TERMS & CONDITIONS
GREEN CAR DEPOLLUTION LIMITED
STANDARD TERMS AND CONDITIONS OF QUOTATION AND SALE
1.1 When the following words or acronyms with capital letters are used in these Terms, this is what they will mean.
1.1.1 GCD: Green Car Depollution Limited;
1.1.2 You/Client: the company, firm, body or person who agrees to acquire Goods and/or Parts and/or Services from GCD;
1.1.3 Goods: the goods that GCD are selling to you as set out in the Order;
1.1.4 Services: the services that GCD are providing to you as set out in the Order;
1.1.5 Parts: the parts that GCD are selling to you as set out in the Order;
1.1.6 Order: your order for the Goods and/or Parts and/or Services
1.1.7 Terms: the terms and conditions set out in this document;
1.1.8 Event Outside of Our Control: is defined in clause 9;
1.2 When GCD use the words 'writing' or 'written' in these Terms, this will include e-mail and purchase order, quotations, deposit request and invoices documents unless GCD say otherwise. 1.3 Working Day: a day that is not a Saturday, Sunday or public holiday.
2 Client Contract
2.1 These are the terms and conditions on which GCD supply, Goods, or Services or both Goods and Services, to you as the Client. 2.2 Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you submit an Order. If you think that there is a mistake, please contact GCD to discuss, and make sure that you ask GCD to confirm any changes in writing to avoid any confusion.
2.3 These Terms and the Order establish the whole agreement between you and GCD. You acknowledge that you have not relied on any statements, promises or representations made or given by or on behalf of GCD which is not set out in the contract or the Order.
2.4 These Terms will become binding on You and GCD when GCD issue you with a written acceptance of an Order or You place an Order for Parts on our online spares shop, at which point a contract will come into existence between You and GCD.
2.5 If any of these Terms conflict with any term of the Order, the Order will take priority.
2.6 These Terms apply to the contract to the exclusion of any other terms and conditions that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of trading.
2.7 Any quotation given by GCD shall not constitute an offer and is only valid for a period of 30 days from the date of issue unless otherwise stated. This includes any general or special conditions inserted into the quotation.
2.8 The images of the Goods and/or Parts on Our site are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that your computer's display of the colours or the printed pictures accurately reflect the colour of the Goods and/or Parts. Your Goods and/or Parts may vary slightly from those images.
2.9 All Goods and Parts shown on our website are subject to availability. We will inform you as soon as possible if the Goods or Parts you have ordered are not available.
2.10 An order will be deemed as written or verbal instruction by the Client or employees or representatives of the Client for the provision of Goods and Services. GCD cannot accept any responsibility for incorrect instructions or orders by the employees or representatives of the Client which do not follow the Clients own internal purchasing procedure.
2.11 You confirm that you have authority to bind any business on whose behalf you order Goods and/or Parts and/or Services from Us.
2.12 Goods and/or Parts may be modified by GCD at the Clients request. All modifications must be agreed with GCD prior to delivery. If any issues are experienced when using the Goods and/or Parts, GCD will work with the Client to rectify the issue within reason and additional costs may apply.
3 Price and Payment
3.1 The price of the Goods and/or Parts and/or the Services shall be the price set out in the Order. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you. The only would be in 3.2. 3.2 It is always possible that, despite Our best efforts, some of the Goods and/or Parts and/or Services We sell may be incorrectly priced. We will normally check prices as part of Our despatch procedures so that, where the Goods and/or Parts correct price is less than Our stated price, We will charge the lower amount when dispatching the Goods to you. If the Goods and/or Parts correct price is higher than the price stated on Our Order, We will contact you to tell you and for your instructions. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, We do not have to provide the Goods and/or Parts to you at the incorrect (lower) price. An example would be a decimal point in the wrong place i.e., £1,000.00 shown as £100.00.
3.3 All capital sales will require a full or deposit invoice, and stage payments as necessary, the terms as agreed in writing by GCD.
3.4 Where the Client pays the balance on capital purchases, the Client shall be ready to take full delivery of the Goods. Where the Client is unable to take delivery of Goods following payment, a storage charge may apply for the period of time Goods are held at a GCD premises.
3.5 Where GCD are providing Goods and/or Parts to you via GCDs online spares shop, unless you have an open account, you must make payment for Goods and/or Parts in advance by credit or debit card. We accept payment with Visa, Visa Debit, Visa Electron, Mastercard and Maestro.
3.6 All prices are quoted ex-works and without Value Added Tax unless otherwise stated or agreed in writing with GCD. We will adjust the rate of VAT that you pay, unless you have already paid for the Goods and/or Services in full before the change in the rate of VAT takes effect.
3.7 All quotations are subject to any increase in wages and/or materials or transport between their date and the date of acceptance and during the currency of the contract.
3.8 Clients with open accounts will, unless otherwise agreed in writing by GCD pay for the goods net cash within 30 days of the invoice date. Interest will be charged monthly on all overdue amounts including interest charges at a rate of 5% per calendar month. 3.9 Where GCD are providing Services to you, GCD may ask you to make an advance payment of the price (or a percentage of the price) for the Services. GCD will invoice you for the balance of the Services on or any time after GCD have performed the Services. You must pay each invoice in cleared monies within 30 calendar days of the date of invoice.
3.10 The Company reserves the right to withdraw open account tenors at any time. 3.11 The prices for the Goods and/or Parts exclude delivery costs, which will be added to the total amount due and will be subject to the method of delivery.
3.12 Property of the Goods and/or Parts shall pass to the Client only on payment in full to GCD of all sums payable in respect thereof. Until such payment is received the Goods and/or Parts remain the absolute property of GCD and the Client shall allow GCD to repossess such Goods and/or Parts at its entire discretion and at any time prior to payment in full. Such repossessions shall not affect the continued existence of any contract between the parties.
4 Changes to Order or Terms
4.1 We may revise these Terms from time to time in the following circumstances:
4.1.1 changes in how GCD accept payment from You;
4.1.2 changes in relevant laws and regulatory requirements;
4.2 The Terms which cannot be varied, suspended or added to except with the prior written consent of GCD. Any variance of these terms and conditions shall have no effect unless agreed by GCD in writing.
4.3 Every time you Order Goods and/or Parts and/or Services from GCD, the Terms in force at that time will apply to the contract between you and GCD.
4.4 Our Order process on GCDs online spares shop allows you to check and amend any errors before submitting your Order to us. Please take the time to read and check your Order at each page of the Order process.
4.5 If GCD agree, you may make a change to the Order for Goods and/or Parts and/or Services at any time before GCD despatch the Goods and/or Parts or start date for the Services. Where this means a change in the total price of the Goods and/or Parts and/or Services, GCD will notify you of the amended price in writing.
5 Delivery of Goods or Parts
5.1 Time stated for delivery in quotations and order acknowledgments is estimated as accurately as possible but is not guaranteed.
5.2 All Goods are to be signed for on delivery and signed ‘Unexamined’ if they cannot be examined on receipt. Loss or damage should be reported within three (3) days of receipt and non-delivery within seven (7) days of despatch, shortages or loss should be addressed to GCD’s sales department within the above time limits. In the event of failure to do so the goods shall be deemed to have been delivered complete and in satisfactory condition.
5.3 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and/or Parts and your address and time shall not be the essence of the contract. Please allow for extra time for deliveries to the Scottish Highlands and Islands or Isle of Wight, Isle of Man, Channel Islands and Northern Ireland. 5.4 We deliver Goods and/or Parts to addresses outside of the UK ('International Delivery Destinations') ex works. We shall be under no obligation to give notice under section 32(3) of the Sale of Goods Act 1979.
5.5 We will contact you with an estimated delivery date. If delivery to you may be affected by an Event Outside Our Control. See clause 10 for GCD’s responsibilities when this happens.
5.6 If you have asked to collect the Goods and/or Parts from Our premises or delivery is ex works, collection or delivery will be by prior agreement.
5.7 Delivery of an Order shall be completed when GCD deliver the Goods to the address provided by the Client or You collect them from GCD.
5.8 Delivery is completed on the completion of (in the case of delivery) unloading or (in the case of collection) loading of the Goods.
5.9 In respect of Orders for Goods, in the case of delivery, the Client shall be solely responsible (at the Customer’s own cost) for immediately removing the Goods from the vehicle(s) containing the Goods as soon as the said vehicle(s) arrives at the Delivery Location. Furthermore, the Client shall accept strict liability for any damage caused to the Goods and/or the vehicle(s) containing the Goods in respect of the removal of the Goods from the said vehicle(s).
5.10 If no one is available at the address to accept delivery or you fail to take delivery, the Goods and/or Parts will be returned to GCD’s premises and GCD reserve the right to charge you for all related costs and expenses for delivery and re-delivery. Please contact GCD to rearrange delivery.
5.11 If GCD are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, GCD will deliver the Order in instalments. GCD will not charge you extra delivery costs for this. However, if you ask GCD to deliver the Order in instalments, GCD may charge you extra delivery costs. Each instalment shall constitute a separate Contract governed by these Terms. If GCD are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
5.12 The Goods and/or Parts will be Your responsibility and at your risk from the completion of delivery.
5.13 Until ownership of the Goods and/or Parts has passed to you, you shall:
5.13.1 hold the Goods and/or Parts on a fiduciary basis as Our bailee;
5.13.2 store the Goods and/or Parts separately from all other goods held by you so that they remain readily identifiable as Our property;
5.13.3 not remove, deface or obscure any identifying mark or packaging on or relating to the Goods and/or Parts;
5.13.4 maintain the Goods and/or Parts in satisfactory condition and keep them insured against all risks for their full price on Our behalf from the date of delivery;
5.13.5 notify GCD immediately if it becomes subject to an event referred to in clause 5.12;
5.14 If you Order Goods and/or Parts from GCD for delivery to an International Delivery Destination the Order may be subject to export and/or import duties and taxes. Please note that GCD have no control over these charges and cannot predict their amount. You will be responsible for payment of any such export and/or import duties and taxes. Please contact your local customs office for further information before placing your Order.
5.15 If Goods and/or Parts are shipped outside of the UK, delivery is deemed to be effective and the risk in the goods shall pass:
5.15.1 In the case of Goods to be supplied C.I.F. or F.O.B. – when the Goods pass over the ships rain at the Port of Shipment
5.15.2 In the case of Goods to be collected by the Client or the Client’s agent - when the Goods are loaded onto the vehicle collecting them.
5.15.3 In other cases - when the Goods and/or Parts are delivered to the address nominated to the Client or the Client’s agent for unloading and delivery.
6 Our Guarantee
6.1 GCD guarantee that on delivery and for a period of 12 months from delivery, the Goods shall be free from material defects unless arising from any defect stated within clause 6.3. Any Goods returned and accepted as defective by GCD in this period will be replaced or, at GCD’s option, made serviceable for their original purposes free of charge. This clause excludes consumable parts.
6.2 Any Services provided by GCD and reported within 7 days and accepted by GCD as defective will be corrected by GCD.
6.3 The guarantee in clauses 6.1 and 6.2 does not apply to any defect in the Goods and/or Parts and/or Services arising from:
6.3.1 fair wear and tear;
6.3.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
6.3.3 if you fail to operate or use the Goods in accordance with the user instructions;
6.3.4 any alteration or repair by you or by a third party who is not a GCD authorised repairer; and any specification provided by you.
6.4 The Client is responsible for any damages or failure in Goods installed and fitted by the Client. GCD warranties exclude any of its Goods or Services damaged by the Client’s neglect, or abuse by any party other than GCD or its subcontractors or subjected to an unsuitable physical operating environment, installed or maintained by any party other than GCD, its subcontractors or its authorized service providers or used in a non-competent manner.
7 Providing Services
7.1 Prior to providing Services, GCD will agree a start date and planned completion date with you for the supply of Services either verbally or in writing.
7.2 GCD will make every effort to complete the Services on time, but time shall not be the essence of the Contract. There may be delays due to an Event Outside Our Control.
7.3 Prior to providing Services, the Client must notify GCD of any induction or on-site training required to carry out works on the Clients site. This will be factored into GCDs pricing and timescales.
7.4 Services will be charged at the current rate per hour including site time and travel, unless otherwise agreed in writing by GCD. Parts will be charged as used. Job description and parts will be detailed on the GCD’s engineer’s report, to be signed at satisfactory completion by the Client. In the event of the Client leaving site or the Client not making a representative available for inspection and signature on the Engineers completion, the Services and Goods will be deemed by the Client to be satisfactory.
7.5 Quotations relating to work on the Client’s site assumes access to works on Working Days between the hours of 8am to 5pm. Extra cost incurred by GCD due to shortening of access to site by the Client may be charged.
7.6 GCD will require certain information from you that is necessary for GCD to provide the Services and GCD will contact you about this and may request a pre-Service checklist is complete before Services are provided.
7.7 If you do not, after being asked by GCD, provide this information, or you provide GCD with incomplete or incorrect information, We may make an additional charge of a reasonable sum to cover any extra work that is required, or suspend the Services by giving you written notice. GCD will not be liable for any delay or non-performance where you have not provided this information after GCD have asked. An example, the Client will be asked to provide information or complete a pre-installation checklist where GCD are requested to install Goods.
7.8 In instances when the Goods are required to be installed the Client is responsible for site preparation and the provision of supplies and services which may be required as agreed in writing. Any delay in site preparation or the provision of Services resulting in additional time and expenses by GCD will be charged.
7.9 GCD may have to suspend the Services if GCD have to deal with technical problems, or to make improvements agreed between you and GCD in writing to the Services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency.
7.10 If you do not pay GCD for the Services when due, GCD may suspend the Services with immediate effect until you have paid GCD the outstanding amounts. We will contact you to tell you this.
8 Problems with Services
8.1 In the unlikely event that there is any defect with the Services:
8.1.1 please contact GCD and tell GCD as soon as reasonably possible;
8.1.2 GCD must be given a reasonable opportunity to repair or fix any defect as per clause 6.2; and
8.1.3 GCD will use every effort to repair or fix the defect as soon as reasonably practicable.
9 Events Outside Our Control
9.1 GCD will not be liable or responsible for any failure to perform, or delay in performance of, any of GCD’s obligations under these Terms that is caused by an Event Outside Our Control.
9.2 An Event Outside Our Control means any act or event beyond GCD’s reasonable control, including without limitation supply chain disruptions, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic and pandemic or other natural disaster, or failure of public or private telecommunications networks.
9.3 If an Event Outside Our Control takes place that affects the performance of GCD’s obligations under these Terms:
9.3.1 (a) GCD will contact you as soon as reasonably possible to notify you; and
9.3.2 (b) GCD’s obligations under these Terms will be suspended and the time for performance of the obligations will be extended for the duration of the Event Outside Our Control.
9.3.3 Where the Event Outside Our Control affects the delivery of Goods to You, GCD will arrange a new delivery date with you after the Event Outside Our Control is over.
9.3.4 Where the Event Outside Our Control affects the performance of Services to You, GCD will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
10 Cancellation Rights
10.1 You may cancel the contract for Goods and/or Parts and/or Services with immediate effect by giving Us written notice only if:
10.1.1 GCD go into liquidation or a receiver or an administrator is appointed over GCD assets;
10.1.2 GCD change these Terms to your material disadvantage;
10.2 Orders are binding following acceptance by GCD. A cancellation, suspension or variation by the Client shall only be valid if agreed by GCD in writing and such agreement will only be given if payment of adequate compensation by the Client to GCD for expenses incurred in connection with the Contract and loss of profit.
10.3 If You cancel an Order, there may be handling fee and return delivery charge for cancelled orders.
10.4 If You have received the Goods and/or Parts before You cancel your Contract, then You must send the Goods and/or Parts back to GCD’s contact address at your own cost and risk.
10.5 GCD may make a deduction from any refund for loss in the value of Goods and/or Parts.
10.6 Delivery costs for cancelled Orders are non-refundable.
11 Personal Information
11.1.1 provide the Goods and/or Parts and/or Services;
11.1.2 process your payment for such Goods and/or Parts and/or Services; and
11.1.3 inform you about similar products or services that GCD provide, but you may stop receiving these at any time by contacting GCD.
11.2 You agree that We may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.
12 Other Important Terms
12.1 GCD provides equipment manuals, and the Client is responsible for providing their own site operating procedures and site operating risk assessments.
12.2 The Client will bring to the attention of those who use Goods all instructions provided by the GCD on their use (including precautions to be taken) and will secure that they have the necessary skill and understanding in respect of their use. It is recommended that the Client utilises training services provided by GCD relevant to the Goods.
12.3 The Client will be responsible for all relevant Local Environmental Licences and Site and Planning notices.
12.4 The Client will be responsible for ensuring that the equipment and services purchased from GCD are appropriate and comply with all international Clients national and local government legislation to include Health and Safety, Environment, Fire and Machinery Standards.
12.5 The Terms shall be governed by and interpreted in accordance with the laws of England.