These are the conditions of sale which apply to all contracts between Feltham Tyre Ltd – trading as Feltham Tyre Centre (“the company”) and any purchaser (“the purchaser”) and shall apply to the sale of any of the Company’s products or services (“the goods”). Any person who buys from the company any goods or services will be bound by these conditions of sale and the exclusion of any conflicting terms and conditions of business of the purchaser and it is hereby agreed that any such terms of conditions contained or referred to in any document emanating from the purchaser shall not apply to any contracts with the company.
1. Any claims in respect of damaged goods or shortage on delivery must be made in writing so as to reach the company within 7 days of delivery.
2. The company is not the manufacturer of the goods. The goods are sold with all warranties (if any) issued by the manufacturers and based upon the fact that the manufacturers only manufacture goods of merchantable quality, the goods are transmitted without examination by the company upon the basis that any lack of merchantable quality is a matter between the purchaser and the manufacturer.
3. Prices are at all times subject to fluctuation and irrespective of any quoted prices in any literature of the company, goods will be invoiced at prices applicable for the goods ordered at the date of despatch.
4. Goods are sold and supplied on the condition that they may only be sold, offered or used upon the terms of the business arrangements and conditions of licence imposed by the manufacturers, copies of which are obtainable upon request.
5. Payment by cheque bacs or credit card shall only be deemed payment upon clearance of the payment method through the purchasers bank.
6. It will remain the responsibility of the driver of any vehicle to which wheels are fitted to check wheel nuts to the vehicle torque specifications (see Owner’s Handbook).
7. a) The property in and title of the goods shall remain with the company until all monies due from the purchaser to the company (upon whatever grounds and however such liability shall have arisen) have been paid for.
b) The goods shall be at the risk of the purchaser from the time that they are delivered to the purchaser or his agent.
c) Until title of the goods has passed from the company:
i) The purchaser shall take responsibility for any loss or damage and shall insure the goods and all other goods of the company as shall be in his possession to their invoice value.
ii) The purchaser shall not mortgage or dispose of the goods (other than by incorporating them in other products or reselling them in the ordinary course of the business) without the prior written consent of the company.
d) So long as the property in the title of the goods remains in the company, the company will be entitled to re-take possession of the goods at any times (whether or not such goods have been fixed to or incorporated in any other goods) and for that purpose to enter upon any premises of the buyer.
e) Notwithstanding that the title to and property in the goods has not passed to the purchaser, the purchaser shall be entitled to sell the goods or any part thereof, but such sale shall be deemed to be for the account of the company and any proceeds thereof shall be held by the purchaser on behalf of the company until the buyer has paid the price in full.
Unless otherwise agreed goods are supplied on a cash on delivery/ fitment basis. Company credit terms of payment are 30 days nett, unless agreed otherwise with the Directors and confirmed in writing.