Terms and conditions
TERMS AND CONDITIONS OF SALE
These conditions apply when you are purchasing Goods from us.
1. DEFINITIONS AND INTERPRETATION
1.1 In these terms and conditions the following terms have the following meanings:
“Conditions” means these terms and conditions for the sale and purchase of Goods;
“Delivery” means delivery of the Goods by us to the applicable place of destination or, as the case may be, the Goods being ready for collection by you;
“Goods” means any goods to be supplied by us to you;
“Price” means all sums payable by you to us for the Goods;
“us”, “our” or “we” refers to the seller of the Goods under a Contract which is Mono-Trail Limited is named or identified as seller in any acceptance of your order or otherwise in the course of formation of the Contract in question; and
“Trailer” means Goods comprising any single wheeled motorcycle trailer or similar, but excluding spare parts and accessories.
“you” or “your” refers to the customer buying the Goods from us.
1.2 In these Conditions, unless otherwise stated:
(a) the singular includes the plural and vice versa;
(b) cognate expressions derived from the above definitions shall be construed accordingly; and
(c) “in writing” includes emails.
2. APPLICATION OF CONDITIONS AND FORMATION OF CONTRACT
2.1 In the case of your order for a Trailer, the Contract between you and us is formed only when we receive a signed order along with the required deposit with an acknowledgement back to you via email of our acceptance.
2.2 The images of the Goods on our website are for illustrative purposes only. Your Goods may vary slightly from those images.
3. PRICE AND PAYMENT
3.1 The Price quoted is a total price excluding any onward delivery/shipping costs.
3.2 Except where payment is made by you immediately on entering into the Contract, you will pay us for the Goods in accordance with any terms we have notified to you before the Contract is made. If we have not provided you with any such notification, the Price will be payable not later than the date of Delivery.
3.3 Unless we expressly agree otherwise, you must pay all invoices by BACS direct payment or by such other means of electronic funds transfer as we approve to such bank account as we have notified or may notify to you for this purpose from time to time.
4. DELIVERY AND RISK
4.1 All goods are to be collected from Mono-Trail Limited unless otherwise agreed
4.2 We will charge you for the cost of delivery in addition to the Price (if not included within the price)
4.3 Risk passes to you on Delivery.4.6 We shall not be liable to you for any loss caused by late Delivery of the Goods.
4.4 Immediately upon the Goods being collected/Delivered by/to you, you must carry out with reasonable care and diligence a visual examination thereof and promptly report to us any damage, defect or failure to comply with the Contract which is disclosed by such examination. Such report must be made so and to be received by us prior to acceptance of the goods.
5. OWNERSHIP OF THE GOODS
5.1 Ownership of the Goods does not pass to you until we receive payment in full in cleared funds of the agreed/quoted price, delivery and other charges under the Contract and of any other sums which are due by you under any other contract between us and you.
6.1 Providing the Goods are sold as new, the Supplier warrants that on collection/delivery, and for a period of 12 months from the date of delivery. Goods shall:
(a) conform in all material respects with the description given for them by the Mono-Trail Ltd
(b) be free from material defects in design, material and workmanship.
6.2 Subject to clause 6.3, if:
(a) the Customer gives notice in writing to the Supplier during the warranty period within seven 7days of discovery that some or all of the Goods do not comply with the warranty set out in clause 6.1;
(b) the Supplier is given a reasonable opportunity of examining such Goods; and
(c) the Customer and the Supplier will agree how best to resolve the issue (if asked to do so by the Supplier) returns such Goods to the Supplier’s place of business at the Customer’s cost, the Supplier shall, repair or replace the defective part (s).
6.3 The Supplier shall not be liable for Goods’ failure to comply with the warranty set out in clause 6.1 in any of the following events:
(a) the Customer fails to notify the Supplier of the defect within seven (7) days of its discovery;
(b) the Customer makes any further use of such Goods after giving notice in accordance with clause 6.2; (c) the Customer alters or repairs such Goods without the written consent of the Supplier; (d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or (e) the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
6.4 Except as provided in this clause 6.4, the Supplier shall have no liability to the Customer in respect of the Goods’ failure to comply with the warranty set out in clause 6.1.
6.5 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
6.6 These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier.
7. EXCLUSIONS AND LIMITATION OF LIABILITY
7.1 Nothing in these Conditions excludes or limits our liability:
(a) breach of the terms implied by section 12 of the Sale of Goods Act 1979; and (b) breach of section 2 of the Consumer Protection Act 1987;
7.2 Subject to clause 7.1
(a) our total liability in contract, tort (including without limitation negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising out of or in connection with our performance of or our failure to perform the Contract will be limited to the Price; and
(b) we shall not under any circumstances whatever be liable, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any loss of profit; or loss of goodwill; or loss of business; or loss of business opportunity; or loss of anticipated saving; or loss or corruption of data or information; or special, indirect or consequential damage
8 FORCE MAJEURE
If we are prevented, hindered or delayed in performing any of our obligations under the Contract by reason of any unforeseen event or circumstance beyond our reasonable control (including for example and without limitation non-availability of materials or necessary inputs from our suppliers), such failure will not be a breach of our obligations and we will be entitled to suspend performance of those obligations for such period of time during which we are prevented, hindered or delayed in doing so. When we are no longer prevented, hindered or delayed then we will resume performance of our obligations so far as reasonably practicable at that time and as soon as reasonably possible.
9. CANCELLATION / TERMINATION
All deposits received at point of order are non-refundable.
10.1 Subject to Condition 1.3, the Contract constitutes the entire agreement between you and us and cancels and supersedes any and all previous agreements (whether oral or written, express or implied) between you and us relating to the subject matter of the Contract. Except for the express written terms of the Contract, you and we acknowledge and agree that in entering into the Contract neither you nor we have relied on or been induced by any warranty, statement or representation of the other or any other person relating to the Contract. Nothing in the Contract will affect any liability of you or us for fraudulent misrepresentation.
10.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it will to the extent of such illegality, invalidity, voidness, void ability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision will continue in full force and effect.
10.3 Failure or delay by us in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of our rights under the Contract.
10.4 No term of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to the Contract.
10.5 If you sell or dispose of the Goods you can assign the terms of the Warranty provided that the sale is on an arm’s length basis and is a bona fide transaction. Except as provided in this Condition 10.5 you are not entitled to assign all or any part of this Contract.
The Contract will be governed by and construed in accordance with the laws of England and you and we submit to the non-exclusive jurisdiction of the English courts.
Mono-Trail Limited, registered in England (No. 06525682) at 154 Sapcote Road, Burbage, Leicestershire LE10 2AY