TERMS AND CONDITIONS OF TRADE WITH WHEEL FIX IT™

  1. Definitions
     
    1. “We”, “us”, ‘Our” means Wheel Fix It Limited, its successors and assigns or any person acting on behalf of and with the authority of Wheel Fix It Limited.
    2. “You”, “your”, “yourself” means the person/s buying the Goods as specified in any invoice, document, or order.
    3. “Goods” means all Goods or Services supplied by us to you at your request from time to time (where the context permits the terms ‘Goods’ or ‘Services’ shall be interchangeable).
    4. “Price” means the Price payable for the Goods as agreed between us and yourself in accordance with clause 2 below.
       
  2. Payment
     
    1. We reserve the right to change the Price where additional Goods or services are required, or where there are increases to the costs of materials that are beyond our control.
    2. The Price will be payable by you on the date(s) determined by us, or on delivery.
    3. We are under no obligation to supply goods or services to you on credit.  If we do agree to supply you with goods or services on credit, the following terms will apply:

      1. You will pay for all goods and services supplied from time to time by us on or before the “payment before” date on the front of the invoice or in any event no later than the 20th day of the month immediately following the date of invoice
      2. You will pay an interest of 2% per month, calculated daily on all overdue amounts
      3. You will pay full solicitor/client costs, and any disbursements incurred by us in recovering any sum owing by you to us
      4. You shall not claim any counterclaim or set-off against any payment due to us.

  3. Ownership and Risk

    1. You agree that legal and beneficial ownership of the Goods shall not pass until you have paid us all amounts owing to us in respect of the Goods.
    2. By paying the Price and accepting delivery of the Goods you confirm that the Goods are to your satisfaction.
    3. Our insurance policy does not cover damage to or theft of your vehicle, so vehicles stored at our premises are at your risk.
    4. Where you are in possession of any Goods, and we have not received payment in full for the Goods, then you are only a bailee of the Goods. In these circumstances, you agree that:

      1. You must return the Goods to us on request.
      2. If the Goods are lost, damaged or destroyed, then we are entitled to receive all insurance proceeds payable in respect of such damage.
      3. If you sell or part with possession of the Goods then any proceeds from the sale or disposal of the Goods is owed by you to us on trust.

  4. Health and Safety at Work Act 2015

    1. We confirm that we are aware of our obligations and duties under the Health and Safety at Work Act 2015 and warrant that:

      1. We have identified potential risks in the workplace,
      2. We have done what is reasonably practicable to eliminate or minimize (where elimination is not possible) those risks, and
      3. We monitor any processes we have put in place to ensure the processes are effective and review our work activities on an ongoing basis to identify any new risks that might need to be dealt with.

    2. Where our services are to be provided in a workplace within the meaning of the Health and Safety at Work Act 2015 other than our own, you confirm that you are aware of your obligations and duties under the Act and give the warranties as stated in 4.1.a.-4.1.c.

  5. Consumer Guarantees Act 1993 for commercial purposes

    1. If you are acquiring the Goods for the purposes of a trade or business, you acknowledge that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of Goods by us to you.
    2. While we will take all due care in providing services to you, we will not be liable to you for any loss or damage arising directly or indirectly from the provision of the services or sale of goods, including (but without limitation) any physical damage, claims by third parties, loss of profit, business or revenue.  This exclusion of liability applies to liability in contract and/or tort (including negligence).  The parties expressly contract out of the Consumer Guarantees Act 1993.
    3. In the event that this limitation is invalid for any reason and we become liable for loss or damage that would otherwise have been excluded, such liability is limited to the value of the services provided or the product sold.