Terms and Conditions of Sale
1. In these conditions the Company means Redstone (Tyres) Ltd or any subsidiary company or any agent authorised by them and the Purchaser means the person or persons firm or company purchasing from or doing business with the company.
2. REDSTONE (TYRES) LTD only transact business subject to the following conditions. No purchaser’s conditions shall override these. All conditions to which these terms and conditions form part shall be construed and interpreted in accordance with English law. These conditions of sale should be read in conjunction with any special conditions included in the Company’s quotations.
3. The Company reserves the right to accept or refuse any order given on the basis of its quotation and in the event of the refusal of any order no damages or expenses of any kind shall be payable by the company.
4. The Company shall in no event be liable for any inaccuracy or misdescription of the goods or for any loss or damage either direct or consequential flowing therefrom or from any other cause whatever including any defect whatsoever in the goods notwithstanding any written or oral representations, warranty or conditions which the Company or their representative or agent may have made or given, prior to or in the course or making or purporting to be part of the agreement for sale from which are also excluded all implied warranties and conditions. The Company shall in no event be liable for any fundamental breach of the agreement for sale.
5. In purchasing goods from the Company on these terms and conditions the purchaser is deemed to acknowledge that they do not rely on the skill or judgement of the company or of its employees or agents as to matters connected with these goods. These terms and conditions apply to all purchases made or contracts established with the Company.
6. No claim whatsoever can be accepted for any incorrect fitment/application or conversion. Actual details must be checked by and remain the responsibility of the fitting agent. The purchaser must ensure that all measurements given and specifications provided are correct at the time of ordering.
7. The purchaser shall be responsible for providing any guard or protection necessary to comply with any statutory requirements in connection with the operations of equipment or machinery.
8. Catalogues, price lists and any other promotional literature or material as used by the Company are intended only as indications as to price and range of goods ordered. No prices, descriptions or other particulars contained therein shall be binding on the Company.
9. Any price quoted by the Company or shown in the current price lists is subject to revision by the Company at any time up to the date of delivery.
10. Any time or date for delivery agreed is an estimate only unless otherwise agreed between the Company and the purchaser in writing. The failure by the Company for any cause whatsoever to meet the estimated delivery date shall not entitle the purchaser to reject goods when they are delivered and the Company shall not be liable to make good any damage or loss arising directly or indirectly out of such delay.
11. The risk of damage or loss to the goods shall pass to the purchaser when the goods are delivered, at the time of delivery.
12. Notice by the purchaser of intent to return goods for whatever reason will not be accepted by the Company unless received in writing within 14 days of delivery.
13. Goods supplied in accordance with the contract cannot be returned without the Company’s prior written authorisation. The goods may then be subject to a handling charge of 15% of the value of the goods. Duly authorised returns shall then be sent to the Company’s premises at the purchaser’s expense. All items must be in re-saleable condition and in original packs, items not in re-saleable condition will not be accepted for return.
14. All goods supplied remain the property of the Company until all invoices are paid in full by the purchaser and any cheques cleared but shall be at the risk of the purchaser as from the date of delivery. Until such time as the property in the goods passes to the purchaser, the purchaser shall hold the goods as the Company’s fiduciary agent and bailee. The Company retains the right, until such time as the property in the goods passes to the purchaser, to require the purchaser to deliver up the goods to the Company and if the purchaser fails to do so, to enter the premises of the purchaser to repossess the goods.
15. If payment is delayed beyond the agreed terms the Company reserve the right to charge interest on the outstanding balance at a rate of 5% above the base rate of Barclays Bank plc.