1. APPLICATION OF TERMS AND CONDITIONS
(a) The Seller is Britcar (UK) Ltd who contracts on these Conditions of Sale. Any additions, alterations or deletions to these Conditions of Sale will not be accepted unless they are expressly accepted by the Seller in writing.(b) The Seller accepts the Buyer's offer to purchase the goods only by posting or otherwise sending to the Buyer the Seller's Contract of Sale form.
2. FORCE MAJEURE
(a) RETAIL The Seller shall not be responsible for delay in delivery of the goods or any part thereof occasioned by any act of God, action by any Government, strike, lock-out, combination of workmen, riot or civil commotion, breakdown of machinery, power failure, fire, fuel shortage, loss and/or detention at sea, or any other contingency beyond its control. Should any of the goods be rendered unfit for delivery by any reason of the above acts, the Contract, as far as it relates to those goods, shall be deemed to be discharged. (b) WHOLESALE The Seller shall not be responsible for delay in delivery of the goods or any part thereof occasioned by any act of God, action by any Government, strike, lock-out, combination of workmen, riot or civil commotion, breakdown of machinery, power failure, fire, fuel shortage, loss and/or detention at sea, or any other contingency beyond its control, provided that notice in writing, by facsimile or telex is given to reach the other party to the Contract within seven days of the defaulting party's knowledge of the occurrence (in the case of resale such information shall be passed on without delay). Should any goods be rendered unfit for delivery by any reason of the above acts, the Contract, as far as it relates to those goods, shall be deemed to be discharged.
3. FLUCTUATIONS IN THE £ STERLING
If the goods which are the subject of this Contract are of foreign origin, then the Seller reserves the right to adjust the price payable to the Buyer so as to reflect any alteration in the value of the £ sterling in terms of the currency of purchase between the date of sale and the rate payable on importation. The Seller also reserves the right to alter prices without notice in the event of the imposition of our increase in any tariff or import levy.
4. PROPERTY IN GOODS AND RISK
(a) All goods delivered by the Seller to the Buyer shall remain the property of the Seller until the Buyer has met all outstanding debts and contractual obligations in relation to the goods between the Seller and Buyer. Until such time as the Buyer has paid in full all monies owing for any goods and materials supplied by the Seller to the Buyer, the Buyer shall keep the same in a fiduciary capacity for the Seller.
(b) Risk passes to the Buyer on delivery of the goods, irrespective of whether or not property has passed.
5. INCREASED CHARGES
Any increase in shipping, marine insurance, freight or landing charges between the time of sale and arrival of the vessel, are for the Buyer's account.
If the Buyer has a Receiver appointed of any of his property or business undertakings, announces that he is ceasing to trade (other than for declared legitimate reasons such as retirement and continuing to honour all existing contracts) suspends payment and/or notifies any of his creditors that he is unable to meet debts or that he is about to suspend payment of his debts, convenes, calls or holds a meeting of creditors or, being an individual trade, commits an act of bankruptcy, is adjudicated bankrupt or makes any composition or scheme of arrangement with his creditors, or being a body corporate convenes, calls or holds a meeting for the purpose of going into liquidation (other than for the purpose of reconstruction or amalgamation) by the making of an Order or the passing of a resolution for winding up, then the full price of any goods delivered shall be immediately payable notwithstanding any previous arrangement to the contrary and the Seller shall have the right, without prejudice to any other rights and remedies available to them, to cancel and/or suspend deliveries. If the Buyer fails to make any payment as due or dies, the rights conferred on the Seller by this paragraph shall apply, provided that within 28 days after the relevant occurrence the Seller gives the Buyer or his representative written notification of the Seller's intention to exercise all or any of such rights.
Dates mentioned by the Seller in any quotation or correspondence are approximate only and not of any contractual effect. The Buyer shall accept delivery during the period agreed with the Seller subject to the provision of Clause 2 (Force Majeure) of this Contract.
Claims based upon those defects of quantity, quality or condition which should be apparent upon reasonable examination shall be made immediately known by telex, telephone or telemessage and written confirmation despatched with 5 business days of arrival of the goods at the destination to which they have been consigned.
9. LAW AND JURISDICTION
The construction validity and performance of this Contract and all matters pertaining thereto shall be governed in all respects by English Law and subject to the jurisdiction of the English Courts. Where applicable, the Uniform Law on International Sales are hereby excluded.