General Terms & Conditions
1. GENERAL DEFINITIONS
The Company means North Hants Tyres and Remoulding Company Ltd.
The Customer means the person who accepts a quotation of the Company
for the sale of Goods and/or whose order is accepted by the Company.
Goods means any items sold by the Company to include but not by way
of prejudicing the generality of the foregoing tyres and tubes and
wheels.
Contract means the contract for the sale by the Company and purchase
by the Customer of the Goods. Conditions means
the standard items and conditions set out in this document plus any
special terms and conditions as agreed in writing between the Customer
and the Company.
2. ORDERS
2.1 Any quotations or Orders received are subject to availability of
the Goods.
2.2 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 in any event prevail in
exclusion to all other terms and conditions.
2.3 No Order or part of an Order placed by the Customer can be
cancelled by the Customer without written consent of the Company.
2.4 The Customer shall be responsible to the Company for ensuring the
accuracy of the terms of any Order.
2.5 Orders are accepted by means of the following: online transaction
(secure server), e-mail, telephone, or post.
2.6 All credit/debit card transactions are subject to validation
checks and are authorised by the card issuer. Should your card issuer
refuse to authorise payment to us, we will not be liable for any delay
and/or non-delivery of your Order.No Orders will be accepted or
processed without a valid card payment in the name of the registered
cardholder.
2.7 The Company reserves the right to refuse to supply any ordered
product or to cancel an order for any reason without liability of any
kind save for return of any payment that may have been made with respect
to such product.
3. PRICES
3.1 All prices are shown in pounds sterling (£).
3.2 All prices are exclusive of Value Added Tax unless otherwise
stated.
3.3 The price given in any quotation by the Company shall be valid if
it is accepted at the time of the giving of the quotation otherwise it
shall be the price at the date of acceptance by the Company of the Order
from the Customer.
3.4 All prices are subject to change without prior notice.
4. PAYMENT
4.1 Unless otherwise agreed all Goods must be paid for in full before
dispatch. The Goods will remain the property of the Company until
payment is made in full.
4.2 Any cheque received will be required to clear before any Goods
are dispatched. Please allow seven (7) working days for clearance.
4.3 The Company may at any time and without notice revoke any
agreement as to credit terms so that payment for all Goods becomes
immediately payable before dispatch.
4.4 Unless otherwise agreed in writing and signed by the Company
interest on all accounts including carriage at the rate of 5% above the
current base rate of Barclays Bank Plc shall be payable if the payment
remains outstanding beyond any date set for payment in accordance with
terms hereof.
4.5 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.
5.RISK
5.1 Risk of damage or loss shall pass to the Customer at the time of
delivery.
5.2 All deliveries must be signed for by the Customer or the
Customer’s representative. If the Customer has left other instructions
to the delivery agent and is not present in person to sign for the Goods
the Company accepts no responsibility whatsoever for the safety of the
Goods. All risk will pass to the Customer and no refund shall be given
by the Company for any loss or damage suffered by the Customer.
6.DELIVERY
6.1 Deliveries shall be
made to the property address given by the Customer to the Company. The
Customer assumes all responsibility for the accuracy of the delivery
address and will ensure that the Customer or their representative is
present to sign for the Goods on delivery. The Company is not liable
for any extra carriage charges from the carrier companies used for the
delivery incurred by the Customer if they are not present to accept the
Goods when delivered all these charges will be the responsibility of the
Customer.
6.2 The Customer shall
make suitable provisions from receipt and storage of Goods and the
signature on any delivery note or device by any person holding out to be
the Customer or the Customer’s representative is sufficient evidence
that delivery has taken place it shall not be the responsibility of the
Company to verify the credentials of the person signing for the
delivery.
6.3 Whilst the Company
will use its best endeavours to adhere to any time stated for delivery
any dates quoted for delivery are approximate times only and the Company
shall not be liable for any delay in delivery of the Goods howsoever
caused.
6.4 Title of the Goods
will only pass to the Customer when the Company has received payment in
full of all sums due in connection with the supply of Goods by the
Company to the Customer at any time. In the case of payment by cheque,
bill of exchange or note, title shall not pass to the Customer until the
same is honoured.
7. EXAMINATION
On receipt of the Goods the Customer is deemed to have examined
the Goods carefully and the signing of the delivery note or device is
conclusive evidence that the Customer has examined the same and that
those which the Customer has ordered.
8. DISTANCE SELLING REGULATIONS
You have a right to cancel your order within
seven working days following the day after the date of delivery for any
unused item purchased through the telephone or web site under the
distance selling regulations for refund.
To cancel any item, you can e-mail, fax or write to us quoting your
customer ID number and NH invoice number. You must take reasonable care
of the items, retain all original packaging and must not use them. Goods
must be returned to us within seven days of your notice to cancel. Items
must be returned to the Company. All goods are returned at your own
expense unless the item is deemed faulty or incorrect, where we will
refund the cost on receipt of the goods. Should you require your
unwanted goods to be collected, we will deduct the appointed carriers
direct costs from the refund given.
Providing the goods are received back in an unused condition and in
their original packaging with all accessories, you will receive a refund
within thirty days of your notice to cancel. For your security please
return items recorded delivery with insurance paid as a minimum. This
does not apply to any perishable goods, or item personalised or made to
your specification.
9. RETURNS
9.1 Items made to Customer’s own specifications are NOT returnable as
Customer has signed document before ordering said Goods
making them aware of this fact and solely responsible for all
specifications given.
9.2 No Goods may be returned without the prior authorisation of the
Company.
9.3 Application to the Company for the return of Goods must be made
within seven (7) working days from receipt of Goods by written or hard
declaration (e-mail or letter).
9.4 The Customer is responsible for the return of the Goods from any
part of the world and will bear all carriage costs accordingly unless
the Goods are deemed faulty upon manufacturer’s inspection at the
Company, whereon the Company will refund all reasonable carriage costs.
9.5 If a Customer shall allege that the Goods be defective he shall
submit a written application for the examination of Goods under
complaint to the Company with the Goods in question and on receipt of
the same the Company shall arrange for an examination of the Goods by
the manufacturer of the Goods.
9.6 On receipt of the report from the manufacturer the Company may at
its own discretion make and allowance if the Company considers
appropriate by the issue of a credit note or refund to the Customer
9.7 Goods lost in transit: the Company must be notified within seven
(7) days of the non-arrival of Goods. Failure to do so will result in
an unacceptable claim.
9.8 Goods accepted for return as a result of the Customer’s error
will attract the original delivery costs plus a 30% restocking fee and
any return charges if applicable.
10. LIABILITY
10.1Save where the Company
can be shown to have failed to exercise reasonable care in the supply of
the Goods and such failure results in the death or personal injury the
Company shall not be without prejudice be liable to the Customer for
loss injury or any damage of any kind whatsoever consequential which
result directly or indirectly from the Company’s supply or failure to
supply Goods to the Customer.
11 SUBCONTRACTORS
The Company shall be
entitled without the prior consent of the Customer to subcontract the
whole or any part of the Contract or to employ any independent
contractor to perform its obligations under the contract.
12 FORCE MAJEURE
In the event that the
manufacture or delivery of any of the Goods is prevented or hindered
directly or indirectly by fire, the elements, war, civil commotion,
strikes or lockouts, industrial disputes, acts of terrorism, acts of
God, shortage of raw materials or fuel notwithstanding the Company has
taken all reasonable steps to procure the same, shortage of labour,
break down or partial failure of plant and machinery, late receipt of
the Customers order or other necessary information acts, orders or
regulations of the Government, delay in any part of any independent
subcontractors or supplier, or any other cause whatsoever beyond
reasonable control of the Company then the time for the delivery of the
Goods shall be extended for a reasonable period having regard to the
effect to the delaying cause on the manufacture, delivery or
performance.
13 CHILDREN
The Company does not
sell products for purchase by person or persons under 17 years of age.
14 GOVERNING LAW
These terms and
conditions are governed by and are to be construed in accordance with
the laws of England and Wales. The Customer agrees to submit to the
non-exclusive jurisdiction of the English Courts in the event of any
dispute arising out of or in connection with these terms and conditions.
WARRANTIES
The Factory warranty
constitutes the only warranty with respect to the sale of the goods.
North Hants Tyres hereby expressly disclaim all warranties either
expressed or implied including any implied warranty of merchantability
or fitness for a particular purpose. North Hants Tyres neither assumes
nor authorizes any person to assume for it any liability in connection
with the sale of any goods.
FACTORY GUARANTEE
TYRES
Life of the tyre up to four (4) years from date of sale. Tyre is deemed out
of guarantee at three (3) years or
2mm tread depth. All tyres are returned to the manufacturer for
independent inspection.
CHROME ALLOY / STEEL WHEELS
Six (6) months warranty
on the chrome. Lifetime structural warranty. Manufacturer’s
maintenance instructions must be followed, if these are missing
or lost, please refer to website or contact us
POLISHED ALLOY WHEELS
Twelve (12) months warranty on the polished finish. Lifetime structural warranty.
Manufacturer’s maintenance instructions must be followed, if
these are missing or lost, please refer to website or contact us.
ALL OTHER PRODUCTS AND SERVICES
Are covered by manufacturer’s guarantee.