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Sale of vehicles, parts or supply of workshop services
1.Barnes Group
These terms apply on any supply/sale of vehicles, parts and/or of any other goods or services by F.G. Barnes & Sons Limited (‘Barnes Group’), and any of its trading styles or subsidiary companies
2.Application
These terms apply to any enquiry order supplies or work carried out for a Customer named in any order or invoice or otherwise supplied (‘the Customer’) by Barnes Group, to the exclusion of any other terms unless expressly agreed in advance in writing. For any consumer sale these terms shall be in addition to and shall not exclude or restrict any mandatory statutory consumer rights.
3.Estimates Orders and pricing and VAT
3.1
Estimates are provisional and subject to change prior to issue of invoices for sales or services. Estimates and quotations are valid for a maximum period of 30 days from issue. Where material additional costs or work are identified Barnes Group will use their best endeavours to seek approval of the Customer before proceeding
3.2
Orders are not binding on Barnes Group until accepted by them in writing. Once an Order is accepted the Customer is bound to pay for the goods or services.
3.3
Barnes Group may not sell to unauthorised resellers, and shall not be bound to any orders from customers who are or who act as such.
3.3
If the Customer purports to cancel an Order then without prejudice to any other remedies available (including completion of the sale or loss of the sale), the Customer shall indemnify Barnes Group for all costs and expenses incurred in the processing of the Order.
3.4
Prices chargeable shall be those prevailing at the time of supply of the goods or services, including any increases since the date of any Order or estimate. Barnes Group invoice shall be the definitive evidence of any sums due.
3.5
All prices shall be subject to the addition of VAT at the rate prevailing at the time of supply. Prices to private ‘consumer’ customers will identify the VAT and the total amount due.
4.
Payment, lien and Retention of Title
4.1
Unless expressly agreed otherwise by Barnes Group payment shall be due upon completion of any work or prior to delivery of any goods or vehicles. Barnes Group may take a deposit with order, to be credited to the full price when due or forfeit on any cancellation by the customer without Barnes Group prior agreement.
4.2
Barnes Group shall not release vehicles from workshops until full payment is made. The Customer grants Barnes Group a general lien over any of the Customer’s goods or property in Barnes Group possession for any reason from time to time and in respect of any sums of any nature due from the Customer to Barnes Group.
4.3
Any goods parts or vehicles supplied by Barnes Group shall remain the unencumbered property of Barnes Group until full payment in cleared funds has been received. The Customer shall ensure that the goods are identifiable as such and stored or preserved in good condition. The Customer grants Barnes Group the right of access at any time (and on reasonable notice in non-urgent circumstances) to inspect and retrieve such goods from any Customer or third party premises used by the Customer.
4.4
In the event that the goods are combined with any third party or Customer equipment then Barnes Group shall at its discretion remove and return such equipment or give such credit as is proportionately due to the Customer in respect of such equipment upon any later sale by Barnes Group.
4.5
Our lien (retaining possession) over your vehicle. We may exercise a lien over a vehicle (meaning that we will retain possession of your vehicle) which is on our premises if you do not pay us, or you fail or refuse to collect the vehicle and may charge you for storage costs at our usual garaging rate of £16.66 plus VAT per day. We will contact you to notify you that payment and/or collection of the vehicle is required. If, despite our reasonable efforts, we are unable to contact you or arrange collection within 14 days, we may end the contract and:
(a) exercise a lien over the vehicle and any property left in the vehicle until payment of our outstanding invoices has been made to us in full; or
(b) serve you with a notice under the Torts (Interference with Goods) Act 1977, requiring you to collect the vehicle and alerting you to the fact that if you fail to do so the vehicle (and any property left in the vehicle) will be sold and we shall be entitled to retain sums due to us (including storage costs at our garaging rate) from the sale proceeds.
5.
Interest and costs
Interest shall be due on any sum overdue at the rate of 4% over HSBC Bank base rate applicable from time to time during any such delay. In the event that Barnes Group incurs bank or third party recovery charges the Customer shall reimburse these in full together with a minimum £25.00 administration charge.
6.
Delivery of Goods, completion of services
6.1
Barnes Group will use reasonable endeavours to complete services and deliver goods on dates agreed, but time shall not be of the essence and Barnes Group shall not be liable for any losses arising or alleged from any delays.
6.2
The Customer shall collect goods within 5 days of notification that they are ready for collection.
6.3
For sales of vehicles the Customer may notify Barnes Group of the identity of a reputable Finance Company no less than 14 days prior to the anticipated delivery date of the vehicle. Barnes Group may agree to sell to such finance company on the Customer’s instructions and this shall be in satisfaction of Barnes Group’s obligations to the Customer.
6.4
In the case of Customer goods not collected within a further 7 days, Barnes Group may notify the Customer by post to the Customer’s last known address that the goods will be sold within 14 days and the proceeds applied to any sums due to Barnes Group including all associated costs. Any balance will be sent or retained pending the Customer’s instructions.
6.5
Where Barnes Group is unable to perform the services or supply the goods, in particular but not limited to circumstances beyond their reasonable control or non-availability or cessation of production of the goods or vehicles in question, they may cancel the order by notice to the Customer. Any deposit paid shall be refunded,
6.6
Where the Customer is or appears unable to meet its obligations or has insolvency action taken then Barnes Group may terminate any Order or agreement without notice.
7.
Risk and insurance
Risk in vehicles parts or other goods supplied shall pass to the Customer upon delivery at the Barnes Group premises or to the Customer’s premises or nominated delivery point with Barnes Group prior agreement. If the Customer fails to take delivery at the agreed location or time, risk shall nevertheless pass to the Customer who confirms that he has full insurance for such goods from that time.
8.
Parts supplies additional provisions
8.1
Items specially ordered and electrical goods correctly supplied may not be returned for credit unless returned within 7 days of issue in original condition and packaging.
8.2
We reserve the right to make a minimum handling charge on goods accepted for return against correctly executed orders.
8.3
Surcharged items must be returned within 30 days (with relevant invoice referred), to qualify for credit
8.4
Vehicle manufacturer supplied or approved parts will carry the manufacturers 12 month warranty. Any parts from alternative suppliers will have that supplier’s warranty.
8.5
Unless agreed otherwise any displaced parts become the sole property of Barnes Group to dispose of at their absolute discretion.
8.6
With Barnes Group written prior agreement Parts invoices shall be subject to payment on the 20th of the month following invoice date.
8.7
The following parts cannot be returned to the FG Barnes Group; Electrical Parts, Special Order Parts, Backorder Parts & Body Panels.
8.8
We will not accept returns on “Damaged Items” unless reported within 24 hours of collection or delivery.
9.
Delivery to Third parties
The Customer may instruct Barnes Group to deliver to a third party, and shall give adequate details. Delivery by Barnes Group to this address and to a recipient with apparent proper identification shall be effective delivery and Barnes Group shall have fully discharged its obligations.
10
Warranties and liability
10.1
Barnes Group does not exclude liability for death or personal injury arising from its neglect or breach of strict statutory liability.
10.2
In the case of any consumer sale Barnes Group does not exclude any statutory consumers’ rights, including warranties on satisfactory quality and fitness for any agreed specified purpose. For non-consumer sales Barnes Group obligations shall otherwise be defined and limited as follows.
10.3
Vehicles and parts shall be sold with the benefit of any manufacturer or supplier warranties and Barnes Group shall pass the full benefit of these and shall take steps to process any claims by the Customer. The Customer shall pay any amount of any claim rejected by the manufacturer/supplier.
10.4
Barnes Group warrants its workmanship for a period of 3 months or 3000 miles whichever is sooner. Barnes Group shall rectify any faults in its own workshop, or pay third party costs where these have been expressly agreed by Barnes Group in advance.
10.5
Used vehicles shall be sold subject to any particular warranty from Barnes Group or a third party identified on the sales invoice. In the absence of this and in any event subject to the preceding sub-clauses Barnes Group warrants used vehicles against mechanical breakdown not due to accident abuse or fair wear and tear for a period of three months from the date of sale. In the case of used commercial vehicles this is subject to a maximum mileage of 15000 miles from the date of sale.
10.6
Save as provided above Barnes Group gives no representations or warranties in respect of the sales or supply of services. Barnes Group shall not be liable for any loss or damage arising in the performance or breach of any order or supply. In particular but without limitation Barnes Group shall not be liable for loss of profits, consequential or indirect losses, loss of opportunity business revenue or goodwill.
10.7
Barnes Group shall not be liable for costs claims or losses arising out of driving or towing a Customer’s vehicle or trailer with the Customer’s consent, and whether or not caused by Barnes Group or occurring on their premises.
11.
Force Majeure.
In the event that Barnes Group is prevented from performing its obligations by circumstances beyond its control, including but not limited to Acts of God inclement weather fire flood civil commotion war terrorist act failure of communications or interruption of supplies then Barnes Group performance obligations are suspended for the duration of such circumstances.
12.
Customer specifications, nominations or appointments
12.1
The Customer is solely liable for and indemnifies Barnes Group from any costs losses and consequences of any Customer supplied or nominated specifications equipment or third party installations other than manufacturer original equipment or optional extras from the manufacturers’ lists or specifications applicable to the model ordered from time to time.
12.2
Where the Customer appoints third party bodybuilders, installers or similar and requests Barnes Group to process such transaction in any manner including scheduling ordering delivery or payment then Barnes Group shall act strictly in the capacity of agent for the Customer without risk or liability for the underlying Customer transaction.
13.
Authority to Drive
The Customer authorises Barnes Group its employees and contractors to drive the Customer’s vehicles on the highway for any reason connected with the performance of the sales or service by Barnes Group.
14.
Part Exchanges
Where Barnes Group agrees to take any vehicle or goods in part exchange the Customer warrants that the goods are the Customer’s absolute unencumbered property and are supplied with full title guarantee and in the condition as inspected by Barnes Group. In the event of any delay in delivery or need to clear any third party finance Barnes Group may delay or cancel delivery of the new vehicle concerned or withdraw from the part exchange only with the Customer purchase proceeding and at the full price then payable. Where delivery of the new vehicle is delayed for more than 30 days from the date of quotation (or any agreed validity date for the part exchange valuation) then the value of the part exchange shall be reduced by any drop in value reported by trade valuation guides.
15.
General
15.1
Notices shall be in writing and served at the Registered Office or last notified address of the recipient. Notices shall be effective on the second weekday after posting by first class mail, or on the day of service if sent by hand or fax or email with proof of arrival before 4pm on a weekday.
15.2
Entire agreement. These terms represent the entire agreement between the parties and may only be varied amended or supplemented by prior written agreement signed by the Customer and Barnes Group.
15.3
Saving clause. In the event that any Court or competent body shall find any term of this agreement void or unenforceable the remainder of the terms shall continue in full force and effect and be interpreted accordingly.
15.4
Jurisdiction and governing law. This agreement is governed by English law and subject to the jurisdiction of the English Courts.
All Barnes Group companies registered offices are at:-
15, Moorfield Road , Slyfield Industrial Estate, Guildford, Surrey GU1 1RT
FG Barnes & Sons Ltd. Reg No 00320732