Terms and Conditions of Sale
Seller Fotheringham Scotland LP (FSLP), dba Fotheringham Horseboxes
Buyer the person or firm who purchases the Goods from FSLP.
Contract the contract between FSLP 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.
- PREVAILING CONDITIONS
The Contract between FSLP 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.
No Contract will be created between FSLP and the Buyer until FSLP has dispatched written confirmation of its acceptance of the Buyer’s order. Quotations issued by FSLP are not offers capable of acceptance so as to make a binding Contract.
3.1 The Goods are described in the Buyer’s Order.
3.2 FSLP reserves the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirements.
4.1 Delivery of the Goods shall be made by the Buyer collecting the Goods from FSLP’s premises within 14 days of FSLP notifying the Buyer that the Goods are ready for collection. The Goods will be delivered to the Customer only where agreed by FSLP 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. FSLP shall not be liable for any delay caused by an event outside of its control. In the event of such a delay, FSLP shall notify the Buyer and agree an alternative date.
4.3 If 14 days after the day on which FSLP notified the Buyer that the Goods were ready for delivery the Buyer has not accepted delivery of them, FSLP 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 FSLP may have suffered or incurred by reason of the Buyer’s default.
5.1 FSLP shall, where possible, ensure that the unexpired portion of the manufacturer’s warranty (if any) is transferred to the Buyer.
5.2 FSLP will, subject to the terms of this clause, repair, free of charge as to parts and labour, any major defect in the Goods which becomes apparent within 90 days of delivery, providing the Goods are returned to FSLP’s premises (or a workshop approved by FSLP) within that period of time and the Goods have been used exclusively for the purposes for which it was designed and has not been used for Hire and Reward or anything other than Personal and Leisure purposes.
5.3 The Buyer shall give written notice to FSLP of any defect in the Goods within a reasonable time of discovery (and in any event within 90 days of delivery). FSLP shall, subject to its own inspection, and at its sole option and discretion, repair any defective Goods (or the part in question). The Buyer acknowledges that in the case of vehicles on consignment, or sold on behalf of the owner, FSLP acts as an agent and is not in a position to issue a refund.
5.4 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.
5.5 This warranty given by FSLP shall not be extended under any circumstances.
6.1 Nothing in these conditions shall limit or exclude FSLP’s liability for (a) death, personal injury arising from its negligence or the negligence of its employees, agent or subcontractors; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot be restricted, excluded or limited by law.
6.2. Subject to condition 6.1: (a) FSLP does not sell the Goods subject to any implied warranty or condition or any duty at common law, statute or otherwise, and all such warranties and conditions are hereby expressly excluded to the fullest extent permitted by law, save that FSLP warrants that the goods shall conform with their description on the Order; (b) FSLP does not sell the goods subject to any warranty or condition concerning the fitness of the Goods for a particular purpose; (c) FSLP shall under no circumstances whatever be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and (d) FSLP’s total liability to the Buyer in respect of all other losses arising under or in connection with any this Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the purchase price of the Goods.
6.3 In particular, FSLP shall not be liable for any loss or damage suffered whatsoever as a result of (a) any inaccuracies shown in vehicle odometers; (b) animals that panic or misbehave or jump breast bars during transit or whilst inside the Goods; (c) any design or manufacturing faults in the Goods; (d) driver errors; (e) recovery costs; (f) Goods that are loaded over the maximum permitted gross vehicle weight; (g) the driver’s failure to hold the correct licence for the Goods; (h) the driver’s failure to check oil, water, vehicle lights and air lines prior to commencing any journey; (i) deterioration, manufacture faults, or any other failure following expiry of the 90 day warranty period; (j) any person standing behind the Goods’ ramp whilst in operation; (k) any inaccuracies published on FSLP’s website; or (l) any person’s failure to ensure they fully understand the Goods’ equipment and functions.
- TITLE AND RISK
7.1 The risk of the Goods shall pass to the Buyer on completion of delivery.
7.2 Title to the Goods shall not pass to the Buyer until payment in full for the Goods has been received.
- PRICE AND PAYMENT
8.1 The price of the Goods shall be the price set out in the Order, including where applicable, VAT and delivery.
8.2 Payment for the Goods is payable prior to the delivery of the Goods and within 14 days of FSLP notifying that the Goods are ready for collection.
8.3 If payment is to be made by cheque, the Buyer must notify FSLP and the cheque must be paid to FSLP at least 5 banking days in advance of delivery.
8.4 Where payment is delayed beyond the date specified for payment pursuant to condition 8.2, FSLP may give notice cancelling the Contract in accordance with clause 4.3.
8.5 Time of payment shall be of the essence.
8.1 FSLP may terminate the Contract with immediate effect by giving written notice to the Buyer if (a) the Buyer fails to make any payment which has become due under the terms of this Contract; (b) the Buyer fails to accept delivery of the Goods in accordance with clause 4.1; (c) the Buyer is unable to pay its debts as they fall due or admits inability to pay its debts, or is deemed unable to pay its debts within the meaning section 123 of the Insolvency Act 1986; (d) the Buyer compounds or makes any voluntary arrangement with its creditors or an application is made to court or an order is made for the appointment of an administrator or (being an individual or firm) becomes the subject of a bankruptcy petition or (being a company) goes into liquidation (otherwise for the purposes of amalgamation or reconstruction); (e) a receiver is appointed over any of the property or assets of the Buyer; (f) The Buyer ceases or threatens to cease to carry on business; or (g) FSLP reasonably believes that any of the events mentioned above are about to occur in relation to the Buyer and notifies the Buyer accordingly.
8.2 If any of the provisions of this Clause applies then (without prejudice to any other right or remedy available to FSLP) FSLP shall be entitled to cancel this Contract or suspend delivery under this Contract and forfeit any deposit paid by the Buyer without any liability to the Buyer and if any goods have been delivered but not paid for, the price shall become immediately due and payable notwithstanding any previous agreement to the contrary.
- PERSONAL DATA
9.1 Any disclosure of personal information shall be held and used in accordance with the Data Protection Act 1998.
9.2 The Buyer consents to such data being kept and used for purposes such as informing the Buyer of offers.
10.1 Any notice given to a party under or in connection with this Contract shall be in writing, addressed to that party at the address shown on the Order and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier or e-mail.
10.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second business day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax or e-mail, one business day after transmission.
If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this condition 11 shall not affect the validity and enforceability of the rest of the contract.
No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
- THIRD PARTY RIGHTS
A person who is not a party to the contract shall not have any rights to enforce its terms.
Any dispute or difference arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be determined by the appointment of a single arbitrator to be agreed between the parties, or failing agreement within fourteen days after either party has given to the other a written request to concur in the appointment of an arbitrator, by an arbitrator to be appointed by the Scottish Arbitration Centre on the written application of either party. The seat of arbitration shall be Scotland. The language to be used in the arbitral proceedings shall be English.
- GOVERNING LAW
This Contract shall be governed by Scottish law and any dispute or claim arising out of or in connection with it shall be governed by, and construed in accordance with the laws of Scotland.
Each party irrevocably agrees that the courts of Scotland shall have the exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract.