Solent Body Builders & Repairs Limited

TERMS & CONDITIONS

• All invoices are due for payment upon presentation. All goods remain the property of Solent Body Builders & Repairs Limited until full payment has beenmade and has cleared through the banking system.

• Our terms of business require payment, in full, within thirty days after the invoice date. If these terms are not complied with a statutory right to interest(SRI) at 8% over the Bank of England base rate will be charged on outstanding balances. We understand and will exercise our statutory right to claim interestand compensation for debt recovery costs under the late payment legislation if we are not paid according to our credit terms.

• Any queries regarding invoices or reasons why payment in full will not be made within the due date should be notified to us within seven days of the date of theinvoice.

• Where a debt remains unpaid for thirty days or more after the delivery of goods or services, Solent Body Builders & Repairs Limited will apply the interestand compensation terms as laid down in The Late Payment of Commercial Debts (Interest) Act 1998. In this case, the following entitlements will apply:

• Compensation with regard to debts: up to £999.99 - £ 40.00

£1,000 - £9,999.99 - £ 70.00

£10,000 or more - £100.00

• Solent Body Builders & Repairs Ltd (and any name it hereby trades under) reserves the right to close the account without prior notice.

• You hereby agree to give us your formal PERSONAL GUARANTEE that, in the event that the Company is unable to pay our charges, the Directors agree to acceptpersonal liability on a joint and several basis to settle our account from their own personal assets.

• 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 ofany 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 dueto such variation.

• All vehicles including personal effects are left at the owners risk.

• Every endeavor 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 thisnotwithstanding 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 tobe 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 theCustomer.

• Where in any case a driver who, so far as the Company is aware, has authority to collect the vehicle, collects the same, the Company shall not be responsibleto 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 mayhave 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 personreasonably believed to be then, or to have been at some time connected with the Customer.

• Work may be suspended on any vehicles in the case of an account which is not settled within two calendar months from the end of the month in which a fee note isissued.

• In the event of suspension of work, in accordance with the above, Solent Body Builders & Repairs Limited cannot be held responsible for any costs, losses orexpenses incurred by Customers due to such suspension of service.

• The seller shall be under no liability whatever to the buyer for any indirect loss and/or expense (including loss of profit) suffered by the buyer arising out of abreach by the seller of this contract.

• In the event of any breach of this contract by the seller the remedies of the buyer shall be limited to damages. Under no circumstance shall the liability of theseller exceed the price of the goods.

• The seller warrants that the goods are of satisfactory quality and that they comply with any description or specification supplied by the seller. The seller givesno warranty that the goods are suitable for any particular purpose or for use under any specific conditions, unless the buyer has given full details of the purposeor conditions and the seller has expressly warranted the goods suitability in writing. Save as stated, the seller accepts all liability under any warranty express orimplied, statutory or otherwise. If the buyer alleges any goods fail to comply with the warranty given, it shall return the goods to the seller, which, after it hashad a reasonable time to investigate and examine the goods, may: 1) replace the goods; or 2) accept the return of the goods and credit the buyer with thepurchase price; or 3) make the buyer an allowance representing the difference between the value of the goods at the time of the complaint by the buyer and thevalue they would have had if they had been in accordance with the contract, providing the buyer pays the balance not in dispute according to normal terms. Goodsshall not be returned without prior agreement between the buyer and the seller. No claim can be entertained after the goods or any part thereof have beenprocessed in any way.

• Except as otherwise expressly mentioned in these conditions, the seller shall have no liability of any kind to the buyer in respect of any loss or damage (whetherdirect, indirect or consequential) suffered by the buyer, whether in contract or negligence or otherwise howsoever, other than for death or personal injury to theextent that it has caused by the negligence of the seller, its employees or agents. No forbearance or indulgence by the seller whether in respect of theseconditions or otherwise shall in any way affect or prejudice the rights of the seller against to buyer or be taken as a waiver of any of these conditions.

• Risk of damage to or loss of the goods shall pass to the buyer: 1) in the case of goods to be delivered at the sellers premises, at the time when the seller notifiesthe buyer that the goods are available for collection; or 2) in the case of the goods to be delivered otherwise than at the sellers premises, at the time of deliveryor, it the buyer wrongfully fails to take delivery of the goods, the time when the seller has tendered delivery of the goods. Notwithstanding delivery and thepassing of risk in the goods, or any other provision of these conditions, the property in the goods shall not pass to the buyer until the seller has received in cashor cleared funds payment in full of the price of the goods and all other goods agreed to be sold by the seller to the buyer for which payment is then due. Untilsuch time as the property in the goods passes to the buyer, the buyer shall hold the goods as the sellers fiduciary agent and bailee, and shall keep the goodsseparate from those of the buyer and third parties and properly stored, protected and insured and identified as the sellers property. Until that time the buyershall be entitled to resell or use the goods in the ordinary course of its business, but shall account to the seller for the proceeds of sale or otherwise of thegoods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any moneys or property of the buyer and thirdparties and, in the case of tangible proceeds, properly stored, protected and insured. Until such time as the property in the goods passes to the buyer (andprovided the goods are still in existence and have not been resold), the seller shall be entitled at any time to require the buyer to deliver up the goods to theseller and, if the buyer fails to do so forthwith, to enter upon any premises of the buyer or any third party where the goods are stored and repossess the goods.The buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the seller,but if the buyer does so all moneys owing by the buyer to the seller shall (without prejudice to any other right or remedy to the seller) forthwith become due andpayable.

 

SBB/SAE/06-2007.ISSUE2