1.1 In these Conditions:
CUSTOMER means the person who accepts a quotation of the Company for the sale or supply of the Goods and Services or whose order for the Goods and Services is accepted by the Company GOODS the goods (including any instalment of the goods or any parts for them) which the Company is to supply in accordance with these Conditions and referred to in the Quotation.
COMPANY means Grippy Tyres Ltd. (registered in England under number 09984716) whose registered office is at: 71-75 Shelton Street Covent Garden London WC2H 9JQ..
CONDITIONS the standard terms and conditions of trading set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Customer and the Company.
CONTRACT the contract for the purchase and supply of the Goods and Services SERVICES the services to be provided by the Company and third party fitting partners pursuant to these Conditions and referred to in the Quotation; QUOTATION the sheet or form detailing the Goods and Services to which these Conditions are appended or as printed overleaf.
- 1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
- 1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
- 1.1 In these Conditions:
GOODS AND SERVICES
- 2.1 All Contracts entered into between the Company and a Customer shall be deemed to incorporate these Conditions and no variation to these Conditions shall be binding unless agreed in writing between the Customer and the Company save that any terms and conditions stipulated by the Supplier or Manufacturer of any of the Goods shall be incorporated into these Conditions and the Company shall inform the Customer accordingly with details of such terms and conditions which shall be available upon request or supplied to the Customer.
- 2.2 The Company shall supply and the Customer shall purchase the Goods and Services in accordance with any written quotation of the Company which is accepted by the Customer, or any written instruction or order of the Customer which is accepted by the Company, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Customer.
- 2.3 The Company's employees,agents or fitting partners are not authorised to make any representations concerning the Goods and Services unless confirmed by the Company in writing. In entering into the Contract the Customer acknowledges that it does not rely on any such representations which are not so confirmed.
- 2.4 The Goods and Services shall be provided in accordance with the Order Form and these Conditions provided that the Company shall be entitled at any time without notifying the Customer to make changes to the Goods or Services which are necessary to comply with any applicable safety EEC requirements or other statutory requirements.
- 2.5 Any advice or recommendation given by the Company or its employees,agents or fitting partners to the Customer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by the Company is followed or acted upon entirely at the Customer's own risk, and accordingly the Company shall not be liable for any such advice or recommendation which is not so confirmed.
- 2.6 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice, Quotation or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.
ORDERS AND SPECIFICATIONS
- 3.1 No Contract shall be formed until an order has been expressly accepted by the Company.
- 3.2 The Customer shall be responsible to the Company for ensuring the accuracy of the terms of any order submitted by the Customer and for giving the Company any necessary information relating to the Goods or Services to enable the Company to perform the Contract in accordance with its terms.The vehicle registration tyre size look up is intended as a guide and cannot be relied upon entirely, we recommend a visual check to ensure correct tyre size is ordered.
- 3.3 The quantity, quality and description of or any specification for the Goods and Services shall be those set out in the Company's quotation (if accepted by the Customer) or the Customer's order (if accepted by the Company). No quotation by the Company shall constitute an offer by the Company and all quotations are subject to alteration or amendment by the Company without notice.
- 3.4 No order which has been accepted by the Company may be cancelled by the Customer except with the written agreement of the Company and on terms that the Customer shall indemnify the Company in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Company as a result of such cancellation.
- 3.4 : All ‘pay on van’ payment option tyre orders are provisional and are only confirmed when the tyres are sourced for fitting,approximately three days before fitting.
CHARGES AND PAYMENT
- 4.1 The price of the Goods or Services shall be the Company's quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in the Company's published price list current at the date of acceptance of the order. All prices quoted are valid for 30 days only or until earlier acceptance by the Customer, after which time they may be altered by the Company without giving notice to the Customer.
- 4.2 The Customer shall pay for the Goods and Services either prior to collection or immediately upon delivery of the Goods and/or performance of the Services in cash, by cheque (and cheque card) credit card or debit card unless credit terms or facilities have been agreed or granted to the Customer.
- 4.3 In the event that the Company agrees credit terms with or grants credit facilities to a Customer, such credit account Customer shall pay the price of the Goods (without any deduction) within 30 days of the date of the Company's invoice, and the Company shall be entitled to recover the price, notwithstanding that delivery or performance may not have taken place and the property in the Goods has not passed to the Customer. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request.
4.4 If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to:
- 4.4.1 cancel the credit terms (if any) or suspend any further deliveries to the Customer; and
- 4.4.2 charge the Customer interest (both before and after any judgment) on the amount unpaid, at the rate of 3 per cent per annum above Santander Bank base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
- 4.5 In the event of non-payment of the price for the Goods and Services provided to the Customer by the Company the Company hereby reserves the right to retain the Customers goods or vehicle until payment is made in full in cleared funds.
- 4.6 The price is exclusive of any applicable value added tax, which the Customer shall be additionally liable to pay to the Company.
- 4.7 Refund Policy: In accordance with Distance Selling Regulations the Customer can return unused tyres and goods at their own expense within 14 days of purchase for a full refund. All other refunds will be made at the Managers discretion.
- 4.8 Toll road or congestion fees accrued in the fitting service will be charged to the customer.
DELIVERY AND PERFORMANCE
- 5.1 Delivery of the Goods shall be made at the Customer's chosen fitting location or, if some other place for delivery is agreed by the Company, by the Company delivering the Goods to that place.
- The customer agrees to receive SMS notifications updating the job progress.
- 5.2 Any dates quoted for delivery of the Goods or performance of the Services are approximate only and the Company shall not be liable for any delay in delivery of the Goods or performance of the Services however caused. Time for delivery or performance shall not be of the essence of the Contract unless previously agreed by the Company in writing.
5.3 If the Customer fails to take delivery of the Goods or fails to give the Company adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Customer's reasonable control) then, without prejudice to any other right or remedy available to the Company, the Company may:
- 5.3.1 store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage;
- 5.3.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the Contract or charge the Customer for any shortfall below the price under the Contract; or
- 5.3.3 remove the Goods from other goods or vehicles to which Company's Goods have been fitted (if practicable).
- 5.4 The Company and third party fitting partners shall perform the Services or supply the Goods as specified in the Quotation form accepted by the Customer only, unless the Customer approves any additional services or supply of goods.
- 5.5 The Company sub- contracts third party fitting partners to carry out the fitment of the ordered or purchased tyres. The fitting partner assigned to the task will be confirmed to the Customer by the Company on the day of fitting by SMS. Any claims due to fitting partner errors,incorrect fitting, negligence, wilfull damage or similar will be the responsibility of the fitting partner assigned to fit the tyres ( individual fitting partners T&C's are available on request) and all claims or disputes must be directed to the fitting partner. The Customer in placing the order fully undestands this and agrees to indemnify the Company from any such claims. The Company where possible will assist the Customer in initially liaising with both parties in such claims or disputes.
- 5.6 Standard valves are replaced on all tyre fittings. Metal valves or TPMS valves will have the valve core replaced if possible.
- 6.1 The Company hereby reserves all its rights pursuant to statute or regulations and those rights shall be in addition to the Company's rights created under this Clause 6 or otherwise pursuant to these Conditions.
- 6.2 Where the Customer deposits his vehicle or goods with the Company whether for repair, service, safety check or otherwise, the Customer shall collect the goods or vehicle within 5 days of the Company notifying the Customer that the goods or the vehicle is available for collection. Such notice may be made verbally in so far as it is confirmed in writing by the Company to the Customer at the address specified on the Quotation or otherwise notified to the Company and the Customer shall be liable for any storage charges in the event of non-collection during the period of 5 days.
- 6.3 In the event that the Customer fails to collect those goods or vehicle(s) and pay the price for the Goods and/or Services pursuant to Clause 4 within two months of notification in accordance with Clause 6.2. the Company shall be entitled to dispose of such goods or the vehicle(s) in the open market (including public auction or other means). Upon such a sale or disposal, the Company shall deduct its charges (including charges due for the goods and/or services together with all storage or sales costs incurred In connection with such disposal) from the proceeds of sale and shall pay the balance of the proceeds to the Customer. The balance of the proceeds will be retained by the Company for a further period of two months (or such other longer period as the Company may decide) in the event that it is unable to contact the Customer and thereafter dispose such goods and/or vehicles at the Company's discretion. Upon expiry of such period the Customer shall not have any claim against the Company whether in respect of the goods or the vehicles or the proceeds of any such disposal.
RISK AND PROPERTY
- 7.1 Risk of damage to or loss of the Goods shall pass to the Customer with possession of the Goods or any vehicles to which the Services have been performed.
- 7.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Customer until the Company has received in cash or cleared funds payment in full of the price of the Services and Goods and all other goods agreed to be sold by the Company to the Customer for which payment is then due.
WARRANTIES AND LIABILITY
- 8.1 The Company warrants to the Customer that the Services will be provided using reasonable care and skill and, as far as is reasonably possible in accordance with the Quotation. Where the Customer supplies the Goods in connection with the provision of the Services, and any such Goods is supplied by a third party manufacturer, the Company does not give any warranty, guarantee or any other term as to their quality, fitness for purpose or otherwise but shall where possible assign to the Customer the benefit of any warranty guarantee or indemnity given by the manufacturer of the Goods to the Customer.
- 8.2 In the event that the Customer purchases the Goods only, the Customer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer of the Goods to the Company in respect of the Goods.
- 8.3 Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
- 8.4 The Company agrees to use its reasonable endeavours to ensure that Goods claimed to be defective and returned to the Company are despatched to the third party manufacturer of such Goods for examination within a reasonable period.
8.5 The Company or third party fitting partner shall (subject to a valid claim) rectify free of charge any defect or faulty workmanship or defective parts/Goods supplied in the course of performance of the Services for a period of six months or six thousand miles in respect of a vehicle whichever occurs earlier in accordance with the following terms:-
- 8.5.1 the Customer provides to the Company an invoice, copy Quotation or other documentary evidence in respect of the Goods and/or the Services referred to above;
- 8.5.2 the Company shall be under no liability in respect of any defect in the Goods arising from drawing or design specification;
- 8.5.3 the Company shall be under no liability under the above warranty or any other warranty, condition or guarantee (if the total price of the Goods or Services has not been paid by the due date for payment;
- 8.5.4 the Company.will not be liable for damages or loss as a result of defective workmanship or delays caused by a third party fitting partner.
- 8.5.5 The tyres are returned to the Company at the Company's premises at the Customer's own cost.
- 8.6 Except in respect of death or personal injury caused by the Company's negligence, the Company shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the Services and Goods or their use or resale by the Customer, and the entire liability of the Company under or in connection with the Contract shall not exceed the price of the Goods and Services except as expressly provided in these Conditions.
- 8.7 The Company shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company's obligations in relation to the Goods or the Services if the delay or failure was due to any cause beyond the Company's reasonable control.
- 8.8 Guarantees are void if the vehicle has been subjected to criminal or malicious damage, fire or theft: or used in competitive motor sport or as a taxi.
- 9.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its address on the Quotation or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
- 9.2 No waiver by the Company of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
- 9.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
- 9.4 The Contract shall be governed by the laws of England, and the Customer agrees to submit to the jurisdiction of the English courts. 9.5 The Customer acknowledges receipt of these Conditions and confirms that he has read and understands them and agreed to be bound by its terms next.