Terms & Conditions

  1. Definitions”Buyer” Customer
    “Seller” Autovogue UK Ltd
    “Goods” Means the articles or things or any of the described in the order
  2. Buyers Order
    1. These terms and conditions apply to all contracts of sale by the Seller unless varies in writing by authorised representatives of the parties. The placing of an order for goods (and/or services) quotes herein and/or acceptance of such goods (and/or services) shall be deemed to be acceptance of these conditions notwithstanding any other conditions which may be set out in or referred to in any invitation quote or in any order.
    2. These terms & conditions alone are the terms and conditions of the agreement between the parties and supersede all prior dealings, negotiations, representations or agreements whether written or oral expressed or implied. No variation of or addition to these terms and conditions shall be effective unless in writing signed by authorised representatives of the parties.
  3. Conditions of GoodsThe goods shall:
    1. Conform as to quantity, quality and description in case of a written Order with the particulars stated in the Order, and in the case of a verbal Order, given by telephone or otherwise with the particulars noted by the seller at the time the Order is placed. It shall be the duty of the Buyer to check that an accurate note is taken in these circumstances via Invoice description or other
    2. Be equal to the sample or specification (if any) provided by the Buyer or that given by the Seller.
  4. Payment
    1. Ledger Accounts
      Unless otherwise agreed in writing between Buyer and Seller, all ledger accounts are due and payable strictly nett by the first of the month following the month of delivery to the Buyer.
    2. Cash Orders
      Orders from Buyers without an account are accepted if payment is made with Order.
    3. Interest Charges
      1. The Seller reserves the right to charge interest at an annual rate of 5% above the NatWest Bank minimum lending rate for the time being (minimum 12.5% p.a) on any invoice/statement remaining unpaid after due date and this charge shall accrue from day to day (as well after as before any judgement) on:-
        1. All overdue payments and
        2. The price of any goods of which the Buyer shall have failed to take delivery until the date actually delivered to the Buyer or are otherwise disposed of.
      2. All payments are due hereunder shall be made in full without set-off or counterclaims.
    4. Re-presentation of Cheques The Seller also reserves the right to charge the Buyer with the cost of re-presentation of cheques for what ever reason any cheque from the Buyer or his agent is not paid on first presentation for payment at any time, at an amount for the time being charged by NatWest Bank Plc.
  5. Delivery and Acceptance of Delivery
    1. Delivery
      Suggested delivery dates and promises of delivery are made in good faith and every effort will be made to keep to delivery dates given but time and place of delivery shall not be in the essence of this contract and the Seller shall not be liable for any loss caused through delay or failure to deliver.
    2. Acceptance of Delivery If the Buyer fails to take delivery of the goods or any part thereof at the time agreed for delivery then the Seller shall be entitled to cancel or suspend such delivery and all other outstanding deliveries and to charge the Buyer with loss suffered.
  6. CarriageUnless otherwise agreed between Buyer and Seller, prices shall include carriage. Where in any delivery and at any time the Buyer has agreed to be charged carriage either in full or in part, the cost of carriage will be shown as a separate item on the invoice. No allowance or discount will be allowed for goods collected from the Sellers by the Buyer.
  7. Packing
    1. Sellers Transport
      The goods to be properly packed and secured in such manner as to reach their destination in good condition under normal carriage conditions of the Sellers warehouse by the Buyer.
    2. Hired Carrier
      The Seller shall not be liable for any damage or consequential loss of any kind whatsoever which may be caused to any goods at any time prior to receipt by the Buyer arising out of the absence of packing or protection or out of inadequate or faulty packing when delivered by hired carrier.
  8. Returns & Cancellations
    1. Written Consent
      Goods ordered in error by the Buyer may be returned subject to the following conditions:

      1. Written consent by the Seller must first be obtained within 3 days.
      2. The goods must be in saleable condition and returned within 14 days from date of despatch to the Buyer.
    2. Handling Charge
      Returned or cancelled goods will be credited at the invoice price to the Buyer less a handling charge of 20% or 35% for imported or special ordered parts. Please obtain confirmation of where parts are obtained from purchasing, deposits which are requested to be returned will be returned providing no parts, order has been initiateted. Attract a total refund.
    3. General Returns
      The Buyer wishing to return goods other than those ordered in error by Supplier must negotiate with the Seller and obtain Seller’s written consent.
      Minimum handling charge on returned goods 25%.
      All parts returned as faulty, have to be returned to the Supplier or manufacturer before a decision can be made.
    4. Orders placed for work in our workshops that are cancelled prior to commencement will attract a 25% cancellation charge.
  9. Damage
    1. The Seller does not accept responsibility for any damage, shortage or loss in transit .
      1. Notification – Damage, loss in transit or shortages after notification to the Seller, within 3 days of receipt of goods carried by any other carriers. The carriers receipt should be endorsed accordingly and a copy sent to the Seller at the time of notification
      2. Claims – Non-Delivery (Total Loss) is notified to the Seller within 5 working days of the date of despatch.
    2. General Claims
      All other claims must be notified within 10 days of receipt of goods in the absence of notification of claims within the periods aforementioned the goods shall be deemed to be delivered in accordance with the Contract and of satisfactory condition.
    3. Warranty
      1. The invoice value of any goods supplied by the Seller and subsequently agreed by the Seller to be defective in design, materials or workmanship will be replaced or credited to the Buyer
      2. Where the Purchaser is a person dealing as a consumer there is to be implied in this contract the conditions and warranties contained in Section 13,14 and 15 of the Sale of Goods Act 1979. The statutory rights of the consumer are not affected.
      3. Save as provided in this clause all representation, warranties or conditions expressed or implied statutory or otherwise are expressly excluded.
  10. Ownership
    1. Goods
      Ownership in the goods will not pass to the Buyer until the Buyer has paid the full price owing and all such other amounts arising under this or any other contract and on any account whatsoever to the Seller for all goods supplied to the Buyer at any time of delivery until payment as aforesaid is made the goods shall be at the risk of the Buyer who shall be solely responsible for their custody and maintenance as if he were the owner.
    2. Payments
      Until payment in accordance with sub clause a) hereof the Buyer shall keep the goods as bailee for the Seller and shall be fully responsible for the comprehensive insurance of same and shall be accountable to the Seller for the proceeds of any insurance claim relating to the goods.
    3. Use
      Nevertheless the Buyer is entitled to use or to resell the goods to third parties in the normal course of its business on condition that the Goods or any amounts received from third parties for the goods are held by the Buyer as trustee for the Seller pending payment in full to the Seller and the Buyer will, at the written request of the Seller, enter into a legal assignment (in such forms as the seller shall reasonably require) of all rights, and claims that the Buyer shall have against any such third party. The Buyer warrants with the seller to sell the goods at the best price reasonably obtainable in the open market.
    4. Overdue Accounts – Insolvency
      Without prejudice to the provisions of Clause 4 hereof, the seller has the express right (to be exercised in absolute and unfettered discretion of the seller) to treat the contract as discharged 7 days after the due date for payment has expired, or in the event of the Buyer becoming insolvent, making an arrangement with its creditors or (in the case of an individual) being declared bankrupt or (in the case of a company) having a Receiver appointed over the whole or any part of its assets or becoming subject to a resolution for its winding up whether compulsory or voluntary and in any such circumstances the Seller shall have the right to repossess the goods and for such purpose has the right to enter the premises of the Buyer.
  11. Low Volume OrdersThe Seller reserves the right to vary its selling prices on any line or lines where the Buyer persistently orders in quantities not in accordance with agreed buying terms.
  12. Default of BuyerIf the Buyer makes default in any payment or enters into composition or arrangement with its creditors or if being an incorporated company has a Receiver appointed or passes a resolution for winding up or a Court makes an Order to that effect or it has a Receiving Order made against it or if there is any breach by the Buyer or any of the terms and conditions thereof, the Seller may without prejudice to its other rights and remedies and notwithstanding any previous waiver of this right, defer or cancel future deliveries and the Buyers power of sale referred to in clause 10 hereof shall cease automatically on the commission of any act of bankruptcy or an appointment of a Receiver or passing of a resolution for winding up or on compulsory winding up.
  13. Consequential LossNotwithstanding anything contained herein and except only as specified in the Warranty Clasue 9 ©, the Seller shall not be liable, under any circumstances, for loss of profit , use or goodwill or for delay in delivery or for any direct or indirect or consequential loss of any kind whatsoever whether caused by negligence or otherwise howsoever and all conditions and warranties whether expressed or implied are hereby excluded save only those which statute may not be excluded.
  14. Arbitration
    1. Disputes
      All disputes, differences or questions at any time arising between the parties as to the construction of the contract or as any matter or thing arising out of the contract or in any way connected therewith shall be referred to the arbitration of a single Arbitrator who shall be agreed between the parties of failing such agreement shall be appointed at the request of either party by the President for time being of the Law Society. The arbitration shall be in accordance with the Arbitration Act 1950 and any statutory modification or re- enactment thereof for the time being in force.
    2. Period Of Notice
      Notices shall be sent by post or by other means to the last know address of the Buyer. Notice shall be deemed served by post – 2 working days after posting or other means.
  15. English LawUnless otherwise agreed, the contract shall be subject to the English Law.
  16. These conditions are not exhaustive.