1. Applicability of terms. These are Top Gear Trading Ltd Standard Terms of business which apply to all work that TGT ltd carries out. By instructing us to proceed, you accept these terms which are subject and comply with the unfair contract terms act 1977.
2. Charges and payment. Where no price has been agreed we will charge you a reasonable price depending upon the works or goods involved. We will charge VAT where appropriate. This may not be shown on the quotation. We will charge for all preliminary work, which is produced at your request. We may change extra to cover additional work not included in the original contract. Payment for work is due 30 days monthly account (end of following month). Overdue accounts will carry interest on the amount outstanding from the time to time at 8% above the current Bank of England base rate, in accordance with the Late Payment of Commercial Debts (interest) Act 1998. Unless we state otherwise carriage will be charged extra.
2.1 Top Gear Trading Ltd must be notified in writing of all invoice and payment disputes within 28 days of date of invoice. If no letter is received then full payment will be required.
3. Retention of Title (all monies clause) The risk in the goods shall pass from the seller to the buyer upon delivery of such goods to the buyer, however not withstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the buyer until the seller has received in cash or cleared funds payment in full for all goods delivered to the buyer under this and all other contracts between the seller and the buyer for which payment for the full price of the goods there under has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contract s between the seller and the buyer under which the goods were delivered.
4. Transfer of risk. Risk in the goods passes to the purchaser immediately upon delivery thereof and not at the same time as property or title in the goods passes to the purchaser. The purchaser shall be solely responsible for insuring the goods immediately upon delivery thereof.
5. Quality of goods supplied. Goods supplied by us shall be of merchantable quality fit for their intended purpose in accordance with the Sale of Goods Acts 1979. No further or other obligation is undertaken as to the description quality or fitness of goods supplied.
6. Quality of Work Done. Except where otherwise agreed we promise to exercise reasonable care in carrying out your instructions and (in so far as instructed) in giving advice to you. Save as set out above we shall have no further or other obligation or liability in respect of the work carried out or in respect of any omission or default in relation thereto.
7. Time. We always make every effort to deliver goods and to perform work within the time that is stated or requested but time is not of the essence.
8. Your property. Although we always aim to take reasonable care we do not accept legal liability arising from any loss or damage to it. All your property is held at your risk.
9. General Limitation of liability. Except as expressly stated we cannot be expected to and do not undertake liability to you for losses which might be incurred through delay for performance or non performance and further we do not insure against such loss. All liability for such losses is therefore excluded. Claims arising from damage from damage delay or partial loss of goods in transit must be made in writing to the carrier and us as to arrive within three days of delivery and claims for non delivery within twenty eight days of despatch of the goods. All other claims must be made within ten days of delivery. We shall not be liable for interest or sub-sequential loss or for any loss to you arising from third party claims whether arising out of the order or by delay in delivery.
10. Illegal matter. You warrant to us that your material does not contain anything which would infringe copyright or which is defamatory or obscene or the reproduction of which is in any way contrary to the law. We reserve the right in our sole discretion to refuse to deal with any such material. If we do produce any such material then you will indemnify us in respect of all claims costs and expenses arising from the production of it.
11. Insolvency. If you cease to pay monies due to us or if you have a Winding Up Petition issued against you or if you commit an act of bankruptcy or have a Bankruptcy Petition issued against you then without prejudice to any other remedies we have the right not to proceed further with the contract or any other work carried out (whether completed or not) and for all materials purchased for you: this is to be an immediate debt due from you to us. We shall also have a general lien on all goods and property in our possession whether worked on or not and we shall be entitled on the expiration of 14 days written notice to you to dispose of such goods and property in such manner and at such price as we think fit and to apply the proceeds towards such debts.
12. Force Majeure. While we will make every effort to carry out this contract nevertheless if we cannot do so because of Act of God, war, strike, lock out or other labour dispute, fire, flood, drought, legislation or other cause beyond our control then we shall not be liable to pay you damages.
13. Cancellation. Should it become necessary for either of us to cancel an order after acceptance of our estimate then all costs incurred to date together with any consequent claims from our suppliers shall become payable by you.
14. Storage of goods. We will keep any or all customer items for 3 months after completion. After 3 months we may sell or destroy the aforementioned goods to recoup our costs.
15. The English law. The proper Law governing the contract will be English law.
16. Warranty. Fully painted wheels and stainless steel finished are warranted for one year from date of purchase. Machined/lacquered finishes are warranted for 6 months from the date of purchase against corrosion and manufacturing defects. All warranties are void if wheels have been subjected to any form of neglect or chemical attack. Wheels should be cleaned on a regular basis with warm water, a mild non abrasive detergent and a soft cloth. Any build up of brake dust must be removed immediately.
