Terms & Conditions of Sale
1. Interpretation
1.1 In these conditions the following words have the following meanings:
- the Buyer: the person(s), firm or company who purchases the Goods from
the Company;
- the Company: Scooter Care (trading as Scooter Care)
- Contract: any contract between the Company and the Buyer for the sale and
purchase of the Goods, incorporating these Conditions;
- Delivery Point: the place where delivery of the Goods is to take place
under condition 4;
- Goods: any goods agreed in the Contract to be supplied to the Buyer by
the Company (including any part or parts of them).
1.2 In these conditions references to any statute or statutory provision shall,
unless the context otherwise requires, be construed as a reference to that statute
or statutory provision as from time to time amended, consolidated, modified, extended,
re-enacted or replaced.
1.3 In these conditions references to the masculine include the feminine and the
neuter and to the singular include the plural and vice versa as the context admits
or requires.
1.4 In these conditions headings will not affect the construction of these conditions.
2. Application of Terms
2.1 The Contract will be on these conditions to the exclusion of all other terms
and conditions (including any terms or conditions which the Buyer purports to apply
under any purchase order, confirmation of order, specification or other document).
2.2 Each order for Goods by the Buyer from the Company shall be deemed to be an
offer by the Buyer to purchase Goods subject to these conditions.
2.3 Confirmation of the Buyers order is the Company�s acceptance of that offer.
We do not have to accept the Buyers offer.
2.4 The Buyer must ensure that the terms of its order and any applicable specification
are complete and accurate.
2.5 Any quotation is given on the basis that no contract will come into existence
until the Company despatches an acknowledgement of order to the Buyer. Any quotation
is valid for a period of 30 days only from its date, provided that the Company has
not previously withdrawn it.
2.6 The Company will Email a copy of these conditions to the Buyer, at the Email
address that the Buyer has provided on the order form, when the Company confirms
the Buyers order.
3. Description
3.1 All drawings, descriptive matter, specifications and advertising issued by the
Company and any descriptions or illustrations contained in the Company's advertisements
or brochures are issued or published for the sole purpose of giving an approximate
idea of the Goods described in them. They will not form part of this Contract.
3.2 If any Goods are not available, we will provide substitutes. If you are not
happy with the substitutes you must tell us within 7 days, we will then explain
how to return them (at our expense) and the Contract will be cancelled.
4. Delivery
4.1 Delivery of the Goods shall take place at the address the Buyer has provided
on the order form. Unless otherwise agreed in writing by the Company, the Company
will only deliver to an address registered within the United Kingdom.
4.2 Any dates specified by the Company for delivery of the Goods are intended to
be an estimate and time for delivery shall not be made of the essence by notice.
If no dates are so specified, delivery will be within a reasonable time.
4.3 Subject to the other provisions of these conditions the Company will not be
liable for any direct, indirect or consequential loss (all three of which terms
include, without limitation, loss of profits, loss of business, depletion of goodwill
and like loss), costs, damages, charges or expenses caused directly or indirectly
by any delay in the delivery of the Goods (even if caused by the Company's negligence),
nor will any delay entitle the Buyer to terminate or rescind the Contract unless
such delay exceeds 30 days.
4.4 If for any reason the Buyer will not accept delivery of any of the Goods when
they are ready for delivery, or the Company is unable to deliver the Goods on time
because the Buyer has not provided appropriate instructions, address, or no-one
is available to accept delivery, then:
4.5 If for any reason the Buyer will not accept delivery of any of the Goods when
they are ready for delivery, or the Company is unable to deliver the Goods on time
because the Buyer has not provided appropriate instructions, documents, licences
or authorisations:
(a) all risk in the Goods will pass to the Buyer;
(b) the Goods will be deemed to have been delivered; and
(c) the Company may store the Goods until delivery, where upon the Buyer will be
liable for all related costs and expenses (including, without limitation, storage
and insurance).
5. Non-Delivery
5.1 The quantity of any consignment of Goods as recorded by the Company upon despatch
from the Company's place of business shall be conclusive evidence of the quantity
received by the Buyer on delivery unless the Buyer can provide conclusive evidence
proving the contrary.
5.2 The Company shall not be liable for any non-delivery of Goods, unless written
notice is given to the Company within 7 days of the date when the Goods would in
the ordinary course of events have been received.
5.3 Any liability of the Company for non-delivery of the Goods shall be limited
to replacing the Goods within a reasonable time or issuing a credit note at the
pro rata Contract rate against any invoice raised for such Goods.
6. Title
6.1 Ownership of the Goods shall not pass to the Buyer until the Company has received
in full (in cash or cleared funds) all sums due to it in respect of:
(a) the Goods; and
(b) all other sums which are or which become due to the Company from the Buyer on
any account.
7. Price
7.1 Unless otherwise agreed by the Company in writing the price for the Goods shall
be the price shown on the Company's Website, published on the date the Company confirms
the Buyers order.
7.2 The total invoice price for the Goods will include the cost of delivery to a
UK address.
8. Payment
8.1 Payment is due by any of the methods described on the Company Website at the
date the Buyer places their order.
8.2 No payment shall be deemed to have been received, until the Company has received
cleared funds.
8.3 All payments payable to the Company under the Contract shall become due immediately
upon termination of this Contract despite any other provision.
9. Quality
9.1 The Company warrants that (subject to the other provisions of these conditions)
upon delivery, the Goods will:
(a) be of satisfactory quality within the meaning of the Sale of Goods Act 1994;
(b) be reasonably fit for their purpose; and
(c) be reasonably fit for any particular purpose for which the Goods are being bought,
if the Buyer had made known that purpose to the Company in writing and the Company
has confirmed in writing that it is reasonable for the Buyer to rely on the skill
and judgement of the Company.
9.2 The Company shall not be liable for a breach of any of the warranties in condition
(a) the Buyer gives written notice of the defect to the Company, and (if the defect
is as a result of damage in transit) to the carrier, within 7 days of the time when
the Buyer discovers or ought to have discovered the defect; and
(b) the Company is given a reasonable opportunity after receiving the notice of
examining such Goods and the Buyer (if asked to do so by the Company) returns such
Goods to the Company's place of business at the Buyer's cost for the examination
to take place there.
9.3 The Company shall not be liable for a breach of any of the warranties in condition
9.1 if:
(a) the Buyer makes any further use of such Goods after giving such notice; or
(b) the defect arises because the Buyer failed to follow the Company's oral or written
instructions as to the storage, installation, commissioning, use or maintenance
of the Goods or (if there are none) good trade practice; or
(c) the Buyer alters or repairs such Goods without the written consent of the Company.
9.4 Subject to conditions 9.2 and 9.3, if any of the Goods do not conform with any
of the warranties in condition 9.1 the Company shall at its option repair or replace
such Goods (or the defective part) or refund the price of such Goods at the pro
rata Contract rate provided that, if the Company so requests, the Buyer shall, at
the Buyer's expense, return the Goods or the part of such Goods which is defective
to the Company.
9.5 If the Company complies with condition 9.4 it shall have no further liability
for a breach of any of the warranties in condition 9.1 in respect of such Goods.
10. Limitation of Liablity
10.1 Subject to condition 9, the following provisions set out the entire financial
liability of the Company (including any liability for the acts or omissions of its
employees, agents and sub-contractors) to the Buyer in respect of:
(a) any breach of these conditions; and
(b) any representation, statement or tortious act or omission including negligence
arising under or in connection with the Contract.
10.2 All warranties, conditions and other terms implied by statute or common law
(save for the conditions implied by section 12 of the Sale of Goods Act 1979) are,
to the fullest extent permitted by law, excluded from the Contract.
10.3 Nothing in these conditions excludes or limits the liability of the Company
for death or personal injury caused by the Company's negligence or fraudulent misrepresentation.
10.4 Subject to conditions 10.2 and 10.3:
(a) the Company's total liability in contract, tort (including negligence or breach
of statutory duty), misrepresentation, restitution or otherwise, arising in connection
with the performance or contemplated performance of this Contract shall be limited
to the price paid under the Contract; and
(b) the Company shall not be liable to the Buyer for any indirect or consequential
loss or damage (whether for loss of profit, loss of business, depletion of goodwill
or otherwise), costs, expenses or other claims for consequential compensation whatsoever
(howsoever caused) which arise out of or in connection with the Contract.
10.5 If the circumstance in question continues for a continuous period of more than
30 days, the Buyer can give the Company written notice to end the Contract.
11. Right to Cancel
11.1 If the Buyer wishes to cancel the Contract, the Buyer must notify the Company
in writing within 7 working days of receipt of the Goods. The Buyer must return
the Goods to the Company at the Buyers expense. On the satisfactory receipt of the
Goods, the Company will refund the price paid for the Goods.
12. Force Majeure
The Company reserves the right to defer the date of delivery or to cancel the Contract
or reduce the volume of the Goods ordered by the Buyer (without liability to the
Buyer) if it is prevented from or delayed in the carrying on of its business due
to circumstances beyond the reasonable control of the Company including, without
limitation, acts of God, governmental actions, war or national emergency, acts of
terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs,
strikes or other labour disputes (whether or not relating to either party's workforce),
or restraints or delays affecting carriers or inability or delay in obtaining supplies
of adequate or suitable materials provided that, if the event in question continues
for a continuous period in excess of 30 days, the Buyer shall be entitled to give
notice in writing to the Company to terminate the Contract.
13. General
13.1 Each right or remedy of the Company under the Contract is without prejudice
to any other right or remedy of the Company whether under the Contract or not.
13.2 If any provision of the Contract is found by any court, tribunal or administrative
body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable,
unenforceable or unreasonable it shall to the extent of such illegality, invalidity,
voidness, voidability, unenforceability or unreasonableness be deemed severable
and the remaining provisions of the Contract and the remainder of such provision
shall continue in full force and effect.
13.3 Failure or delay by the Company in enforcing or partially enforcing any provision
of the Contract will not be construed as a waiver of any of its rights under the
Contract.
13.4 Any waiver by the Company of any breach of, or any default under, any provision
of the Contract by the Buyer will not be deemed a waiver of any subsequent breach
or default and will in no way affect the other terms of the Contract.
13.5 The parties to this Contract do not intend that any term of this Contract will
be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by
any person that is not a party to it.
13.6 The formation, existence, construction, performance, validity and all aspects
of the Contract shall be governed by English law and the parties submit to the exclusive
jurisdiction of the English courts.
14. Communications
14.1 All communications between the parties about this Contract that are made by
Email, or by posting on the Company Website, satisfy any legal requirement that
such communication is in writing.
14.2 The Company agrees that any communication that the Buyer must make in writing
(under these conditions) may be made to the Company at enquiries@scooter-care.co.uk
or by post to Scooter Care, 130 Dynevor road, Skewen, Neath, SA10 6TH.
14.3 Communications shall be deemed to have been received:
(a) if sent by pre-paid first class post, 2 days (excluding Saturdays, Sundays and
bank and public holidays) after posting (exclusive of the day of posting);
(b) if delivered by hand, on the day of delivery;
(c) if sent by Email on a working day prior to 4.00 pm, at the time of transmission
and otherwise on the next working day.
15. Online Materials
a) The materials published on the Company Website are solely for the Buyers personal
and non-commercial use.
(b) The Company Website is controlled and operated by us from the Company premises
at 130 Dynevor road, Skewen, Neath.
(c) The Company does not control or endorse any content supplied by third parties.
(d) Any content from third parties is published in good faith. The Company is not
responsible for its accuracy or for its use, except where it relates directly to
the Goods.
The Buyer accepts all responsibility for their use of the Company Website and any
information it contains.
By registering with the Company or by placing an online order the Buyer agrees to
be legally bound by the Company Terms and Conditions.