Please note all online purchases, other than spare parts, are delivered to your selected mainland dealer free of charge. Deliveries to non-mainland dealers will incur an additional charge. You are required to make suitable arrangements with your dealer for collection or onward delivery. Your dealer may charge you for onward deliveries.
3.1 All delivery times quoted are estimates only.
3.2 If we fail to deliver within a reasonable time you may (by informing us in writing) cancel the contract, however:
3.2.1 You may not cancel if we receive your notice after the goods have been dispatched.
3.2.2 If you cancel the contract, you can have no further claim against us under that contract; and
3.2.3 If you do cancel, your sole remedy will be to claim back any price paid for the goods.
3.3 If you accept delivery of the goods after any estimated delivery time, delivery will be deemed to have been punctual and you agree that you will have no claim against us for any delay. (including without limitation, any claim for indirect or consequential loss, or increase in the price of the goods).
3.4 We may deliver the goods in instalments. Each instalment is treated as a separate contract.
3.5 at our discretion, deliver the goods from any place that we wish and, unless otherwise agreed, if we are arranging carriage, we may choose any reasonable method of carriage.
3.6 If delivery does not take place because you are at fault or for reasons beyond our control, we may store and insure the goods at your expense. We may deliver the goods as soon as possible bur we have the right to sell then after a period of 14 days storage. We may recover such costs of storage and insurance costs together with our costs of attempting to supply the goods as well as the sale price to have been charged to you (if unpaid) on the day of failed delivery from the proceeds of such sale. In the event of such storage and insurance costs together with our costs of attempting to supply the goods as well as the sale price to have been charged to you exceeding the proceeds of such sale, you agree that we may recover any such excess directly from you.
3.7 We have the right to pass on to you any unforeseen additional costs we incur when trying to deliver the goods and/or perform the services.
3.8 You are responsible for providing (at your cost) sufficient labour and materials for unloading the goods,
3.9 Neither our carrier nor we are responsible for unloading the goods into your premises.
3.10 If the driver leaves the vehicle at your request while the goods are being unloaded, we shall not be liable for any shortages
4 Delivery and Safety
4.1 We may decline to deliver the goods if
4.1.1 we believe or our carriers believe that it would be unsafe, unlawful or unreasonably difficult to do so; or
4.1.2 the premises (or the access to them) are unsuitable for our vehicle.
And the provisions of conditions 3.6 shall apply.
7.1 The goods are at your risk during the time of delivery.
7.2 Delivery will be deemed to have taken place either:
7.2.1 at our premises when or your carrier has collected the goods; or
7.2.2 at the agreed delivery address, when you have unloaded the goods (if we are arranging carriage)
7.3 You must inspect the goods on delivery. If any goods are damaged on delivery (or only partially delivered) you must mark the advice note accordingly and notify us (in writing) within seven days of delivery and before their use or resale. You must give us (and any carrier) a reasonable opportunity to inspect the damaged goods.
7.4 If there is a complete failure of delivery, you must notify us in writing within seven days of receipt of our despatch documents or our invoice whichever is earlier. You will be deemed to have received delivery if you do not do so.
7.5 If the goods are carried by an independent carrier we will only consider claims under conditions 7.3 or 7.4 if you have complied in all respects with the carrier`s conditions for notifying claims for loss or damage in transit.
10 Return of Goods
10.1 We will accept the return of goods from you only:
10.1.1 by prior arrangement (confirmed in writing by us);
10.1.2 on payment of an agreed handling charge (unless the goods were defective when delivered); and
10.1.3 in all cases, where the goods are as fit for sale on their return as they were on delivery.
11 Export Terms
11.1 Condition 11 of these conditions applies to exports except where inconsistent with any written agreement between us.
11.2 Where we export goods to you (from the United Kingdom) the ˜Incoterms` of the International Chamber of Commerce in force at the time the contract is made apply.
11.3 The Incoterms are treated as amended by these terms (read as a whole) to the extent that they are inconsistent with them.
11.4 You are responsible for complying with any legislation or regulations governing the importation of the goods into the country of destination and for the payment of any duties due.
11.5 Where we are to send the goods to you by a route including sea transport we are under no obligation to give a notice under 32(3) Sale of Goods Act 1979 as amended, extended or re-enacted.
11.6 You are responsible for arranging the testing and inspection of the goods at our premises before shipment except where otherwise agreed and condition 9.6 shall apply. We are not liable for any defect in the goods which would be apparent on inspection unless a claim is made before shipment. We are not liable for any damage during transit.
11.7 Payment of all amounts due to us shall be made as stipulated by us unless otherwise agreed in writing and in such circumstances condition 5 shall not apply.
11.8 We shall have no liability for death or personal injury arising from the use of the goods where the goods are to be delivered in the territory of another state (within the meaning of s.26 (3) (b) Unfair Contract Terms Act 1977 as amended, extended or re-enacted).
12.1 If the order is cancelled (for any reason) you are then to pay us for all stock (finished or unfinished) that we may then hold (or to which we are committed) for the order. :
12.2 We may suspend or cancel the order, by written notice if:
12.2.1 you fail to pay us any money when due (under the order or otherwise);
12.2.2 you become insolvent in terms of condition 16.5;
12.2.3 you fail to honour your obligations under these Conditions.
12.3 You may not cancel the order unless we agree in writing (and conditions 3.2.2 and 12.1 then apply).