Page 219 - Stedall Parts Catalogue 14th Edition

TERMS & CONDITIONS

1. Scope 7. Goods
These Conditions shall apply to all sales of goods by the Company to the a. Not withstanding delivery and passing of risk in the Goods, or any other
exclusion of all other terms, conditions and warranties, whatever, and the provision of these terms, the property in the goods shall not pass to the Buyer
Company shall not be bound by any representations, guarantee or warranty until the Company has received in cash or cleared funds payment in full of the
made by its employees, agents or representatives. These conditions shall not be price of the goods and all other goods agreed to be sold by the Company to the
varied save by written agreement between the company and the Buyer. buyer for which payment is then due.
2. Delivery b. Until such time as the property in the Goods passes to the buyer (and provided
a. Dates given by the Company for delivery will be estimated only but will be the goods are still in existence and have not been resold), the Company may at
any time require the Buyer to deliver up the Goods to the Company and if the
maintained as closely as possible and the Company will not be responsible for Buyer fails to do so forthwith, enter on any premises of the Buyer or any third
any losses caused to the Buyer by late delivery. party where the goods are stored and repossess the goods.
b. Each delivery of goods in accordance with an order shall be deemed to 8. Force Majeure
constitute a separate contract to which these terms and conditions shall, so far
as is possible, apply and failure to make any delivery shall not terminate the The Company shall not be liable for any inability to comply with its obligations
order as to future deliveries. under an order due to any cause whatsoever beyond its reasonable control,
including (but not limited thereto) war, riot, strike or lock-out, act of God, storm,
3. Payment fire, earthquake, explosion, flood, confiscation, action of any government or
Payment shall be made within 30 days of the end of the month in which delivery government agency or shortage of goods and time for delivery shall be extended
is made and if payment is overdue the Company reserves the right to charge by a period corresponding to the period of such inability Provided Always
interest on the price at the rate of 1½% per month from the date by which that either the Company or the Buyer may give notice in writing to the other
payment should have been made until day of payment Provided Always that the cancelling deliveries which should have been made during a period of force
payment of such interest shall be in addition to all other rights of the Company. majeure in the event of such period extending beyond 84 consecutive days.
4. Liability 9. Cancellation
Limitation of liability Our liability under the Contract, and in breach of statutory The Company may immediately cancel an order as to any future deliveries if
duty, and in tort, misrepresentation or otherwise will be limited to this section. the Buyer fails to comply with any of its obligations hereunder or becomes
bankrupt or makes an assignment agreement or composition with its creditors
Subject to the clause 7 below, all warranties, conditions or other terms implied or suffers distress or process of execution to be levied on its property or goes
by statute or common law (save for those implied by Section 12 of the Sale of into liquidation either compulsorily or voluntarily (except for the purpose of
Goods Act 1979) are excluded to the fullest extent permitted by law. reconstruction or amalgamation). The Company reserves similar rights of
We will not be liable (whether caused by our employees, agents or otherwise) in cancellation if it appears probable or likely to the Company that any of the above
connection with the Goods, for: events will occur.
a. Any indirect, special or consequential loss, damage, costs, or expenses; and/or 10. Buyer Cancellation
b. Any loss of profits; loss of anticipated profits; loss of business; loss of data; Where the Buyer cancels, postpones its order or refuses to accept delivery, it
loss of reputation or goodwill; business interruption; or, other third party claims; shall compensate the Company to the extent of any costs or charges incurred by
and/or the Company by reason of such cancellation, postponements or refusal together
c. Any failure to perform any of our obligations if such delay or failure is due to with all costs incurred by the Company to the date thereof and in the event of
the Company not being able to sell the goods elsewhere at the price ruling at the
any cause beyond our reasonable control; and/or date thereof, Buyer shall be liable to pay the difference.
d. Any losses caused directly or indirectly by any failure or breach by you in 11. Notice
relation to your obligations; and/or
Notices will be deemed to have been duly given:
e. Any loss relating to the choice of the Goods and how they will meet your
purpose or the use by you of the Goods supplied. a. Any notice sent by post in accordance with these conditions shall be deemed
to have been delivered or served 48 hours after the same shall have been
f. In the event of the Buyer receiving defective goods it must forthwith notify the posted in a properly addressed pre-paid envelope and proof of posting shall be
Company of the same and if requested return the goods to the Company for sufficient proof of service.
transmission to the manufacturer. If found faulty within twelve calendar months
of invoice date, the goods will be replaced free of charge, providing they have not b. When sent, if transmitted by email and a successful transmission report or
been altered or tampered with in any way. return receipt is generated
g. The Company will use its best endeavours to obtain the benefit of any 12. Price
guarantee given by the manufacturer and its liability to the Buyer shall be limited Orders are despatched on the understanding that prices charged will be those
to any sum received by it thereunder. ruling on the date of despatch and every endeavour will be made to maintain
prices as quoted.
The exclusions of liability contained within this clause will not exclude or limit our
liability for death or personal injury caused by our negligence; or for any matter 13. Returns
for which it would be illegal for us to exclude or limit our liability; and for fraud or Returns cannot be accepted unless previously agreed by the Company and the
fraudulent misrepresentation. appropriate Collection Note issued.
h. The majority of our customer base comprises competent professionals who 14. Data Protection
understand and recognise that the items we supply are not usually provided
with installation instructions. Should you have the slightest doubt about how an a. When providing the Goods to the Buyer, the Seller may gain access to and/or
item should be fitted, installed or subsequently used, then seek the advice of an acquire the ability to transfer, store or process personal data of employees of the
expert. Stedall Vehicle Fittings Ltd takes no responsibility for any consequential Buyer.
damage caused by incorrect installation. b. The parties agree that where such processing of personal data takes place,
5. Claims the Buyer shall be ‘data controller’ and the Seller shall be the ‘data processor’ as
defined in the General Data Protection Regulation (GDPR) as may be amended,
No claim for damage to or loss of the goods or part thereof in transit will be extended and/or re-enacted from time to time.
considered by the Company unless the Buyer:
c. For the avoidance of doubt, ‘Personal Data’, ‘Processing’, ‘Data Controller’, ‘Data
a. Despatches separate written notice to the carrier concerned, if any, and to the Processor’ and ‘Data Subject’ shall have the same meaning as in the GDPR.
Company of the damage or shortage within 2 days of delivery of the goods or, in d. The Seller shall only Process Personal Data to the extent reasonably required
the event of loss of the goods, within 5 days of the notified date of despatch of to enable it to provide the Goods as mentioned in these terms and conditions
the consignment; or as requested by and agreed with the Buyer, shall not retain any Personal
b. Submits a detailed claim in writing to the Company within five days of the date Data longer than necessary for the Processing and refrain from Processing any
of the notice given under (a) above; and Personal Data for its own or for any third party’s purposes.
c. Endorsed, where applicable, on the carrier’s receipt that the goods had been e. The Seller shall not disclose Personal Data to any third parties other than
accepted without examination, damaged etc. employees, directors, agents, subcontractors or advisors on a strict “need-to-
6. Supply know” basis and only under the same (or more extensive) conditions as set out
in these terms and conditions or to the extent required by applicable legislation
a. The Company supplies goods in accordance with the manufacturer’s and/or regulations.
specification applicable from time to time and it shall not be liable to the Buyer f. The Seller shall implement and maintain technical and organisational security
for any change in specification between the date of order and the date of measures as are required to protect Personal Data Processed by the Seller on
despatch and the Buyer shall not have the right of rejection in respect thereof.
behalf of the Buyer. Further information about the Seller’s approach to data
b. The illustrations and dimensions of articles in our Catalogue are correct at the protection are specified in its Data Protection Policy, which can be found on our
date of printing but are shown for information only and the Company does not website. For any enquiries or complaints regarding data privacy, you can e-mail:
warrant that goods delivered will correspond therewith. sales@stedall.co.uk.

+44 (0) 1454 319524 sales@stedall.co.uk www.stedall.co.uk