The supplier means MACROCOM TOP USED, THE TRADING TRADING NAME FOR MACROCOM LIMITED The customer means the purchaser of goods or services from the supplier.
a. All quotations and contracts and all matters arising out of or in connection therewith shall be subject to English Law and the parties hereby submit to the jurisdiction of the Courts of England.
b. Unless the Supplier expressly agrees otherwise in writing, these Conditions Of Supply shall govern the sale of goods or supply of services by the Supplier to the Customer and the Supplier shall not be bound by any variation, waiver of or addition to these conditions of the customer.
c. Unless the Supplier expressly agrees otherwise in writing, the Supplier accepts no liability for any description, pricing or any other erroneous declaration, however, stated, within this website and the Supplier accepts no liability for any losses incurred by any party upon reliance on such information.
Unless otherwise specified in the contract, the price shall not include any accessories, vehicle license, tipping gear bodies, associated equipment, delivery or Value Added Tax. Value Added Tax will be payable at the rate prevailing at the date of invoice. Any prices stated are for indicative purposes only and are subject to review and amendment at the Supplier’s discretion.
4. TERMS OF PAYMENT
a. The customer shall make payment in full without deduction to the Supplier prior to delivery or collection of the vehicle, equipment or spare parts unless agreed otherwise in advance and in writing with the Supplier.
b. In the event that any amounts are overdue for payment by the Customer, all amounts invoiced to the Customer shall forthwith become due for payment and recoverable by the Supplier.
c. Unless the Supplier expressly agrees otherwise in writing, all deposits paid will be deemed to be made on a non-refundable basis.
5. GUARANTEES, WARRANTIES, AND LIABILITIES
a. Unless otherwise specified in the contract, second-hand vehicles are sold in their existing condition and no guarantee or warranty is given, the Customer has had every opportunity of inspection and examination including a road test of sufficient length prior to entering the contract. Unless otherwise specified in writing all recorded milometer readings are not warranted.
b. The Supplier warrants that it will carry out servicing in accordance with recommended procedures and good workmanship but does not warrant further or otherwise. In the event of defective servicing due to a breach of this warranty, the Supplier will reperform the service work subject to its total liability for breach of this warranty is limited to the invoice value of the original servicing.
c. Except as provided above, all warranties and conditions, expressed or implied, are excluded and the above sets out the total liability of the Supplier, except to the extent that such exclusion and limit of liability are not permitted by law.
d. Notwithstanding any guarantee or warranty is specifically given by the Supplier, the Supplier shall have no liability to the Customer for any direct or consequential loss to or damage suffered by the Customer, including vehicle recovery, cost of hiring alternative vehicle or loss of revenue.
6. PROPERTY AND RISK
a. Legal and beneficial title to any vehicle or goods shall not pass to the Customer but shall remain with the Supplier until payment in full under the relevant invoice or invoices shall have been made to the Supplier. The Supplier shall be entitled to repossess any such goods at any time prior to payment in full and shall be entitled to have unrestricted access to any premises of the Customer for such purpose.
b. Notwithstanding retention of legal and beneficial title by the Supplier, the risk in the goods shall pass to the Customer on delivery.
7. DELAY AND VARIATIONS
a. Delivery dates where given are estimated in good faith but are approximate. Although the Supplier will use all reasonable endeavors to adhere to estimated delivery date, the Supplier will not guarantee such dates and it is a term of the contract that in respect of delivery it is not of the essence.
b. In the event of any variation suspension or delay of work caused directly or indirectly by the Customer, whether with or without the consent of the Supplier, the Supplier shall be entitled to increase the price accordingly but without prejudice to the Suppliers other rights or remedies.
8. STATUTORY REQUIREMENTS
Unless otherwise specifically stated or provided for in the contract, it is the Customer’s responsibility to ensure that any relevant statutory provisions are complied with, prior to the Customer using any goods supplied by the Supplier.