Trade Account – Reliable Parts

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Terms and Conditions
Conditions of Sale (Trade Account) 

Reliable Parts Limited Trade Account  

INTERPRETATION 

The following definitions, unless the context requires otherwise, and rules of interpretation in Condition 1 shall apply to these Conditions: 

Account: No credit terms are offered or implied  
Conditions: these terms and conditions (as amended from time to time); 

Contract: The contract between Reliable Parts Limited and the Customer for the purchase of Goods by the Customer from Reliable Parts Limited in accordance with and subject to the Conditions and Additional Terms; 

Customer: The company or organisation that enters into a Contract, in accordance with and subject to the Conditions, to purchase Goods from Reliable Parts Limited for business purposes; 

Goods: Any goods Reliable Parts Limited agrees to supply to the Customer under a Contract; 

Intellectual Property Rights: All copyright and related rights, trademarks, trade names, domain names, goodwill and the right to sue for passing off or unfair competition and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for and be granted renewals or extensions of, and rights to claim priority from; 

Order: completion and submission of an Order Form by the Customer, a request (written or oral) to purchase goods from the Customer to Reliable Parts Limited or acceptance by the Customer of a quotation provided by Reliable Parts Limited;
 
Order Acknowledgement: acceptance of an Order by Reliable Parts Limited , which shall be the earlier of Reliable Parts Limited  accepting the Order by sending an email confirming despatch or commencing performance of the Order; 
Order Form: Reliable Parts Limited standard order form and/or online order process for the purchase of Goods; 

Price: is defined in Condition 7.1; 
Website : www.reliableparts.co.uk 
 

References to the masculine include the feminine and the neuter, the singular include the plural and, in each case, vice versa. Reference to a statute or statutory instrument is a reference to it as it is in force for the time being and includes reference to any amendment, extension, application, or re-enactment and includes any subordinate legislation made under it. 

Headings shall not affect the interpretation of the Conditions. 

APPLICATION OF TERMS 

Subject to Condition 2.2, the Conditions and any Additional Terms apply to all Contracts to the exclusion of all other terms and conditions. No terms or conditions of the Customer (whether endorsed on, delivered with, or contained in the Customer’s purchase order or other documents) shall form part of any Contract and any attempt by the Customer to exclude, vary or limit any Conditions or Additional Terms without the express agreement of Reliable Parts Limited in writing shall be void. 

Any variation to the Conditions shall have no effect and shall not form part of the Contract unless agreed in writing by Reliable Parts Limited. 

Reliable Parts Limited, employees or agents are not authorised to make any representation concerning the Goods unless confirmed by Reliable Parts Limited in writing. In entering the Contract, the Customer acknowledges and accepts that it does not rely on, and waives any claim for breach of, any such representations that are not so confirmed. 

Reliable Parts Limited advertises the goods available for purchase on the Website, which shall be treated as a quotation, and may provide the Customer with a separate oral or written quotation. Advertisement of goods via the Website or a quotation provided is an invitation to treat by Reliable Parts Limited to supply the goods set out on the Website and/or in the quotation, subject to the Conditions, to the Customer. Unless stated otherwise in the quotation, a quotation is valid for 2 days from its date provided that Reliable Parts Limited has not previously withdrawn it. 

The placing of an Order by the Customer shall be deemed to be an offer, subject to the Conditions, to purchase the goods stated therein from Reliable Parts Limited. No order placed by the Customer shall be deemed to be accepted by, and no Reliable Parts Limited binding Contract will come into existence, until  provide Reliable Parts Limited offers an Order Acknowledgement. 

DESCRIPTION 

The quantity and description of the Goods is set out in quotation Reliable Parts Limited and/or Order Acknowledgement and the Contract. 

All descriptions, technical data and illustrations and any advertising or other materials issued by Reliable Parts Limited, approximations and for information purposes only, should not be relied on by the Customer as precise or construed literally and shall not form part of the Contract. 

Reliable Parts Limited reserves the right to change any descriptions, drawings, specifications, technical data, illustrations, brochures, advertising materials, the Website and any other materials provided at any time without notice. 

The Customer acknowledges and accepts that, whilst Reliable Parts Limited will endeavour to provide Goods of a similar quality, goods are supplied on the understanding that the finish of Goods containing natural products or materials (such as wood or leather) may vary  

DELIVERY 

Unless otherwise agreed in writing by Reliable Parts Limited, delivery of the Goods shall take place at the delivery address set out in the Contract (“Delivery Point”). Please see the Delivery Policy on the Website for details of applicable delivery charges. 

Reliable Parts Limited will endeavour to deliver the Goods to the Delivery Point by the date specified in the Contract or, if none is specified, within a reasonable period. However, any such specified date is an estimate only and it is expressly agreed that time for delivery shall not be, and shall not be made by notice, of the essence. 

Unless agreed otherwise, goods will be delivered by Reliable Parts Limited or its carriers, subject to payment of the applicable delivery charge (if any), on weekdays during normal working hours. Reliable Parts Limited reserves the right to levy an additional charge where the Customer requests that the Goods be delivered in instalments or outside normal working hours or on weekends or Bank Holidays. 

Reliable Parts Limited record of the delivery date and description of the Goods delivered to the Customer shall be conclusive evidence of such unless the Customer can provide conclusive contrary evidence. 

Reliable Parts Limited may deliver the Goods by separate instalments, which shall be invoiced and paid for separately in accordance with the Contract. Each separate instalment shall, unless agreed otherwise in writing, be deemed a separate Contract. 

If for any reason the Customer fails to accept delivery of any of the Goods when the Goods are delivered to the Customer, or within 24 hours of notification that the Goods are ready for delivery, wishes to delay delivery, or Reliable Parts Limited is unable to deliver the Goods because the Customer has not provided appropriate instructions, access, documents or authorisations: 

The Goods will be deemed to have been delivered; and 

Reliable Parts Limited may store the Goods until actual delivery, whereupon the Customer shall be liable for all related costs and expenses (including, without limitation, storage and insurance costs). 

If the Customer has not taken/accepted delivery of the Goods within 10 days of notification that the Goods are ready for delivery, Reliable Parts Limited shall be entitled to resell  

Subject to the other Conditions and unless agreed otherwise by Reliable Parts Limited, Reliable Parts Limited will not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, loss of profits, loss of business, depletion of goodwill and any similar loss) costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods, nor shall any such delay entitle the Customer to repudiate or terminate the Contract unless it exceeds 28 days and the delay is wholly and completely the fault of Reliable Parts Limited. 

Reliable Parts Limited shall not be liable for delivering the wrong Goods or for non-delivery of or damage to the Goods (even if caused by Reliable Parts Limited negligence) unless the Customer notifies Reliable Parts Limited in writing within 7 days of the actual delivery date. 

Reliable Parts Limited liability under Condition 4.11, as a result of the Customer complying with the notice requirements, is limited to, at Reliable Parts Limited option, replacing or issuing a credit note for the Goods within a reasonable time. 

If delivery of the Goods is accepted by the Customer and the Customer fails to notify Reliable Parts Limited in accordance with Condition 4.11, the Customer shall not be entitled to reject the Goods and Reliable Parts Limited shall have no liability for delivering the wrong Goods or for damage to the Goods and the Customer shall be bound to pay the Price as if the Goods had been delivered in accordance with the Contract. 

Any receipt or signed delivery note (or equivalent documentation) obtained by Reliable Parts Limited or its carrier from the Customer, or its employees or agents, accepting or taking delivery of the Goods shall be conclusive evidence of delivery of the Goods, or such part thereof as is indicated by the receipt/delivery note, in accordance with the Contract by Reliable Parts Limited. 

CUSTOMER’S OBLIGATIONS AND WARRANTIES 

The Customer warrants that it has the necessary authority to enter the Contract. The Customer warrants that all the information provided to Reliable Parts Limited, particularly (without limitation) that the terms of any Order (including any applicable specification) is true and accurate and acknowledges that Reliable Parts Limited is relying on such information to perform its obligations under the Contract. 

The Customer warrants that it is a trade customer (it is entering into a Contract with Reliable Parts Limited to purchase goods for business use). 

The Customer acknowledges that it is responsible for ascertaining the type, quantity and specification of the goods required for its purposes and that Reliable Parts Limited provides no warranty (and none shall be implied) that the Goods are fit for any particular purpose and as such sold as parts only and or export. 

The Customer agrees to co-operate fully with Reliable Parts Limited and provide any assistance required to supply the Goods but without limitation, the Customer agrees to do the following at its own expense: 

provide Reliable Parts Limited with any reasonably necessary information relating to the Goods within a sufficient time to enable Reliable Parts Limited to fulfil the Contract and provide all other information, co-operation and assistance reasonably required to enable Reliable Parts Limited to perform the Contract. 

provide adequate and appropriate equipment and suitably trained and competent personnel at the Delivery Point to collect or unload/load the Goods at a reasonable speed. If Reliable Parts Limited or its carrier’s delivery vehicle is kept waiting for an unreasonable time, is unable to complete delivery or if Reliable Parts Limited has to provide staff to unload the Goods an additional charge may be made; and 

inspect and check the Goods on delivery to ensure that they conform to the Contract and the Customer’s requirements; and 

ensure an authorised representative of the Customer signs the delivery note (or the equivalent documentation of a carrier) on delivery to confirm that the Goods are as ordered and undamaged; and 

take such steps as reasonably required to enable delivery of the Goods and ensure that all relevant regulations are complied with to ensure safe delivery of the Goods. 

PRICE 

Unless otherwise agreed by Reliable Parts Limited in writing and subject to Conditions 7.2 and 7.3, the price for the Goods shall be the price stated in the quotation and/or Order Acknowledgement provided by Reliable Parts Limited to the Customer in accordance with Conditions 2.4 and 2.5, together with any VAT and delivery costs (“Price”). 

The Price is based on the costs of materials, labour, sub-contracts, transport, taxes, duties and all other relevant costs at the date of the quotation and/or Order Acknowledgement and on the work being done in normal working hours. 

Reliable Parts Limited reserves the right to vary the Price, by giving notice to the Customer prior to delivery, to take account of any variation (howsoever arising) in these costs or the imposition of any new taxes or duties or any changes to the Contract between the quotation or Order Acknowledgement date and the delivery date. 

In addition to the Price, the Customer shall pay for: 

any increase in costs due to changes to the delivery date or address or to the quantity or specification of Goods required by the Customer; and 

any additional work or costs as a result of the Customer providing inadequate or inaccurate instructions or information to Reliable Parts Limited or as a result of the Customer failing to comply with any of the Conditions or any Additional Terms. 

Any additional costs to the Price payable by the Customer under Condition 7.4 and/or the Contract will (at Reliable Parts Limited option) be invoiced by Reliable Parts Limited at the time the work is carried out or as part of the Price in accordance with Condition 8.1. 

PAYMENT 

Reliable Parts Limited shall be entitled to issue an invoice for the Price any time prior to delivery or collection of goods, Payment of complete invoice is deemed due immediately and no credit terms are offered in any event  

Reliable Parts Limited reserves the right, in its absolute discretion, to cancel the Account. 

No payment shall be deemed to have been received until Reliable Parts Limited has received cash or cleared funds and all sums payable to Reliable Parts Limited under a Contract shall become due immediately on its termination, howsoever arising. All payments shall be made to Reliable Parts Limited as indicated on the Order Acknowledgement and/or invoice (the latter of which shall prevail) issued by Reliable Parts Limited. 

The Customer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Customer has a valid court order requiring an amount equal to such deduction to be paid by Reliable Parts Limited to the Customer. 

Without prejudice to any of its other remedies, if any amount due from the Customer is not paid in accordance with the Contract Reliable Parts Limited may do all or any of the following: 

treat any or all Contracts as repudiated by the Customer. 

without notice suspend or cancel delivery of the Goods under the Contract, and any other Contract, until the Customer pays the outstanding amount(s) in full. 

invoice the Customer for any and all costs incurred by Reliable Parts Limited recovering monies owed (including, without limitation, legal costs on an indemnity basis). 

On termination of the Contract, how so ever caused, the rights of Reliable Parts Limited in this Condition 8 shall remain in effect. 

WARRANTIES & RETURNS 

Reliable Parts Limited offer no warranties or guarantees for all or any goods supplied, and the customer excepts all purchases are at customers own risk and all goods should be inspected prior to resale  

 

LIMITATION OF LIABILITY 

Subject to the other Conditions and provisions of the Contract, Condition 11 sets out the entire financial liability of Reliable Parts Limited (including any liability for the acts or omissions of its employees, agents, and sub-contractors) to the Customer in respect of any breach of the Contract and any representation, statement, tortious act or omission, including negligence, arising under or in connection with the Contract. 

Subject to Conditions 11.3 and 11.4: 

Reliable Parts Limited shall not be liable to the Customer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise (in each case whether direct, indirect or consequential) or any claims for indirect, special or consequential loss, damages or compensation whatsoever (howsoever caused) which arise under, out of or in connection with the Contract. 

All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract. All sales are Trade to Trade Only Basis  

Nothing in the Conditions or Contract excludes or limits Reliable Parts Limited liability for death or personal injury caused by Reliable Parts Limited negligence or for fraud or fraudulent misrepresentation. 

FORCE MAJEURE 

Reliable Parts Limited reserves the right to defer the date of delivery of the Goods or cancel the Contract (in each case without liability to the Customer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond its reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, labour disputes (other than in relation to Reliable Parts Limited own workforce), or restraints or delays affecting suppliers or carriers, or inability or delay in obtaining supplies of adequate quality, provided that, if the event in question continues for a continuous period in excess of 30 days, the Customer shall be entitled to give notice in writing to Reliable Parts Limited  to terminate the Contract. 

INDEMNITY 

The Customer shall be liable to pay Reliable Parts Limited (on written demand) for, and indemnify Reliable Parts Limited against, all reasonable costs, expenses and losses sustained or incurred by Reliable Parts Limited (including, but not limited to, any direct, indirect or consequential losses, loss of profit, loss of reputation, damage to property, loss of opportunity to deploy resources elsewhere and legal costs on an indemnity basis) arising directly or indirectly from the Customer’s fraud, negligence or failure to comply, or unreasonable delay in complying, with any of the Conditions. 

GENERAL 

If there are any differences between the information within the quotation and the Order Acknowledgement in respect of any Contract the latter shall prevail. 

Each right or remedy of Reliable Parts Limited under the Contract is without prejudice to any other right or remedy of Reliable Parts Limited whether under the Contract or not. 

All Intellectual Property Rights in any documents or materials provided by Reliable Parts Limited to the Customer under the Contract shall belong to Reliable Parts Limited. 

Except as permitted by law, the Customer shall not disclose any confidential information or commercial know-how provided by or relating to Reliable Parts Limited. 

All amounts due to Reliable Parts Limited from the Customer shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law). 

If any Condition is found by any court to be wholly or partly illegal, invalid, unenforceable or unreasonable it shall, to the extent of such illegality, invalidity, unenforceability or unreasonableness be deemed severable and the remaining Conditions, and the remainder of such Condition, shall continue in full force and effect. In the event that such court decides that such Condition is not severable, the parties agree to substitute such Condition with a legal, valid, enforceable and reasonable Condition that achieves, to the greatest extent possible, the same commercial effect as the original Condition. 

Failure or delay by Reliable Parts Limited to enforce, or partially enforce, any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract. 

Any waiver by Reliable Parts Limited of any breach of, or any default under, any provision of the Contract by the Customer shall be in writing, shall not be deemed to be a waiver of any subsequent breach or default, and shall in no way affect the other provisions of the Contract. 

No provisions of the Contract are enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to the Contract. 

All notices sent by the Customer to Reliable Parts Limited must be sent to Reliable Parts Limited at the relevant branch address (as set out on our website or by email sales@reliableparts.co.uk) or facsimile or as otherwise agreed by Reliable Parts Limited. Reliable Parts Limited may send notices to the Customer at the email or postal address, or by facsimile to the number, provided by the Customer to Reliable Parts Limited. 

All communications between the parties about the Contract, including any notices to be sent or received under the Contract, must be in writing. Notices shall be deemed served on delivery if delivered by hand, 48 hours after posting if sent by post, and on completion of transmission if sent by email or facsimile. 

The formation, construction, performance, validity and all aspects of the Contract shall be governed by the law of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.
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