1. GENERAL DEFINITIONS
The Company means
North Hants Tyres and Remoulding Company Ltd.
The Customer means the person who accepts a quotation of the Company for the sale of Goods and/or whose order is accepted by the Company.
Goods means any items sold by the Company to include but not by way of prejudicing the generality of the foregoing tyres and tubes and wheels.
Contract means the contract for the sale by the Company and purchase by the Customer of the Goods. Conditions means the standard items and conditions set out in this document plus any special terms and conditions as agreed in writing between the Customer and the Company.
2.1 Any quotations or Orders received are subject to availability of the Goods.
2.2 All Orders received whether verbal or in writing are subject to these terms and conditions which may be added to or varied by agreement between the Company and the Customer but which in any event prevail in exclusion to all other terms and conditions.
2.3 No Order or part of an Order placed by the Customer can be cancelled by the Customer without written consent of the Company.
2.4 The Customer shall be responsible to the Company for ensuring the accuracy of the terms of any Order.
2.5 Orders are accepted by means of the following: online transaction (secure server), e-mail, telephone, post or fax.
2.6 All credit/debit card transactions are subject to validation checks and are authorised by the card issuer. Should your card issuer refuse to authorise payment to us, we will not be liable for any delay and/or non-delivery of your Order. No Orders will be accepted or processed without a valid card payment in the name of the registered cardholder.
2.7 The Company reserves the right to refuse to supply any ordered product or to cancel an order for any reason without liability of any kind save for return of any payment that may have been made with respect to such product.
3.1 All prices are shown in pounds sterling (£).
3.2 All prices are exclusive of Value Added Tax unless otherwise stated.
3.3 The price given in any quotation by the Company shall be valid if it is accepted at the time of the giving of the quotation otherwise it shall be the price at the date of acceptance by the Company of the Order from the Customer.
3.4 All prices are subject to change without prior notice.
4.1 Unless otherwise agreed all Goods must be paid for in full before dispatch. The Goods will remain the property of the Company until payment is made in full.
4.2 Any cheque received will be required to clear before any Goods are dispatched. Please allow seven (7) working days for clearance.
4.3 The Company may at any time and without notice revoke any agreement as to credit terms so that payment for all Goods becomes immediately payable before dispatch.
4.4 Unless otherwise agreed in writing and signed by the Company interest on all accounts including carriage at the rate of 5% above the current base rate of Barclays Bank Plc shall be payable if the payment remains outstanding beyond any date set for payment in accordance with terms hereof.
4.5 Payment for all Goods shall be made in cash but if payment in some other form shall be agreed payment shall not be deemed to have taken place until the Company shall be in receipt of cleared funds in pounds sterling in its bank account unless otherwise agreed.
5.1 Risk of damage or loss shall pass to the Customer at the time of delivery.
5.2 All deliveries must be signed for by the Customer or the Customer’s representative. If the Customer has left other instructions to the delivery agent and is not present in person to sign for the Goods the Company accepts no responsibility whatsoever for the safety of the Goods. All risk will pass to the Customer and no refund shall be given by the Company for any loss or damage suffered by the Customer.
6.1 Deliveries shall be
made to the property address given by the Customer to the Company. The
Customer assumes all responsibility for the accuracy of the delivery
address and will ensure that the Customer or their representative is
present to sign for the Goods on delivery. The Company is not liable
for any extra carriage charges from the carrier companies used for the
delivery incurred by the Customer if they are not present to accept the
Goods when delivered all these charges will be the responsibility of the
6.2 The Customer shall make suitable provisions from receipt and storage of Goods and the signature on any delivery note or device by any person holding out to be the Customer or the Customer’s representative is sufficient evidence that delivery has taken place it shall not be the responsibility of the Company to verify the credentials of the person signing for the delivery.
6.3 Whilst the Company will use its best endeavours to adhere to any time stated for delivery any dates quoted for delivery are approximate times only and the Company shall not be liable for any delay in delivery of the Goods howsoever caused.
6.4 Title of the Goods will only pass to the Customer when the Company has received payment in full of all sums due in connection with the supply of Goods by the Company to the Customer at any time. In the case of payment by cheque, bill of exchange or note, title shall not pass to the Customer until the same is honoured.
On receipt of the Goods the Customer is deemed to have examined the Goods carefully and the signing of the delivery note or device is conclusive evidence that the Customer has examined the same and that those which the Customer has ordered.
8. DISTANCE SELLING REGULATIONS
You have a right to cancel your order within
seven working days following the day after the date of delivery for any
unused item purchased through the telephone or web site under the
distance selling regulations for refund.
To cancel any item, you can e-mail, fax or write to us quoting your customer ID number and NH invoice number. You must take reasonable care of the items, retain all original packaging and must not use them. Goods must be returned to us within seven days of your notice to cancel. Items must be returned to the Company. All goods are returned at your own expense unless the item is deemed faulty or incorrect, where we will refund the cost on receipt of the goods. Should you require your unwanted goods to be collected, we will deduct the appointed carriers direct costs from the refund given.
Providing the goods are received back in an unused condition and in their original packaging with all accessories, you will receive a refund within thirty days of your notice to cancel. For your security please return items recorded delivery with insurance paid as a minimum. This does not apply to any perishable goods, or item personalised or made to your specification.
9.1 Items made to Customer’s own specifications are NOT returnable as Customer has signed document before ordering said Goods making them aware of this fact and solely responsible for all specifications given.
9.2 No Goods may be returned without the prior authorisation of the Company.
9.3 Application to the Company for the return of Goods must be made within seven (7) working days from receipt of Goods by written or hard declaration (fax, e-mail, letter).
9.4 The Customer is responsible for the return of the Goods from any part of the world and will bear all carriage costs accordingly unless the Goods are deemed faulty upon manufacturer’s inspection at the Company, whereon the Company will refund all reasonable carriage costs.
9.5 If a Customer shall allege that the Goods be defective he shall submit a written application for the examination of Goods under complaint to the Company with the Goods in question and on receipt of the same the Company shall arrange for an examination of the Goods by the manufacturer of the Goods.
9.6 On receipt of the report from the manufacturer the Company may at its own discretion make and allowance if the Company considers appropriate by the issue of a credit note or refund to the Customer
9.7 Goods lost in transit: the Company must be notified within seven (7) days of the non-arrival of Goods. Failure to do so will result in an unacceptable claim.
9.8 Goods accepted for return as a result of the Customer’s error will attract the original delivery costs plus a 30% restocking fee and any return charges if applicable.
Save where the Company can be shown to have failed to exercise reasonable care in the supply of the Goods and such failure results in the death or personal injury the Company shall not be without prejudice be liable to the Customer for loss injury or any damage of any kind whatsoever consequential which result directly or indirectly from the Company’s supply or failure to supply Goods to the Customer.
The Company shall be entitled without the prior consent of the Customer to subcontract the whole or any part of the Contract or to employ any independent contractor to perform its obligations under the contract.
12 FORCE MAJEURE
In the event that the manufacture or delivery of any of the Goods is prevented or hindered directly or indirectly by fire, the elements, war, civil commotion, strikes or lockouts, industrial disputes, acts of terrorism, acts of God, shortage of raw materials or fuel notwithstanding the Company has taken all reasonable steps to procure the same, shortage of labour, break down or partial failure of plant and machinery, late receipt of the Customers order or other necessary information acts, orders or regulations of the Government, delay in any part of any independent subcontractors or supplier, or any other cause whatsoever beyond reasonable control of the Company then the time for the delivery of the Goods shall be extended for a reasonable period having regard to the effect to the delaying cause on the manufacture, delivery or performance.
The Company does not sell products for purchase by person or persons under 17 years of age.
14 GOVERNING LAW
These terms and conditions are governed by and are to be construed in accordance with the laws of England and Wales. The Customer agrees to submit to the non-exclusive jurisdiction of the English Courts in the event of any dispute arising out of or in connection with these terms and conditions.
The Factory warranty constitutes the only warranty with respect to the sale of the goods. North Hants Tyres hereby expressly disclaim all warranties either expressed or implied including any implied warranty of merchantability or fitness for a particular purpose. North Hants Tyres neither assumes nor authorizes any person to assume for it any liability in connection with the sale of any goods.
Life of the tyre up to four (4) years from date of sale. Tyre is deemed out of guarantee at three (3) years or 2mm tread depth. All tyres are returned to the manufacturer for independent inspection.
CHROME ALLOY / STEEL WHEELS
Six (6) months warranty on the chrome. Lifetime structural warranty. Manufacturer’s maintenance instructions must be followed, if these are missing or lost, please refer to website or contact us.
POLISHED ALLOY WHEELS
Twelve (12) months warranty on the polished finish. Lifetime structural warranty. Manufacturer’s maintenance instructions must be followed, if these are missing or lost, please refer to website or contact us.
ALL OTHER PRODUCTS AND SERVICES
Covered by manufacturer’s guarantee.