The Supplier means “Solway DAF”.
The customer means the purchaser of the goods or services from the Supplier.
a) All quotations and contracts and all matters arising out of or in connection therewith shall be subject to English Law and the parties hereby submit to the jurisdiction of the Courts of England.
b) Unless the Supplier expressly agrees otherwise in writing, these Conditions of Supply shall govern the sale of goods or supply of services by the Supplier to the Customer and the Supplier shall not be bound by any variation, waiver of or addition to these conditions or by any conditions of the Customer.
Unless otherwise specified in the contract, the price shall not include any accessories, vehicle excise licence, painting, tipping gear, bodies, associated equipment, delivery or Value Added Tax.
Value Added Tax will be payable at the rate prevailing at the date of invoice.
4. TERMS OF PAYMENT
a) The Customer shall make payment in full without deduction to the Supplier prior to delivery or collection of the vehicle or spare part, except in the case of approved credit customers for servicing and spare parts, in which case payment for such servicing or spare parts will be by the end of the month following the month of invoice.
b) In cases of credit customers for servicing and spare parts under the DAF Aid or ITS Schemes, the Supplier reserves the right to apply a surcharge of 10% of the invoice value in the event that the customer’s credit account exceeds the standard payment terms.
c) In respect of any sale or supply the Supplier reserves the right to charge interest on amounts not paid by the due dates at the rate of MLR Bank Rate + 3%.
d) In the event that any amounts are overdue for payment by the Customer, all amounts invoiced to the Customer shall forthwith become due for payment and recoverable by the Supplier.
e) Any query on invoices raised must be recorded in writing within 7 days of the document date.
f) Goods supplied to special order cannot be accepted for credit. Items returned for credit which have been correctly supplied will be subject to 15% handling fee.
5. GUARANTEES, WARRANTIES AND LIABILITIES
a) New Vehicles and Parts.
The warranty and guarantee given by the Supplier shall comprise only the guarantee offered by the manufacturer, full details of which are available to the Customer on request.
b) The replacement or repair of parts under guarantee shall not constitute an admission of any liability or fault on the part of the Supplier. All parts prefixed with ND do not carry DAF manufacturer’s warranty but may carry other manufacturer’s warranty.
c) Second Hand Vehicles
Unless otherwise specified in the contract, second hand vehicles are sold in their existing condition and no guarantee or warranty is given, the Customer having had every opportunity of inspection and examination, including a road test of sufficient length, prior to entering the contract.
The Supplier warrants that it will carry out servicing in accordance with recommended procedures and good workmanship but does not warrant further or otherwise. In the event of defective servicing due to breach of this warranty, the Supplier will perform the service work, subject to its total liability for breach of this warranty being limited to the invoice value of the original servicing.
Except as provided above, all other warranties and conditions expressed or implied are excluded and the above sets out the total liability of the Supplier, except to the extent that such exclusion and limit of liability are not permitted by law.
f) Notwithstanding any guarantee or warranty specifically given by the Supplier, the Supplier shall have no liability to the Customer for any direct or consequential loss to or damage suffered by the Customer, including vehicle recovery, cost or hiring alternative vehicle or loss of revenue.
g) The Supplier reserve the right to charge for storage of vehicles which remain uncollected for more than 14 days after notification has been given that the vehicle is ready for collection.
h) The Supplier will not be responsible for loss or damage of or to customer’s vehicles or anything in or on them unless it is proved that such loss or damage resulted from the negligence of the Supplier, our servants or our agents.
All dirty units must be returned within 14 days, quoting the invoice number and date supplied to reclaim the surcharge. The supplier reserves the right not to issue credit if the dirty unit is returned after this time. In any event the customer is liable for payment of the surcharge amount in line with the normal payment terms.
7. PROPERTY AND RISK
a) Legal or beneficial title to any vehicle or goods shall not pass to the Customer but shall remain with the Supplier until payment in full under the relevant invoice or invoices shall have been made to the Supplier. The Supplier shall be entitled to repossess any such goods at any time prior to payment in full and shall be entitled to have unrestricted access to any premises of the Customer for such purpose.
8. DELAY AND VARIATIONS
a) Delivery dates where given are estimated in good faith but are approximate. Although the Suppliers will use all reasonable endeavours to adhere to estimated delivery dates, the Supplier will not guarantee such dates and it is a term of the contract that in respect of delivery time is not of the essence.
b) In the event of any variation, suspension or delay of work caused directly or indirectly by the Customer, whether with or without the consent of the Supplier, the Supplier shall be entitled to increase the price accordingly but without prejudice to the Supplier’s other rights or remedies.
9. STATUTORY REQUIREMENTS
Unless otherwise specifically stated or provided for in the contract, it is the Customer’s responsibility to ensure that any relevant statutory provisions are complied with, prior to the Customer using any goods supplied by the Supplier.