Terms & Conditions
1. “Company” means Thomas Auto Injection Centre Limited
“the Parts” means the motor vehicle spare part or parts supplied by the Company for the customer.
“the Price” shall be the Company’s quoted price.
2.i. These Conditions shall apply to all contracts for work to be carried out by the Company for the Customer to the exclusion of all other terms and conditions including any terms and conditions, which the Customer may purport to apply under any purchase order, confirmation of order or similar document.
2.ii. Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Company.
3. The Price is exclusive of VAT, which shall be due at the rate ruling on the date of the Company’s invoice.
4.i. Payment must be made when the parts are collected except where credit facilities have been granted by the Company to the customer.
4.ii. Where credit facilities have been agreed, payment of the Price and VAT shall be due and payable within 30 days of the end of the month following the date of the Company’s invoice.
4.iii. Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at the rate of 4% above Barclays Bank Plc’s Base Rate from time to time in force and shall accrue at such rate as well after as before any Judgement.
4. The customer shall be responsible for checking that the Parts supplied are the ones required. If the customer returns, undamaged, the parts supplied within 5 days of delivery the Company will at its discretion either replace it or refund the price. This may be subject to a handling charge.
6. In the event of any breach by the Company of its obligations.
6.i. The Company shall be under no liability whatever to the customer for any indirect loss and/or expense (including loss of profit) suffered by the customer arising out of a breach by the Company of this Contract.
6.ii. The remedies of the customer shall be limited to damages. Under no circumstances shall the liability of the Seller exceed the Price of the Parts.
7. Retention of Title.
7.i. The Parts shall be at the customer’s risk as from delivery.
7.ii. In spite of delivery having been made, property of the Parts shall not pass from the Company until;
(a) the customer shall have paid the Price plus VAT in full and;
(b) no other sums whatever shall be due from the customer to the Company.
7.iii. Until the property in the Parts passes to the customer in accordance with 7.i. above, the customer shall hold the parts and each of them on a fiduciary basis as bailee for the Company. The customer shall store the Parts (at no cost to the Company) separately from all other goods in the customer’s possession and marked in such a way that they are clearly identified as the Company’s property.
7.iv. The Company shall be entitled to recover the Price plus VAT and interest and charges payable notwithstanding that the property in any of the Parts has not passed from the Company.
7.v. Notwithstanding that the Parts (or any of them) remain the property of the Company, the customer may sell or use the Parts in the ordinary course of the customer’s business at full market value for the account of the Company. Any such sale or dealing shall be a sale or use of the Company’s property by the customer on the customer’s own behalf, and the customer shall deal as principal when making such sales or dealings. Until property in the goods passes from the Company, the entire proceeds of sale or otherwise of the Parts shall be held in trust for the Company, and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as the Company’s money.
7.vi. Until such time as property in the Parts passes from the Company, the customer shall upon request deliver up such of the Parts as have not ceased to be in existence or resold to the Company. If the customer fails to do so, the Company may enter upon any premises owned, occupied or controlled by the customer where the Parts are situated and repossess the Parts. On making of such a request, the rights of the customer under Clause 7(v) shall cease.
7.vii. The customer shall not pledge or in any way charge by way of security for any indebtedness any of the Parts, which are the property of the Company. Without prejudice to the other rights of the Company, if the customer does so, all sums whatever owing by the customer to the Company shall forthwith become due and payable.
7.viii. The customer shall insure and keep insured the Parts to the full Price against “all risks” to the reasonable satisfaction of the Company until the date that property in the Parts passes from the Company, and shall whenever requested by the Company produce a copy of the Policy of Insurance. Without prejudice to the other rights of the Company, if the customer fails to do so, all sums whatever owing by the customer to the Company shall forthwith become due and payable.
8. This Agreement shall be governed by and construed in accordance with the Law of England and Wales and each party agrees to submit to the exclusive jurisdiction of the Courts of England and Wales.