Terms and Conditions
conditions do not apply to the supply of goods or services to persons who are
not purchasing the goods or services in the course, or for the purpose, of a
trade or business ("consumers”). The statutory rights of consumers are not
affected by these terms and conditions.
These Terms Apply
1.1 These terms and conditions ("conditions”)
shall be incorporated in all contracts for the supply of goods and/or services
("services”) by Steertrak UK Limited ("us”, "we” or "our”). Our full details
appear at the end of these conditions.
1.2 Unless expressly agreed in writing
(signed by one of our directors) between us and the party or parties with whom
the contract is made ("you” or "your”), these conditions shall apply to the
exclusion of any other terms and conditions, including any referred to by you.
The taking of delivery of services, or acceptance of performance of the
services, shall be conclusive evidence of your acceptance of these conditions.
For the avoidance of doubt, our acceptance of any purchase order you issue does
not extend to acceptance of any conditions referred to on that purchase order.
2.1 You shall notify us immediately:
2.1.1 if any of your employees (or former
employees) cease to have authority to bind you; or
2.1.2 of any changes to such authority.
In the absence of any such notifications, we
shall be entitled to rely and act on the orders and instructions of such
employees or former employees as if they were made or given by you.
3.1 Our charges for services exclude VAT and
all other taxes or duties, unless otherwise stated in writing.
3.2 We reserve the right to vary our charges
for services at any time prior to delivery or performance of services. Any
quotation we give is an estimate only of our charges for services and shall not
be binding unless expressed otherwise on the quotation.
Payment and Credit Terms
4.1 Unless our invoice expressly states
otherwise, all payments shall be due to us within 30 DAYS of the date of invoice. Payments shall be made
in cleared funds without any discount, set-off or other deduction whatsoever.
4.2 Time of payment is of the essence and, in
addition to any of our other rights, if an invoice is not paid in accordance
with condition 4.1 above then:
4.2.1 interest shall be payable on any
overdue amount from the date on which payment was due to the date on which it
is made (whether before or after judgement), calculated on a daily basis at the
annual rate of twelve (12) per cent compounded monthly; and
4.2.2 an additional administration charge at
the rate we publish from time to time shall be payable in respect of the
4.2.3 all other invoices, whether or not they
are due for payment, shall become immediately due and payable.
4.3 We reserve the right to apply payments
received from you:
4.3.1 first in settlement of any interest on
overdue debts; then
4.3.2 on debts due, beginning with the
4.4 You shall pay, on an indemnity basis, all
legal and other costs that we incur in recovering:
4.4.1 any amounts owing from you; and
4.4.2 any goods in which title has been
retained by us and such costs shall be due for payment immediately on
presentation of our invoice.
4.5 We shall have the right, entirely at our discretion
and notwithstanding any agreement or arrangement with you or any contract which
you may have with a third party, without liability to you, at any time to:
4.5.1 withdraw, reduce or otherwise limit the
amount of credit granted to you (and, for the avoidance of doubt, we shall have
no obligation or liability to make services to you where to do so will cause
the amount of credit we have granted you to be exceeded); and/or
4.5.2 require the price or charge for any
services to be paid in advance; and/or
4.5.3 refrain from the delivery or
performance of services until the price or charge for the services has been
4.6 In the event that we, in our reasonable
opinion, consider that you:
4.6.1 have or are threatening to cease
4.6.2 have or are threatening to become
4.6.3 are otherwise unable to pay your debts
then upon our written notification to you, all invoices, whether or not they
are otherwise due for payment, shall immediately become due and payable.
4.7 If you dispute all or any part of an
invoice then you must:
4.7.1 inform us in writing within five days
of the due date for payment of the amount that is disputed and the reasons for
the dispute, as well as provide us with all documentation and other information
that we will require in order to enable us to consider your claim; and
4.7.2 pay any undisputed amounts or invoices
in accordance with clause 4.1 failing which you will not be entitled to dispute
the invoice or any part of it.
5.1 If you fail to make a vehicle available
for a service visit on the date and time specifically requested by you then we
may, at our absolute discretion, do any of the following:
5.1.1 require you to pay the full cost of the
5.2 We will make reasonable efforts to meet
any dates or times for a service visit as requested by you but:
5.2.1 we shall not be liable for any loss,
damage or expense arising from any delay or failure in our service from any
cause whatsoever; and
5.2.2 any such delay or failure to perform
such a service shall not entitle you to repudiate any contract.
5.2.3 Our service is limited solely to the
measurement and adjustment of steering and axle alignment, and their associated
components. Where it is not possible to adjust a vehicle due to mechanical
damage, incorrect vehicle use, substandard components or wear and tear, we will
advise you accordingly during our service visit. In such circumstance we
reserve the right charge our full service cost.
6.1 Our work is warranted for 3 months, and
we will offer a free service visit if a problem is found with our workmanship.
the extent permitted by law, all other warranties in respect of services
(including, but without limitation, fitness for any particular purpose),
whether express or implied, are excluded.
7.1 We shall have no liability in respect of
any claim by you under these conditions in connection with any services unless:
7.1.1 when the claim is made you produce our
official job sheet given to you at the time of the original service visit; and
7.1.2 you have afforded us a reasonable
opportunity and facilities for the investigation of any claim and the making
good of any discrepancy; and
7.1.3 the opportunity for us to investigate
any claim is given (in the case of any discrepancy which is reasonably apparent
on inspection) within not less than three (3) days from the date on which
notice of the claim is given.
Extent of Liability
8.1 Except to the extent stated in these
conditions or otherwise agreed in writing by us:
8.1.1 we shall have no obligation, duty or
liability in contract, tort (including negligence or breach of statutory duty)
or otherwise howsoever under or in connection with any contract for services
other than for:
18.104.22.168 death or personal injury resulting
from our negligence (as defined by the Contract Terms Act 1977, section 1); or
22.214.171.124 for proven fraud on the part of our
employees whilst acting in the course of their employment with us; and
8.1.2 we shall have no liability for any
consequential or indirect loss or damage suffered, directly or indirectly, by
you under or in connection with any contract for services, including but not
limited to wasted time or expenditure, loss of profits, production, business
revenue, expected savings or goodwill or any claim against you by any third
8.2 Our liability under or in connection with
any contract for services shall in no circumstances exceed the charge for the
service in respect of which the liability arises.
8.3 We shall be discharged of all liability
to which these conditions apply unless (without extending statutory limitation)
proceedings are commenced within twelve (12) months after you become aware (or
should reasonably have become aware) of the facts giving rise to such
8.4 Nothing in clauses 8.1 to 8.3 shall
affect your liability to pay the charges or any other sums falling due to us
under any contract.
8.5 You shall indemnify and keep us
indemnified against all and any liability (without limitation) that we may have
to your insurers or other third parties arising in connection with any contract
for service and our performance of any contract for services.
8.6 The term "in connection with any contract
for service” includes any performance or contemplated performance of the
Technical Information and Advice
9.1 You undertake to comply with such
instructions as may be issued by us, the manufacturer or our supplier
concerning the use, precautions and other measures to be taken in respect of
services that we supply.
9.2 We shall not be liable for the
consequences of any incorrect use of any vehicles or poor workmanship or
servicing on your part or on the part of the user or any failure by you or the
user to comply with:
9.2.1 our or any vehicles manufacturer or
other supplier’s instructions or recalls; or
9.2.2 any law or regulation concerning the
use of vehicles; or
9.2.3 any standard, industry or other
generally accepted practice
Suspension and Termination
9.1 If you fail to make any payment when and
as due or otherwise default on any of your obligations under any contract for
services or any other agreement between you and us, we shall, without prejudice
to any other remedy, be entitled, at our discretion, without liability to you,
to suspend our performance of the contract or to terminate it (whether or not
performance has previously been suspended)
10.1 We shall not be liable for any delay or
failure to perform the whole or any part of any contract resulting from any
cause whatsoever beyond our reasonable control existing at the date of the
contract or arising thereafter including but not limited to fire, explosion,
breakdown or failure of plant or machinery, lack or failure of transportation
facilities, or the supply of labour, materials or power, lack or shortage of
stock or goods, adverse weather, traffic congestion or disruption, strike,
lockout or labour dispute, illness or restriction of any authority or
governmental agency (of whatever nature) and the time for performance shall be
extended by the period of any such delay.
11.1 We may at our discretion sub-contract
all or any of our obligations under any contract, but the contract shall not be
assigned by you without our prior written consent.
11.2 The acceptance of cancellation of any
contract requested by you shall be at the company’s discretion and take effect
only when written confirmation of such acceptance has been given by us.
11.3 You shall not use or reproduce in whole
or in part any of our or our associated companies’ trade marks, business or
product names, logos or the like or our advertising, promotional or other
material (whether over the internet or otherwise) without first obtaining our
written consent and if we, in our discretion, withdraw such consent, you shall
immediately cease to use the material in question.
11.4 You authorise us, and any finance
company used to purchase any services, to carry out enquiries (including
enquiries relating to directors and other individuals) with credit reference
agencies and to disclose such information to one another. You further
acknowledge that the agencies concerned may keep and share the information
supplied to them with other businesses in assessing applications for credit
and/or fraud prevention.
11.5 No right is granted to any third party
to enforce any rights relating to the services.
Law, Jurisdiction and Construction
12.1 The contract shall be governed by
English law and the parties consent to the exclusive jurisdiction of the
English courts in all matters relating to and arising from the contract.
12.2 The headings if conditions are for
convenience of reference only and shall not affect their interpretation.
13.1 Any notice to be given to either party
shall be in writing and if sent by facsimile or electronic mail or forwarded by
prepaid first class post to the receiving party at its business address as last
notified in writing to the other party shall be deemed to have been given on
the date of the facsimile or electronic mail transmission (if a copy is sent
the same day by post), or two working days following the date of posting.
Steertrak UK Limited
Commercial House, Station Road, Tewkesbury.
Company Number: 5445776