In these terms and conditions of sale the following words will have the following meanings:
The Purchaser shall mean the individual, person, company or other body placing the order.
The Seller shall mean Tyre Fit Direct
The Products shall mean Pneumatic tyres, covers, tubes, batteries and any other goods or materials sold by Tyre Fit Direct or its Agents.
Words denoting the singular shall include the plural and vice versa.
1. All contracts of sale are accepted by the Seller subject to these terms and conditions to the exclusion of all other terms and conditions specified by the Purchaser. Acceptance is conditional upon the availability of the Products and fitting capacity, at the sole discretion of the Seller. Acceptance of the delivery of the Products constitutes acceptance of these terms and conditions.
2. All prices quoted on the Tyre Fit Direct website, in brochures, price lists, correspondence, advertisements or promotional literature are subject to confirmation at time of order.
3. All Goods are payable at the time of order, unless the Purchaser has an approved credit account. If the Purchaser has an approved credit account Payment for the Goods shall be not later than 30 days from the date of invoice. The Seller reserves the right to charge interest on a daily basis from the date of invoice on all sums due at the rate of 1.5% per month or part thereof until payment is received. At its sole discretion the Seller may cancel or amend any credit limit previously granted. A 2% charge may be made for credit card payments, no charge for debit cards.
4. Risk in the goods shall pass to the Buyer as soon as the Products are delivered or fitted to any vehicle owned by the Purchaser or the Purchaser's Customer or client or to a place specified by the Purchaser. Property in or title to the Products shall remain vested in the Seller until the Products have been paid for in full and that payment is received by the Seller. Until title passes to the Purchaser all Products shall be held by the Purchaser as bailee of the Seller and shall be stored separately from any other goods and identified as the property of the Seller. Where tyres have been fitted to a vehicle they must not be removed from that vehicle without the written consent of the Seller and the vehicle must not be sold or disposed of without the written consent of the Seller prior to payment being received by the Seller.
5. In the event of non-payment or the appointment of a Receiver or Administrator over the whole or part of the Purchaser's assets the Seller may remove the Products. Where the Products are tyres upon the said removal of the tyres by the Seller a charge will be made by the Seller for the amount of tread used and for the fitting/removal costs involved. The Purchaser agrees that in the event of the Seller repossessing the tyres the Seller will not be responsible for re-fitting the original tyres which by then may have been disposed of.
6. Unless otherwise agreed in writing the Seller will remove all worn casings and any other used items which have been replaced by new Products and they will be disposed of at the discretion of the Seller.
7.1 All queries will be dealt with at the original fitting location. It is the responsibility of the Purchaser to return the vehicle to the original fitting location for this purpose.
7.2 In the event of a complaint concerning a suspected manufacturing defect the Purchaser will pay in full for a replacement Product which the Seller will fit. The Seller will then return the Product that is suspected of being defective to the manufacturer for inspection. If the manufacturer confirms that the Product is defective a refund will be made. The amount of the refund will take into account the nature of the defect and the amount of use that the Purchaser has derived from the Product. The decision of the manufacturer will be final.
8.1 Repairs will be carried out at the original fitting location. It is the responsibility of the Purchaser to return the vehicle to the original fitting location for this purpose.
8.2 Tyres will be repaired to BS AU159 which involves removing the tyre from the wheel in order that a full inspection can be carried out to ascertain if any internal damage has occurred. As the objective is to return the vehicle to a roadworthy condition it will be necessary for the Seller to have a replacement tyre available in case the punctured tyre is found to be damaged beyond the scope of BS AU159. In order to do this the Purchaser will pay in full for a replacement tyre. The price paid will be the Seller’s current list price at the date of the repair. If a repair can be executed the full cost of the tyre will be refunded by the Seller to the Purchaser.
8.3 If the original tyre is not available the Purchaser will pay in full for an equivalent tyre as specified by the Seller.
9. If and to the extent that any provision or any part of the Seller's conditions are illegal, void or unenforceable, then such provision or part thereof shall be deemed to be severable from the remaining provisions or parts all of which remaining provisions shall remain in full force and effect.
10. The Seller will upon request provide an indication of an arrival time at the Purchaser's premises or the Purchaser's client's premises. This estimated time of arrival should be regarded as a guide only and no responsibility can be accepted for lateness, however caused.
Law
11. These terms and conditions shall be governed in accordance with English Law.
