TERMS OF BUSINESS
These are the standard terms and conditions of sale of James Hart (Chorley) Limited (trading as Rapid Truck Parts) of Clover Road, Chorley Lancashire PR7 2NL, Tel. 01257 279414, fax: 01257 235199, Company No. 00580727. (“JAMES HART (CHORLEY) LTD” or “We”) sell its goods, including without limitation new commercial vehicle parts and used commercial vehicles both to the public and business buyers and anyway services provided in accordance with the following terms and conditions which shall apply to every transaction with you, the customer, unless they are modified in writing by the Company Secretary of JAMES HART (CHORLEY) LTD. If your Order incorporates any conditions whether they conflict with these conditions or extend JAMES HART (CHORLEY) LTD’s liability or otherwise, they shall not apply unless agreed in writing signed by us.
- We agree to sell the goods described on our order to you for the price agreed with you and you undertake to purchase these goods or services. We reserve the right to accept or refuse any order. We reserve the right to cancel any uncompleted order or to suspend delivery if the purchaser fails to observe or perform any terms of this agreement or if we reasonably believe you might do so.
- The goods will either be new or second hand and that will be made clear when they are sold to you. Used commercial vehicles will be roadworthy but will not match the quality and standards of brand-new vehicles or parts. For vehicles which are all supplied second hand, for a three month period from the date of delivery the vehicle’s engine gearbox and drive axle is warranted to comply with its description and be fit for its purpose and of satisfactory quality. Any other part of the vehicle is not warranted, including without limitation the clutch for such period as otherwise, and our liability is excluded therefore to the fullest extent permissible by law. We recommend that you subject all second hand vehicles to your own independent inspection and inspect the goods thoroughly before purchase. For new parts these are offered with a manufacturer’s warranty and conditions which we will also apply to your purchase provided you comply with its terms. Details of the manufacturer’s warranty will be supplied to you when you buy from us. No warranty is offered where the defect is caused by your abuse, negligence, or mishandling.
- In relation to any goods on which a warranty claim is to be made you must notify us as soon as is reasonably possible following receipt of the goods and in any event within 21 days of delivery.
- Where the goods are purchased to be taken abroad, including without limitation Ireland, and a warranty claim arises goods must be returned to us before such a claim can be considered.
- Once a special order is accepted by us it cannot be changed or withdrawn or delayed without our prior written consent. In such a case where consent is given you would be obliged to pay all costs incurred such as cost of goods already purchased which cannot be resold and labour/overhead costs, at the date of any cancellation of the Order.
- Prices quoted are subject to increase in the event of wages, costs of materials or other expenses increasing between the date of the Order and the completion of the sale.
- All invoices shall be paid by you to us 30 days from month end (date of Invoice) if after this time any over terms amounts remain unpaid, on the 7th of the month thereafter your account will be placed on stop with no further goods or services provided until the overdue amounts have been received. We may charge interest on overdue sums under the Commercial Debts (Interest Act).
- Every effort is made to despatch goods in time for delivery on the date specified on the order but you will not, unless specifically agreed in writing, be entitled to claim damages or compensation for any delay or cancellation by us before delivery.
- Title in the goods will only pass to you on payment in full for those goods and until such date the goods remain our property even though they are in your physical possession or that of a third party. We have a right to enter the premises where the goods are to recover them if you have not paid for them when due or if you go into liquidation or equivalent event. You will store the goods separately from other goods and mark them as ours.
- Where the goods are parts which have been incorporated into a vehicle the property in them will pass to you from such time when the goods are so used if they cannot be disconnected or removed from where they are installed. Risk shall remain with you from the date when goods are delivered to you or collected from us where you arrange collection.
- Where you breach these terms or we reasonably believe you will do so and where you do not pay an instalment for the goods or where you die or go bankrupt or are incapacitated, if an individual or if a company you go into liquidation, administration or a receiver or administrative receiver is appointed over any or all of your business or any distress or execution is levied on your goods then the full price of any goods already delivered or work done by us for you and any sums due or payable from you to us shall immediately become due and payable by you. In addition in such an event we reserve the right to cancel the contract or cancel or suspend delivery of any further goods.
- No concessions granted by us or failure to enforce a right shall affect our rights later to enforce such a right.
- Whilst every effort is made to ensure the goods are as described by us on any quotation given to you, we do not accept any liability for consequential or indirect loss, loss of profit, revenue or goodwill and all terms implied by law for satisfactory quality and fitness for purpose are excluded. In any event our total liability to you for breach of contract or otherwise shall not exceed the price you have paid for the goods which are the subject matter of the dispute. Nor are we liable if we cannot supply or are late in supply due to circumstances of force majeure including without limitation, Act or God, war, emergency, fire, riot, strike or otherwise. No statement other than in these terms or on our quotation or estimate to you, shall form part of the Agreement between us. These terms are the entire agreement between us. Nothing in this clause shall exclude or limit our liability for fraudulent misrepresentation or liability for death and personal injury caused by our negligence.
- The Supplier may set and vary credit limits from time to time and withhold all further supplies if the Customer exceeds such credit limit.
- If the Buyer wishes to return the Goods to James Hart (Chorley) ltd, it must first contact James Hart (Chorley) ltd and obtain James Hart (Chorley) ltd prior written agreement from an Authorised Representative. The Buyer is responsible for paying any carriage, delivery and insurance costs connected with the return of the Goods to James Hart (Chorley) ltd and any returned Goods must be accompanied by correspondence, stating the invoice number together with an exhausted list of reason(s) for return and evidence of the prior written agreement of an Authorised Representative at James Hart (Chorley) ltd who authorised the return. If the Buyer asserts that the Goods are faulty or defective whilst under warranty of the Goods (the respective warranty period as defined and/or agreed in writing within the Order) or:
- within 30 calendar days for Goods comprising of parts;
- within 30 calendar days for Goods comprising of second-hand vehicles(s),
from the date that the Goods were collected by the Buyer, it must provide an exhaustive list of reason(s) why the Goods are allegedly faulty or defective together with other written details to James Hart (Chorley) ltd as requested by James Hart (Chorley) ltd, relating to the Issue and the Buyer must also arrange for the Goods to be delivered to an address as stipulated by James Hart (Chorley) ltd at the Buyer’s cost, within 15 calendar days of by James Hart (Chorley) ltd request.
Upon the Buyer complying with its obligations, James Hart (Chorley) ltd shall act in good faith and exercise due care and skill to carry out an investigation into the Issue to enable James Hart (Chorley) ltd to make an appropriate judgement in relation to the Issue within 30 calendar days of receipt of the Goods. If James Hart (Chorley) ltd finds that the Goods are faulty or defective relating to the Issue arising from the Investigation, then James Hart (Chorley) ltd shall at its sole discretion either procure that the Goods are replaced with Goods of a similar or better specification, refunded or that the Goods are repaired in which the Buyer must then collect the Goods. Except in the case of faulty or defective Goods, the Buyer shall have no right to return any Goods which are made-to-measure, bespoke or ordered to special requirements of the Buyer.
- No rights are conferred on any third party by these terms and the Contracts (Rights of Third Parties) Act is excluded.
- This Agreement is subject to English law and you agree to submit to the non exclusive jurisdiction of the English courts in connection with any dispute.
- Estimates are effective only for 28 days after despatch. If instructions are not received from a customer (in respoe to an estimate rendered) within 28 days from despatch of the estimate, the Company may charge its usual garage rates from the date the vehicle was received until its collection. (Note:- The Company does not as a general rule make any such charge for garaging pending instructions, if the repairs are ultimately carried out by the Company and duly paid for.)
- (i) All estimates by the Company are based on the current cost to the Company of labour, material and spare parts at the date of estimate, and in the event of any variation occurring before or after acceptance the Company may if it thinks fit require the Customer to pay on completion of the work any increase due to such variation.
(ii) If no price is stated or if part only of the work covered by the estimate is carried out the Company shall be entitled to charge a reasonable and proper price for the work done (including any stripping down leading to determination as to the practicability or otherwise of any work and reassembly) and for materials and spare parts supplied.
(iii) If in the opinion of the Company it is impractical for any reason to carry out any of the work it is instructed to carry out it shall be entitled to refrain from carrying out or completing such work (notwithstanding that an estimate may have been given therefor) and to carry out only such work as in the opinion of the Company may be practicable.
- Variation of any kind in the estimate, or the scope of the repair, or the prices chargeable, or otherwise howsoever, shall be subject to all these conditions, and so that any such variation shall not be deemed to constitute or create a new or separate contract, and the original contract shall remain in force, but as so varied. No act of commission or omission by the Company in relation to any vehicle shall constitute a ‘deviation from the contact’, nor shall any such act disentitle the Company to the benefit of any of these Conditions.
- Every endeavour will be made to carry out the work by the time desired, but the Company shall not be liable for any delay howsoever occasioned and this notwithstanding that a definite date for completion may be specified
- Any work done or goods supplied in relation to a vehicle, by the order of any driver in the Customer’s employ, or by any person who is reasonably believed to be acting as the Customer’s agent, or by the order of any person to whom the Company is entitled to make delivery of the vehicle, shall be paid for by the Customer.
- Payment for all repairs and/or spare parts supplied is due on completion of work, but the Company may demand a deposit before commencing or in the course of any work. A repair is completed for the purpose of these conditions when notice has been given that the vehicle is ready for collection.
- The spare parts shall remain sole and absolute property of the Company and title in the spare parts shall not pass until the Customer has paid the Company in full for all the repairs and/or spare parts supplied, labour and taxes thereupon. If the Customer makes default in payment or if for any reason the Company treats the contract as discharged the Company may repossess the spare parts and the Customer hereby licenses the Company to remove the spare parts from.
- The Company shall have a general lien on a vehicle and all its contents for all monies owing to the Company by the Customer on any account whatsoever. The Company shall be entitled to charge £50 per day garage rent during any period in which the vehicle is retained by virtue of the lien.
- If the Customer’s indebtedness to the Company is not satisfied within three months from the first account rendered to the Customer, the Company may without notice, sell the vehicle and/or the contents thereof by public auction or private treaty. The net proceeds of the sale shall be applied towards satisfying monies due from the Customer to the Company, and any balance shall be paid by the Company to the Customer on demand.
- Where in any case a driver who, so far as the Company is aware, has the authority to collect the vehicle, collects the same, the Company shall not be responsible to the Customer for any loss or damage resulting, on the grounds that such driver had in fact no such authority, and this notwithstanding that delivery may have been made without payment of the Company’s account. It shall not be obligatory upon the Company to seek confirmation of the authority of any person reasonably believed to be then, or to have been at some time connected with the Customer.
- If a vehicle is not collected, and the Company’s charges are not paid within 24 hours after the delivery of the vehicle to the Company, the Company may charge its current storage rent at £50.00 a day in respect of the vehicle from the date of completion of the repairs until collection or disposal under Section 8 hereof or as the case.
- In connection with any inspection, repair, or contemplated repair, or other purposes for which a vehicle is accepted by the Company, testing, taking the vehicle to the coachbuilders or other specialists, demonstrations, etc., the Customer is deemed, unless express notice in writing is given to the contrary, to have authorised the driving of the vehicle on the road or elsewhere.
- Except in the case of consumer transactions the Company is not responsible for loss or damage to vehicles or other property whatsoever however occasioned, except when such loss or damage is caused by the negligence or deliberate act of the Company or its servants. Under no circumstances will the Company accept liability for loss or damage outside its control or for any indirect or consequential loss or damage, except direct physical damage to persons or property.
- The Customer shall be entitled to the benefit of any warranty to which the Company is entitled as against the manufacturer of parts and materials supplied or any sub-contractor. All work carried out by the Company is warranted against failure due to defective work for a period of three months / 3000 miles, whichever occurs the first. This warranty extends only to repairs actually undertaken and does not cover.
- All parts removed by the Company in the course of repair shall, if not claimed by the Customer within 14 days after the completion of the repair be deemed to be wholly abandoned to the Company and they shall become the Company’s absolute property accordingly.
- Any notice to the Customer posted to his last known address shall be good notice.
- Vehicles must be collected from the company’s premises within one working day o notification that the vehicle is ready notwithstanding that such notification is in advance of the estimated date for completion. Collecting of Vehicles will take place during the company’s working hours.
- The customer shall be responsible for and shall keep the Vehicle(s) fully insured against all risks while such Vehicle(s) are on the company’s premises.
- Payment shall be in full and not subject to any reduction on price or set off for all repairs and/or spare parts supplied, labour, taxes levied are due on completion of works to the Vehicle. If the Customer fails to pay in cleared funds on the due date all monies owning to the company, the company shall be entitled to charge interest on any amount overdue calculated on a daily basis at 5% over the base rate of the Bank of England from time to time until payment is received. The company reserves the right to demand a deposit before commencing or during the course of any work. A repair is completed for the purpose of these Terms and Conditions when notice has been given to the customer that the Vehicle is ready for collection.
- Save where the context forbids, the expression ‘vehicle’ wherever used in these Conditions includes car, lorry, van, trailer, caravan, invalid carriage and cycle, and as a separate unit or otherwise, engine, axle, gearbox, clutch, generator, starter, battery, and each and every component of a vehicle.
- No alteration or qualification of these printed terms and conditions shall be effective unless in writing, signed on behalf of the Company by a Director or a duly authorised officer of the Company. No other person has any authority to alter or qualify in any way the above printed conditions or to enter into any contract for repair for any of the purposes set out in the preamble above on behalf of the Company otherwise than on such conditions.
Customers are strongly advised to remove all items of value not connected with the vehicle when leaving it on the Company’s premises since the Company cannot accept liability for any loss or damage to the same except in consumer transactions when this is shown to have been caused by a lack od reasonable care on the part of the company.
February 2023 Parts Department Promotion
The following terms apply to the James Hart (Chorley) Limited Parts Department Promotion running from 1st February to 28th February 2023.
- Competition runs through the parts department only
- Minimum spend is £500 per customer
- You must quote “FABFEB” over the phone when placing the order
- Offer is running through the whole of February
- Maximum of 2 rewards per custom customer
1.1 The Customer acknowledges that the Supplier will require a deposit from the Customer (unless the Supplier provides its written consent to the contrary) of a proportion of the Price (Deposit).
1.2 Without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled to retain the Deposit (or part of it) in the following circumstances:
1.3 If the Customer fails to pay for the Deliverables in full within 30 days of the Deposit being paid; any reasonable sum the Supplier properly expends or incurs in putting right any failure by the Customer to comply with its obligations under the Contract. In the event that the Supplier’s costs exceed the Deposit in such circumstances, the Customer must reimburse such excess on written demand by the Supplier.
1.4 The Customer acknowledges that the Supplier may suffer loss in the event that Deliverables are not paid in full within 30 days of a Deposit being paid. For example, in light of the nature of some of our Goods, it is likely that they will lose value during this time and it may prevent the Supplier from selling Goods to someone else at full value. As such, the parties acknowledge that clause 1.2 is reasonable and proportionate to protect the Supplier’s interests.
2.1 The Supplier shall invoice the Customer for the Deliverables at any time before or after delivery or performance (as the case may be) of the Deliverables.
2.2 The Customer shall pay all invoices: in full without deduction or set-off, in cleared funds on such date as noted on the invoice (which will usually be the date prior to delivery of the Goods or performance of the Services unless otherwise agreed by the Suppler); and to the bank account nominated by the Supplier.
2.3 Time of payment is of the essence. Where sums due under these Conditions are not paid in full by the due date: the Supplier may, without limiting its other rights, charge interest on such sums at 5% a year above the base rate of the Bank of England from time to time in force, and interest shall accrue on a daily basis, and apply from the due date for payment until actual payment in full, whether before or after judgment.
- Any dates quoted for collection of the Goods are approximate only. Time for collection shall not be of the essence of the Contract for James Hart (Chorley) ltd but time is of the essence for the Buyer.
- The Buyer is obliged to collect the Goods from James Hart (Chorley) ltd premises of Clover Road, Chorley, Lancashire PR7 2NL, upon notification by James Hart (Chorley) ltd, on a day, other than a Saturday, Sunday or public holiday in England.
- All or any of the Services may be performed by James Hart (Chorley) ltd in advance of the collection date without James Hart (Chorley) ltd giving notice to the Buyer.
- If the Buyer fails to collect the Goods on the date and time stipulated by James Hart (Chorley) ltd then, without prejudice to any other right or remedy available to James Hart (Chorley) ltd, James Hart (Chorley) ltd may:
- store the Goods until actual collection is made and charge the Buyer for the reasonable costs (including insurance) of storage.
- upon notifying the Buyer, sell the Goods comprising of Vehicles at the best price possible after deducting all reasonable storage and selling expenses, account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract; or
- upon notifying the Buyer, sell the Goods comprising of parts at the best price readily obtainable and, provided that the Buyer has paid for the Goods in full, after deducting all reasonable storage and selling expenses, account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.
- For Goods comprising of vehicle(s), the Buyer and James Hart (Chorley) ltd shall have a handover of the Goods upon collection whereby both parties shall inspect the Goods for any defects or faults; the Buyer is obliged to raise any defects or faults with James Hart (Chorley) ltd at this event.
- Third party rights
- A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of the Contract.
- Any Affiliate of the Supplier shall be entitled under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of the Contract. The consent of any such Affiliate is not required in order to rescind or vary the Contract or any provision of it.
Definitions and interpretation
In these Conditions the following definitions apply:
Affiliate means any entity that directly or indirectly Controls, is Controlled by or is under common Control with, another entity.
Business Day means a day other than a Saturday, a Sunday or bank or public holiday when banks generally are open for non-automated business in England.
Conditions means the Supplier’s terms and conditions of sale set out in this document.
Contract means the agreement between the Supplier and the Customer for the sale and purchase of the Deliverables incorporating these Conditions and the Order.
Control has the meaning given to it in section 1124 of the Corporation Tax Act 2010.
Customer means the person who purchases the Deliverables from the Supplier and whose details are set out in the Order.
Deliverables means the Goods or Services or both as the case may be.
Deposit has the meaning given.
Encumbrance – a hire purchase agreement, mortgage, claim, charge, pledge, lien, hypothecation, guarantee, right of set-off, trust, assignment, right of first refusal, right of pre-emption, option, restriction or other encumbrance or any legal or equitable third party right or interest, including any security interest of any kind or any type of preferential arrangement (or any like agreement or arrangement creating any of the same or having similar effect).
Force Majeure means an event or sequence of events beyond any party’s reasonable control (after exercise of reasonable care to put in place robust back-up and disaster recovery arrangements) preventing or delaying it from performing its obligations under the Contract including an act of God, fire, flood, lightning, earthquake or other natural disaster; war, riot or civil unrest; interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service; or material required for performance of the Contract; strike, lockout or boycott or other industrial action including strikes or other industrial disputes involving the Supplier’s or its suppliers’ workforce, but excluding the Customer’s inability to pay or circumstances resulting in the Customer’s inability to pay.
Goods means the vehicles, goods and related accessories, spare parts and documentation and other physical material set out in the Order and to be supplied by the Supplier to the Customer.
Location means the address for delivery of the Goods and performance of the Services as set out in the Order.
Order means the Customer’s order for the Deliverables made in store, over the telephone, as set out in the Customer’s purchase order form, the Customer’s email, the Customer’s written acceptance of the Supplier’s quotation, or overleaf.
Price has the meaning given
Services means the services set out in the Order and to be supplied by the Supplier to the Customer.
Specification means the description or specification of the Deliverables set out or referred to in the Order.
Used Goods has the meaning given.
VAT means value added tax under the Value Added Taxes Act 1994 or any other similar sale or fiscal tax applying to the sale of the Deliverables.