North Devon Metalcraft | Manufacturers of replacement steel and aluminium motor bodies

North Devon Metalcraft Terms & Conditions

1. GENERAL
These Conditions shall apply to all our quotations and all contracts and orders for the sale of goods accepted by us. Any other terms, conditions, warranties and representations, whether made prior to, collateral with, or subsequent to the contract or orders are hereby excluded. Special or additional terms of the Purchaser contained in this order shall be of no effect unless the same is separately brought to our notice and express consent thereto is given in our acceptance.

2. DOCUMENTS
a) All literature illustrations drawings and specifications weights measures that we supply may vary, so we cannot accept liability for any inaccuracy, omission, variation of any kind or for any loss howsoever caused arising out of the supply of such and they shall not form part of any contract or be binding in any way.
b) We reserve the right at any time to correct errors in the contract documents

3. PRICES
Prices are subject to revision by us at any time without notice. VAT shall be charged at the appropriate rate for the time being in force.

4. TERMS OF PAYMENT
Unless otherwise stipulated in our acknowledgment, payment is due prior to dispatch of the goods.

5. TIME FOR DESPATCH
All periods for despatch and delivery expressed on this website are approximate only. We use all reasonable endeavours to effect despatch within the stipulated period, or if no such period be stipulated, within a reasonable time.
However, we shall be under no liability for any loss or damage to the Purchaser or others arising directly or indirectly out of late despatch or delivery, whether due to our default or not, nor shall such late despatch or delivery be deemed to be a breach of contract, nor entitle the Purchaser to cancel the contract.

Dispatch within 48 hours, subject to stock availibility, actual delivery 24-48 hours depending on item (e.g.fresh meat )

6. DELIVERY
a) When delivery is effected by an independent contractor arranged by us for the Purchaser, shall be bound to accept delivery of the goods on arrival at his works, when sole risk in the goods shall pass to the Purchaser.
b) The Purchaser must notify us and the carrier in writing (otherwise than upon the carrier’s documents), of damage in transit, miss-delivery or quantity discrepancy immediately on arrival. The Purchaser must notify us and the carrier in writing (otherwise than upon the carrier’s documents) of non-delivery within 5 working days where delivery is effected through the post, by road transport, in all cases from the date of despatch advised.
c) Where delivery is affected on the Purchaser’s vehicles or is arranged by him, risk in the goods shall pass to the purchaser on delivery to the carrier, whether he be the Purchaser’s servant or agent or an independent contractor arranged by the Purchaser.
d) Without prejudice to our other rights should the Purchaser for any reason fail to accept delivery of the goods on arrival (prior notification of delivery having been made) then at the entire risk and expense of the Purchaser we shall be entitled to store the goods and/or to procure or effect storage of goods elsewhere and we shall further be entitled to be paid by the Purchaser for the cost of re-delivery and storage of the goods.
e) The Purchaser warrants that any necessary unloading facilities will be available at the place of delivery.
f) Please allow up to 3 weeks for delivery. This is because our parts are hand made part pressed.

7. EXCLUSION OF LIABILITY
We are hereby expressly excluded from any liability howsoever arising in respect of any express or implied condition, statement, representation or warranty, statutory or otherwise relating to any goods supplied by us.

8. INDEMNITY
The Purchaser shall indemnify us against all actions, claims, demands, penalties, and costs by third parties in tort, or for infringement or alleged infringement of patents or registered designs or otherwise arising in connection with the goods or with their delivery or unloading or with work done by us on the goods in accordance with the Purchaser’s specifications.

9. RETURN OF GOODS
We will not accept the return of goods already delivered to the Purchaser otherwise than pursuant to Clause 6 (c) hereof or by special arrangement and then subject to the appropriate restocking charge which shall not be less than 10% of the nett invoice value.

10. ARBITRATION
All disputes differences and questions which may at any time arise between the parties hereto or their respective representatives or assigns touching or arising out of or in respect of these Conditions or the subject matter thereof shall be referred to a single Arbitrator in accordance with the provisions of the Arbitration Act 1950 or any statutory modification or re-enactment thereof for the time being in force.

11. LEGAL CONSTRUCTION
The contract shall in all respects be construed and operate in conformity with English Law. If any of these Conditions or any part thereof is rendered void or unenforceable by any legislation to which it is subject, if shall be so void and unenforceable to that extent and no further.