TERMS AND CONDITIONS OF SALE

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• Definitions

“The Company” means THE HAYLING TRAILER COMPANY LIMITED.

“The Buyer” means the person, firm, or company to whom this document is addressed or given.

“Contract” means a contract made by the sale of goods by the Company to the Buyer.

“Goods” mean the goods, materials, products and or service described or referred to in this document, or otherwise forming the subject matter of the contract.

• General
• The Company gives quotations and concludes contracts for the supply of goods subject only to these conditions.
• The Buyer accepts that these conditions shall govern relations between itself and the Company to the entire exclusion of any other terms, including, without limitations, conditions and warranties, written or oral, expressed or implied, even if contained in any of the Buyers documents which purport to provide that the Buyers terms shall prevail.
• Each contract shall be subject to these conditions whether made orally or in writing, even if such contract does not expressly refer to these conditions.
• No variations or qualifications of these conditions of any of the contract shall be valid unless agreed in writing by an officer of the Company.
• If a sample of the Company’s Goods shall be produced to and/or inspected by the Buyer, this shall not constitute a sale by sample and the Goods will not necessarily conform to the sample.
• A quotation is valid for three months or such other time as agreed.
• The Buyer shall be responsible to the Company for ensuring the accuracy of the terms of any order including any applicable specifications.
• Price and Terms of Payment
• The price of the Goods (“the Price”) shall be the price listed in the Company’s published price list current at the date of delivery unless otherwise agreed in the Contract.
• The Company reserves the right, by giving notice to the Buyer at any time before delivery, to increase the Price to reflect any increases in the costs to the Company which is due to any factor beyond the control of the Company.
• Unless otherwise stated the Price is ex-works and exclusive of delivery and packaging charges.
• All Prices are exclusive of Value Added Tax unless otherwise stated.
• When a Buyer places an order, unless arrangements have been previously made, all orders must be accompanied by a deposit equivalent to 25% of the gross amount.
• The invoiced price of goods and services shall be paid by the Buyer, in cash without set-off within 30 days from the date of the Company’s invoice “the due date”). If full payment is not received by the due date, the Company shall be entitled to charge interest on such overdue payment from the due date until payment, at the rate of 3% per annum over the base rate of HSBC, for the time being in force. For the purpose of payment by the Buyer, time shall be of the essence.
• In the absence of satisfactory references, or in the case of delay or default by the Buyer in complying with the above terms of payment, the Company shall be entitled to render proforma invoices, based on its current price lists, for payment from the Buyer, before delivery.
• Claims

Claims for missing or damaged goods can only be considered if reported to both the Company and the carriers within 7 days of the invoice date.

• Delivery
• Delivery of the Goods shall be made by the Buyer collecting the Goods at the Company’s premises or, if a place for delivery is agreed by the Company, by the Company delivering the Goods to that place.
• In the event of any goods being delivered at the Buyers request by instalments, each instalment shall be the subject of a separate Contract, on the basis of these Terms.
• Any dates quoted for delivery of the Goods are approximate only and the Company shall not be liable for any delay in delivery of the Goods. Time for delivery of the Goods shall not be of the essence unless previously agreed by the Company in writing. The Goods may be delivered by the Company in advance of the quoted delivery date upon giving reasonable notice to the Buyer.
• If the Company is unable to deliver the Goods due to circumstances beyond its control or the Buyer fails to take delivery of the Goods on the date named by the Company for delivery for whatever reason then, without prejudice to any other right or remedy available to the Company, the Company may (on giving the Buyer notification of readiness to deliver) store the goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage.
• The Buyer shall ensure that the Company’s delivery vehicle shall have proper access to any agreed delivery site. The Company will not deliver Goods over roads or ground that in the Company’s (or its authorised representatives) opinion are considered to be unsuitable.
• Warranties and Liability
• Save where a warranty in writing is given by an authorised officer of the Company, the Company accepts no responsibility for the method of securing Goods on combination trailers which is entirely the responsibility of the Buyer or his agent.
• In the interest of safety, the company recommends that Goods are tied down or secured to the main carrying trailer, rather than the combination launch trolley.
• No condition or warranty is given by the Company or to be implied as to the life of the Goods or that they will be suitable for any particular purpose or for use under any specific conditions even where the same have been made known to the Company.
• Subject as expressly provided in these Terms, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
• Except in respect of death or personal injury caused by the Company’s negligence, the Company shall not be liable to the Buyer for any reason whatsoever which arises out of or in connection with the supply of the Goods or their use or resale by the Buyer. The Company shall not be liable to the Buyer or any third party for any indirect, or consequently loss or damage or for any loss of profit.
• The Company shall not be liable to the Buyer or deemed to be in breach of Contract by reason of any delay in performing, or the failure to perform, any of the Company’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Company’s reasonable control.
• The Buyer shall indemnify the Company against all actions, claims or demands by third parties against the Company howsoever arising in respect of or in connection with the Goods or the Contract by the Company to supply the same upon these Terms.

• Special Trailers
• Orders for special trailers can only be accepted if working drawings are supplied or if drawings prepared by the Company are approved and signed by the Buyer.
• Orders for special trailers to carry boats can only be accepted if working drawings of boats are supplied, otherwise no responsibility can be accepted for any loss or expense arising from such cancellation or variations.
• Cancellation
• A confirmed order or schedule may only be cancelled or varied with the Company’s consent, the giving of the Company’s consent shall not in any way prejudice the Company’s rights to recover from the Buyer full compensation for any loss or expense arising from such cancellation or variations.
• Guarantee
• The Company undertakes to replace or repair free of charge within a period of 12 months from the date of purchase any item made and sold by the Company which is defective as a result of defective workmanship or materials supplied or used by the Company subject to the conditions of sale.
• In the case of Goods not manufactured by the Company, the Company will pass on to the Buyer to the extent that it is able, any benefits obtainable under any warranty given by the Company’s suppliers, provided that the Goods have been accepted and paid for by the Buyer.
• In order to exercise its rights under the conditions, the Buyer shall inform the Company within 7 days of the date when such defect appeared or ought reasonably to have been discoverable and shall return the defective Goods, carriage paid, to the Company’s premises. The guarantee ceases in every respect if the trailer is over-loaded or damaged when used for an unsuitable load or where the defect is in any other way caused by the Buyer or due to wear or tear, accident, misuse or negligence of the Buyer or a third party other than the Company.
• The repaired or new parts will be delivered by the Company to the Buyer free of charge on the mainland of Great Britain.
• The Law Regarding the Towing of Trailers

Braked and un-braked trailers have separate laws governing their use. It is the responsibility of the driver to ensure that the vehicle/trailer combination is legal, and that all aspects of the trailer fall within the law. For further information you may wish to contact The Society of Motor Manufacturers Limited, Forbes House, Halkin Street, London, SW1X 7DS. There are also several other publications available.

• Risk and Passing of Title

Legal title to and beneficial ownership of the goods shall remain within the Company until the Company has received all sums owing by the Buyer, whether under Contract or any other.

• Until full payment has been received by the Company for all goods whatsoever supplied at any time by the Company to the Buyer.
• The property in the Goods shall remain in the Company and the Buyer shall hold them as the Company’s bailee.
• The Buyer shall keep the goods properly housed and protected and shall store them separately in such a way that they can be readily identified as being the Company’s property, and the buyer agrees that any goods of a particular make and type distributed by the Company shall be presumed to have been supplied by the Company unless the Buyer can prove to the contrary.
• The Buyer must at its own expense insure and keep insured all goods which are the Company’s property against all risks which it would be prudent to insure against with a reputable insurance company and must, if the Company so requests, cause the Company’s interest to be noted on the policy or policies of insurance which shall be made available to the Company for inspection.
• Risk of damage to or loss of Goods shall pass to the Buyer.
• In the case of goods to be collected by the Buyer from the Company’s premises at the time when the buyer collects the Goods, or
• In the case of Goods to be delivered by the Company at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, at the time when the Company has tendered delivery of the Goods.
• Customers Goods and Property
• Storage can only be undertaken with the approval of the Company.
• The company undertakes to take reasonable care of items deposited in its charge subject to the following limitations:-
• Security. That which is offered by a fenced compound.
• Damage. That which is caused by accidental damage by the employees of the Company.
• The Company will not under any circumstances accept any further liability for whatever reason.

12.3. The Company recommends to the Buyer the following:-

• The Buyer insures the goods against third party indemnity.
• The Buyer insures the goods against loss or damage.
• Ineffective Conditions

If any condition (or any part thereof) is rendered void or unenforceable by any legislation to which it is subject or by any rule it shall be void or unenforceable to that extent only and no further and the Clauses are severable.

• Force Majeure

Without prejudice to any other conditions the Company shall be under no liability for delay in, or non performance of any obligation hereunder due to shortage or unavailability of stock, industrial action, transportation delays or any other circumstances whatsoever beyond its reasonable control whether or not foreseeable, and in such event the Company may at its option cancel the Contract or any outstanding part of it or delay performance.

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