In these conditions:
‘Customer’ means the person who buys and agrees to buy the goods from the Seller
‘Conditions’ means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller,
‘Delivery Date’ means the date specified by the Seller when the goods are to be delivered
‘Goods’ means any goods to be purchased by the Customer and to be supplied by the Seller
‘Contract’ means any contract between the Customer and the Seller for the sale and purchase of Goods
‘Price’ means the price for the Goods excluding carriage, packing, insurance and VAT
‘Seller’ means Trinity Xtras Limited, Unit 3a, Eden Business Park, Nuneaton, Warwickshire, CV11 4NE
All orders are accepted and all Goods are supplied subject to these conditions. These Conditions form part of the contract and cannot in any way be altered, added to or superseded by any terms and conditions of the Customer.
All orders for Goods shall be deemed to be an offer by the Customer to purchase Goods subject to these Conditions.
Acceptance of delivery of the Goods by whatever means shall be deemed conclusive evidence of the Customer's acceptance of these Conditions.
The quantity and description of the Goods shall be as set out in the Seller’s invoice or other dispatch document.
The Seller reserves the right, at any time, to terminate any Contact or to cancel any uncompleted order or to suspend delivery of goods in the event that any amounts payable by the Customer are overdue or there is a breach by the Customer of these Conditions or for any other reason which in the opinion of the Seller justifies such action.
The Seller reserves the right to cancel any order placed by a Customer where the Seller is unable to fulfil the order in whole or part.
Orders placed before 12 noon on a working day will, under normal circumstances, be despatched the same day by first class post or next day courier in normal business hours. (A working day is any day other than weekends and Bank or other public holidays.)
Delivery of the Goods shall be made to the Customer’s address and the Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
Where a specific delivery date has been agreed, and if this delivery date cannot be met the Customer will be given the option to agree a new delivery date.
Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Customer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date.
The Customer shall be deemed to have accepted the Goods upon delivery.
After acceptance the Customer shall not be entitled to reject Goods which are not in accordance with the contract.
The Customer shall inspect the Goods immediately upon receipt and shall notify the Seller within three days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Customer fails to do this he is deemed to have accepted the Goods.
Any Goods in respect of which any claim of defect or damage is made shall be preserved by the Customer intact together with the original packaging.
If consignments of Goods received by the Customer appear to be damaged or open in any way, the Customer is required to endorse the Carrier’s Delivery Document accordingly. On unpacking the consignment the Customer must thoroughly check the Goods immediately. If Goods are found to be missing, incorrect and/or damaged, the Customer is required, within three days of delivery, to notify the Carrier in writing and to inform the Seller. Details of the missing or incorrect Goods and/or nature of the damage to items contained within the consignment must be given to the Seller. On receipt of this information the Seller will instigate a claim against the Carrier. The Customer must retain packaging and contents for inspection.
All other claims must be made within 30 days from the date of invoice, except in the case of goods developing later faults which must be reported immediately upon discovery.
Unless otherwise agreed with the Seller, Goods are supplied on a firm sale basis.
Prior authorisation for returned Goods must be obtained from the Seller.
Returned Goods will not be credited against the Customer’s invoice or account unless they are in mint condition and are accompanied by a signed returns authorisation note that corresponds to the Goods returned.
The relevant invoice/receipt numbers for the returned Goods must be quoted wherever possible.
The Seller’s liability for materially defective goods shall be limited to replacing the Goods or giving a refund, providing the Goods are returned within the Seller’s terms.
Where the Customer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Customer in respect of those Goods.
The Seller shall not be liable to the Customer for late delivery of the Goods and time shall not be of the essence.
This contract is subject to the law of England and Wales.