Terms & Conditions

  1. GENERAL
    1. Definitions:
      “The Company” means Tyretracks Ltd t/a Tyretracks (Eccleshall) Ltd or Tyretracks of Marchington
      “The Customer” means a person to whom the Company sells or supplies goods and includes the servants or agents of such person
      “Goods” means any goods or services provided by the Company to the customer
      “Contract” means the agreement for the sale by the Company and purchase by the Customer of the Goods
      “Conditions” means the standard terms and conditions set out in this document plus any special terms and conditions as agreed in writing between the Customer and    the Company
    2. All orders received whether verbal or in writing are subject to these terms and conditions, which may be added to or varied by agreement between the Company and the Customer but which will in any event prevail in exclusion to all other terms and conditions
  2. QUOTATIONS & ORDERS
    1. Quotations do not constitute a firm offer and shall not bind the Company until an order has been placed and accepted.
    2. Any orders received are subject to availability of the Goods
    3. Whilst every effort is made by the Company to keep sufficient quantities of Goods in stock, there may be occasions when we exhaust our stock; if we are unable to supply any Goods at the time of ordering, it will be placed on back order and supplied when available.
  3. BROCHURES
    1. Whilst every effort is made by the Company to accurately describe the Goods in the brochure, the Company cannot be held responsible for any differences between the Goods described and the Goods received by the Customer from the manufacturer, should the goods be delivered directly from the manufacturer to the Customer.
    2. All brochure prices should be confirmed by the Customer prior to placing an order.
    3. The Company reserves the right to alter without notice any brochure prices to the extent necessary to enable the Company to recover any increases to in manufacturer costs or any other costs incurred by the Company, prior to the date of dispatch.
  4. PRICES, CONDITIONS AND TERMS
    1. All prices are exclusive of Value Added Tax unless otherwise stated
    2. Any prices given in any quotation by the Company shall only be valid if it is accepted at the time of giving the quotation, otherwise it shall be the price as at the date of acceptance by the Company of the order from the Customer
    3. All prices are in pounds sterling unless otherwise stated in writing
    4. The Company reserves the right to change without notice its prices, these Conditions of Sale and any terms which it allows to the Customer.  Prices may be increased by the Company to the extent necessary to enable the Company to recover any increases in costs incurred by the Company prior to the date of dispatch.
  5. PAYMENT
    1. Unless otherwise agreed payment of the price together with all duties taxation and delivery costs if any is to be made prior to delivery of the Goods
    2.  If payment is agreed to be made on a date after delivery the Customer will provide on request trade and bank references and any such agreement must be in writing and signed by the Company
    3. The Company may at any time and without notice revoke any agreement as to credit terms so that payment for the Goods becomes immediately payable and/or due on/prior to delivery
    4. Unless otherwise agreed in writing and signed by the Company interest on all accounts including carriage and other charges at the rate of 5% above the current base rate of the Lloyds TSB Plc bank shall be payable if the payment remains outstanding beyond any date set for payment in accordance with the terms hereof
    5. If payment is not made on the due date any cash settlement discount incentive given to the Customer shall cease to apply and the full invoice price of the Goods     shall apply
    6. Payment on export orders shall be set out between the parties in writing unless otherwise mutually agreed and are subject to special arrangements
    7. Payment for all Goods shall be made in cash but if payment in some other form shall be agreed payment shall not be deemed to have taken place until the Company shall be in receipt of cleared funds in pounds sterling in its bank account unless otherwise agreed
    8. The Company reserves the right to charge a deposit amount to all Customers whilst goods are on back order
  6. RISK
    1. The risk for the Goods passes to the Customer upon delivery
    2. If required by the Company the Customer shall in the case where payment in full for the Goods is not made on/prior to delivery hand to the Company on demand evidence of proper insurance of the Goods whilst in the Customer’s control
  7. PROPERTY
    1. The property in the Goods does not pass to the Customer and the legal and equitable title to the Goods remains with the Company until:
      1. payment for the Goods the subject of this Contract including but not by way of limitation delivery and packaging costs and interest has been made in full
      2. all other sums for payment to the Company at the date of this Contract or which may hereinafter become due and payable from the Customer on any account whatsoever have been paid
    2. Until property in the Goods has passed to the Customer in accordance with Condition 5.1 without prejudice the the Company’s other rights:
      1. the Customer shall insure the Goods to their full value which are on or at the Customer’s premises against fire and theft and shall if required to do so by the Company prove to the Company that such insurance has been effected
      2. the Customer shall keep the Goods marked and apart from all other goods so as to identify them until the title to the goods legally passes to the Customer
      3. until such time as the property in the Goods passes to the Customer the Customer shall not be entitled to resell the Goods or use the Goods outside of the ordinary course of its business
      4. until such time as the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold) the Company shall be entitled at any time to require the Customer to deliver up the Goods to the Company and if the Customer fails to do so forthwith to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods
      5. the Customer acknowledges that before entering into any agreement for the purchase of any Goods from the Company he has expressly represented and warranted that he is not insolvent and has not committed any act of bankruptcy or being a company with limited or unlimited liability knows of no circumstances which would entitle any debenture holder or secured creditor to appoint a receiver to petition for winding up of the Company or exercise any other rights over or against the Company’s assets6.3 Until payment shall be made in accordance with Condition 4 hereof the following shall apply:
      The Customer shall not pledge or order the Goods as guarantee or collateral security
    3. Until payment shall be made in accordance with Condition 4 hereof the following shall apply:
      The Customer shall not pledge or order the Goods as guarantee or collateral security
  8. RIGHT OF ENTRY
    1. The Customer hereby permits the Company, its agents and servants to enter upon any premises owned by the Customer or in the control of the Customer to repossess the Goods at any time whilst there shall be sums due and owing from the Customer to the Company
  9. DELIVERY
    1. Delivery shall be made to the premises notified to the Company in writing. In the event that no such address shall be notified to the Company prior to the date of despatch of the Goods from the Company’s premises or such other premises as directed by the Company then delivery shall be made to the premises shown as being the address of the Customer in the order or the acceptance of the quotation for the Goods
    2. The Customer shall make suitable provisions for receipt and storage of the Goods and the signature of a delivery note by any person holding himself out to be an employee or representative of the Customer shall be sufficient evidence that delivery has taken place it shall not be the responsibility of the Company to verify the credentials of the person signing the delivery note
    3. Should there not be any person available to sign the delivery note, or the Customer for any reason be unable to receive or provide suitable storage arrangements for the Goods or fail to give correct delivery instructions by the date delivery is due to take place then said Goods shall be subject to further delivery charges
    4. The Company reserves the right to charge the Customer for any expenses incurred in the event of any delay of the delivery howsoever caused by the Customer or his employees, representatives or agents
    5. Claims for non-delivery of the Goods must be made within seven days of the date of despatch by the Company
    6. If the goods become damaged/lost during transit then the Customer is reminded that this responsibility lies with the courier company and the Company will not be held liable, should this occur and the Goods have been signed for and not notified to the courier company as damaged/lost then no compensation claim will be permitted
    7. Delivery is a separate contract and once completed is non refundable
  10. EXAMINATION
    1. On receipt of the Goods the Customer is deemed to have examined the Goods carefully and the signing of the delivery note is conclusive evidence that the Customer has examined the same and that the Goods are free of defects which should be apparent on inspection and the Goods are those which the Customer had ordered
  11. RETURN
    1. If a customer shall allege that the Goods shall be defective he shall submit the Goods to the Company for examination under complaint by the manufacturer of the Goods.
    2. Any Goods returned under complaint / warranty must be returned to the Company at the Customers expense, where the Goods will be returned to the manufacturer for examination, under the individual manufacturer’s terms and conditions
    3. On receipt of the report from the manufacturer the Company may at its own discretion make an allowance, if the Company considers appropriate, by the issue of a credit note or refund to the Customer
    4. The granting of an allowance or the issue of a credit note shall not be deemed to be an admission of liability
    5. On any allowance being made by way of credit note or otherwise the Goods in question will become the property of the Company and/or Manufacturer.
    6. If no allowance shall be made the Goods shall remain the property of the Customer
  12. EXCLUSION
    1. Upon placing an order for the Goods the Customer shall be deemed to have determined by his own expertise the suitability of the Goods and the fitness of the Goods for the particular use and purpose that he intends to put them to or use them for and shall not in any such way rely upon the expertise of or any statement made by the Company its employees or agents solely
  13. CANCELLATION
    1. All goods ordered by the Customer and supplied correctly by the Company and are returned without the Company’s consent will not by acceptance for credit.
    2. The Company reserves the right to levy a handling charge of £15 + vat or 5% of the value of the order (whichever is greater) on any goods accepted for return/refund.
    3. Special order Goods cannot be cancelled once the order has been accepted by the Company and will not be accepted for credit unless faulty.
    4. The Company reserves the right to retain any monies taken against Goods that have been subject to a deposit taken upon ordering.
  14. FORCE MAJEURE
    1. In the event of the performance of the Company of its obligations under the Contract being prevented, delayed or in any way interfered with due to force majeure, the Company may at its option suspend performance or cancel its obligation under the Contract without liability for any damage or consequential loss  resulting there from such suspension or cancellation being without prejudice to the Company’s rights to recover all sums owing to it in respect of consignment deliveries and cost incurred to date.
  15. SEVERANCE
    1. If at any time one or more of these Conditions becomes invalid, illegal or unenforceable in any respect under the law the validity and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby
  16. PROPER LAW
    1. Any contract entered into between the Company and the Customer subject to these conditions shall be subject to and construed in accordance with English Law, and the English courts shall have exclusive jurisdiction in respect of all claims, disputes or matters arising out of the conditions contained herein.