TERMS & CONDITIONS
1. GENERAL
All orders are accepted on the terms, conditions and exclusions herein contained. These terms, conditions and exclusions (either taken as a whole or in part or individually) shall not be varied, nor shall their application to any other order be excluded or limited in any way whatsoever, except as agreed by us in writing. Any additional work will be charged at our standard rates unless such work is included in a Contract.
2. PRICE
Prices given and prices quoted are those ruling at the date of the order, quotation or as shown in our list, and shall be subject to revision if increases in costs or other circumstances arise. Prices quoted exclude Value Added Tax, Sales Taxes or any similar Taxes, which will be charged additionally to the Buyer.
3. TERMS OF DELIVERY
a) Until Escapade 4x4 Ltd has been paid in full by the Buyer for goods supplied by Escapade 4x4 Ltd, such goods remain the property of Escapade 4x4 Ltd although the risk therein passes to the Buyer at the time of delivery (subject to the provisions in Clause 3(a) herein relating to storage of goods at the customer's expense), and the Buyer shall indemnify Escapade 4x4 Ltd against any loss or deterioration thereof or damage thereto, and without prejudice to any other remedies, Escapade 4x4 Ltd may repossess those goods at any time from the Buyer, and for that purpose Escapade 4x4 Ltd, its agents and servants may enter any premises upon which the goods are situated.
b) In the event of the Buyer re-selling any goods delivered to it by Escapade 4x4 Ltd before Escapade 4x4 Ltd has been paid in full, such part of the proceeds of such resale as are equivalent to the price at which the goods were invoiced to the Buyer by Escapade 4x4 Ltd shall be held by the Buyer on trust for Escapade 4x4 ltd and shall be placed by the Buyer in a separate account so as to be identifiable as being in the beneficial ownership of Escapade 4x4 Ltd. Further, the fact that property in the goods remains Escapade 4x4 Ltd’s until the price has been paid in full shall not prevent Escapade 4x4 ltd from maintaining an action against the Buyer for the price of the goods.
c) Escapade 4x4 Ltd do not take responsibility for any customs duty’s or import charges that may occur on any international orders or goods leaving the United Kingdom. Any additional charges that may occur on exported goods are the responsibility of the Buyer.
4. PROPERTY IN GOODS
a) Until Escapade 4x4 Ltd has been paid in full by the Buyer for goods supplied by Escapade 4x4 Ltd., such goods remain the property of Escapade 4x4 Ltd although the risk therein passes to the Buyer at the time of delivery (subject to the provisions in Clause 3(a) herein relating to storage of goods at the customers expense), and the Buyer shall indemnify Escapade 4x4 Ltd against any loss or deterioration thereof or damage thereto, without prejudice to any other remedies, Escapade 4x4 Ltd may repossess those goods at any time from the Buyer, and for that purpose Escapade 4x4 Ltd, its agents and servants may enter any premises upon which the goods are situated.
b) In the event of the Buyer re-selling any goods delivered to it by Escapade 4x4 Ltd before Escapade 4x4 Ltd has been paid in full, such part of the proceeds of such resale as are equivalent to the price at which the goods were invoiced to the Buyer by Escapade 4x4 Ltd shall be held by the Buyer in a separate account so as to be identifiable as being in the beneficial ownership of Escapade 4x4 Ltd. Further, the fact that property in the goods remains Escapade 4x4 Ltd’s until the price has been paid in full shall not prevent Escapade 4x4 Ltd from maintaining an action against the Buyer for the price of the goods.
5. NOTIFICATION OF LOSS OF, OR DAMAGE TO, NON-DELIVERY OF GOODS
Claims for damage to or loss of goods in transit must be submitted in writing both to us and to the carrier (if appropriate) as follows:
a) In the case of non-delivery of the whole of any consignment or of any separate packaging forming part of consignment – within 21 days of the date of dispatch shown on the invoice or advice note (whichever is the earlier).
b).In the case of damage or partial loss of the goods or shortages from packages – within three days of delivery. The goods received must have been signed for as damaged or incomplete. Failing which we shall not be liable in respect of any such claim and the goods shall be deemed to have been delivered in accordance with the contract complete and in a satisfactory condition.
c) In no case shall Escapade 4x4 Ltd’s liability in respect of claims for damage to or loss of goods in transit extend beyond an obligation either to repair or replace free of charge any such goods or (the election to be Escapade 4x4 Ltd’s alone) to pay to the Buyer up to the invoice price of the goods in respect of which a claim is made, and in neither event shall Escapade 4x4 Ltd be liable for consequential loss, damage or expense howsoever arising.
6. PAYMENT
Unless otherwise agreed in writing, payment shall be made at checkout or at the net invoice value, without any deductions, within 30 days of the invoice date, or in which (if ex works) the goods were ready for collection. Failure by the Buyer to make punctual payment shall entitle us to suspend any outstanding deliveries, or to cancel the contract so far as it remains unperformed at our option, and without prejudice to our rights to claim for the price of goods already delivered or manufactured at the date of cancellation, and for loss or injury occasioned thereby.
7. WARRANTY AND EXCLUSIONS
a) We undertake that the goods delivered to the Buyer will be of normal commercial quality and Escapade 4x4 Ltd’s duty to the Buyer relating to the quality of the goods delivered shall be limited wholly and exclusively to the duty to deliver goods of the aforesaid quality. Save as aforesaid any warranty or conditions, statutory or otherwise, express or implied, whether oral or written as to the quality of the goods or their fitness for particular purpose are excluded and negative.
b) The application and use of the goods is the absolute responsibility of the Buyer. Any technical and other advice, information and data provided by Escapade 4x4 Ltd, whether verbally, in writing or by way of trials or tests, is given without warranty and the Buyer shall be deemed to have carried out its own tests to ensure the suitability of the goods for its intended purposes and applications and the Buyer shall be deemed to have placed no reliance on any advice, information or data provided by Escapade 4x4 Ltd.
c) The Buyer must give to Escapade 4x4 Ltd immediate written notice containing full particulars of any claim that the goods are not of the proper quality to enable Escapade 4x4 Ltd to investigate the complaint before the remainder of the consignment of goods is used or returned to Escapade 4x4 Ltd. We shall not the liable for any defects in quality in the absence of such immediate notification and, in any event, our liability hereunder or in the case of any other breach of contract or misrepresentation shall be strictly limited to the invoice price of the goods proved by the Buyer to be of defective quality or to be such as to cause Escapade 4x4 Ltd to have been in breach of contract or quality of misrepresentation and shall not extend to consequential loss of any kind howsoever arising.
8. RETURNS
Should the Buyer wish to return goods when no fault exists in said goods, a returns number must be obtained from Escapade 4x4 Ltd. The returns number must be quoted on all correspondence and with the returned goods. Provided that the goods are returned in “as new” condition in their original packaging, Escapade 4x4 Ltd may accept the goods and make a refund. Refunds are subject to a minimum 5% restocking charge and carriage charges. The cost of parts and labour that may be required to return damaged goods to “as new” condition shall be added to the restocking charge. The decision to accept goods for refund rests solely with Escapade 4x4 Ltd.
9. ORDER CANCELLATION
If the Buyer wishes to cancel their order for a full refund this can only be done within the first 2 hours of placing the order. Orders cannot be cancelled after this timeframe.
10. DEPOSITS
Should the Buyer cancel an order, any deposit paid in respect of that order is non-refundable.
11. GOVERNING LAW
This contract shall be governed by and construed in accordance with the laws of England and the Buyer agrees to submit to the jurisdiction of the English Courts.
12. INSURANCE
Escapade 4x4 Ltd do not accept any liability for consequential loss.