1. Definitions
1.1 Buyer: The person or company whose order for goods is accepted by the Seller.
1.2 Conditions: The Seller’s standard conditions of sale, including any special conditions agreed to in writing between the Buyer and the Seller.
1.3 Consignment Basis: An arrangement whereby the Seller provides Goods for sub-sale, and the Buyer is required to remit payment to the Seller upon the sub-sale of the Goods in accordance with Clause 3.
1.4 Contract: A legally binding agreement incorporating these terms for the sale of Goods by the Seller to the Buyer.
1.5 Goods: Any goods offered for sale by the Seller, including but not limited to Refrigerants.
1.6 Manufacturer: The original supplier of the Goods to the Seller.
1.7 Refrigerants: Includes carbon dioxide (CO2) used in the Goods.
1.8 Restricted Products: Goods subject to regulatory controls.
1.9 Sale or Return Basis: An arrangement whereby the Seller provides Goods for sub-sale, the Buyer pays the Seller in accordance with the Conditions, and may return unsold Goods at their own expense for a credit or refund.
1.10 Seller: CARS REFRIGERATION LIMITED, a company registered in England (Company No. 03075016).
1.11 Special Order: Goods supplied at the Buyer’s request that are not ordinarily held in stock by the Seller.
1.12 Unit: The aggregate of chassis assembly and parts forming a unit of Goods.
2. Use of the Website
2.1 The website is intended solely for business-to-business transactions.
2.2 All services and transactions conducted through the website must be conducted by qualified engineers.
2.3 By accessing or using the website, you agree to be bound by these terms and conditions.
2.4 The Buyer shall ensure that the use of the website is in compliance with all applicable laws and regulations.
2.5 Unauthorized use of the website may result in a claim for damages and/or constitute a criminal offense.
3. Formation of Contract
3.1 The Contract is formed upon the issuance of an invoice or delivery note by the Seller and acceptance of the Goods by the Buyer.
3.2 Any representative of the Buyer shall be deemed to have the authority to enter into a Contract on behalf of the Buyer.
4. Payment Terms
4.1 Payment is due in cleared funds within thirty (30) days from the date of the invoice for approved credit customers. Otherwise, payment is required in full prior to the release of Goods.
4.2 Time is of the essence for payment. If the Buyer fails to make payment on time:
- 4.2.1 The Seller may suspend further deliveries.
- 4.2.2 The Seller may cancel the Contract.
4.3 Interest and compensation for overdue payments shall apply in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
4.4 The Seller reserves the right to refer overdue accounts to debt collection agents, in which case a surcharge of approximately fifteen percent (15%) plus VAT shall be payable by the Buyer.
5. Title and Risk
5.1 Title to the Goods shall remain with the Seller until payment in full is received.
5.2 If the Goods are incorporated into other goods, the Seller retains title to the Goods if they remain identifiable and detachable.
5.3 The Seller may require the Buyer to assign to the Seller any rights to recover the price if the Goods have been resold.
5.4 The Seller reserves the right to repossess Goods that have not been paid for.
6. Guarantee and Warranty
6.1 The warranty period is twelve (12) months from the date of the invoice and covers defects in materials and workmanship.
6.2 The Buyer must notify the Seller of any defects immediately upon discovery and return the defective Goods at the Buyer’s risk and expense.
6.3 The Seller shall repair, replace, or refund defective Goods within the warranty period.
6.4 The warranty does not cover defects arising from the Buyer’s misuse, negligence, or failure to follow instructions.
6.5 Site inspections by the Seller may occur as part of the warranty claims process.
6.6 Goods returned under warranty must be sealed to prevent contamination.
6.7 The Seller shall not be liable for failure of the Goods where incorrect information relating to application or usage has been provided by the Buyer.
6.8 If the Manufacturer’s guarantee terms differ from the Seller’s warranty, the Manufacturer’s terms shall apply.
6.9 The warranty shall be void if the Buyer breaches these Conditions, including but not limited to the payment terms.
7. Returned Goods
7.1 The Seller, at its sole discretion, may accept the return of non-defective, unused Goods from the Buyer and provide a credit for the price paid, less a restocking charge, provided that the Goods are returned in new, resaleable condition. Credit notes are valid for six (6) months from the date of issue and may be used against outstanding balances or refunded upon request.
7.2 Special Orders may not be cancelled or returned by the Buyer, unless proven to the satisfaction of the Seller to be faulty.
7.3 The Buyer may return Goods within fourteen (14) days from receipt, provided the Goods are unused and in a new, resaleable condition.
8. Delivery
8.1 Delivery arrangements shall be agreed between the Seller and the Buyer.
8.2 Claims for damage in transit must be made within three (3) days of receipt of the Goods.
8.3 Carriage charges shall apply and be quoted at the time of order.
8.4 Additional charges may apply for non-standard deliveries.
8.5 Partial deliveries may be made at the Seller’s discretion and shall be invoiced separately.
9. Insolvency
If the Buyer becomes insolvent, the Seller may terminate the Contract, and all outstanding payments shall become immediately due.
10. Suitability of Goods
The Buyer shall be responsible for ensuring the suitability of the Goods for their intended purpose. The Seller shall not be liable for losses arising from reliance on any advice or representations.
11. Compliance with Instructions and Safety
The Buyer must comply with all installation, maintenance, and usage instructions to ensure the safe use of the Goods.
12. Force Majeure
The Seller shall not be liable for any failure to supply Goods due to circumstances beyond the Seller’s reasonable control, including but not limited to acts of God, war, strikes, or other unforeseen events.
13. Sale or Return or Consignment
13.1 The Buyer shall hold Goods provided on a Sale or Return or Consignment Basis as bailee and fiduciary agent for the Seller.
13.2 Title to the Goods shall remain with the Seller until payment in full is received or the Goods are sold.
13.3 The Buyer’s right to sell Goods ceases if the Buyer becomes insolvent or is in breach of payment terms.
14. Data Protection
The Seller complies with the requirements of the General Data Protection Regulation (GDPR). The Buyer is also required to comply with data protection regulations and to treat all data securely.