© Goodyear & Sons all rights reserved

Website constructed and managed by

360 Web Management

E: enquiries@goodyearandsons.co.uk

T: 01244 533 582 / 520 678


Share on Facebook Share on Twitter Share on Stumble Upon Share on LinkedIn Share on Google Bookmarks

CREDIT APPLICATION T&C’S

J & RR Goodyear & Sons Ltd – Terms & Conditions of Trade © Copyright – EC Credit Control Ltd - 2010

 

1. Definitions

1.1 “J & RR” shall mean J & RR Goodyear & Sons Ltd, its successors and assigns or any person acting on behalf of and with the authority of J & RR Goodyear & Sons Ltd.

1.2 “Client” shall mean the person or entity described as such on the invoices, application for credit, quotation, work authorisation or any other forms to which these terms and conditions apply, and shall include any person acting on behalf of and with the authority of such person or entity.

1.3 “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Client on a principal debtor basis.

1.4 “Goods” shall mean Goods supplied by J & RR to the Client (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by J & RR to the Client.

1.5 “Services” shall mean all Services supplied by J & RR to the Client and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).

1.6 “Price” shall mean the cost of the Goods as agreed between J & RR and the Client subject to clause 5 of this contract.


2. Application of these terms and conditions to consumers

2.1 Where the Client buys Goods as a consumer these terms and conditions (in particular clauses relating to Risk, Disclaimer, Defects, Returns, Warranties, and Limitation of Liability) shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.


3. Sale of Goods Act 1979 and Supply of Goods and Services Act 1982

3.1 This agreement is subject to the provisions of the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982 (or any replacement or re-enactment thereof) in all cases except where the Client is contracting within the terms of a trade/business (which cases are specifically excluded).

3.2 Notwithstanding clause 3.1 nothing in this agreement is intended to have the effect of contracting out of any applicable provisions the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982 or any laws or legislation governing the rights of consumers, except to the extent permitted by those Acts, laws or legislation.


4. Acceptance

4.1 Any instructions received by J & RR from the Client for the supply of Goods and/or the Client’s acceptance of Goods supplied by J & RR shall constitute acceptance of the terms and conditions contained herein.

4.2 Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.

4.3 Upon acceptance of these terms and conditions by the Client the terms and conditions are irrevocable and can only be amended with the written consent of J & RR.

4.4 The Client undertakes to give J & RR at least fourteen (14) days notice of any change in the Client’s name, address and/or any other change in the Client’s details.


5. Price and Payment

5.1 At J & RR’s  sole discretion the Price shall be either:

(a) as indicated on invoices provided by J & RR to the Client in respect of Goods supplied; or

(b) J & RR’s  current price at the date of delivery of the Goods according to J & RR’s  current Price list; or

(c) J & RR’s  quoted Price (subject to clause 5.2) which shall be binding upon J & RR provided that the Client shall accept J & RR’s  quotation in writing within thirty (30) days.

5.2 J & RR reserves the right to change the Price in the event of a variation to J & RR’s  quotation.

5.3 Time for payment for the Goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due fourteen (14) days following the date of issue of J & RR’s  monthly statement.

5.4 Payment will be made by cash, or by cheque, or by bank cheque, or by credit card, or by direct credit, or by any other method as agreed to between the Client and J & RR.

5.5 VAT and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.


6. Delivery of the Goods

6.1 At J & RR’s  sole discretion delivery of the Goods shall take place when:

(a) the Client takes possession of the Goods at J & RR’s  address; or

(b) the Client takes possession of the Goods at the Client’s nominated address (in the event that the Goods are delivered by J & RR or J & RR’s  nominated carrier).

6.2 At J & RR’s  sole discretion the costs of delivery are included in the Price.

6.3 The Client shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods as arranged then J & RR shall be entitled to charge a reasonable fee for redelivery.

6.4 Delivery of the Goods to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.

6.5 The Client shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or lesser than the quantity purchased provided that:

(a) such discrepancy in quantity shall not exceed five percent (5%); and

J & RR Goodyear & Sons Ltd – Terms & Conditions of Trade © Copyright – EC Credit Control Ltd - 2010