autosafe's picture

AUTOSAFE INTERNATIONAL LIMITED STANDARD TERMS AND CONDITIONS OF SALE

GENERAL
The acceptance of any order which may be placed with AUTOSAFE INTERNATIONAL LIMITED, shall be subject to these conditions and shall be deemed to be a contract binding on both parties only when confirmed and accepted by AUTOSAFE INTERNATIONAL LIMITED, in writing. Any terms and conditions contained in the buyers purchase order or related documents shall be inapplicable if in conflict with these conditions. No modification or amendment of any contract between AUTOSAFE INTERNATIONAL LIMITED and any buyer shall be deemed to have been accepted by AUTOSAFE INTERNATIONAL LIMITED until accepted in writing by a duly authorised officer of the company.

QUOTATION AND PRICES
The prices, quantities and delivery stated in any quotation shall not be binding on AUTOSAFE INTERNATIONAL LIMITED unless and until AUTOSAFE INTERNATIONAL LIMITED has confirmed in writing its acceptance of an order placed by buyer in accordance with the quotation. Prices stated in AUTOSAFE INTERNATIONAL LIMITED acknowledgement of the order for imported goods are based on the relevant currency/sterling exchange rate in force at the date thereof. If between the date of the acknowledgement of the order and the date of the invoice the value of sterling has fallen against the relevant currency the prices of the goods may be increased according. The exchange rate in force at any particular date shall be the lower or relevant currency I sterling exchange rates publishing in the financial times on the date or, if no such rate is published such exchange rate as is published, such exchange rate as AUTOSAFE INTERNATIONAL LIMITED shall in its reasonable opinion determine as the current exchange rate. If between the date of the acknowledgement of the order and the date of delivery the cost of the goods to AUTOSAFE INTERNATIONAL LIMITED shall have materially increased by causes other that the movement of the exchange rate the price of the goods to the buyer may be increased accordingly without prior notice. AUTOSAFE INTERNATIONAL LIMITED shall notify the buyer of any such price variation before the despatch of the goods and the buyer shall be part of the order that remains outstanding by written notice to AUTOSAFE INTERNATIONAL LIMITED delivered within seven days of such notification without incurring liability to AUTOSAFE INTERNATIONAL LIMITED. If such written notice is not received within the time specified it shall be deemed that price variation has been accepted by the buyer and it shall be incorporated into the order. Unless otherwise stated prices are ex-work and exclusive of value added tax.

DATA REGARDING GOODS
Any data delivered to the buyer concerning the goods is not to be considered binding and constitutes an approximate guide only. Specifications drawing is not to be considered binding and constitutes an approximate guide only. Specifications, drawing and other documents relating to the goods remain the property of AUTOSAFE INTERNATIONAL LIMITED and may not be transmitted to a third party without AUTOSAFE INTERNATIONAL LIMITED written consent. All such documents must be returned to AUTOSAFE INTERNATIONAL LIMITED if no order is placed with it or if any order is not accepted.

SPECIFICATION
Goods will be supplied in accordance with AUTOSAFE INTERNATIONAL LIMITED standard specification for the relevant type. AUTOSAFE INTERNATIONAL LIMITED reserves the right to make such improvements to and/or modifications of such specifications, as AUTOSAFE INTERNATIONAL LIMITED deems desirable.

PACKING
The specification for packaging the products shall be entirely at the discretion of AUTOSAFE INTERNATIONAL LIMITED who shall have the right to pack all products in such a manner and with such materials and in such quantities as it, in its absolute discretion, thinks fit and shall not be obliged to comply with any packaging instructions or requests of the buyer.

DELIVERY AND RISK
A) The buyer shall be bound to accept delivery of the goods by instalments and shall not be entitled to reject delivery or part delivery of the goods ordered, defects in quality or dimensions of all or part of the goods in any instalment shall not be a ground for cancellation of the remainder of the order. Goods signed for as received in good condition shall from thereon be deemed as such and you can make no future returns/complaints claims concerning the goods.
B) Deliveries are divisible. Each delivery shall be deemed to arise, and shall be invoiced, separately.  Any invoice for delivery shall be payable in accordance with clauses [refer to payment clauses] without reference to and not withstanding any defect or default in delivery of any other instalment.
C) AUTOSAFE INTERNATIONAL LIMITED shall be under no liability for direct or consequential loss in respect of delay or the consequences off any delay in full or part delivery or for any failure to delivery caused by acts of war, sabotage, insurrection, civil or other disorders, acts of god, lack of fuels, raw materials or machinery of technical breakdown or by any other occurrence beyond AUTOSAFE INTERNATIONAL LIMITED reasonable control. This clause applies to any of these causes occurring either in the United Kingdom or in the country of origin of the goods or in any country through which the goods may travel in the course of delivery. In such an event AUTOSAFE INTERNATIONAL LIMITED shall apportion its available products and delivery capabilities among its customers, as it thinks fit.
D) No order accepted by AUTOSAFE INTERNATIONAL LIMITED can be cancelled or suspended by the buyer except with consent of AUTOSAFE INTERNATIONAL LIMITED in writing. AUTOSAFE INTERNATIONAL LIMITED shall have no liability for any consequential loss caused by any cancellation or suspension of an order.
E) Should delay in delivery be caused by the buyer, AUTOSAFE INTERNATIONAL LIMITED may store the goods at the sole risk and at the expense of the buyer and payment for the goods may, at AUTOSAFE INTERNATIONAL LIMITED discretion, be due on the date on which the consignment was ready for delivery.
F) Unless acceptable specific instructions are received from the buyer, AUTOSAFE INTERNATIONAL LIMITED shall select a suitable carrier for the goods. Delivery of the goods in good condition to such a carrier shall constitute delivery to the buyer and the risk in the goods shall pass to the buyer at this point. Any mis-delivery, breakage or other damage, howsoever caused, shall thereupon be the responsibility of the buyer who will also be responsible for obtaining and paying for insurance and carrying out negotiations in the event of any such loss, mis-delivery breakage or other damage regardless of the fact that insurance may have been secured by AUTOSAFE INTERNATIONAL LIMITED.

WHERE DO WE DELIVER TO?
Delivery is to addresses within the United Kingdom Mainland only. This excludes the Channel Islands, Northern Island, and BFPO addresses. For customers living at these addresses and the  Isle of Man, the Isles of Scilly and some of the Scottish Islands we recommend they call us and we can quote on an adhoc basis. 

POST OR COURIER DELIVERY
Standard delivery is Monday to Friday (excluding Bank Holidays), usually from 9am to 5pm and we aim to get your purchase to you within 2 – 3 working days. For orders placed after 12:00pm we aim to get your purchase to you within 3 – 4 working days. For extended bank holiday periods like Christmas and Easter please allow 4-7 working days.

PROPERTY IN THE GOODS
A) Property in the goods will not pass to the buyer until payment of the price for the goods and of all money owed by the buyer to AUTOSAFE INTERNATIONAL LIMITED has been made in full until such time:
B) The buyer will hold the goods as AUTOSAFE INTERNATIONAL LIMITED bailee and fiduciary agent and
C) The buyer will store the goods separately from other goods so that they can be identified as AUTOSAFE INTERNATIONAL LIMITED property and keep it protected and insured.
D) Until such time as property in the goods passes to the buyer AUTOSAFE INTERNATIONAL LIMITED shall be entitled at any time to require the buyer to deliver up the goods to AUTOSAFE INTERNATIONAL LIMITED and if the buyer fails to do so forthwith to enter upon any premises of the buyer or any third party where the goods are believed to be stored and repossess the goods.
E) If notwithstanding the above:
F) The buyer purports to sell the goods prior to making payment to AUTOSAFE INTERNATIONAL LIMITED therefor ,the buyer shall without prejudice to AUTOSAFE INTERNATIONAL LIMITED other right in respect of such wrongful sale) hold the proceeds of sale on trust to AUTOSAFE INTERNATIONAL LIMITED and as such and as AUTOSAFE INTERNATIONAL LIMITED fiduciary agent and kept separate from any other moneys;
G) The goods are admixed with or affixed to property goods or materials property in which title is not vested in AUTOSAFE INTERNATIONAL LIMITED such composite product will be deemed to be owned in common by AUTOSAFE INTERNATIONAL LIMITED with that person.

PAYMENTS
A) Payment terms are STRICTLY 30 DAYS FROM INVOICE DATE.
B) Should the Buyer fail to give forwarding instructions by the time the goods are ready for delivery for the purposes of accounting the goods shall be deemed to be delivered and invoiced accordingly payment being due within thirty days of end of the month following invoice.
C) In the case of a contract involving more than one delivery if default is made in payment on the due date for any one delivery AUTOSAFE INTERNATIONAL LIMITED may treat the contract as repudiated buy the Buyer and claim damages accordingly.
D) Failure to settle outstanding accounts by the due date for payment may at AUTOSAFE INTERNATIONAL LIMITED discretion render these accounts liable to interest which may be charged at 1.5% above the current HSBC Bank Plc lending rate for the time being in force upon the total value of the invoice until such accounts are paid in full.
E) The Buyer hereby waives any right of set-off he may have or acquire against the amounts charged by AUTOSAFE INTERNATIONAL LIMITED under this contract and the Buyer shall be liable to make payment in full without making any deductions whatsoever unless agreed by the AUTOSAFE INTERNATIONAL LIMITED in writing.

WARRANTIES
A) Patent defects and incorrect deliveries the buyer shall inspect the goods immediately on arrival thereof and shall within 3 days of their arrival give notice in writing to AUTOSAFE INTERNATIONAL LIMITED for any defect in the goods or any other matter by reason whereof he alleges that the goods are not in accordance with the contract and shall if alleges the goods in accordance with the contract and shall be deemed to be free of defects and in all respects in accordance with the contract and the buyer shall be bound to accept and pay for them accordingly. If the buyer gives such notice and delivered goods are proved to be defective AUTOSAFE INTERNATIONAL LIMITED shall at its discretion replace or repair the goods free of charge.
B) AUTOSAFE INTERNATIONAL LIMITED warrants for a period of 12months or as specified on invoice RTB from the date of despatch that the goods shall be free from defects in material and workmanship. If there is such a defect in material or workmanship in the said 12 months, or as specified, AUTOSAFE INTERNATIONAL LIMITED shall at its own discretion replace or repair the goods free of charge and the buyer shall have no further right to damage or otherwise against AUTOSAFE INTERNATIONAL LIMITED.
C) This warranty will not extend to faults caused by incorrect or inappropriate use or handling of the goods nor to any goods which have been repaired or in any way altered without the consent of AUTOSAFE INTERNATIONAL LIMITED in writing, nor to any consequential loss, damage or expense howsoever arising.
D) Goods must be returned in original packaging and in a re saleable condition. Failure to do so will invalidate the warranty. Products shall be returned at the buyer's expense howsoever arising.
E) No other conditions or warranty is made, given, or to be implied as to the merchantability, quality, life or wear of the goods supplied or that they will be suitable for any particular use or for use under any particular conditions notwithstanding that such purpose or condition may be known to AUTOSAFE INTERNATIONAL LIMITED.
F) All products marketed or sold by/though the offices of AUTOSAFE INTERNATIONAL LIMITED must be installed in accordance with the installation guide supplied by AUTOSAFE INTERNATIONAL LIMITED. Failure to do so will invalidate the warranty.
G) The buyer's statutory rights are not affected by any of the foregoing.

PARTIAL UNVALIDITY
If and to the extent that any clause or clauses of these terms and conditions of sale should prove invalid the remaining provisions and the contract shall remain valid and binding. Any valid clauses shall be renegotiated with the intention of replacing such clauses by new provisions with similar economic implications. Such substituted provisions shall be binding on both parties.

LIMITATION OF LIABILITY
IN NO EVENT SHALL AUTOSAFE INTERNATIONAL LIMITED BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF AUTOSAFE INTERNATIONAL LIMITED HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE PRODUCTS MARKETED AND SOLD BY/THROUGH THE OFFICES OF AUTOSAFE INTERNATIONAL LIMITED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.