Neo Brothers

TERMS AND CONDITIONS FOR SALE OF PARTS 1.

THE PURCHASER 1.1
The purchaser warrants that he contracts on his own behalf and not as the agent of any other person.
1.2 If two or more persons constitute the Purchaser the liability of those persons shall be joint and several.
 

2. SETTLEMENT TERMS
2.1 Unless otherwise agreed in writing, no discretion is allowed from the prices set and the purchaser must pay the price of the goods in full at the time he receives them.
2.2 If the company in its sole discretion allows credit to the Purchaser, the terms of that credit shall be that –
(i) the purchaser shall pay in full the price of the goodson or before the 20th day of the month following the date of the invoice, and
(ii) if payment has not been made on time the purchaser shall be liable to pay to the company interest on the outstanding debt occurring daily at the rate of 2% above the Lloyds Bank Base Rate for the time being in force from the due date until the actualdate of payment.
 

3. RETENTION OF TITLE
3.1 The goods shall be at the purchaser’s risk immediately on delivery to the purchaser.
3.2 Not withstanding delivery and the passing risk in the goods, or any other provision of these conditions, the property in the goods shall not pass to the purchaser until the company has received in cash or by cleared funds payment in full of the price of the goods and all other goods agreed to be sold by the company to the purchaser for which payment is then due.
3.3 Until such time as the property in the goods passes to the purchaser, the purchaser shall hold the goods as the company’s fiduciary agent and bailee, and shall keep the goods separate from those of the purchaser and third parties and properly stored, protected and insured and identified as the company’s property. Until that time the purchaser shall be entitled to resell or use the goods in ordinary course of business, but shall account to the company for the proceeds of sale or otherwise of the goods, whether tangible, or intangible, including insurance proceeds, and shall keep all such proceeds separate from any moneys or the purchaser and third parties and, in the case of tangible proceeds, property stored, protected and insured.
3.4 Until such time the property in the goods passes to the purchaser (and provided the goods are still in existence and have not been re-sold) the company shall be entitled at any time to require the purchaser to deliver up the goods to the company and, if the purchaser fails to do so the company has the right to enter upon any premises of the purchaser or a third party where the goods are stored and resposses to the goods.
3.5 The purchaser shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the company, but if the purchaser does so all moneys owed by him to the company shall (without prejudice to any other right or remedy of the company) forthwith become due and payable.
3.6 Subject to any contrary requirement by the company the purchaser shall be entitled to affix the goods to or incorporate them in any other chattel which he owns, but if he does so –
(i) he shall hold that other chattel on trust to sell the same and pay to the company such proportion of the proceeds of sale as the value of the goods have or to the value that the other chattel has at the time of addition/incorporation and
(ii) if he shall sell or supply that other chattel before making payment of the price he shall hold the proceeds of sale or supply for and on behalf of the company.
(iii) the company shall be entitled to demand and receive payment, of any proceeds of sale or supply held on its behalf by the purchaser and for that purpose it shall be entitled to receive an account of the proceeds of sale and to trace the same to any property investment or financial account.
 

4.3 If in its sole discretion the company accepts the return of goods it shall be entitled to deduct from the allowance, which it makes an administration and handling charge representing 25% of the price payable. The company shall only be bound to make an allowance for the original price of the goods and not for any subsequent increase in their listed prices save that this sub-clause 4.3 shall not apply in the event of goods that have been returned by the Purchaser under the provisions of the Distance Selling Regulations.  
 

5. PART EXCHANGE
if the company agrees to give the purchaser an allowance against the goods for a used part then –
(i) the purchaser shall pay the price for the goods in full in accordance with clause 2 above, and
(ii) the purchaser shall be entitled to the agreed allowance only if he delivers to the company within 28 days of the date of delivery of the goods
(1) the used part and (2) the company’s invoice for the goods (by way of support for his claim).
 

6. SOURCE OF SUPPLY
Parts which are in short supply from the manufacturer may be supplied by the company from other sources.
 

7. DESCRIPTION, QUALITY, COMPLAINTS, LIABILITY
7.1 Where the purchaser deals as consumer within the meaning of the Unfair Contract terms Act 1977
(i) the purchaser warrants that he will examine the goods within 24 hours of taking delivery of them and the company will accept no liability for any cause whatever unless the purchaser notifies the company of his cause of complaint within 24 hours of taking delivery of the goods.
(ii) If for any reason whatever the company shall be held liable to the purchaser, that liability is hereby limited so as to exclude loss of profit, loss of earnings and other consequential loss of any kind.
 

8. NOTICE
Any notice to be given pursuant to this agreement by the company to the customer may be given by posting it in a first class pre-paid letter addressed to the customer at the address given in the below, and each such notice shall be deemed to have been served on the second working day after the day of posting.
 

9. WAIVER
No relaxation or indulgence which the company may at any time extend to the customer shall prejudice nor act as a waiver of the company’s rights under this agreement or in law.
 

10. INTERPRETATION
This agreement shall be governed by English Law. Where the context so admits, words importing one gender shall include the other gender and words importing the singular shall include the plural and vice versa.
 

11. ARBITRATION
Any dispute or difference of any kind whatsoever which arises or occurs between the customer and the company in relation to anything or matter arising under, out of or in connection with this agreement shall with the agreement of both parties be referred to arbitration under the Arbitration Rules of the Chartered Institute of Arbitrators.
 

12. OTHER TERMS AND CONDITIONS
i. The purchaser accepts that the goods are sold and purchased subject to the above provisions notwithstanding any provision inconsistent therewith contained in any conditions which the purchaser has herein fore or may hereafter bring to the company’s notice.
ii. In the event that the goods sold are second hand or part worn, the company warrants that the same (if materially defective) will at the company’s discretion, be exchanged or a credit note for the original sale price will be given upon the goods being returned to the company. This warranty does not cover the cost of any labour or other charges or losses that may arise or be incurred as a result of the goods being materially defective. Further, this warranty shall not apply if in the opinion of the company the defect arose as a result of misuse or negligence on the part of the purchaser or its fitters.
iii. No cash refunds unless the customer has paid in cash.
iv. Prices quoted through out this site are subject to availability & are correct at time of publishing Neo brothers Ltd reserve the right to vary prices.