Diagnostic Connections Limited supply goods and services only subject to these terms and any person (here in after called 'The Buyer') supplied by Diagnostic Connections Limited (here in after called 'The Company') accept these terms will govern all contractual relations between them to the exclusion of any terms contained in any Buyer's documents even if the Buyer's terms purport to provide that the Buyer's own or some other terms prevail.
No employees 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 representations or warranties.
Payment of Accounts
All accounts must be paid not later than the 30th day of the month following the month in which the goods were invoiced. Any dispute/query relating to the quality of goods or service provided must be stated in writing within two weeks of receipt. In the event of default in payment the Company reserves the right to suspend or cancel credit facilities and to charge an additional account service charge charge at a rate of 2% over normal Bank Base Interest Rate at monthly intervals on the overdue portion of the account until the arrears are cleared.
Where the Buyer submits a cheque to the Company, if the money amount drawn exceeds the amount in the Buyer's bank account or the cheque is not honoured by the Buyer's bank, all bank charges and other costs incurred by the Company relevant to the cheque will be charged to the Buyer.
It is the buyer's responsibility to ensure that payment is made to the Company by the due date.
We regret that goods specially ordered, made or manufactured cannot be accepted for credit. 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 Director of the Company and will be subject to a handling charge of 15% of the price charged to the Buyer.
Damage or Shortage
Damage or shortage of goods found by the buyer must be notified to the Company within three days of delivery. 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 Company. No liability will be accepted by the Company for non-delivery or delay in delivery.
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 legally may do so any condition or warranty implied by statute or otherwise as to the fitness of its goods for any particular purpose. Any technical co-operation between the Company, its suppliers or the Buyer 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 Buyer however caused.
Reservation of Title Because of the large number of individual part numbers and reference and the unique applications of individual automotive parts and supplies it is recognised by the Buyer that it is outside the bounds of normal possibility for any parts or supplies of the same number or reference on the Buyer's premises not to relate to parts and supplies of the same part number or reference supplied by the Company.
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 Buyer shall hold the goods as Bailey for the Company and must keep the goods free from any charge, lien or other encumbrance. The Buyer 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 Company.
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 date. The Company and its associated companies may enter upon the premises of the Buyer to repossess such goods. Where 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 premises.
Prices shall be as ruling at the date of dispatch.
Quotations do not constitute an offer and shall not bind the Company until an order has been placed and accepted.
Acceptance of Order
Orders are only accepted once the goods have been delivered. Processing of a payment and acknowledgement of an order does not constitute a legally binding contract.
All orders whether oral or written are subject to these terms but nothing in these shall be deemed to affect the statutory rights of the Buyer.
The Company does not recognise any terms and conditions of contract supplied by the Buyer unless any such terms and conditions are specifically acknowledged and agreed in writing by a Director of the Company. Execution of, compliance with, or implementation of orders does not imply acceptance of the Buyer's terms and conditions.
Unfair Contract Terms
The Company has drawn these Terms of Business in the light of the Unfair Contract Terms act 1977 and the Unfair Terms in Consumer Contracts Regulations 1994 and considers them to be fair and reasonable and its prices are based on contracts made on these conditions. If the Buyer considers these terms to be unreasonable, they must inform the Company in writing before any contract is made, otherwise he will be deemed to have accepted that the Company's term are fair and reasonable.