Terms and Conditions of Sale

DEFINITIONS

Seller Fotheringham Equestrian Limited (Fotheringham Equestrian), dba Fotheringham Horseboxes

Buyer the person or firm who purchases the Goods from Fotheringham Equestrian.

Contract the contract between the Seller and the Buyer for the sale and purchase of Goods in accordance with the terms and conditions set out in this document.

Goods the vehicle or trailer (or any parts) set out in the Order.

Order the Buyer’s order for the Goods as set out in the purchase order.

1. PREVAILING CONDITIONS

The Contract between the Seller and the Buyer constitutes the entire agreement between the parties. The Buyer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Seller which is not set out in the Contract.

2. ACCEPTANCE

No Contract will be created between the Seller and the Buyer until the Seller has dispatched written confirmation of its acceptance of the Buyer’s order. Quotations issued by the Seller are not offers capable of acceptance so as to make a binding Contract.

3. GOODS

3.1 The Goods are described in the Buyer’s Order.

3.2 the Seller reserves the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirements.

4. DELIVERY

4.1 Delivery of the Goods shall be made by the Buyer collecting the Goods from the Seller’s premises within 14 days of the Seller notifying the Buyer that the Goods are ready for collection. The Goods will be delivered to the Customer only where agreed by the Seller and at the Buyer’s cost.

4.2 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. the Seller shall not be liable for any delay caused by an event outside of its control. In the event of such a delay, the Seller shall notify the Buyer and agree an alternative date.

4.3 If 14 days after the day on which the Seller notified the Buyer that the Goods were ready for delivery the Buyer has not accepted delivery of them, the Seller may give notice cancelling the Contract and any sums paid by the Buyer shall be returned less a sum equivalent to a reasonable administration fee, any damages, loss or expenses which the Seller may have suffered or incurred by reason of the Buyer’s default.

5. WARRANTY 

5.1 New Build vehicles — The Seller warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period of twelve (12) months from the date of delivery. 

5.2 The above Warranty is given by the Seller subject to the following conditions:

5.2.1 the Seller shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer;

5.2.2 The Goods shall be used exclusively for the purposes for which they were sold and not for Hire and Reward or anything other than Personal and Leisure purposes, unless Fotheringham Equestrian has built or equipped the vehicle for that specific purpose;

5.2.3 any faulty Goods or part thereof subject to a claim under this Warranty shall be returned to the Seller, or a workshop approved by the Seller, at the cost of the Buyer;

5.2.4 recovery costs are excluded from this Warranty;

5.2.5 the Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, damage caused by oil leaks, issues caused by frost, failure to follow the Seller’ s instructions (whether oral or in Writing), misuse or alteration or repair of the Goods without Fotheringham’ s written approval;

5.2.6 the Buyer shall give written notice to the Seller of any defect in the Goods or their failure to correspond with specification within seven (7) days of discovery, and in any event within 30 days of delivery. 

5.2.7 where a valid claim in respect of the Goods is based on a defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Terms, the Seller shall, subject to its own inspection, repair or replace the Goods (or the part in question) free of charge or, at the Seller’ s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), in which case the Seller shall have no further liability to the Buyer;  

5.2.8 if delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.

5.3 Pre-owned vehicles — the Seller shall repair, free of charges for parts and labour, any major defect in the Goods which becomes apparent within 30 days of delivery, or 1,000 miles, whichever comes sooner, providing the Goods are returned to the Seller’s premises, or a workshop approved by the Seller, within that period of time, and mileage.

5.4 This Warranty covers the cost of repair or replacement of the following: 

5.4.1 Engine, transmission, fuel system, cooling system, gearbox, steering, suspension, non-frictional clutch and brake parts, essential electrical wiring.

5.4.2.1 “Essential” shall have the meaning of being absolutely necessary, or extremely important, in ensuring the vehicle runs, is legal and safe to drive.

5.5. the Seller shall be under no liability in respect of any defect arising from:

5.5.1 Fair wear and tear, accidental or wilful damage, negligence, abnormal working conditions, damage caused by oil leaks, issues caused by frost, failure to follow the Seller’ s instructions (whether oral or in writing), misuse, consumable parts, accessories, air conditioning, batteries, bulbs, wheels and tyres, brake discs and brake pads, cosmetic repairs to paintwork, the vehicle’s interior, alteration or repair of the Goods without the Seller’ s written approval. 

5.6 The above Warranty is provided subject to the following conditions:

5.6.1 upon request the Seller will permit the Buyer to inspect the Goods for the purpose of assessing whether they are of satisfactory quality or not. The Buyer will be deemed to have carried out a reasonable examination of the Goods before the Contract is made, whether or not they have actually taken the opportunity to do so.

5.6.1.1 if the Goods is a vehicle of 7.5 tonne MAM or more, to ensure the Buyer is fully aware of the implications of purchasing, owning, and maintaining this type of vehicle, the Seller will not sell the vehicle to the Buyer unless the Buyer instructs a recognised horsebox mechanic or engineer to carry out a pre-sale inspection.

5.6.2 the Buyer shall give written notice to the Seller of any defect in the Goods within seven (7) days of discovery and in any event within 30 days of delivery. the Seller shall, subject to its own inspection, and at its sole option and discretion, repair or replace any defective Goods or part thereof;

5.6.3 if the Buyer does not notify the Seller as required above, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract;

5.6.4 any faulty Goods or part thereof subject to a claim under this Warranty shall be returned to the Seller, or a workshop approved by the Seller, at the cost of the Buyer; 

5.6.5 recovery costs are excluded from this Warranty;

5.6.6 no repairs shall be carried out under this Warranty unless and until the Seller provides written authorisation and no liability shall exist in respect of parts supplied, repairs carried out, or any other claim unless in accordance with the timing and procedures set out in this Warranty;

5.6.7 the Seller shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer;

5.6.8 the Goods shall be used exclusively for the purposes for which they were sold and not for Hire and Reward or anything other than Personal and Leisure purposes;

5.6.9 the Buyer acknowledges that the Goods are sold subject to such wear and tear as is reasonable for a vehicle of its age, type, usage and mileage;

5.6.10 the Buyer further acknowledges that in the case of vehicles on consignment, or sold on behalf of the owner, the Seller acts as an agent and is not in a position to issue a refund.