TERMS & CONDITION
1 DEFINITIONS
| “Buyer” | Customer. |
| “Seller” |
SAE Limited T/A Sahib’s Auto Electric. |
| “Goods” |
Means the articles or things or any of them described in the order. |
| “Specification” |
Means a technical description, if any, of the goods contained or referred to in the order. |
| “Order” |
Means the Order placed by the Buyer for the supply of goods. |
2 GENERAL
| (a) | All manufacturers names, reference numbers and symbols are used as guidance only. |
| (b) | Every effort has been made to ensure that the goods described in the catalogues are accurate, but no warranty or responsibility will be accepted for any discrepancies or any other resulting damage. |
3 BUYERS ORDER
| (a) | These items and conditions apply to all contracts of sale by the Seller unless varied in writing by authorised representatives of the parties. The placing of an order for goods (and/or services) quotes herein and/or acceptance of such goods (and/or services) shall be deemed to be acceptable to these conditions and notwithstanding any other conditions which may be set out in or referred to in any invitation to quote in any order. |
| (b) | These terms and conditions alone are the terms and conditions of the agreement between the parties and supersede all prior dealings, negotiations, representations or agreements whether written or oral expressed or implied. No variation of or addition to these terms and conditions shall be effective unless in writing signed by authorised representatives of the parties. |
4 |
PAYMENT |
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When a monthly account has been granted to the buyer in writing all
invoices must be settled by the 25th of each month. All goods remain
the property of SAE Limited trading as Sahib’s Auto Electric until payment
is received in full. Where these facilities are exceeded the Seller
shall be entitled to charge interest on the amount overdue at a rate
of 4% as per the Barclays Bank Plc, calculated on a day to day basis. This
shall be without prejudice to any other rights or remedies of the
seller . Any
legal charges in the recovery of money or items will be paid by the
Buyer. |
| (a) | Delivery |
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Suggested delivery dates and promises of delivery made in good faith and every effort will be made to keep to delivery dates given but time and place of delivery shall not be the essence of this contract and the Seller shall not be liable for any loss caused through delay or failure to deliver. |
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These terms and conditions alone are the terms and conditions of the agreement between the parties and supersede all prior dealings, negotiations, representations or agreements whether written or oral expressed or implied. No variation of or addition to these terms and conditions shall be effective unless in writing signed by authorised representatives of the parties. |
| (b) |
Acceptance of delivery |
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If the Buyer fails to take delivery of the goods or any part of thereof at the time agreed for delivery then the Seller shall be entitled to cancel or suspend such delivery and all other outstanding deliveries and to charge the buyer with loss suffered. |
6. RETURNS
| (a) | Written Consent |
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Goods ordered in error by the buyer may be returned subject to the
following conditions: |
| (b) |
Handling charge |
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Returned goods will be credited at the price invoiced to the Buyer less a handling charge at a rate for the time being in force at the date of return. |
| (c) |
General Returns |
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The Buyer wishing to return goods other than those ordered in error must negotiate with the Seller and obtain the Seller’s written consent. Minimum handling charge on returned goods 20%. No refunds available on goods specially ordered. |
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All parts returned as faulty have to be returned to the manufacturer before a decision can be made |
7. DAMAGE
| (a) | The Seller does not accept responsibility for any damage, shortage or loss of transit unless: |
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i ) Notification – Damage, loss in transit, or shortages is notified to seller: |
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1) within 7 days where delivery is made
by the Seller’s own transport or |
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ii) Claims - Non-delivery (total loss) is notified to the Seller within 10 days of the date of dispatch. |
| (b) |
General Claims |
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All other claims must be notified within 30 days of receipt of goods in absence of notification of claims within the periods aforementioned the goods shall be deemed to have been delivered in accordance with the Contract. |
| (c) |
Warranty |
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i) The invoice value of any goods supplied by the seller and subsequently agreed by the Seller to be defective in design, materials or workmanship will be replaced or credited to the Buyer. |
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ii) Where the Purchaser is a person dealing as a consumer there is to be implied in this contract the conditions and warranties contained in Section 13, 14 and 15 of the Sales of Goods Acts 1979. The statutory rights of the Consumer are not affected. |
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iii) Save as provided in this clause all representations, warranties or other conditions express or implied statutory or otherwise as expressly excluded. |
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iv) Alternators, Starters and Dynamos |
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v) Batteries |
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8. | CONSEQUENTIAL LOSS |
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Notwithstanding anything contained herein and except only as specified
in the Warrant Clause 7 (c), the Seller shall not be liable, under any circumstances,
for the loss of profit, use of goodwill or for delay in delivery or for any
direct or indirect or consequential loss of any kind whatsoever whether caused
by negligence or otherwise howsoever and all conditions and warranties whether
expressed or implied are hereby excluded save only those which by statue
may be excluded. |
| 9. | LAW |
| These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England. |

