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 been made 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 interest and 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 the invoice.
- 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 interest and compensation terms as laid down in The Late Payment of Commercial Debts (Interest) Act 1998. In this case, the following entitlements will apply:
- Compensation regarding 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, if the Company is unable to pay our charges, the Directors agree to accept personal liability on a joint and several bases 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 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.
- All vehicles including personal effects are left at the owner’s risk.
- 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.
- 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 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.
- 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 is issued.
- 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 or expenses 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 a breach 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 the seller 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 gives no 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 purpose or conditions and the seller has expressly warranted the goods suitability in writing. Save as stated, the seller accepts all liability under any warranty express or implied, 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 has had 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 the purchase 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 the value 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. Goods shall 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 been processed 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 (whether direct, indirect or consequential) suffered by the buyer, whether in contract or negligence or otherwise howsoever, other than for death or personal injury to the extent 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 these conditions 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 notifies the 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 delivery or, 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 the passing 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 cash or 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. Until such time as the property in the goods passes to the buyer, the buyer shall hold the goods as the seller’s fiduciary agent and bailee and shall keep the goods separate from those of the buyer and third parties and properly stored, protected and insured and identified as the seller’s property. Until that time the buyer shall 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 the goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any moneys or property of the buyer and third parties 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 (and provided 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 the seller 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 and payable.













