Terms And Conditions Of Sale
In these conditions the expression“the company”means Raceparts (UK) Ltd.
The company does notseek to take away any right in Law that cannot be Lawfully negated and it should be held by a court or
competent jurisdiction that any of these terms or condition has that effect, then such part or parts shall be severed from the
remainder,whichshall continue infullforce or effect.
CONDITIONS TOBE CONCLUSIVE
The followingterms and conditions (subject and together with anyother terms set out in our writtenquotation, or any
written amendment signed by the director of the company) are the only terms and conditions applicable to the
transaction superseding all previous discussions and negotiations whether oral or written and prevailing over any
terms or conditions put forward by any other party in anymanner whatsoever or anypoint in time.
QUOTATIONS
All documents bythe company are subject to the conditions set out herein andshall remain valid for maximum period
of 30 days from the date thereof. This limitation does not prelude the company from accepting an order against a
quotation after the 30 days limit has expired, but no order is binding on the company until accepted. Any
typographical, clerical or other error or omission in the company’s sales literature, quotation, price list, acceptance of
offer, invoice or other document or information shall be subject to correction without any liability on the part of the
company.
SEPARATECONTRACTS
Each order and its acceptance is to be treated as a separate contract and accordingly, if there should be at any time
more than one contract in the course of performance betweenthe company and the same buyer, and if any questions,
dispute or difficulty shall arise inrespect of one or such contracts, neither the existence of such question, dispute or
difficulty nor the terms onwhich itmaybe settledshalleffect inanywaywhatsoever other such contracts.
VARIATIONOFPRICE
If between the date of quotation and the date of delivery there are variations in the costs of overheads, expenses,
labour or materials, transport or any other costs which may effect the processing or delivery of the goods, then the
contract price may be varied at the company’s discretion. That is to say, unless the company’s quotation specifically
provides for afixed price contract,the prices rulingshall be those atthe date of despatch.
TERMS OFPAYMENT
Unless otherwise agreed allinvoices shallbecome payable 30 days followingmonthof invoice date.
OVERDUEDEBTS
If any payment is in arrears, then the company shall have the right without prejudice to its other rights (both before
and after any judgement)tosuspenddeliveries until payment is receivedwhether suchdeliveries are part of the same
order or other order or not, in additionto andwithout prejudice to anyother right open to the company, It reserves the
right to charge interest on overdue accounts at the rate of 2.5% above the minimum lending rate of the company’s
bankers applicable from time to time. The company may appropriate any payment made by the buyer to such of the
goods supplied by the company against any order of the buyer as the company may think fit (not withstanding any
purported appropriation bythe buyer).
PASSINGOFRISKS
All risks shall pass to the customer on delivery to or in accordance with the customer’s instructions or in the case of
carriage other than by the company’s carrier. It shall be the responsibility of the customer to arrange adequate
insurance against allrelevant risks.
COMPANY’S RIGHT OFCANCELLATION
If the buyer should make any default in or commit any breach of any of its obligations or if any distress of execution
shall be levied on the buyer’s property or assets or if the buyer shall make or offer to make any arrangements or
compositionwith its creditors, commit any act of bankruptcy, become subject to an administrationorder or (being an
individual of firm) becomes bankrupt or (being a company) goes into liquidation (otherwise for the purpose of
amalgamation or reconstruction) or an encumbrance takes possession, or a receiver is appointed of any of the
property or assets of the buyer, or the buyer ceases or threatens to cease to carry on business, or the company
reasonably apprehends that any of the events mentioned above is about to occur and notifies the buyer accordingly,
or if any petition or receiving order in bankruptcyshall be presented or made against the buyer or if the buyer shall be
a Limited Company and anyresolutionor petition towind up the buyer’s business shall be passedor presented or ifa
Receiver of the buyer’s undertaking property assets or any part thereof shall be appointed. The company shall have
the right forthwith to determine any contract thensubsisting and to cancel any outstanding delivery or deliveries and
tostop anygoods intransit but allwithoutprejudice to any other rightwhichthe companymayhave, and if the goods
have been delivered, but not paid for, the price shall become immediately due not withstanding any previous
agreementto the contrary.
CHANGES REQUIREDBY THEBUYERCAUSINGLOSS OR EXPENSETOTHECOMPANY
All or any loss or expense occasioned to the company by changes required by the buyer in material, design,
quantities, or deliveryfrom those onwhichthe acceptance of the order was basedshallbe made good tothe company
by the buyer.
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