Supply goods and services only subject to these terms and any person (hereinafter called "The Buyer") supplied by MotaParts Xpres Ltd/MotaParts Xpress (Worcester) Ltd accept that these conditions will govern all contractual relations between them to the exclusion of any terms contained in any of The Buyer's documents even if The Buyer's terms purport to provide that The Buyer's own or some other terms prevail. No employee or any other person acting or purporting to act on behalf of The Company is authorised to agree or effect any alteration in these terms, or make or give any representation of warranty in relation to the goods or services save only that a Partner, Principle, or Director of The Company may in writing agree such alterations or make or give such representation or warranties.
PAYMENT OF ACCOUNTS: All accounts must be paid no later than the 28th of the month following invoice date. A statement will be sent detailing all invoices and credits during the month. In the event of default in payment The Company reserves the right to suspend or cancel credit facilities and to charge an additional account service charge at a rate of 2% over normal bank base interest rate at monthly intervals on the overdue portion of the account until the arrears are cleared. It is The Buyer's responsibility to ensure that payment is made to The Company by due date.
RETURNS: Goods specially ordered or made cannot be accepted for credit. Goods correctly supplied may only be returned if accompanied by the relevant invoice details. Goods returned after a period of 4 weeks may only be accepted with the authority of a Manager, Partner, Principle, or Director of The Company and will be subject to a handling charge of 15% of the price charged to The Buyer.
DAMAGE OR SHORTAGE: Damage or shortage of goods found by The Buyer must be notified to The Company within 3 days. Failure to do so will free The Company from any liability in this respect.
CARRAIGE: Normally goods will delivered carriage paid, but The Company, reserves the right to charge for any special delivery or deliveries of small value, such changes being entirely at the discretion of The Company for non-delivery or delay in delivery.
FITNESS FOR PURPOSES: The Company takes every care with regard to the quality and standard of the manufacture of the goods it supplies as far as it is able to. However, as the goods are used for multiplicity of purposes, and The Company, has no control of the method of their application or use. The Company excludes so far as it may legally do so any condition or warranty implied by the statute or otherwise as to the fitness of its good for a particular purpose. Any technical co-operation between The Company, its suppliers or The Buyer shall not affect the condition. Under no circumstances shall The Company be liable for any loss of profit or contracts or other consequential loss or damage on the part of The Buyer however caused.
RESERVATION OF TITLE: Because of the large number of individual part numbers and references and the unique applications of individual automotive parts and supplies, it is recognised by The Buyer that it is outside the bounds or normal possibility for any parts or supplies of the same part number or reference on The Buyer's premises not to relate to parts and supplies of the same part number or reference supplied by The Company. Notwithstanding delivery and passing of the risk, legal and beneficial ownership shall remain in The Company until full payment for the goods has been made. Until ownership passes The Buyer shall hold goods as Bailee for The Company and must keep the goods free from any charge, lien, or other encumbrances. The Buyer shall have possession of the goods but shall at all times remain accountable to The Company on a fiduciary basis in respect of the goods or the proceeds of sales of the goods until payment has been made in full to The Company. The Company and its associated companies shall be entitled to repossess all goods not paid for, if any sum due in respect if goods remains unpaid by the due date. The Company and its associated companies may enter upon the premises of The Buyer to repossess such goods.
PRICES: Prices shall be as ruled at the date of despatch. Prices may increase by The Company to the extent necessary to enable The Company to over increases in cost incurred by the Company prior to the date of despatch.
QUOTATIONS: Quotations do not constitute an offer and shall not bind The Company until and order has been placed and accepted.
STATUATORY RIGHTS: All orders whether oral or written are subject to these terms but nothing in these terms shall be deemed to affect the statutory rights of The Buyer. BUYER'S TERMS: The Company does not recognise any terms and conditions of contract supplied by The Buyer unless any such terms and conditions are specifically acknowledged and agreed in writing by a Principle, Partner, or Director of the Company execution of compliance with, or implementation of orders foes not imply acceptance of The Buyer's terms and conditions.
UNFAIR CONTRACT TERMS: The Company has drawn these Terms of Business in the light of the Unfair Contract Terms Act 1977 and considers them to be fair and reasonable and its prices are based on contracts made on these conditions. If the Purchaser considers these terms to be unreasonable he must inform The Company in writing before the contract is made, otherwise he will deemed to have accepted that The Company's terms are fair reasonable.
