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Terms of Payment
1.1 Subject
to any special terms agreed in writing between the
buyer and the seller, the seller shall be entitled
to invoice the buyer for the price of the goods
on or at any time after delivery of the goods, unless
the goods are to be collected by the buyer or the
buyer wrongfully fails to take delivery of the goods,
in which event the seller shall be entitled to invoice
the buyer for the price at any time after the seller
has notified the buyer that the goods are ready
for collection (as the case may be) the seller has
tendered delivery of the goods.
1.2 The buyer shall pay the price of the goods (less
any discount to which the buyer is entitled, but
without any other deduction) within 30 days of the
date of the sellers invoice, notwithstanding that
delivery may not have taken place and the property
in the goods has not passed to the buyer. The time
for payment of the price shall be the essence of
the contract.
1.3 Where the
goods are supplied for export from the United Kingdom,
the buyer shall pay in sterling the full amount
including any agreed shipping costs by bank transfer
directly to the sellers bank account. The buyer
must pay all bank charges for such a transaction
- not doing so will delay export. On clearance of
such funds and the receiving of relevant shipping
information (See VAT), the goods will be released
for export.
Orders and Specifications
2.1 The buyer shall be responsible
to the seller for ensuring the accuracy of the terms
of any order submitted by the buyer and for giving
the seller any necessary information relating to
the goods within sufficient time to enable the seller
to perform the contract in accordance with its terms.
2.2 The quantity, quality and description
of and any specifications for the goods shall be
those set out in the seller's quotation (if accepted
by the buyer) or the buyer's order (if accepted
by the seller).
2.3 The
seller reserves the right to make any changes in
the specification of the goods which are required
to conform with any applicable safety or other statutory
requirements.
2.4 No order
which has been accepted by the seller may be cancelled
by the buyer except with the agreement in writing
of the seller and on terms that the buyer shall
indemnify the seller in full against all loss (including
loss of profit), costs (including all cost of all
labour and materials used), damages, charges and
expenses incurred by the seller as a result of the
cancellation.
Price of the Goods
3.1 The price of the goods shall
be the seller's quoted price or, where no price
has been quoted (or the quoted price is no longer
valid), the price listed in the seller's 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 buyer, after which
time they may be altered by the seller without giving
notice to the buyer.
Bankruptcy
4.1 The
intending purchaser acknowledges that before entering
into any agreement or order for the purchase or
delivery of any goods from Owen Developments (UK)
Ltd, that he is deemed to have made a fresh representation
on each and every occasion 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 to appoint a receiver, present
a petition for the winding up of the company, or
to exercise any other rights over or against his
company's assets.
Risk
5.1 The goods ordered shall be
at the risk of the intending purchaser as soon as
they are delivered to his premises or otherwise
to his order.
Title
6.1 All goods ordered shall remain
the sole and absolute property of Owen Developments
(UK) Ltd as legal and equitable owners until paid
for in full.
Loss of Right Possession
7.1 The intending purchaser's right
to possession of the goods pending payment shall
cease immediately if he, not being a company, commits
an act of bankruptcy or if, being a company, he
does anything or fails to do anything which would
entitle a receiver to take possession of any assets
which would entitle any person to present a petition
for the liquidation or winding up of the company.
Further, Owen Developments (UK) Ltd is hereby authorised
to enter upon any premises where goods are stored
or where Owen Developments (UK) Ltd may reasonably
think that may be stored for any action under this
clause.
Cash Sales
8.1 Goods will only be released
after payment has been made and funds cleared.
VAT
9.1 All sales in the UK will be subject to VAT and the
prevailing rate. VAT will also be applied to European
and Worldwide sales unless the appropriate regulations
are applied with.
Warranty Against
Manufacturing Defects
10.1 Without detriment to the purchaser's rights of law,
all products sold will be investigated on an individual
basis. Many, but not all products sold by Owen Developments
(UK) Ltd are covered by a 12 month or 12000 mile
(whichever is the soonest) against manufacturing
defect warranty. There are no warranty provisions
on any goods or products used in or related to Motorsport
and associated activities.
Purchaser
Claims
11.1 Any claim
relating to goods delivered or supplied, must be
made in writing promptly and in any event, within
48 hours of the event giving rise to the claim.
Authority to Waive or Alter Terms and
Conditions
12.1 No
one other than the Directors of Owen Developments
(UK) Ltd has the right or authority to waive, alter
or vary the Terms and Conditions of Business or
make any claim or representation or transact any
business at variance with them.
Disputes
13.1 All disputes or disagreements,
which cannot be resolved by negotiation, will be
settled by UK legislation. All legal matters will
be dealt with in accordance with the law and statutes
in the United Kingdom as directed by Owen Developments
(UK) Ltd.
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