ETB Tyres

ETB Wholesale Division Trading Terms and Conditions

Policy date: 12/April/2018

Information about ETB Group – Exhausts Tyres Batteries (Worcester Ltd)

1. Who We Are

Our Company is ETB – Exhausts, Tyres & Batteries (Worcester) Ltd, a company registered in England with Company Registration Number 01532384. Incorporated on 4th Dec 1980. The Registered Office is Unit 15b Blackpole Trading Estate East, Blackpole Road, Worcester, WR3 8SG. References to “ETB, Exhausts Tyres & Batteries (Worcester) Ltd, Britannia Tyres or The Car Clinic ”we”, “our”, “us” and “the company” throughout the Terms and Conditions refer to this company.

2. VAT Registration

Our UK VAT Registration Number is GB 171 5560 13.

3. Contacting Us 

Email at customerservice@etbtyres.co.uk

Write to us at our Head Office: Unit 15b Blackpole Trading Estate East, Blackpole Road, Worcester, WR3 8SG

Call our sales office on 01905 428080.

Please note ETB Group reserve the right to record telephone calls to our company for training purposes and to ensure the best quality customer service.

4. Our Complaints procedure

Wholesale Division Complaints: - In the event that you are not satisfied with the goods or service you have received from our Wholesale division, or if you wish to contact the Company regarding any other matter in the first instance please call 01905 428080 or e-mail us at:

customerservice@etbtyres.co.uk

Specific terms relating to our wholesale business

1. VAT. & Availability

All prices are subject to UK Value Added Tax. All stock is subject to availability.

2. Catalogue & Price

All pricing is in Pound Sterling and excludes UK Value Added Tax unless otherwise stated.

All content provided in catalogues, price lists and other advertising matter is for information purposes only and does not in any manner create a legal contract express or implied between ETB and you.

All prices quoted therein are subject to alteration or withdrawal at any time and without notice.

3. Orders & Quotations

ETB reserves the right to accept or refuse any orders. ETB also reserves the right to cancel or suspend delivery of any uncompleted order in the event of any of the Purchaser’s commitments not being met or if ETB are of the opinion that such commitments will not be met by the Purchaser.

ETB reserves the right to refuse the Purchaser’s acceptance of a quotation unless such quotation is stated to be open for a specific period and has not been withdrawn within such period.

Upon acceptance of a quotation the Purchaser must supply sufficient information to enable ETB to fulfil the order forthwith, otherwise ETB will be at liberty to amend the quoted price to cover any increase in cost which has taken place subsequent to acceptance. Any samples submitted with ETB’s quotation are returnable.

4. Despatch

ETB will endeavour to complete the contract or deliver the goods within the time agreed (if any) but in no circumstances will ETB be liable for any loss or damage of any kind whatsoever caused directly or in-directly by any delay in the completion of the contract or delivery of the goods.

Force majeure: - If by reason of any unforeseen circumstances the completion of the contract or the delivery of the goods is in ETB’s opinion rendered impracticable ETB shall be at liberty to terminate the contract by sending notification to the Purchaser. Thereupon the Purchaser will pay ETB such a sum as will bear the same proportion to the contract price (including any variation thereof) as the goods delivered to date.

ETB shall not be liable for any loss of or damage to the goods after these have been delivered or when they are handed over to a carrier.

Where the Purchaser alleges that goods are deficient in numbers upon delivery or defective at that time of delivery ETB shall not be liable for such claims unless they are advised immediately upon receipt by the Purchaser.

 

5. Payment

Unless otherwise agreed in writing the price in respect of the goods shall be payable no later than that agreed by the Purchasers existing credit terms.

In the event that the Purchaser shall fail to pay for the goods on the due date then the Purchaser shall pay to the Company any costs incurred in recouping the outstanding balance. ETB shall be entitled to sue in respect of any monies due.

The Wholesale Division of ETB will accept payments via credit card over the telephone. All credit card data is stored according to the Information Security Policy of our merchant card service provider which is Lloyds Bank Cardnet. The Information Security Policy is reviewed and updated every twelve months. ETB reserve the right to refuse to accept credit card payment at any time.

6. Ownership of Goods

The goods shall be at the risk of the Purchaser from the time of receipt of delivery until such time as payment in full is received and ownership passes to the Purchaser in accordance with the terms below.

Irrespective of delivery having been made, title to the goods shall not pass from ETB until ETB has received the purchase price of the goods in full, and no other sums whatsoever are due from the Purchaser to ETB.

Until such time as the title to the goods passes from ETB as described above, the Purchaser shall be required upon request to deliver up such of the goods still in the Purchasers position to ETB. If the Purchaser fails to do so ETB or their representatives may enter upon any premises owned, occupied or controlled by the Purchaser where the goods are situated and repossess said goods.

With respect to impressed stocks of goods, the Purchaser shall insure and keep insured the goods to the full price against all risk, until such time as the title to the goods passes from ETB. The Purchaser shall make available a copy of the policy of insurance whenever requested by ETB.

7. Guarantee & Liability

Wherever possible ETB will, transfer to the Purchaser the benefit of any guarantee or warranty given by the manufacturer in respect to the purchased goods.

With respect to an alleged defective part, any cost or expense incurred by any persons removing or refitting or transporting said part shall be borne by the Purchaser while the original part is sent to the manufacturer for analysis and until such time as the warrantee or guarantee procedure is complete. If the manufacturer confirms that the product is faulty the cost of replacement will be refunded.

Manufacturer’s conditions of sale apply to all goods sold. These guarantees do not extend to any monetary or compensatory claim for consequential or additional losses.

Save as described above, ETB will in no circumstances be liable for any loss or damage of any kind whatsoever caused directly or indirectly by any defect in material or workmanship or any defect in the goods or services supplied or by any negligence of ETB or of any servant or agent of the Company and in so far as it is lawful to do so all warranties and conditions express or implied statutory or otherwise are hereby expressly excluded.

8. Legal Notes

Should ETB fail to enforce any of the contract terms, this shall not be construed as a waiver of any of the Company’s right hereunder.

These terms are governed by and shall be interpreted in accordance with the laws of England and Wales.

Nothing in this agreement shall exclude or restrict any liability to which ETB may be subject by reason or any misrepresentation made by it before this contract was made.

ETB shall not incur any liability nor shall any right transfer to the Purchaser by reason of any misrepresentation arising from printing and clerical errors or from statements made by third parties, whether verbal, written or any other form accepted by the ETB in good faith and repeated by it, nor verbal statements not confirmed by ETB in writing.

9. Set Off and Counterclaim

In the event that the Purchaser is in default of payment under the clause covered above ETB may, at their discretion, set off amounts owed by the Purchaser to ETB for goods and services supplied against other monies payable by ETB to the Purchaser.

The Purchaser will not be entitled to withhold payment of any invoice by reason of any right of set off or counterclaim which the Purchaser may have or claim it has against ETB or for any other reason whatsoever.

10.Enforceability

If any provision or part provision of this agreement is held to be invalid or unenforceable it shall be deemed modified to the minimum extent necessary to make it valid and enforceable. If such modification is not possible, that shall not affect the validity and enforceability of the other provisions of the agreement.

END

Tyres

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