STANDARD TERMS & CONDITIONS FOR THE SALE OF GOODS
Leeds Unique, Unit 9, United Business Park, Lowfields Road, Leeds, LS12 6UB, West Yorkshire, England
1. INTERPRETATION
1.1 In these Conditions:-
‘Buyer’ means the person(s) or company whose order for parts is accepted by LEEDS UNIQUE;
‘Conditions’ means the standard terms and conditions of sale set out in this document.
‘Contract’ means the contact between LEEDS UNIQUE and the Buyer for the sale and purchase of the Parts;
‘Manufacture’ means the manufacture of any parts which LEEDS UNIQUE is to supply;
‘Parts’ means any parts which LEEDS UNIQUE is to supply to the Buyer (including any of them or part of them);
‘LEEDS UNIQUE’ is (registered in England and Wales) under number (5372514)
2. FORMATIONS
These Conditions form part of the Contract to the exclusion of all other terms and conditions ( including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order or similar document). All orders from the Buyer for Parts shall be deemed to an offer by the Buyer to purchase Parts subject to these Conditions.
3. TITLE
3.1 The property in the Parts (both legal and equitable) shall not pass to the Buyer until LEEDS UNIQUE has received in full (in cash or cleared funds):
3.1.1 the price for the parts plus all carriage, Insurance duties and value added tax payable in connection with the parts and their delivery; and
3.1.2 all other sums (whether payable under the Contract or not) which are or afterwards become due or owing from the Buyer to LEEDS UNIQUE.
3.2 Until the property in the Parts has passed to the Buyer, the Buyer shall:
3.2.1 hold the Parts on a fiduciary basis as LEEDS UNIQUE bailee;
3.2.2 store the Parts (at no cost to LEEDS UNIQUE) separately from all other goods of the Buyer or third parties and identify them as LEEDS UNIQUE property;
3.2.3 not destroy or deface any identifying mark on the Parts or their packaging.
3.3 At any time before the Parts has passed to the Buyer LEEDS UNIQUE may by written notice end the Buyer’s right to use and sell the Parts and the Buyer shall immediately return the Parts to LEEDS UNIQUE (at the Buyer’s costs). After giving such notice the Buyer shall no longer be in possession of the Parts with the consent of LEEDS UNIQUE and LEEDS UNIQUE and/or its representative(s) may enter any premises where the Parts are or are reasonably be and remove the Parts.
3.4 Nothing in the Condition 3 shall change the Buyers obligation to pay for the Parts.
4. PAYMENT
4.1 Payment must be made by order unless the Buyer has approved credit terms with LEEDS UNIQUE.
4.2 LEEDS UNIQUE will only grant credit facilities after the Buyer has completed LEEDS UNIQUE’s application form and LEEDS UNIQUE has reviewed the Buyer’s references. Credit accounts will be reviewed from time to time and may be discontinued when they are trading with less than £100 per month. LEEDS UNIQUE reserves the right to withdraw the Buyers credit facilities at any time. Accounts may only be reopened on application by the Buyer.
4.3 Payment of the price for the Parts is due on the 20th day of the month following the month in which the Parts are received by the Buyer.
4.4 Time for the payment shall be of the essence.
4.5 No Payment shall be deemed to have been received until LEEDS UNIQUE has received cleared funds.
4.6 If the Buyer fails to make any payment under the Contract on the due date then (without prejudice to its other rights and remedies) LEEDS UNIQUE may charge the Buyer interest (both before and after judgement) on the amount unpaid at the monthly rate of 3% calculated on a daily basis from time to time until payment is made in full.
5. RETURN OF PARTS
5.1 Specially procured parts which LEEDS UNIQUE does not stock cannot be returned by the Buyer.
5.2 Credit will only be given on returned Parts (either as a credit note or refund) if approval has been obtained from LEEDS UNIQUE Depot Manager and LEEDS UNIQUE has issued official credit documentation.
5.3 If currently supplied are returned more than 5 days after purchase then a handling charge of 15% of the price of the Parts will be payable by the Buyer.
5.4 LEEDS UNIQUE will not allow credit on surcharges unless the Buyer returns the Parts within 14 days of purchase.
5.5 LEEDS UNIQUE cannot always guarantee that replacement parts originate from the vehicle manufacturer.
6. BREACH OF TERMS
6.1 Failure by the Buyer to comply with the conditions will result in:
6.1.1 the immediate withdrawal of LEEDS UNIQUE credit facility; and
6.1.2 outstanding sums due to LEEDS UNIQUE becoming immediately due and payment by the Buyer, together with LEEDS UNIQUE’s cost of collection of the Part.
6.2 If the Buyer fails to satisfy Condition 6.1.2 LEEDS UNIQUE will instigate legal proceedings to recover all costs due including an additional £25 for LEEDS UNIQUE’s legal fees in the action.
7. MANUFACTURERS TERMS
7.1 Terms containing in the Manufacturer’s condition of sale will apply equally in this Contract as if they were LEEDS UNIQUE’s instead of the manufacturer’s. However, LEEDS UNIQUE’s Conditions must prevail.
8. SEVERANCE
8.1 Any provision of the Contract which is held by any competent authority to be invalid, void, voidness, voidability or unforceability be deemed severable and the other provisions of the Contract and the remainder of such provision shall not be affected.
9. LAW & JURISDICTION
9.1 The Contract shall be governed and construed in accordance with English law and the Buyer submits to the jurisdiction of the English Courts.
