Page 26 - Stedall Catalogue Updated 22

Introduction

Terms & Conditions

1. Scope d. Any losses caused directly or
indirectly by any failure or breach by
These Conditions shall apply to all sales of you in relation to your obligations; 6. Supply
goods by the Company to the exclusion of and/or a. The Company supplies goods in
all other terms, conditions and warranties, accordance with the manufacturer’s
whatever, and the Company shall not be e. Any loss relating to the choice of the specification applicable from time to
bound by any representations, guarantee or Goods and how they will meet your time and it shall not be liable to the
warranty made by its employees, agents or purpose or the use by you of the Buyer for any change in specification
representatives. These conditions shall not be Goods supplied. between the date of order and the
varied save by written agreement between date of despatch and the Buyer shall
the company and the Buyer. f. In the event of the Buyer receiving not have the right of rejection in
defective goods it must forthwith respect thereof.
notify the Company of the same and
2. Delivery
if requested return the goods to the b. The illustrations and dimensions of
a. Dates given by the Company for Company for transmission to the articles in our Catalogue are correct
delivery will be estimated only but manufacturer. If found faulty within at the date of printing but are shown
will be maintained as closely as twelve calendar months of invoice for information only and the Company
possible and the Company will not be date, the goods will be replaced free does not warrant that goods delivered
responsible for any losses caused to of charge, providing they have not will correspond therewith.
the Buyer by late delivery. been altered or tampered with in any
way. 7. Goods
b. Each delivery of goods in accordance
with an order shall be deemed to g. The Company will use its best a. Not withstanding delivery and passing
constitute a separate contract to endeavours to obtain the benefit of risk in the Goods, or any other
which these terms and conditions of any guarantee given by the provision of these terms, the property
shall, so far as is possible, apply and manufacturer and its liability to the in the goods shall not pass to the
failure to make any delivery shall Buyer shall be limited to any sum Buyer until the Company has received
not terminate the order as to future received by it thereunder. in cash or cleared funds payment in
deliveries. full of the price of the goods and all
The exclusions of liability contained other goods agreed to be sold by
3. Payment within this clause will not exclude or the Company to the buyer for which
limit our liability for death or personal payment is then due.
Payment shall be made within 30 days of the injury caused by our negligence; or
end of the month in which delivery is made for any matter for which it would be b. Until such time as the property
and if payment is overdue the Company illegal for us to exclude or limit our in the Goods passes to the buyer
reserves the right to charge interest on the liability; and for fraud or fraudulent (and provided the goods are still in
price at the rate of 1½% per month from the misrepresentation. existence and have not been resold),
date by which payment should have been the Company may at any time require
made until day of payment Provided Always h. The majority of our customer base the Buyer to deliver up the Goods
that the payment of such interest shall be in comprises competent professionals to the Company and if the Buyer
addition to all other rights of the Company. who understand and recognise that fails to do so forthwith, enter on any
the items we supply are not usually premises of the Buyer or any third
4. Liability provided with installation instructions. party where the goods are stored and
Should you have the slightest doubt repossess the goods.
Limitation of liability Our liability under the about how an item should be fitted,
Contract, and in breach of statutory duty, and installed or subsequently used, 8. Force Majeure
in tort, misrepresentation or otherwise will then seek the advice of an expert. The Company shall not be liable for any
be limited to this section. Stedall Vehicle Fittings Ltd takes no inability to comply with its obligations
responsibility for any consequential under an order due to any cause whatsoever
Subject to the clause 7 below, all warranties, damage caused by incorrect beyond its reasonable control, including
conditions or other terms implied by statute installation. (but not limited thereto) war, riot, strike or
or common law (save for those implied by lock-out, act of God, storm, fire, earthquake,
Section 12 of the Sale of Goods Act 1979) are 5. Claims explosion, flood, confiscation, action of
excluded to the fullest extent permitted by No claim for damage to or loss of the goods any government or government agency or
law. or part thereof in transit will be considered shortage of goods and time for delivery shall
by the Company unless the Buyer: be extended by a period corresponding to
the period of such inability Provided Always
We will not be liable (whether caused by
our employees, agents or otherwise) in a. Despatches separate written notice that either the Company or the Buyer may
connection with the Goods, for: to the carrier concerned, if any, and give notice in writing to the other cancelling
to the Company of the damage or deliveries which should have been made
a. Any indirect, special or consequential shortage within 2 days of delivery during a period of force majeure in the
event of such period extending beyond 84
loss, damage, costs, or expenses; of the goods or, in the event of loss consecutive days.
and/or of the goods, within 5 days of the
notified date of despatch of the
b. Any loss of profits; loss of anticipated consignment;
profits; loss of business; loss of
data; loss of reputation or goodwill; b. Submits a detailed claim in writing
business interruption; or, other third to the Company within five days of
party claims; and/or the date of the notice given under (a)
above; and
c. Any failure to perform any of our
obligations if such delay or failure c. Endorsed, where applicable, on the
is due to any cause beyond our carrier’s receipt that the goods had
reasonable control; and/or been accepted without examination,
damaged etc.

13th Edition
13th E dition