Terms & Conditions

CONDITIONS OF SALE

1. DEFINITIONS

1.1 ‘The Company’ or 'Seller' means Shawtrack Services Ltd. The company's registered address is Unit F, Old Holding Yard, Mansfield Road, Clipstone, Mansfield, Nottinghamshire, NG21 9AP. The Company's Registration number if 3608499. 

1.2 ‘Warranty’ means the warranties and obligations on the company’s part in respect of goods in its standard form on the terms hereinafter contained or in any amended version notified to the customer before delivery of the goods which terms shall take effect and be accepted by the customer in lieu of and in substitution for all other warranties, guarantees, conditions, and obligations whether expressed, implied, statutory or otherwise after acceptance by the customer of the goods.

1.3 'Customer' means the person(s) or company by whom the goods are purchased and/or to whom the goods/services are supplied as set out in the Sales Order.

1.4 'Sales Order' means the Sales Order issued by the Seller to the Customer in respect of the goods/services.
 

2 PUBLICITY AND INFORMATION

Save for the specification all and any information, whether supplied directly or indirectly by or on behalf of the Company or reported or promulgated by a third party about any of the Company’s goods is intended to be no more than an illustrative or of publicity value and shall not form or constitute any form of warranty, specification or description of or as to any of the Company’s goods.

2.1 Any lists, catalogues, descriptions, information or advice provided by us in respect of goods is as accurate as possible although is for illustrative purposes only. In all instances it is your responsibility to assure yourself that the parts supplied are suitable for the application involved.

2.2 Goods supplied will conform in all material respects to their description or to any sample or specification provided to and accepted by us. We reserve the right to amend any design or specification without prior notification provided that it does not adversely affect the performance of the goods.

3 DELIVERY

3.1 Times or dates for delivery of goods to the customer contained in the tender are business estimates only and whilst the
Company will make every endeavour to deliver by the time or date given, time is not of the essence in respect of delivery
by the Company to the customer. Delivery is made by a Third Party logistics company; APC Overnight, or the company will make the goods/services available for collection by you at an agreed location. 

3.2 Delivery to the customer shall take place;
3.2.1 At the Company’s works on the date stipulated in notice from the company to the customer.
3.2.2 At the estimated time of delivery from the Company’s works of the goods to the customer following payment of carriage.
3.2.3 Upon delivery however effected the customer as bailee accepts liability and responsibility for safety of the goods and takes the risk of any loss or injury thereto however caused which may occur.
3.2.4 Where delivery is effected at the company’s works and the customer fails within 7 days to remove the goods from the premises the company shall be entitled to charge the customer garaging or storage costs until they are removed, or resell the goods to other customers.

4. ACCEPTANCE

4.1 Not withstanding that the goods may have been delivered to the customer in no case will any property in the goods pass to the customer until payment has been made to the company in full of the sales order together with any other costs arising from the cost of carriage. 

4.2 Goods shall be deemed to have been accepted by the customer as complying with the sales order terms unless written notice to the contrary setting out details of the alleged defect shall have been given to the Company within 14 days after actual receipt by the customer of the goods and thereafter the company’s liability to the customer shall be limited by the terms of the warranty.

4.3 Continuing use of the goods by the customer in and for the purpose of its business or for the purpose for which they were
intended shall in any event (and whether or not a notice of alleged defect has been sent to the company) amount to
acceptance of the goods.

5 PAYMENT

5.1 Payment of the sales order as invoiced to the customer by the company shall be made to the company’s office by the due date for payment in GBP only.

5.2 Payment for export orders shall be made in sterling against shipping documents out of an irrevocable Letter of Credit confirmed in London by a first class U.K. Bank approved by the company unless otherwise expressly agreed in writing by the company.

5.3 If payment of the sales order has not been made by the due date for payment then the Company may at its discretion and without being accountable to the customer for loss or damage howsoever arising at its discretion do one or more of the following;

5.3.1 Postpone delivery of the goods until payment has been made.

5.3.2 If delivery of the goods has been made;
5.3.2.1. Require the customers at its entire cost and risk to return the goods to the Company’s works 
Or
5.3.2.2. Recover them from the customer whether they are then in transit or at the customer’s premises or elsewhere and any such authority or consent necessary for the company or to a third party to enable such recovery is hereby expressly given by the customer.

5.3.3 Suspend performance of any other contractual obligation to the customer.

6 EXCLUSIONS AND RESTRICTIONS

6.1 Whilst the company will apply reasonable skill and care in the preparation or interpretation of the specification and in the manufacture of the goods the Company shall have no liability to the customer for and there is hereby (to the extent permitted by law) excluded any loss or damage howsoever and whomsoever caused or occasioned (including purely financial or consequential loss) to the property person or business of the customer, its servants, agents and licensees or any third party arising out of; 
6.1.1 Any mistake or error in the specification or its interpretation whether on the part of the customer or the company.
6.1.2 Any variation in the goods from the specification.
6.1.3 Any defect in the goods

6.2 If the customer shall upon receipt of the goods give notice to the company of a defect therein which is accepted by the Company as valid then its liability to the customer shall be limited to whichever of the following remedies the company may select; 
6.2.1 Replacing or repairing or causing to be replaced or repaired at its own cost any defective part or assembly.
6.2.2 Allowing the customer the cost of the repair or replacement of any defective part or assembly by a third party approved by the company.
6.2.3 Recovering the goods and repaying to the customer the sales order less a fair allowance for wear and tear when and whereupon the customer will at his own cost procure that there passes to the company a good marketable and unencumbered title.

6.3 The customer shall not exhibit or allow or cause to exhibit any goods supplied by the Company at any exhibition wherever held without the Company’s express consent.

7 CONSUMER RIGHTS*

*CONSUMER RIGHTS APPLICABLE TO CONSUMERS BUYING GOODS FROM OUR WEBSITE. Clause 7 only applies if you are a Consumer AND purchasing goods from our website.

7.1 In accordance with the Distance Selling Regulations 2000 you may cancel a contract at any time within 14 days, beginning on the day after you receive the Goods (the 'Cooling off Period').  If you want to cancel the contract within this Cooling-Off Period a refund (or, if you require, an exchange or replacement) will be provided in accordance with our refunds policy below.

7.2 To cancel an order under this contract, you must; 
7.2.1 Inform us in writing
7.2.2 Return the goods to us in the same condition in which you received them with the original packaging and the product documentation, and at your own cost and risk. The goods must not have been used and, where applicable, must not have been removed from the sealed clear packaging; and
7.2.3 Provide proof of purchase in the form of our invoice for the original supply of the goods/services

7.3 Nothing in this clause affects your statutory rights.

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