(as of August 2016)
These conditions prevail over any conditions which the purchaser’s order may purport to impose and which are at variance with the same. No modifications shall be binding upon European Truck Parts Ltd unless specifically accepted in writing by E.T.P. European Truck Parts Ltd will be referred to as ETP hereafter. Typing and clerical errors are subject to correction. All orders or contracts are subject to acceptance by ETP at its offices at Oldbury, regardless if taken elsewhere by a sales person or a selling agent. Quotations do not constitute an offer and shall not bind ETP, until an order has been placed and accepted.
Unless other terms are expressly agreed upon, payment is nett 30 days monthly account. ETP reserves the right to impose on the buyer the special term “Cash on Deliveries”, if it considers it necessary. Payment should be made to European Truck Parts Ltd. In addition to its other remedies ETP, reserves the right to charge interest on delayed payment from due Date on a daily basis at Lloyds Bank Plc base rate from time to time in force plus three percent.
Notwithstanding delivery and the passing of risk in the goods, the property in the goods shall not pass to the buyer until ETP has received in cash or cleared funds payment in full of the price of the goods sold or agreed to be sold by ETP to the buyer under any other contract.
Until the property in the goods passes to the buyer:
a) the buyer shall hold the goods as ETP’s bailee, and shall keep those goods separate from all other goods and property stored, protected and insured and identified as ETP’s property; and
b) the buyer shall be entitled to resell or use the goods in the ordinary course of its business, but shall have a fiduciary duty to ETP to account for the proceeds of sale or otherwise of the goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any monies or property of the buyer and third parties and, in the case of tangible proceeds, property stored, protected and insured; and
c) ETP shall be entitled at any time to require the buyer to deliver up the goods to ETP 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 stored and repossess the goods and for that purpose the buyer hereby authorises and licences ETP to enter upon any land or building upon which the goods are situated to recover those goods.
The buyer shall not be entitled to or in any way charge by way of security for any indebtedness any of the goods which remain the property of ETP, but if the buyer does so all monies owing by the buyer to ETP shall, without prejudice to any other right or remedy of ETP, forthwith become due and payable.
INSPECTION AND RETURN OF GOODS
If upon receipt of goods from ETP the goods do not appear to conform to specifications, the buyer must notify ETP within 5 working days after receipt in writing. The return of correctly supplied goods when accepted by ETP will incur a charge of 20% of the value of the goods excluding V.A.T. at current rate. Goods supplied as special orders are not returnable. Goods cannot be returned without prior authorisation from ETP.
A surcharge is levied on the exchange items (e.g. items that are reconditionable). The surcharge is refundable subject to the following conditions:
a)The exchange items are returned within 10 days.
b)The exchange items are not broken, damaged or dismantled.
TELEPHONE OR FAXED ORDERS
Verbal, telephoned of faxed orders, or any variation to orders must be confirmed in writing by the Buyer otherwise ETP accept no responsibility for errors or subsequent misunderstandings. ETP assumes no responsibility for any orders which are duplicated, as a result of a confirming order not being clearly identified as such.
VOR” emergencies must be negotiated at the time of the order being placed. If the ordered product is available, it will be dispatched the same day, providing the order is received early enough to allow dispatch. We request VOR orders to be placed before 4.00pm.
CATALOGUE, PRICE LIST AND OTHER ADVERTISEMENT MATTERS
Catalogues, price lists and other material used for advertising are only an indication of the type of goods, and no prices or other particulars contained therein shall be binding on ETP.
Unless otherwise stated all prices quoted by ETP do not include value added tax at the current rate.
ETP reserves the right to vary the quoted price and goods will be invoiced at the prices ruling at the day of dispatch unless otherwise agreed by ETP in writing.
Whilst ETP will do its upmost to keep its promised delivery dates, they are to be treated as estimates only. ETP accept no responsibility for loss or damage resulting from delay in the delivery of goods. Delays due to circumstances outside the control of ETP shall not entitle the buyer to cancel any order or to refuse to accept delivery.
In the event of a warranty claim ETP must be promptly notified in writing on the appropriate ETP form, and will only accept claims due to faulty materials or workmanship. Goods must be returned carriage paid for immediately upon the discovery of the defect. No credit will be given until such time as ETP is satisfied that such defects arose solely through mentioned causes and ETP has received credit from the manufacturer. ETP shall in no circumstance be liable for any consequential loss or damages. All replacement items for warranty claims will be booked out at the current ETP price.
Damage in transit or shortage must be reported in writing within 7 days of receipt of goods or, in the case of an undelivered consignment, within 7 days of the invoice date.