TERMS
FOR THE SALE OF VEHICLES, EQUIPMENT AND FOR THE SUPPLY
OF SERVICES
1. Interpretation
| "Buyer" |
means the person
named in all documentation relating to the sale
of particular vehicles and equipment and to whom
the Sellers acceptance of order is addressed |
| "Seller" |
means L.Jackson
& Co. Whose registered office is situated
at The rocket site, Misson, Nr. Bawtry, Doncaster
DN10 6ET United Kingdom |
| “Consignor” |
means
L.Jackson & Co. Whose registered office
is situated at The rocket site, Misson, Nr.
Bawtry, Doncaster DN10 6ET United Kingdom. Ownership
(title) of the goods remains with the consignor
until the consignee pays for them in full |
| "Parts" |
means any parts
(including any instalments) sold by the Seller
or used or supplied by the Seller in connection
with the sale of a vehicle, equipment or the supply
of any Services. |
| "Vehicle" |
means any new or
used heavy or light commercial vehicle, van or
car or plant and machinery. |
| "Services" |
means the any aspect
of the sales process. For the Buyer "Terms
means the terms for the sale of a Vehicle. Parts
or for the supply of Services set out in this
document. |
| "Quotation" |
means a quotation
in writing issued by the Seller which is accepted
by the Buyer within the acceptance period stated
in the Quotation. |
| "Order" |
means an order
by the Buyer provided in writing for the purchase
of a Vehicle or piece of equipment, Parts or the
provision of Services which is accepted by the
Seller in writing. |
| "Contract" |
means the Contract
for the sale and purchase of any Vehicle and or
Equipment, Parts or the provision of Services. |
| “End
User” |
means
the physical recipient and user of any Vehicle
and or Equipment |
| “Consignee” |
means the Person
or firm (usually a buyer) named by the consignor
(usually a seller) in the transportation documents
(such as an air waybill or bill of lading) as
the party to whose order a consignment will be
delivered at the port of destination. The consignee
is considered to be the owner of the consignment
for the purpose of filing the customs declaration,
and for paying duties and taxes. Formal ownership
(title) of the consignment, however, transfers
to the consignee only upon payment of the seller's
invoice in full. |
2. The Contract Specification and Orders
2.1 These conditions shall apply to all orders for
the supply of Vehicles and Services by the seller
to the Buyer to the exclusion of all other terms and
conditions including any conditions which the Buyer
may purport to apply under any purchase order or similar
documents of any kind.
The Buyer understands and confirms that any employee
or agent of the Seller has no authority to make any
representation about the Vehicle, Parts or Services
nor shall the Seller be liable for any advice or recommendations
given by it or its employees or agents to the Buyer
as to the Vehicle Parts or Services unless confirmed
in writing following placement of order.
2.2 Any error or omission in any document or information
issued by the Seller or other person shall be subject
to correction without any liability on the parts of
the Seller.
2.3 The Buyer shall be responsible for the accuracy
of the terms of any Order (including the specification).
2.4 If the manufacturer or supplier discontinues the
sale of any Vehicle or Parts or alters the specification
the Seller reserves the right (without any further
liability on the part of the Seller) to deliver in
satisfaction of this Contract a Vehicle or Parts conforming
to the manufacturer's or supplier's specification
prevailing at the time of delivery or fit another
Part, or cancel this Contract and refund to the Buyer
either any deposit or other payment paid by the Buyer.
2.5 No Order or Quotation 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 damages and expenses incurred by
the Seller as a result of cancellation.
3. Prices and Payment
3.1 Standard payment terms are 30% deposit with order,
balance of total price prior to shipment of vehicles
or parts to be submitted as cleared funds or on site
of an agreed (in writing) Confirmed Irrevocable
Letter of Credit Issued against a Major European Bank.
Unless there is a written agreement for a fixed price
the price for a Vehicle or Parts shall be the Ex.
Works (EXW) price. If the manufacturer of a Vehicle
or supplier of any Parts increases their prices, the
Seller reserves the right to increase the price. The
price for any Services shall be charged at the current
hourly rate prevailing from time to time of the Seller
together with any additional charges for accommodation,
motor expenses, air and shipping fee. All prices shall
be payable together with value added tax if applicable
and (where appropriate) delivery, transport and insurance
charges.
3.2 Any estimates given by the Seller shall be provisional.
The Seller shall use all reasonable endeavours to
obtain the authority of the Buyer for any substantial
divergence from the estimate given.
3.3 Any deposit paid is considered by the Seller and
accepted by the Buyer as being Non Refundable without
prior agreement. Balance Payment in cash or
cleared funds for the sale of vehicles, equipment
or the supply of services shall be due within 30 days
after month of invoice date. Payment of vehicle sales
shall be made prior to or on the collection/shipment
of items purchased. Prompt payment of all sums due
shall be of the essence of this Contract. All prices
quoted are U. K. Pounds Sterling Ex. Works being exclusive
of VAT where applicable and any shipping / associated
costs. Vehicles advertised are subject to remaining
unsold.
3.4 If the Buyer fails to pay any sum due on the due
date for payment the Seller shall be entitled to charge
the Buyer interest at the rate of 4% a year above
(UK HSBC Bank) Base Rate from time to time until payment
is made in full. Such interest shall be payable both
before and after any legal judgment the Seller may
obtain against the Buyer.
3.5 The Buyer shall not be entitled to withhold payment
of any sums after they have become due by reason of
any right of set off or counter-claim or for any reason
whatsoever.
3.6 In addition to the Seller's lien for repairs,
the Seller shall have a general lien on all property
of the Buyer in the possession of the Seller pending
payment of all sums due and after 14 days notice shall
have the right to sell any of the Buyer's property
as agent for and at the expense of the Buyer and apply
all proceeds of sale towards payment of such sums.
4. Export Licencing
4.1 Military Surplus Vehicles or
Equipment may require an export licence if it is the
intention of the buyer to ship or to have shipped
across UK Borders items which are purchased from the
Seller.
4.2 UK Residents purchasing Military Surplus vehicles
must be aware that as of 26th October 2009 an Open
General Export Licence is required to take a military
surplus vehicle or military component as fitted to
a civilian vehicle e.g. NATO Towing Hitch across UK
borders including for vacation purposes.
4.3 Advise on export licensing procedures can be found
at www.ljacksonandco.com/shipping.html
including downloadable copies and examples of the
End User Letter as are required when applying for
Full Standard Indiviudal Export Licenses.
4.4 For the purposes of the Export Licence application,
only the End User and Consignee must complete and
End User Letter.
4.5 L.Jackson & Co. Cannot provide formal quotes
or engage in any discussions relating to EU Embargoed
Countries. For more information on EU Embargoed
Countries visit http://www.berr.gov.uk/
5. Shipment and risk
5.1 In the absence of any express agreement shipment
(ex.work's) shall take place when collected by the
Buyer following the Seller's notification that the
Buyer's vehicle or Parts are ready for collection
or when the vehicle or equipment leaves the Sellers
registered address. The date for collection/shipment
shall not be of the essence of this Contract unless
agreed in writing. Risk shall pass to the Buyer on
shipment/collection. Any time or date for completing
the Services shall be an estimate only and the Seller
shall not be liable for any failure to complete the
Services within such time or date.
5.2 Parts may be delivered in instalments. Failure
by the Seller to deliver any of the instalments in
accordance with these Terms shall not entitle the
Buyer to treat the Contract as a whole as repudiated.
Claims for shortages or discrepancies or loss or damage
of Parts in transit will not be accepted unless notified
to the Seller and (if appropriate) the Seller's carriers
within 48 hours of receipt and confirmed in writing
within 7 days after receipt. Packaging and damaged
parts shall be retained for inspection.
5.3 Following receipt, the Buyer will inspect any
Vehicle, Equipment or Parts. Unless the Buyer notifies
the Seller within 48 hours of delivery of any defect
the Buyer will be deemed to have accepted it. After
acceptance, the Buyer shall not be entitled to reject
a Vehicle or Parts which are not in accordance with
this Contract.
5.4 Dates and periods quoted for availability are
estimates only, made in good faith and the Seller
shall have no liability for any delay therein however
arising. Time for delivery is not of the essence
of the contract.
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