- These conditions prevail over any conditions which the purchasers may purport to impose and which are at variance with these conditions. No alteration or modification of same shall be binding upon Commercial Motor Products Ltd (hereinafter referred to as CMP) unless specifically accepted in writing by CMP. All orders or contracts are subject to acceptance by CMP at its offices even if taken elsewhere by a sales person or selling agents. Quotations do not constitute an offer and shall not bind CMO until an order has been placed and accepted.
Verbal telephones or faxed orders or any variation to orders must be confirmed in writing by the buyer otherwise CMP will accept no responsibility for errors or subsequent misunderstandings. CMP assumes no responsibility for any orders which are duplicated as a result of a confirming order not being clearly identified as such.
- Unless otherwise expressly agreed, payment should be made within 30 days from the date of delivery. CMP reserves the right to impose on any buyer the special term “cash on delivery” if it considers it necessary. CMP also reserves the right to charge interest on delayed payments from the date of issue of the invoice on a daily basis at the rate of 3 per cent above Bank Overdraft Rate as imposed by the Ulster Bank Limited.
- Notwithstanding delievery and the passing of risk on the goods, title to the goods sold or agreed to be sold by CMP to the buyer under any other contract.
Until title to the goods passes to the buyer:-
- the buyer shall hold the goods as CMP’s bailee and shall keep those good separate from all other goods and property stored, protected and insured and identified as CMP’s property;and
- the buyer shall be entitled to resell or use the goods in the ordinary course of its business, but shall have a fiduciary duty to CMP to accounts for the proceeds of sale or otherwise of the goods, whether tangible or intangible, including insurance proceeds and shall keep all such proceeds separate from any monies or property of the buyer or customer and third parties and, in the case of tangible proceeds, properly stored, protected and insured;
- CMP shall be entitled at any time to require the buyer to deliver up the goods to CMP and, if the buyer fails to do so forthwin to enter into upon any premises of the buyer or any third party where the goods are stored repossess the goods and for that purpose the buyer hereby authorises and licences CMP to enter upon any land or building upon which the goods are situated to recover those goods.
- The buyer shall not be entitled to or in any way charge by way of security for any indebtedness any of the goods which remain the property of CMP, but if the buyer does so all monies owing by the buyer to CMP, forthwith become due and payable.
- The buyer must notify CMP in writing within 5 working days after receipt of any goods which do not appear to conform to specifications. The return of correctly supplied goods when accepted by CMP will incur a 20 per cent handling charge of the value of the goods excluding VAT at current rate. Goods supplied as special orders are not returnable. Goods cannot be returned without prior authorisation from CMP but if so authorised returns shall be subject to a 20 per cent handing charge excluding VAT at current. Goods supplied as special orders are not returnable. Goods cannot be returned without prior authorisation from CMP but if so authorised returns shall be subject to a 20 per cent handing charge excluding VAT at current rate.
- Catalogues, price lists and other material used for advertising are only an indication of the type of goods, and no prices or other particulars contained therein shall be binding on CMP. Unless otherwise stated all prices quoted by CMP do not include VAT at the current rate. Furthermore CMP reserves the right to vary the quoted price and goods will be invoiced at the prices ruling at the day of despatch unless otherwise agreed by CMP in writing.
- No exchanges or exchange of items will be permitted unless specifically agreed in writing by CMP. Such exchanges will be accepted subject to a surcharge and strictly upon the understanding that the items are returned within 10 days and the exchange items are not damaged.
- CMP will do its utmost to adhere to deliever dates but they are to be treated as estimates only. CMP accepts no responsibility for loss or damage resulting from delay on the delivery of goods. Delays due to circumstances outside the control of CMP shall not entitle the buyer to cancel any order or to refuse to accept delievery.
- Damage in transit or shortages must be reported in writing to CMP within 7 days of the receipt of goods, or, in the case of an undelivered consignment, within 7 days of the invoice date.
- CMP reserves the right to withhold delivery of orders and to ancel forthwith any credit facilities offered to the buyer and to supply the balance (if any) of this and any other outstanding orders on a cash on delivery basis where any buyer has not promptly discharged outstanding accounts.
- In lieu of any warranty implied by law we expressly grantee to replace or make good any parts supplied by use which may be defective through faulty materials or workmanship, provided always, that such parts shall be promptly returned free to our works within 7 days of the defect becoming apparent and not later than 12 months after the date on which they were despatched from CMP. On certain products an extended guarantee offered by the manufacturer may be passed on the CMP’s customer.
- CMP shall not be liable for any loss or labour incurred through stoppage, nor for any consequential damages, injury or expenditure however caused.
- The customer is reponsible for ensuring the goods ordered are suitable for the purpose for which they were required.