Terms & Conditions
1 Definitions and Interpretation
1.1 ‘Company’ – means Unique Van Bodies Limited.
1.2 ‘Customer’ – means the person(s), partnership, company or organisation that purchases the Goods or Services from the Company.
1.3 ‘Goods’ – means any Goods that the Company agrees to supply or sell to the Customer.
1.4 ‘Services’ – means any services provided by the Company to the Customer.
1.5 ‘Contract’ – means any contract or agreement between the Company and the Customer for the sale of Goods and or the provision of Services to the Customer that incorporates these Terms and Conditions.
2.1 Any Contract between the Company and the Customer will be subject to these Terms and Conditions to the exclusion of all other terms and conditions. Any other terms and conditions provided by the Customer or included by the Customer in any other document will not apply.
2.2 Quotations and estimates made by the Company to the Customer will be valid for 30 days from the date of issue and will be subject to these Terms and Conditions.
2.3 Unless otherwise agreed in writing, delivery of the goods will take place at the Company’s premises.
2.4 Orders accepted by the Company can not be cancelled without the consent of the Company, which will, in any event, only be given on such terms as will indemnify the Company against any loss howsoever suffered.
3.1 The Company has the right to supply Goods with variations in specifications and/or updated or equivalent Goods that are reasonably fit for purpose from those specified within our quotation and specification.
3.2 Designs and illustrations are subject to modification or improvement without prior warning.
3.3 If alterations to the goods or services are required due to changes in legislation which come about between placing an order and delivery, any additional costs caused by these changes will be met by the Customer.
3.4 Prices quoted are based on present day cost of material and labour. Should any variation occur during the execution of an order due to circumstances beyond the Company’s control, the Company may adjust the prices accordingly.
4.1 Estimates for repairs are based upon what can be viewed at the time of inspection without any dismantling. Supplementary estimates will be submitted in respect of any further defects discovered and additional charges will be made for the same.
4.2 No allowance will be made for any old parts replaced by new. Old parts may be examined before taking delivery of the vehicle, after which they will be destroyed.
5 Customer Vehicle and Goods
5.1 The Company is authorised to drive the Customer’s vehicle on the highway or otherwise as reasonably necessary for the performance of the Services.
5.2 The Customer’s vehicles will be driven at the sole risk of the Customer and the Company cannot accept responsibility for loss or damage to the Customer’s vehicle or property.
5.3 The Company has no liability for any vehicles held on the Company’s premises and the Customer shall indemnify the Company from any loss or damage to such vehicles.
5.4 Whilst every endeavour will be made to provide delivery on the day quoted, the Company does not accept any liability for failure to do so. In the case of strikes, lockouts, accidents, or any other unavoidable total or partial stoppage of work, or any act of default on the part of the Customer, the delivery date may be extended.
6.1 Legal and beneficial title in the Goods shall only pass to the Customer after full payment has been received in cash or cleared funds in full satisfaction of the contract price and any merits due in respect of any other Goods or Services provided by the Company to the Customer.
6.2 The Company may at any time and without notice require the Customer to deliver the Goods to the Company and the Company may repossess and resell the Goods if any amount due under any Contract or any other account is not paid when due and the Company shall have unrestricted access to any location where any of such Goods are situated. The Company shall have the right to claim the price of such Goods notwithstanding that title to the Goods has not passed to the Customer.
7 Disposal of Uncollected Goods
7.1 As soon as reasonably practical the customer will be informed that the vehicle / items are ready for collection. If the customer fails to remove the vehicle / items from the premises within three months of being informed, the business is entitled to sell / dispose of the vehicle / items in the manner permitted under the law.
7.2 In an attempt to obtain a reasonable price they will be sold or disposed of through recognised trade outlets and every reasonable attempt will be made to inform the customer as to how, when and where this is to take place.
7.3 Details of the proceeds from the disposal / sale shall be provided. The proceeds less the cost of disposal / sale will be set against the outstanding amount and any balance returned to the customer. The customer remains responsible for any monies that remain outstanding.
8.1 The Company shall have a general lien over any property of the Customer in its possession for any sum that is owed by the Customer to the Company.
8.2 The Company shall have the right to sell such property as agent for, and at the expense of the Customer and after accounting to the Customer for any balance after deduction of the sums due and all expenses in exercising the lien, the Company shall have no further liability in respect of such property.
Orders accepted by the Company cannot be cancelled without the Company’s consent, which will, in any event, only be given on such terms as will indemnify the Company against any loss howsoever suffered.
10 Price and Payment
10.1 Unless otherwise agreed, the price shall be payable prior to delivery in cleared funds. The Customer shall pay the price without any deductions for any reason.
10.2 Interest shall be liable on any sums overdue at the rate of five per cent above the Bank of England base rate.
11.1 The Company warrants that the Goods are of satisfactory quality and fit for purpose, if a purpose is agreed in the Contract. If no purpose is agreed in the Contract or stated in the quotation, then no warranty is given as to the fitness for any purpose beyond that for which the Goods are most commonly supplied.
11.2 The Goods are warranted against defective workmanship as follows:
bodywork - for a period of twelve months from delivery;
complete paintwork - for a period of six months from delivery.
11.3 Liability is limited to replacing or making good, at the Company’s discretion, such defective material or faulty workmanship free of charge, subject to the Company’s inspection, and agreement of the defective material or faulty workmanship. Any vehicle or parts, which may be subject of a claim under guarantee, must be returned to the Company’s works and collected from the Company’s works at the Customer’s expense.
11.4 The Company does not accept any liability whatsoever for any of the following:
11.4.1 Consequential damage due to failure or workmanship of any of the bodywork parts.
11.4.2 Materials, component parts and proprietary articles, not manufactured by the Company, but will assist the Customer in obtaining the benefit of any valid guarantee given by the makers thereof.
11.4.3 Defects which the Company is satisfied are due to wear and tear, racing, accident, improper adjustment, misuse or neglect.
11.4.4 Defects which the Company is satisfied have been aggravated by the continued use after the discovery of the defect.
11.4.5 The benefit of this warranty extends only to the Customer in direct contractual relationship in respect of the Goods in question with the Company or with the Company’s duly appointed agent. It is not transferable to any other person.
12 Limits of Liability
12.1 The Company will not be liable for:
12.1.1 Any indirect or consequential loss or any economic loss of profit whether direct or indirect.
12.1.2 A loss suffered by any third party.
12.1.3 Any non performance of any third party from whom the Company has procured goods and or services to be used with the Goods.
12.1.4 Any loss howsoever caused by the delayed or non delivery of the Goods or Services.
12.1.5 Any loss howsoever caused arising from: information or specifications supplied by the Customer; the acts or omissions of the Customer, its employees or agents; any goods, services or equipment supplied by the Company by any third party acting on the instructions or nominated by the Customer.
12.1.6 Any loss howsoever caused to the Customer’s vehicle or equipment while the vehicle or equipment is in the possession of the Company. The Customer must keep vehicles and equipment, in the Company’s possession, insured against all risks.
12.2 The Company’s total liability under this Contract shall not exceed the replacement cost of the Goods or Services provided under the Contract.