The following Conditions of Sale (unless otherwise specifically agreed to in writing) are an essential
part of all Quotations, Estimates and Contracts by Des Shelley Shafts (hereinafter called ”The
Company” ) relating either to the sale of goods by the Company or to the sale of goods and/or
Installations by the Company.
1. QUOTATIONS AND ESTIMATES:
Quotations and estimates are binding only if and when an Order based thereon is accepted in
writing by the Company.
2. DESCRIPTIVE MATTER:
Descriptive specifications, drawings and sketches and information contained in catalogues or price
lists or other advertising or general information shall not form part of any contract.
3. PRICE VARIATIONS:
The Company will make every reasonable effort to maintain quoted or estimated prices, but these
may have to be adjusted to cover increase in costs of labour, materials, insurances or carriage which
may arise after the date of quotation or estimate. Therefore (unless otherwise specifically agreed in
writing) orders are only accepted on condition that the prices invoiced and to be payable by the
buyer are those ruling at the date of despatch.
4. MINIMUM ORDER VALUE:
The minimum value of an order which the Company will supply is that ruling at the time of purchase,
and the buyer will be invoiced for this amount for goods ordered up to and including this value.
5. CANCELLATION OF ORDERS:
Once an Order has been accepted by the Company it cannot be cancelled except by mutual
agreement in writing and on such terms as are agreed between the Company and the buyer.
6. TERMS OF PAYMENT:
Payment is due not later than 30 days from date of invoice. Failure to pay for any goods in
accordance with these conditions of sale or any other terms which may be specifically agreed in
writing will at the Company’s option relieve the company from making any or any further deliveries
or carrying out any further work under the contract in question or under any other contract which
may exist between the Company and the buyer in question during the currency of the firstmentioned
contract but without prejudice to a claim by the Company for damages for the buyer’s
non-performance of any such contracts.
7. DAMAGE OR LOSS IN TRANSIT:
The Company is not liable for any damage to or loss of goods in transit howsoever arising. Goods
shall be deemed to be in transit as soon as they have left the Company’s works irrespective of the
identity of the carrier.
8. INSPECTION, RISK AND RETURN OF GOODS:
Home Trade Orders: Goods shall be at the buyer’s risk at all times after the same have been
despatched from the Company’s works. Any goods delivered to the buyer which he is entitled to
accept and which he does refuse to accept must be returned by the buyer forthwith to the Company
at the Buyer’s expense. Customers wishing to return goods inadvertently ordered may do so, after
prior agreement with the Company, but will be subject to a handling charge and must be in the “as
supplied” condition.
9. DESPATCH:
The Company will make every reasonable effort to despatch by any date which may be agreed in
writing but no such despatch can be guaranteed. The Company shall not be Iiable to pay any sum by
way of compensation or damages in the event of any delay in despatch or any non-despatch
irrespective of the circumstances. Each despatch shall constitute a separate contract. Where
separate despatches are made the Company reserves the right to withhold any despatches whilst
the account is overdue.
10. SHORTAGE OR DAMAGE
(Home Trade): In no event will any claim for shortage of or damage to any goods howsoever arising
and of whatever nature be entertained or any allowance made in respect thereof unless the
Company are advised of the complaint in writing within three days of receipt of the goods and are
given an opportunity of verifying the same.
11. DEFECTIVE GOODS:
Subject as mentioned below the Company guarantees that all reasonable care will be taken to
ensure good quality of both material and workmanship and that in the event of any defect arising
within 12 months from the date of invoice (or as agreed in writing) will repair or replace goods free
of charge provided that:- (i) That goods are returned “Carriage Paid” to the Company’s works and (ii)
It is proved to the Company’s satisfaction that the defect is due to faulty material or workmanship.
This obligation to repair or replace defective goods shall be the full extent of the Company’s liability
under the above guarantee and the Company shall not be liable for any further or other claim in
respect of loss, damage, injury or expense of whatever nature arising in any way from or out of any
goods sold by the Company.
12. SUITABILITY OF GOODS AND MATERIALS
(a) The Seller warrants that the goods supplied shall remain free from defects from faulty materials
or bad workmanship until 12 months after the delivery of the goods save that the warranty shall be
for a period of 6 months (unless otherwise advised) in the case of goods belonging to the buyer
which are modified or repaired by the Seller and not wholly manufactured by the Seller. (b) The
Seller warrants the suitability and application of the goods and materials used when the goods are
manufactured, modified or repaired following accurate completion by the buyers of the Sellers
Propshaft Questionnaire and following the Sellers subsequent written recommendation but in all
other cases no such warranty is given or implied by the Seller. (c) The Seller confirms that any
product supplied by the Seller that may be used in a Motorsport or 4×4 off-road application may be
subject to a restricted warranty.
13. PROPERTY:
The Property in the product shall remain vested in the Company until all or any sums due or owing
to the Company by the Customer have been paid in full. If the Company shall so require the
customer shall mark, set aside, distinguish or otherwise appropriate the product as belonging to the
Company. The customer shall be entitle to sell and deliver the product to a third party and if the
customer has not been fully discharged all its indebtedness to the Company, the customer shall, if
required by the Company so to do assign to the Company the benefit of any claim (equal to the
amount of the indebtedness) against the third party and shall give such third party notice of such
assignment. If the product is sold to a third party the proceeds of such sale shall be held for the
Company by the customer in a fiduciary capacity and for the account of the Company unless and
until all sums due or owing to the Company by the customer are paid in full. This provision shall
apply even if the Company has not required the customer to give notice of assignment of the benefit
of any claims pursuant to General Condition 15 and shall be bonding on a Receiver Liquidator or
Trustee in Bankruptcy of the customer. Where the customer has made one or more part payments
under this or any other contract without discharging all debts or owing to the company, then in so
far as the customer has sold or parted with possession of any product the part payment or payments
so made to the Company or an appropriate proportion thereof shall be deemed to be made in
respect of that product or an appropriate proportion thereof.
14. FORCE MAJEURE:
The Company are not liable in respect of the consequential effects of “FORCE MAJEURE”.
15.
The Company will not be bound by any warranty of condition not expressly specified herein nor by
any verbal promises or representations made or purporting to be made by our agent or servants.
