No goods or services will be supplied by Fuel Parts UK
Ltd (hereafter called the Seller) on any terms other than
the conditions stated below.
PRICE
1.The contract price is exclusive of Value Added Tax,
which will be charged at the rate applicable at the
date of invoice.
The price of each consignment of goods will be either
the Sellers list price published on the date on which
that consignment is dispatched to the Buyer or if a
different price is agreed in writing then that different
price.
The seller is entitled to adjust the contract price
of the goods whether before or after making the contract
in the event of any variation in the cost to the Seller
of supplying the same or any part caused by:-
· Any increase in the cost of materials, services,
wages, manufacturing costs and other overheads required
by the Seller for completion of the contract.
· Any other reason beyond the control of the
Seller including exchange rate fluctuations, the action
of any government or any other authority or any labour
problems.
DELIVERY
Delivery of each consignment of goods shall be made
to the place designated by the Buyer when placing the
order except in circumstances where ex works prices
have been negotiated, provided the Seller is entitled
to withhold delivery of goods until the Buyer has paid
all sums then due to the seller.
The Seller will not be liable to the Buyer for any loss
or damage (whether direct, indirect or consequential)
sustained by the Buyer as a result of any delay in delivery
or dispatch of the goods where such delay is caused
by strikes, lock-outs, lack of instructions from the
Buyer, failure of the Sellers suppliers to fulfill their
obligations or any other cause beyond the Sellers reasonable
control.
Requests for proof of delivery can only be accepted
up to 14 days from the date of the statement on which
the transaction first appears.
CARRIAGE - A standard carriage charge will be charged
on all orders, unless agreed in writing by the Seller
PAYMENT TERMS.
For sales to customers in the United Kingdom payment
shall be made by the Buyer not later than 30 days following
month in which the Sellers invoice is dispatched to
the Buyer, unless otherwise agreed in writing. If part
or the whole of said purchase price is outstanding after
the due date for payment the Seller shall be entitled
to charge compound interest in accordance with the Late
Payment of Commercial Debts (interest) Act 1998 until
the sum due is paid. For export sales payment shall
be as agreed in writing between the Seller and the individual
Buyer.
Where any sum owed by the Buyer to the Seller under
this, or any other contract, is overdue the Seller may
withhold any deliveries of goods due to be made under
this contract until arrangements as to payment or credit
have been established, which are satisfactory to the
Seller.
CREDITS/CANCELLATION OF ORDERS
Returns can only be allowed on normal stock lines with
a Returns Authorisation Number. For this you must first
contact us quoting the invoice/advice note number, part
number(s) and reason for return.
Handling charges and carriage charges may be applied
by the Seller if goods are:
· No Longer required by the Buyer
· Cancelled by the Buyer
· Incorrectly ordered by the Buyer
· Or any other reasons outside of the control
of the Seller.
· Core returns for surcharge credit will only
be accepted if received within 6 months of the original
invoice date.
RETENTION OF TITLE
Property in, or title to goods, and materials supplied
by the Seller shall not pass to the buyer until all
monies due and owing from the buyer to the Seller on
any account, have been paid in full.
Until such time as the full price of all such goods
has been paid:-
They shall be held by the Buyer in trust and stored
by the Buyer at its premises in such a manner that they
can be clearly identifiable as the goods of the Seller
and shall be kept separate from any other goods whether
or not supplied by the Seller.
They shall be handed over to the Seller on demand and
the Seller shall be entitled to re-take possession of
them without prejudice to any other rights against the
Buyer. The Seller is by this clause, granted a license
to enter into the Buyers premises for the purpose of
recovering the goods.
WARRANTY
The Seller warrants that the goods shall at the time
of delivery be free from defects in workmanship and
materials. If any goods do not conform to this warranty
the Seller will at its option:-
Replace the goods found not to conform to the warranty,
or
Take such steps as the Seller deems necessary to bring
the goods into a state where they are free from such
defects: or
Take back the goods found not to conform to the warranty
and refund the appropriate part of the purchase price.
Provided that:The liability of the Seller shall in no
event exceed the purchase price of the goods, and
The performance of any of the above options shall constitute
an entire discharge of the Sellers liability under this
warranty, and the Seller shall be under no liability
whatsoever under this agreement if the goods delivered
by the Seller correspond to a sample which has been
producted to the Buyer for examination by the Buyer.
The foregoing warrant is conditional to:
The buyer giving written notice to the Seller of the
alleged defect in goods within 14 days of the time when
the Buyer discovers the defect. The Buyer, affording
the Seller a reasonable opportunity to inspect the goods
and if so requested by the Seller returning the allegedly
defective goods to the Sellers works, carriage pre-paid
for inspection and testing to take place.
As per the Sale Of Goods Act 1979:
All conditions and warranties, express or implied as
to the quality of fitness for any purpose of the goods
are by this clause expressly excluded and
The Seller shall be under no liability for any loss
or damage (whether direct, indirect or consequential)
howsoever arising which may be suffered by the Buyer.
FORCE MAJEURE
The Seller has the right to cancel or reduce the goods
delivered if it is prevented from or hindered in delivery
of the goods through circumstances beyond its control
including (but not limited to) fire, war, industrial
action, or prohibition or enactment of any kind, without
incurring any liability for any resulting loss or damage.