,
vocation, hobby or sport (where the buyer is a specialist or enthusiast),
it is agreed that such a buyer shall mean a trade buyer. Where a person
deals entirely as a consumer, statutory rights shall remain unaffected.
Where the term buyer appears within these terms it shall mean both trade
and consumer buyer/purchaser unless specified as relating to a trade
buyer or consumer buyer individually.
Goods or equipment shall mean the items detailed in the appropriate
section of the sales/order form and it shall be a core term of this
agreement that all ancillary items are additional to this agreement
unless specifically detailed within the sales invoice/order form.
Price shall mean the consideration due for purchase and shall exclude
VAT unless otherwise stated. Purchasers should note that prices quoted
may vary during the currency of brochures (upwards or downwards) and
current prices are quoted at the time of order. In respect of orders
placed via the Internet, these shall not be accepted by us until confirmed
2 General
"Working day" shall mean any day excluding Saturdays, Sundays
and public holidays.
These conditions shall apply to all of the company's quotations and
contracts, orders (including telephone orders) for the sale or supply
of goods accepted by the company. For the trade buyer, any other terms
or representations, whether implied by statute, made prior to, collateral
with or subsequent to the contract or order are hereby excluded and
shall not be binding upon the company. For the consumer purchaser, representations
shall only be binding upon the company if confirmed in writing by the
company.
Brochure descriptions, Web Site information and samples on display
are indicative only and any specifications, weights, measurements and
technical data (whether relating to performance or otherwise) have been
prepared by manufacturers and are for guidance only and shall not form
a description within the meaning of the Sale of Goods Act (as amended).
Buyers are therefore required to check current specification, colours,
weights and measurements with manufacturers, prior to order, as no liability
shall be accepted by this company for any claim arising therefrom. Manufacturers
also reserve the right to amend specifications, without notice, in order
to improve products or where amendment becomes necessary.
The company reserves the right to amend technical or clerical errors
in any order without notice. In addition, the buyer shall ensure that
all details contained within the order are correct and no liability
for any error or inaccuracy shall lie with the company unless notified
of such error within five days of receipt of any document containing
the said error.
3 Guarantee
All guarantees for products are provided entirely by the manufacturers/UK
importers and are subject to terms contained therein. Purchasers are
reminded to complete all warranty cards/documents upon receipt of goods
where appropriate.
All parts (products) marked with an asterix(*) are 'Competition Derived' and come with a 12 month repair guarantee.
4 Limitations Upon Liability
Advice given by agents or servants of this company during telephone/Internet
orders is based entirely upon information given by the purchaser with
no inspection undertaken. No liability can therefore be accepted by
the company for incorrect advice given and all such advice should be
checked by the purchaser prior to order. Where advice is given after
visual inspection by agents or servants of this company, such advice
shall amount to an opinion only and the company shall not accept liability
for any inaccuracies. Additionally, goods supplied are supplied only
to correspond to the purpose for which goods of that kind are commonly
supplied and not alternative uses to which they may be put. No liability
for failure can be accepted by this company for such alternative use,
amendment or modification.
For trade buyers, the company is hereby excluded from any liability,
howsoever arising, in respect of any express or implied condition, warranty
or term, statement, representation whether statutory or otherwise, relating
to the goods supplied. The trade buyer accepts that he is best placed
to insure against losses which arise by virtue of any breach of this
agreement and warrants that he carries adequate insurance in this respect.
Compatibility of goods is not guaranteed where modifications or alterations
have been made to vehicles and the company shall, in such circumstances,
and entirely at its discretion, issue a refund or credit to the purchaser
except where goods are specifically ordered for the purchaser where
no such refund or credit will operate.
Where goods purchased by the buyer are alleged to be defective, the
purchaser agrees to return such goods to the seller for inspection and
report (without the seller replacing the said goods prior to such inspection).
The purchaser further confirms that it shall be reasonable for the seller
to inspect, repair or replace (at its option) such defective goods and
allow manufacturers to undertake inspections so as to allow production
methods to be modified. The purchaser also accepts that it is reasonable
to inform the seller of any interruption, defect or other failure prior
to contacting independent third parties or incurring expense and, in
addition, to allow the seller to remedy the defect, failure or interruption.
Parts modified or adapted by the purchaser shall no longer be warranted
by the manufacturer nor shall the company be liable for any failures
resulting subsequent to modification.
Competition goods are supplied for specialist use and are subject to
extreme heat and stress whilst in use. Life expectancy and durability
are greatly reduced and purchasers should note that any claim for failure/wear
shall not be entertained by the company and it is agreed that such use
shall be a relevant circumstance for the Sale of Goods Act 1979 (as
amended). In addition, parts connected to parts supplied by this company
may be placed under stress where specialist/competition parts are used,
and purchasers should take advice from experts prior to purchase. Manufacturers
may also limit guarantees when components are installed for competition
use.
Where goods are defective, incorrectly supplied, delayed or otherwise
in breach of the implied terms of the buyers statutory rights, all losses
which result from loss of competition points, awards, loss of entry
fees or other similar losses, are excluded and shall not be reclaimable
from the company. In addition, the company shall accept no liability
for death or personal injury unless caused directly by its own negligence.
No liability is accepted by the company where purchasers attempt to
modify or install components supplied where it is known or ought reasonably
to be known that the part supplied is incorrectly supplied, defective
or otherwise not in accordance with the order.
The company accepts no liability in respect of failure to supply or
other interruptions caused by matters beyond the reasonable control
of the company, including strikes, lockouts, civil disputes, acts of
God, war or actions by third parties.
Notwithstanding any other provisions of this Agreement, nothing in
this Agreement shall confer, nor is it intended to confer, a benefit
on any third party (for the purposes of the Contract (Rights of Third
Parties) Act 1999 or for any other purpose).
5 Payment Terms
Quotations are given on the assumption that no variation in the price
will be made by the manufacturer/sole importer and that Government levies
remain unaltered. In the event of such changes, the buyer shall be liable
for the full cost thereof without notice from the company. Buyers are
hereby informed that calling down of smaller quantities of material
than ordered may increase the overall price per unit, there being reduced
economies of scale in order. The resultant additional cost shall be
the buyers.
Unless otherwise stipulated within the sales invoice/order form, all
accounts are strictly net and payable with order or otherwise in accordance
with the terms of the trade buyer's credit account. Where default occurs
in payment by the trade buyer, default interest shall become payable
in accordance with the Late Payment of Commercial Debts (Interest) Act
1998 at the maximum rate permissible thereunder or in accordance with
the credit terms agreed or, where the buyer is a consumer, at 2% above
the base rate of the NatWest.
6 Title and Delivery
Title to the product shall not pass to the buyer until the company has
received payment in full. In the event that sums owing in respect of
other items ordered remain due, apportionment by this company shall
take place without prejudice to the right to retain title in respect
of all goods ordered.
Delivery times will be quoted at time of order. All times given for
despatch or delivery are approximate and time shall not be of the essence.
The buyer agrees to allow 30 days in any written notice making time
of the essence and further agrees to accept full liability in respect
of delayed or late delivery or dispatch. In respect of special order
goods, the buyer acknowledges that further delays may occur and allows
the company 45 days in any written notice. In any event, delivery times
are approximate and variable. When delivery is effected to the purchaser
directly or to an independent delivery contractor as agent for the purchaser,
risk shall pass to the buyer immediately.
The buyer is required to notify the company, in writing, of any shortage,
misdelivery or other discrepancy immediately, or at the latest within
five days of such failure, thereafter the buyer shall be liable for
any such discrepancy. Where delivery is effected to the buyers own delivery
contractor, loss or damage in transit claims should be made directly
to the carrier. The company will assist purchasers in making their claim.
Buyers should retain all packaging in the event of a claim or return
within the terms of this agreement.
7 Cancellation of Orders and Liability
A consumer buyer shall have the right to cancel any contract for goods
made in accordance with these Terms and Conditions within seven working
days of delivery of the goods. Special order goods shall not be returnable
under any circumstances. Cancellation of the contract can be effected
by service of the Cancellation Notice annexed to these Terms and Conditions
signed on behalf of the buyer and delivered either by fax to the number
printed on the Cancellation Notice or by first class post to the Company's
registered office.
If a Notice of Cancellation is received by the Company in accordance
with clause 24 the consumer buyer shall become liable to return the
goods to the Company forthwith, to such address as directed by the Company
in their original packaging (and without having been installed or used
and with all relevant seals and enclosures intact) and at the consumer
buyer's sole expense.
If the consumer buyer fails to return the goods in accordance with clause
25 within 7 days of the cancellation of the contract, the Company shall
be entitled to collect the goods from the consumer buyer and to recover
any costs involved in such collection from the consumer buyer.
The Company shall then effect a refund of any monies owing to the consumer
buyer in respect of the goods within 30 days from the date of cancellation
of the contract. Such a refund will be subject to any set off of monies
to which the Company is entitled under clause 26.
Goods delivered to the buyer (including a trade buyer) may be returned
to the Company in original packaging (and without being installed or
used and with all relevant seals and closures intact) for credit within
7 days of receipt by the buyer, subject to a restocking charge of not
less than 20% of the value of the order. Special order goods shall not
be returnable under any circumstances.
Without prejudice to the right of the consumer buyer to cancel under
clause 24 the buyer shall indemnify the company against all actions,
claims, demands, penalties and cost brought by or incurred by third
parties or this company in tort, contract, infringements of or alleged
infringements of patents or registered designs or otherwise arising
in connection with the goods or their delivery or unloading or with
work done by the company in accordance with the buyers specifications.
The buyer confirms that he shall comply with any or all rules relating
to installation of the product concerned and fully accepts that any
loss which results from forced, misdirected, inappropriate or unqualified
installation shall not be accepted by the company.
8 Jurisdiction
This agreement shall be interpreted in accordance with English Law and
industry custom and practice, and English courts shall have sole jurisdiction
in respect of any dispute arising therefrom. In respect of Internet
sales, jurisdiction or the agreement shall be with English Law and it
shall be deemed that any agreement is made in Leicester England, irrespective
of any rule of contract dictating otherwise
