Terms & Conditions of Sale
In these conditions 'the seller' means Fisher Motor Factors Ltd. and the buyer means 'the person, firm or company' purchasing the goods, 'the goods' means the goods or materials subject to the contract between the buyer and seller.
1 - Unless otherwise agreed in writing, every order placed with the seller shall be subject to these conditions of sale which shall override any standard terms or conditions stipulated, incorporated or referred to in the buyers order.
2 - All delivery dates are estimates only and the seller shall not be liable in damages for any delay in delivery nor shall the buyer be entitled to refuse to accept delivery, except delay of an unreasonable length has occurred due to circumstances within the sellers control. During any such period of delay, the buyer, after giving reasonable prior notice of his intention to do so, shall be at liberty to purchase elsewhere such goods only as shall be necessary for the buyers immediate requirements and to cancel delivery from the seller of any quantities so purchased.
3 - Quoted prices will be based on the sellers costs ruling at the date of quotation. In the event of these costs increasing prior to the fulfilment of the contract or the seller suffering an increase in costs due to exchange rate fluctuations or variations in import duties, the seller will be entitled to increase the price to recover any increased costs incurred.
4 - The buyer shall inspect the goods immediately upon delivery and shall within 7 days of such delivery give notice to the seller of any matter of thing by reason whereof the buyer alleges that the goods are not in accordance with the contract whether as to quantity, quality or otherwise. If no such notice is served by the buyer upon the seller, the goods shall be deemed to be in accordance with the contract in all respects and the buyer shall be deemed to have accepted them.
5 - Damage, shortage and pilferage in transit must be reported to the seller within 3 days after delivery of the goods. In case of breakages, the buyer must retain the damaged goods and packing material for inspection. In case of non-delivery within 7 days of despatch, the seller must be advised immediately. If the buyers non compliance with the above causes any subsequent claim to be refused by the carriers, the entire loss shall be borne by the buyer.
6 - The seller reserves the right to re-possess any goods whether or not combined with, or attached to, other items or materials in respect of which payment is overdue or incomplete and thereafter to re-sell the same.
7 - No contract between the seller and the buyer shall be a sale by sample having been provided for the buyers general guidance.
8 - If the buyer having served notice on the seller in accordance with clause 4 above demonstrates to the reasonable satisfaction of the seller that the goods are not of the quality specified in the contract the seller shall at its option either replace the defective goods with goods complying with the contract at the place for delivery specified in the contract or refund to the buyer the price paid by the buyer for the defective goods.
9 - The seller hereby notifies the buyer that the seller has available information concerning the goods and the conditions recommended for safe handling.
10 - These conditions of sale and any contract made pursuant thereto shall be subject and construed in accordance with English Law.