TRADE TERMS AND CONDITIONS OF SALE
1. GENERAL. All orders are subject to these conditions of sale and the placing of an order by the buyer shall be considered as acceptance of these conditions.
These conditions may not be modified or varied unless ATM Sport Ltd (hereinafter referred to as "the Company") agrees in writing and the Company shall not be deemed to accept such other conditions nor waive any of these conditions by failing to object to provisions contained in any purchase order or other communication from the buyer.
No person has authority on behalf of the Company to vary any condition except the Director, and then only in writing signed by the Director.
2. VALIDITY OF QUOTATION. The Company reserves the right to amend any price quoted to cover an increase in costs of material or labour or overhead expenses which may take place between the dates of the quotation. Every quotation is made and every order is acknowledged on the condition that the goods will be invoiced and payment will be made at the price stated when the goods are supplied.
3. PAYMENT. All cheques to be made payable to ATM Sport Ltd and all goods remain the property of ATM Sport Ltd until payment is received in full. No goods will be dispatched until payment is received.
4. PRICES. All prices shown are for new, re-manufactured ,used fully serviceable parts .Unless otherwise agreed in writing all orders are executed subject to these prices and any relevant discounts ruling at the date of dispatch. Any price list of the Company, whether published or not, shall not affect the right of the Company to charge for goods in accordance with this clause.
All prices are subject to the addition of Value Added Tax at the appropriate rate.
5. ORDERS. Orders sent in confirmation of telephone instructions should be marked as such. Any additional expense incurred by the Company as a result of duplication of order will be charged to the buyer.
Acceptance of order cancellation is at the discretion of the Company and will only be effective if notice is given before any tooling up for production. Cancellation will not be accepted, for any reason, for goods which are in production and/or transit.
6. DELIVERY. (a) Delivery dates are estimates given in good faith by the Company to indicate estimated delivery times but shall not amount to any contractual obligation to deliver at the time stated. The Company will accept no liability for direct or consequential loss or damage arising from delivery.
(b) Goods are dispatched via various recognised carriers. It is the customer's responsibility to check all goods for damage before signing for acceptance of said goods. Once goods are signed for, the Company will not accept any liability for damage.
(c) In the case of export orders, delivery shall take place at a port or airport on the mainland of Great Britain (delivery being deemed to have occurred when goods are unloaded at the port or airport).
(d) On receipt, goods should be checked with the advice note enclosed with the goods. Shortage claims will only be considered if the carrier and the Company receive written notifications of such shortage within seven days of delivery. The packing and contents should be retained for inspection.
7. TITLE TO GOODS. The Company and the buyer expressly agree that until the Company has been paid in full for the goods supplied, the goods remain the property of the Company, although the risk therein passes to the buyer at the point when delivery is made.
8. RETURNS. Goods to be returned must be notified to the Company within seven days of receipt of the goods by the customer, as goods correctly supplied may not be returned without the Company's written agreement. A returns note number must be obtained and the number clearly marked on the outside packaging. Goods so returned must be consigned 'carriage and paid' and accompanied by a package note stating the Company's invoice number and the date thereof together with the reason for return. A restocking charge of 25% will be imposed. Goods returned without prior notification and returns note number will be refused and no credit payment will be issues. Any article which has been supplied to special requirements or made to order cannot be accepted for credit under any circumstances.
9. WARRANTY. (a) If on delivery there is any damage defect or shortage in the goods, and the customer gives due notice under condition 5 above returns the damaged or defective goods to the Company, the Company shall replace the damaged or defective or missing goods or (at the Company's option) credit the customer with the amount of the price attributable to those goods.
(b) Competition parts, cars and car kits are sold without warranty. It is the responsibility of the purchaser and user of such parts to determine their suitability and legality for whatever purpose they are intended.
10. DESIGN AND SPECIFICATION. The Company may withdraw or modify any design or specification of the goods at any time without notice to the Customer.
11. DESCRIPTIVE MATTER AND ILLUSTRATIONS. All descriptive and forwarding specifications, drawings and particulars of weights and dimensions issued by the Company are approximate only and are intended only to present a general idea of the goods to which they refer and shall not form part of the contract.
Whilst every endeavour has been made to ensure that the goods are accurately described and believed to be fit for the purpose mentioned in the Company's catalogues, advertising etc, no warranty or representation to this effect is given either expressly or by implication, and no responsibility will be accepted in the event of an error or mis-description or any such unfitness or any damage resulting therefrom.
Whilst every care is take at all stages of manufacture, the Company will not accept any responsibility for subsequent costs or expense incurred as a result of the use or fitting of the Company's products.
12. LIMITS OF CONTRACT. Any quotation includes only such products, accessories and work as are specified therein.
13. PATENTS. Many of the Company's products are subject to patents registered designs, copyright or other intellectual property rights in the United Kingdom and abroad. Action will be taken against counterfeiters to protect the Company's rights.
14. VALUE ADDED TAX. Where chargeable, Value Added Tax will be charged at the rate applicable at the date of dispatch.
15. LEGAL CONSTRUCTION. Unless otherwise agreed by the Company in writing, these conditions shall in all respect be constructed and operate as an English Contract, in conformity with English law.