- the Company – means Track4Trade Ltd with registered office address : 9 Rowan Close, London, England, W5 4AG, and depot address: Unit 5B, Tomo Industrial Estate, Packet Boat Lane, Cowley, England, UB8 2JP.Company number: 07498606
- the Client – any person, company, authority and any other body which has purchased goods from the Company and has therefore joined the contract for the supply of services
- Goods – means the goods (or any part of them) set out in the Order
- Order – means the order made by the Client for the supply of Goods and/or Services, or Client’s written acceptance of the quotation provided by the Company
- The Company supply goods and services only subject to these terms and any customer (hereinafter called “the Client”) supplied by the Company accept that these terms will govern all contractual relations between them to the exclusion of any terms contained in any of the Client’s documents even if the Client’s terms purport to provide that the Client’s own or some other terms
- No employee or other person acting or purporting to act on behalf of the Company is authorised to agree or effect any alteration in these terms or make or give any representation or warranty in relation to the goods or services save only that a Director of the Company may in writing agree such alterations or make or give such representation or warranties
3. Payment of Accounts
- New business/accounts will be on a pro-forma basis for the first 3 months, an application for credit facilities can be made after this period.
- All accounts must be paid not later than the 30th day of the month following invoice
- A statement will be sent detailing all invoices and credits during the In the event of default in payment the Company reserves the right to suspend or cancel credit facilities.
- Where the Client submits a cheque to the company, which fails to be honoured, any costs incurred by the Company will be for the account of the
- It is the Client’s responsibility to ensure that payment is made to the Company by the due
- Preferred method of payment is by BACS but cheques are also accepted. Credit card payments are only accepted when preauthorised and will be subject to additional fees.
- Goods specially ordered or made cannot be accepted for
- Goods correctly supplied may only be returned if accompanied by the relevant invoice details.
- Goods returned after a period of 4 weeks may only be accepted with the authority of a Manager, or Director of the Company and will be subject to a handling charge of 10 – 15% of the price charged to the Client
5. Damage or Shortage
Damage or shortage of goods found by the Client must be notified immediately to the Company via phone or email and then confirmed by photographs of damaged goods sent via fax or email within 2 working days of the delivery date. Failure to do so will free the Company from any liability in this respect.
- Normally goods will be delivered carriage paid, but the Company reserves the right to charge for any special delivery or deliveries of small value, such charges being entirely at the discretion of the
- No liability will be accepted by the Company for non-delivery or delay in delivery
7. Fitness for Purpose
- The Company takes every care with regard to the quality and standard of manufacture of the goods it supplies as far as it is able to. However, as the goods are used for a multiplicity of purposes, and the Company has no control over the method of their application or use, the Company excludes so far as it may legally do so any condition or warranty implied by statute or otherwise as to the fitness of its goods for any particular Any technical co-operation between the Company, its suppliers, or the Client shall not affect this condition.
- Under no circumstances shall the Company be liable for any loss of profit or contracts or other consequential loss or damage on the part of the Client however caused
8.Reservation of Title
- Notwithstanding delivery and passing of the risk, legal and beneficial ownership shall remain in the Company until full payment for the goods has been made. Until ownership passes the Client shall hold the goods as bailee for the Company and must keep the goods free from any charge, lien or other encumbrance. The Client shall have possession of the goods but shall at all times remain accountable to the Company on a fiduciary basis in respect of the goods or the proceeds of sales of the goods until payment in full has been made to the
- The Company and its associated companies shall be entitled to repossess all goods not paid for if any sum due in respect of goods remains unpaid by the due The Company and its associated companies may enter upon the premises of the Client to repossess such goods.
- Where goods (or brands of goods) supplied by the Company can be identified on the premises of the Customer, and the Company can produce invoices or other evidence of supply of such goods, this evidence will be accepted as proof of supply of the goods by the Company irrespective of whether or not the invoice can be specifically related to the particular item/s on the Customer’s
- Notwithstanding the provisions of this clause and Section 49 (1) of the Sale of Goods Act 1979 the Company may bring an action for the price due under these Terms at any time after the price has become payable under these Terms
- Prices shall be as ruling at the date of
- Prices may be increased by the Company to the extent necessary to enable the Company to recover increases in costs incurred by the Company prior to the date of
Quotations do not constitute an offer and shall not bind the Company until an order has been placed and accepted.
11. Statutory Rights
All orders whether oral or written are subject to these terms but nothing in these terms shall be deemed to affect the Statutory rights of the Client.
12. Client’s Terms
- The Company does not recognise any terms and conditions of contract supplied by the Client unless any such terms and conditions are specifically acknowledged and agreed in writing by a Director of the
- Execution of, compliance with, or implementation of orders does not imply acceptance of the Client’s terms and
13. Unfair Contract of Terms
The Company has drawn these Terms of Business in the light of the Unfair Contract Terms Act 1977 and considers them to be fair and reasonable and its prices are based on contracts made on these conditions. If the Client considers these terms to be unreasonable he must inform the Company in writing before any contract is made, otherwise he will be deemed to have accepted that the Company’s terms are fair and reasonable.