Terms & Conditons

Standard Terms & Conditions of Sale

1. Interpretation. In these conditions: - 'Buyer' means the person who accepts a quotation of the seller for the sale of Goods or whose order for the goods is accepted by the Seller. 'Goods' means the goods (including any installment of the goods or any parts for them) which the Seller is to supply in accordance with these Conditions 'Seller' means Longstone Tyres, or any associated or subsidiary company of it 'Conditions' means the standard terms & conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms & conditions agreed in writing between the Buyer and the Seller 'Contract' means the contract for the purchase and sale of Goods 'Writing' includes telex, cable, Facsimile transmission and comparable means of communication. Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

2. Basis of Sale The Seller shall sell and the Buyer shall purchase the Goods in accordance with any written quotation of the Seller which is accepted by the Buyer, or any order of the Buyer which is accepted by the Seller, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms & conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.

3. Orders and specifications No order submitted by the Buyer shall be deemed to be accepted by the seller unless and until confirmed in Writing by the Seller's authorised representative. The Buyer shall be responsible to the seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contact in accordance with its terms. The quantity, quality and description of and any specification 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). If the Goods are to be manufactured or any process is to be applied to the Goods by the Seller in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred by the Seller in connection with or paid or to be paid by the Seller in settlement of any claim for infringement of any patent, copyright, design, trade mark, or any other industrial or intellectual property rights of any person which results from the Seller's use of the Buyer's specification. The Seller reserves the right to make any changes in the specification of the Goods which are to conform with any applicable statutory requirements or EC requirements or where the Goods are to be supplied to the Sellers specification, which do not materially affect their quality or performance. 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 the costs of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.

4. Price of the Goods

4.1 The price of the Goods shall be the Seller's quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in the Seller's published price list current at the date of dispatch of the order. Where the Goods are for export from the United Kingdom, the Seller's published export price list shall apply. 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.

4.2 The Seller reserves the right, buy giving notice to the Buyer at any time before the delivery, to increase the price of the Goods to reflect any increase in the costs to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, significant increases in the costs of labour, materials or other costs of manufacture), any change in delivery date, quantities or specifications for the Goods which is requested by the Buyer, or and delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.

4.3 Except as otherwise stated under the terms of any quotation or in any price list of the Seller, and unless agreed in Writing between the Buyer and the Seller, all prices are given on an un-delivered basis, the buyer shall be liable to pay the seller's additional charges for transport, packaging and insurance.

4.4 The price is exclusive of any applicable value added tax, which the Buyer shall be additionally liable to pay the Seller at the prevailing rate applicable at the time of dispatch of the Goods.

5. Terms of payment

5.1 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 dispatch 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 or (as the case may be) the Seller has tendered delivery of the Goods.

5.2 The Buyer shall pay the price of the Goods within (30 days) of the date of the Seller's invoice, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Buyer. The time of payment of the price shall be the essence of the Contract. Receipts for payment will be issued on request.

5.3 If the Buyer fails to make any payment on the due date then, without prejudice to any other rights or remedy available to the Seller, the Seller shall be entitled to cancel the contract or suspend any further deliveries to the Buyer; and charge the Buyer interest (both before and after any judgment) on the amount unpaid, at the rate of 3 percent per annum above the base rate of HSBC Bank PLC from time to time, until payment is made in full (a part of a month being treated as a full month for the purpose of calculating interest.

5.4 Where delivery is made by installments each separate delivery shall constitute a separate order for the purpose of payment.

6. Delivery

6.1 Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by the Seller in Writing. The Goods or any part of them may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer.

6.2 Where the Goods are to be delivered in installments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more installments in accordance with these Conditions or any claim by the Buyer in respect of any one or more installments shall not entitle the Buyer to treat the Contact as a whole as repudiated.

6.3 If the Seller fails to deliver the Goods for any reason other than any cause beyond the Seller's reasonable control or the Buyer's fault, the Buyer shall give written notice to the Seller within seven days of the expected date of the delivery and the Seller's liability shall be limited to the excess (if any) of the costs to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.

6.4 If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of the Seller's fault) than, without prejudice to any other right or remedy available to the Seller, the Seller may store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of the storage; or sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) charge the buyer for any shortfall below the price of the contact.

7. Risk and property

7.1 Risk of damage to or loss of the Goods shall pass to the Buyer;

7.1.1 In the case of Goods to be delivered otherwise than at the Buyer's premises at the time when the Seller notifies the Buyer that the Goods are available for collection; or

7.1.2 In the case of Goods to be delivered at the Buyers premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.

7.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other Goods agreed to be sold by the Seller to the Buyer and previously invoiced whether or not actually delivered.

7.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller's fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller's property, but shall be entitled to re-sell or use the Goods in the ordinary course of its business.

7.4 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), the Seller shall be entitles at any time to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.

7.5 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any rights or remedy of the Seller) forthwith become due and payable.

8. Warranties and liability

8.1 Subject to the conditions set out below the Seller warrants that the Goods will correspond with their specification at the time of delivery which specifications shall be determined by the terms of the Contract and not by any drawings , photographs, illustrations or other descriptive matter accompanying the Seller's estimates or contained in any advertising matter.

8.2.1 the Seller shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer.

8.2.2 The Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller's instructions ( whether oral or in writing) misuse or alteration or repair of the Goods without the Seller's approval.

8.2.3 The Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment;

8.2.4 The above warranty does not extend to parts, materials or equipment not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller.

8.3 Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) a;; warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.