Terms and Conditions
Barlow Trailers Ltd
Denizes Farm, Southport Road,
Ulnes Walton, Leyland, Lancs, PR26 8LP
GENERAL STANDARD TERMS AND CONDITIONS OF SALE FOR END USER CONSUMERS
These conditions apply to the sale and purchase of goods, when you are purchasing such goods as an end user consumer directly from Barlow Trailers Ltd.
1. Contract Formation
1.1 Website/Telephone/Email/Fax/Mail Orders
Where you have ordered the goods via the website, by telephone, by mail order or by sending us an email or facsimile, your order is an offer by you to us to purchase the goods subject to these conditions. The issue by us of our order acknowledgement will constitute our acceptance of your order.
The contract for the sale by us of the goods to you (the “Contract”) is formed when we issue our order acknowledgement or invoice to you (whichever is applicable).
2.1 In the case of orders via the website, by telephone, mail order, email or facsimile:
(a) If the goods are to be made to your specifications or to be customised, once the Contract has been formed you may not cancel the Contract or change the goods;
(b) In all other cases, you may cancel the Contract or your order by giving us notice in writing to the address set out at the top of these conditions at any time on or before seven working days from the date of delivery by us or collection by you of the goods. You will be responsible for the cost of returning the goods to us or the cost of our recovery of the goods. You are under an obligation to ensure that, pending return or recovery, you take reasonable care of the goods and that they are returned to us in the same condition as when they where delivered to or collected by you.
3. Price And Payment
3.1 The Price
The price of the goods is the price stated overleaf (the “Price”). The price is inclusive of VAT.
In all cases, unless we agree otherwise, the Price will be payable prior to delivery or collection of the goods. Where we agree that different payment terms will apply, the Price will be payable by you on the date(s) agreed. Time for payment of the Price will be of the essence of the contract.
3.3 Interest on Late Payments
Without prejudice to any other remedy to which we may be entitled whether under these conditions or at law, we will have the right to charge you interest on any overdue amounts from the date payment fell due until the date payment is made at the rate of interest in force on the date payment fell due pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 (the “Act), together with the fixed compensation payable under the Act.
4. Delivery and Risk
4.1. We will charge you for the cost of delivery at our standard rates applicable at the relevant time; and any delivery dates provided by us will be estimates only and you will not be entitled to refuse to accept late delivery or treat late delivery as a breach of contract by us.
4.2 If collecting the goods from our premises specified overleaf you must collect within ten (10) days of the date in which we notify you that the goods are ready for collection.
4.3 If you are unable to collect or take delivery of the goods (as the case may be) on the relevant date, we may agree to postpone collection or delivery provided that you agree to pay any storage and insurance cost incurred by us as a result. If we agree to store the goods the will stored at your risk and we shall not be liable for any theft, loss or damage to the goods during that time.
5. Ownership Of The Goods
5.1 Ownership of the goods will pass to you once we have received payment in full in cleared funds of the Price together with any delivery charges which may be payable by you.
5.2 Should you:
a) Become insolvent prior to payment in full in cleared funds of the Price and delivery charges without prejudice to any other remedies to which we may be entitled whether under these conditions or at law, we or any person authorised by us shall have the right to enter upon your premises to repossess the goods and you hereby irrevocably authorise us and/or our authorised representative to enter upon your premises for such purpose.
6. Limitations On Our Liability And Your Indemnity
6.1 Nothing in any of these conditions:
a) Limits our liability under Part 1 of the Consumer Protection Act 1987 or for death or personal injury, (which for the avoidance of doubt does not include death or injury to animals) caused by our negligence; or
b) Affects your rights under Sections 12 to 15 of the Sale Of Goods Act 1979 (as amended) or any other statutory rights which you have as a consumer.
6.2 Where the goods are made to your design or specification:
a) We shall not be responsible for any defect in the design of the goods or any failure of the goods to be fit for purpose; and
b) You will indemnify us against any loss or claim whatsoever arising as a result of the goods being made to your design or specification, including claims that such goods infringe others’ intellectual property rights.
6.3 We shall not be liable to you for:
a) Any statement made (unless fraudulent): or
b) Any indirect, special or consequential loss, costs or expenses arising out of or in connection with the supply of goods.
6.4 Save in respect of death or personal injury (which for the avoidance of doubt, does not include death of or injury to animals) caused by our negligence, our entire liability under or in connection with the Contract shall not in any event exceed the price.
7.1 The guarantee set out below (the “Guarantee”) is an addition to your statutory rights as a consumer. If your prefer, you may rely on your statutory rights rather than make a claim under the Guarantee [in which case you may be able to choose whether to have faulty goods repaired, replaced or have a refund.]
7.2 Subject to the provisions set out below, we guarantee new goods in respect of defects due to faulty workmanship or materials for a period of twelve (12) months from the delivery or collection (the Guaranteed Period).
7.3 Subject to the provisions set out below, we guarantee used goods in respect of defects due to faulty workmanship or materials for a period of either three (3) months or six (6) months from the delivery or collection (the Guaranteed Period).
7.4 In order to take advantage of the Guarantee you must:
a) Notify us in writing at the address set out at the start of these conditions within fourteen days of the discovery of a defect or failure giving us particulars and permitting us to inspect the goods; and
b) Where the goods purchased by you is a trailer, complete and return the Trailer Registration card within two (2) weeks of the date of collection or delivery of the goods (as applicable) and notify us of all changes of your address within two (2) weeks of such a change.
If you do not comply with these requirements we shall have no obligations under the Guarantee.
7.4 During the Guarantee Period we will (at our option) repair and/or replace the goods or any part of them, which prove to be defective due to faulty materials or workmanship. However, we will not be responsible for any damage caused to the goods as a result of:
a) Normal wear and tear
b) Wilful or accidental damage
c) Your negligence
e) Failure to follow our instructions for the care or maintenance of the goods;
f) Alteration or repair of the goods by someone other than us; or
g) The actions of animals being transported.
Where the goods are purchased from stock we shall not be responsible for any defects, which we drew to your attention before the formation of the Contract between us.
7.5 Following notification of a defect we will use all reasonable efforts to inspect and/or repair and/ or replace the defective goods or parts within a reasonable time. You must not arrange for a third party to carry out any repairs without our consent. If you do so this will invalidate the Guarantee. It is the purchaser’s/consumer’s responsibility to return the goods to our premises at the purchaser’s/consumer’s expense.
8. Intellectual Property
Between us and you all intellectual property in or relating to the goods and any packaging or literature supplied by us to you belongs to us.
9. Force Majeure
If we are unable to perform any of our obligations under the Contract by reason of any event or circumstance beyond our control including for example non-availability of materials or other items from our suppliers, such failure shall not be regarded as a breach of our obligations and we shall be entitled to suspend performance of those obligations and/or the Contract until such time (if any) as we shall be able to perform such obligations.
Without prejudice to any other rights which may be available to us whether under these conditions or at law, if you:
a) Breach any of the provisions of the Contract; or
b) Become insolvent
We shall have the right to terminate the Contract on giving you written notice.
These conditions and the Contract shall be governed by and construed in accordance with the laws of England and Wales.
These conditions can only be amended or varied by written agreement between us.