Equibrand Terms of Business

DEFINITIONS...Trailers, Security marking products, other products

• Equibrand, Church Street, Charwelton, (the 'seller')
• Equibrands customer who places the order and pays for the goods, (the 'buyer')
• The actual manufacturer of the goods (the 'manufacturer')
• These Terms of Business do not affect 'the buyers' rights under The Sale of Goods Act.
• All goods and services supplied by Equibrand (the 'seller') are subject to the terms set out below unless varied by written document signed by a partner of Equibrand (the 'seller'). Howsoever the same may be qualified the placing of an order with Equibrand (the 'seller') shall be deemed as acceptance of these terms.

PRICE

All prices are exclusive of VAT (unless clearly indicated) and this will be added to our prices and charged at the rate applicable at the date of invoice. Many of our products are made in traditional methods and should the manufacturing process need to change this will incur additional set up costs. We reserve the right therefore to alter prices and specification without prior notice.

TITLE

IMPORTANT: The Title of the goods will not pass to the 'buyer' until full payment has been received by the 'seller', and such payment has been accepted and cleared by the 'seller's' bankers. Irrespective of the re-sale of goods.

PAYMENT

Unless otherwise agreed in writing by the 'seller'. 1..payment in full (and without deductions) shall be made to the 'sellers' offices with the order, or by arrangement prior to delivery/collection, of the goods.. 2.. If payment by credit/debit/charge card or cheque this will be passed to the 'seller's' bankers for clearance on receipt and only upon clearance by the 'seller's' bankers will the goods be released.

CANCELLATION

Acceptance of order cancellation is at the discretion of 'the seller' and in any case will only be considered if in writing. As most of our products are made to 'the buyer's' specification and cannot therefore be resold by 'the seller' a charge will be made, if production of the order has commenced at the time of cancellation.

RISK

The risk in the goods shall pass to the 'buyer' upon despatch of the goods, notwithstanding agreement by the 'seller' to bear the cost of delivery. In any event the goods remain the property of the 'seller' until paid for in full (see 1.and 2. above within Payment section).

COMPLIANCE

The 'seller' will make every effort to ensure that all goods manufactured for them are made to comply to local regulations and directives in U.K. The 'seller' cannot accept liability in any way for non compliance and the 'buyer' must accept responsibility for ensuring that if they resell or supply 'the seller's' goods that they have tested or ensure compliance with the local regulations and directives in their marketplace.

DESPATCH/DELIVERY (where applicable)

Dates for despatch/delivery, (collection availability) are only an estimate based on workload at time of price proposal. These cannot be guaranteed, although every effort will be made to make despatch within the estimated time. The 'seller' shall incur no liability for any loss or damage whatsoever as a result of late delivery or (collection availability) unless caused wholly by the negligence of the 'seller'.

RETURNED GOODS (where applicable)

Unless by prior authority of the 'seller' any carriage charges for the return of goods will be paid by the 'buyer'.

WARRANTY

Provided (without prejudice to the buyers statutory rights) that within six months of delivery.. 1... the ‘buyer’ gives written notice to the ‘seller’ within seven days of any defect becoming apparent, with full details thereof, and returns the goods to ‘ the seller’, within twenty one days of any defect becoming apparent. 2... that examination of the item by the ‘manufacturer’ shall disclose to its satisfaction that such defects exist and were caused by faulty design, or materials, or poor workmanship. and. 3... that the liability of the ‘seller’ and ‘manufacturer’ hereunder shall be limited to the repair ( at the ‘manufacturers’ discretion ) during normal business hours of the item, and redelivery thereof to the ‘buyer’.. The ‘seller’ will make every effort to ensure the ‘manufacturer’ brings the defect up to a workmanlike standard. Trailer Covers are sold with the makers warrantee on materials and workmanship, but no warrantee can be given on damage that occurs during fitting or removing covers, as this is completely out of our control. Glass breakage and Electrical Tool heating elements are not covered by warranty.

SECONDHAND GOODS

No guarantee whatsoever is given on any second-hand goods supplied by Equibrand (unless specifically agreed in writing by Equibrand). The buyer must satisfy themselves as to the condition, and state of repair of the goods they are purchasing, at the time of delivery/collection.

ADHESIVES

As the 'seller' has no control over the application of its goods by use of adhesives, and surface preparation is of paramount importance to satisfactory bonding, the 'seller' cannot accept any liability for bonding failure, or damage thereby caused.

LIABILITY

a/. The 'seller' shall not be liable for any loss of profits, loss of contract, waste of staff time or consequential loss of any sort whatsoever and however caused.
b/. The 'seller's liability in respect of any defective item of goods supplied hereunder shall be limited to the value thereof (such value deemed to be the sale price of the item to the 'buyer') and liability will pass to the manufacturer of the goods and be subject to their conditions of sale.
The 'seller' shall not be liable if dimensions supplied by the 'buyer' prove to be faulty provided the 'manfacturer' has made goods to the 'buyer' instructions, if these dimensions later prove to be inaccurate.
c/. The 'seller' cannot be liable for damage to trailer covers caused by inclement weather. The 'buyer' must ensure that every area of their trailer that could in any way cause damage to the cover is suitably covered to protect the cover from damage.

LAW

These conditions shall be construed according to the laws of England and Wales, and any disputes in connection therewith shall be tried in the courts of England and Wales.

PRIVACY POLICY

Equibrand do not disclose our customers information gathered during order processing to third parties.

January 2011

www.equibrand.co.uk