Europe Electric Vehicles Ltd
(Hereinafter referred to as the Company)
Conditions of Sale
The company reserve the right to alter prices without notification. Orders are accepted on the condition that they shall be executed at prices current at the date of dispatch.
The company’s policy is one of continuous improvement, and it reserves the right to make alterations to machines in its range without prior notice. The company reserves the right to make changes in the specification of the goods which are required to conform with any applicable safety or other statutory requirements which do not materially affect their quality or performance.
Prices include carriage mainland, but exclude VAT. All accessories and spare parts not ordered with the machine could be subject to carriage charges. All delivery dates quoted are approximate only and the company shall not be liable for any delay in delivery. Time for delivery shall not be the essence of the contract. The company reserves the right to deliver the goods in one or more instalments and to invoice each instalment separately.
Notification of damage, deviation, mis-delivery, delay or detention must be made to the carriers within 3 days of delivery of the goods and any claim made within 7 days of such delivery. A claim for non-delivery of goods can only be accepted if received by the carriers within 10 days from the date of the invoice.
In the event of late payment the company reserves the right to charge the purchaser;
1 All costs and expenses incurred in seeking to recover any overdue amount.
2 Interest at the rate of 3% over the published Bank of England base rate ruling at the time, such interest to accrue on a daily basis from the due date until payment (whether before or after judgement).
Cancellation of Order
Should the purchaser cancel the order of goods at any time, the company reserve the right to charge the purchaser a cancellation fee which should be made payable on receipt of invoice to the company within 7 days of order cancellation or invoice date.
The following cancellation charges are applicable.
All Deposits Paid in advance will be retained by the company.
30% of the purchasers net purchase price + vat for whole goods, where deposits have not been paid in advance.
20% of the purchasers net purchase price + Vat for spare parts.
Goods supplied by the company shall be at the purchasers risk immediately on delivery to the purchaser or to a third party receiving the goods on the purchasers behalf and the purchaser should therefore be insured accordingly. The purchaser will be responsible for the safe off-loading from any delivery of all the goods supplied by the company.
The legal and beneficial ownership of the goods supplied to the purchaser by the company shall remain with the company until all amounts owing to the company from the purchaser have been paid in full. Pending such payment, the purchaser shall hold all goods as a bailee for the company and shall keep them separate from all other goods belonging to the purchaser or any third party and separately identifiable against any unpaid invoices to the company.
The company at any time prior to payment in full being made require the purchaser to deliver up all such goods to the company, failing which the company shall be entitled forthwith to enter upon any premises of the purchaser or any third party where the goods are stored and retake possession of the goods.
Any sale by the purchaser of any goods before the property therein has passed pursuant hereto shall be as agent for the company and the proceeds of any such sale shall belong to the company and held by the purchaser separately from other monies in its possession. The purchaser on demand account to the company for all its dealings with goods.
All new goods sold by the company are subject to a warranty, full terms and conditions of which are set out in the warranty service procedure for dealerships, or in the contract for supply between the company and the purchaser, a copy of which has been supplied to the purchaser. Save as expressly provided in such warranty all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law provided that where the goods are sold to a purchaser dealing as a consumer nothing in these conditions shall affect the statutory rights of such a purchaser.
Save for the death or personal injury caused by the company’s negligence, the company shall not be liable to the purchaser for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or any other claims for consequential compensation whatsoever arising out of or in connection with the supply of the goods or their use by the purchaser, except as expressly provided in the warranty and service procedure for the dealership referred to above.
The company shall not be liable to the purchaser for any delay or failure on its part which is due to any cause beyond the company’s reasonable control (which shall include industrial action or trade disputes involving the company’s employees).
These conditions shall be constructed and take effect in accordance with the laws of England.