These conditions apply when you are purchasing Goods from us as a Consumer.
PLEASE NOTE THAT THESE CONDITIONS CONTAIN TERMS WHICH EXCLUDE OR LIMIT OUR LIABILITY TO YOU.
1. DEFINITIONS AND INTERPRETATION
In these terms and conditions the following terms have the following meanings:
“Associate” means, in relation to us, any company that is our holding company, subsidiary or a subsidiary of our holding company and the expressions “subsidiary” and “holding company” shall have the same meaning;
“Conditions” means these terms and conditions;
“Consumer” means any natural person who purchases Goods other than in the course of his or her business, trade or profession or for use in his or her business, trade or profession;
“Contract” means any contract for the sale by us and purchase by you of Goods;
“Delivery” means delivery of the Goods to you or, as the case may be, the Goods being ready for collection by you, and “Deliver” should be interpreted accordingly;
“Goods” means any goods to be sold and supplied by us to you;
“Price” means all sums payable by you to us for the Goods;
“us”, “our” or “we” refers to the seller of Goods under a Contract which may be either MCG Trailers or any of its Associates as named or identified in any acceptance of your order; and
“you” or “your” means the customer buying the Goods from us.
2. OUR CONTRACT WITH YOU
2.1 These are the Conditions on which we supply Goods to you.
2.2 Please ensure you read these Conditions carefully and check the details of your Contract are complete and accurate before you sign the Contract. If you think there is a mistake, please contact us to discuss. Where you do not sign the Contract your order of goods shall constitute an offer to purchase the Goods in accordance with these Conditions. You are responsible for ensuring that the terms of your order and any applicable specification submitted by you are complete and accurate.
2.3 These Conditions will become binding on you and us when we either (i) issue you with a written acceptance of the Contract; or (ii) we deliver the Goods to you. The processing of your payment and acknowledgement of your order does not constitute acceptance of your order.
2.4 This is not a sale by sample. Any showroom models, samples, drawings, descriptive matter or advertising shown to you or produced by us and any descriptions or illustrations contained on our website or in our catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Goods referred to in them. They shall not form part of the Contract nor have any contractual force.
2.5 It is always possible that despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices as part of our despatch procedures so that, where the Goods’ correct price is less than our stated price, we will charge you the lower amount when dispatching the Goods to you. If the Goods’ correct price is higher than the price stated on our website or in our catalogue or brochure we will contact you to tell you and ask for your instructions. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing we do not have to provide the Goods to you at the incorrect (lower) price.
2.6 If you request amendments to the Goods (“Bespoke Goods”) we will make the amendments according to the instructions You give Us. We cannot accept the return of Bespoke Goods if the reason for return is because You provided Us with incorrect amendments. This will not affect your legal rights as a consumer in relation to Bespoke Goods that are faulty or not as described.
2.7 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to our address set out at the start of these conditions. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to us in the order.
3. SECOND-HAND GOODS
In relation to second-hand or used Goods which we sell to you such Goods are sold “as seen”. We make no representations and give no warranties as to the quality, condition, state or description of the Goods, or their fitness or suitability for any purpose. All implied statutory or common law terms, conditions and warranties as to the Goods are excluded to the fullest extent permitted by law. Upon request we will permit you to inspect the Goods for the purpose of assessing whether they are of satisfactory quality or not, you will be deemed to have carried out a reasonable examination of them before the Contract is made, whether or not you have actually taken the opportunity to do so.
4.1 In the case of contracts made by telephone, mail order, email, facsimile or on the internet you may cancel the Contract by giving us notice in writing at any time on or before the expiry of fourteen days from the day after the date of delivery by us or collection by you of the Goods. Where you exercise this right of cancellation you must promptly return the Goods to us and pay the cost of doing so. Pending your return of the Goods to us, you must take reasonable care of the Goods and retain possession of them.
4.2 If you cancel your Contract pursuant to clause 4.1 we will refund you the price you paid for the Goods. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in an unreasonable way or in a way which would not be permitted in a showroom. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
4.3 We may have to cancel a Contract before the Goods are delivered, due to an Event Outside Our Control or the unavailable of stock. If this happens:
(a) we will promptly contact you to let you know;
(b) If you have made any payment in advance for Goods that have not been delivered we will refund those amounts to you.
5. PRICE AND PAYMENT
5.1 The Price is exclusive of VAT which is payable by you in addition to the Price
5.2 If you pay by credit or debit card we are entitled to charge an additional amount which is limited to the additional charges we will incur.
5.3 Except where payment is made by you at the time of entering into a Contract, you will pay us for the Goods in accordance with any terms we have notified to you before the Contract is made. If we have not provided you with any such notification, the Price will be payable on Delivery.
5.4 Either you or we (as appropriate) will have the right to charge the other interest on any overdue amounts from the date payment falls due until the day immediately prior to the date payment is made (whether before or after judgment) at the rate of 8% above the Bank of England base rate from time to time. Such interest will accrue on a daily basis and be compounded annually.
5.5 If you fail to pay the Price on the date on which payment becomes due we will be entitled (without prejudice to any other right or remedy we may have) to suspend any further Delivery to you under the same or any other Contract until actual payment is made in full.
6. DELIVERY AND RISK
6.1 If we deliver the Goods to you we will charge you for the cost of delivery in addition to the Price and in accordance with our published terms for such costs in force at the time the Contract is made. The costs of delivery will be as told to you during the order process.
6.2 We will use our reasonable endeavours to Deliver the Goods on the date agreed between you and us or, if no date is agreed, within a reasonable time. However, our obligation to deliver the Goods to you is suspended for such period of time during which we are prevented, hindered or delayed in doing so due to unforeseen events or circumstances beyond our reasonable control. When we are no longer prevented, hindered or delayed in making Delivery of any Goods to you then we will Deliver them to you as soon as reasonably possible.
6.3 If we delay Delivery of any Goods (either due to our fault or where our obligation to Deliver is suspended) for a period of 30 days or more then you are entitled by written notice to cancel the Contract in respect of those Goods affected by the delay. However, you may not cancel in respect of any Goods which we Deliver prior to your sending us such notice.
6.4 If the Contract requires you to collect the Goods, the risk of loss or damage to them passes to you on collection. If the Contract requires us to deliver the Goods to you, risk passes to you on handover of the Goods at the agreed delivery address.
7. EVENTS OUTSIDE OUR CONTROL
7.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Conditions that is caused by an Event Outside Our Control.
7.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
7.3 If an Event Outside Our Control takes place that affects the performance of our obligations under these Conditions:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under these Conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
7.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the Goods.
8. IF THE GOODS ARE FAULTY
8.1 As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
8.2 We warrant that on delivery and for a period of 12 months from delivery, the Goods shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 8.3.
8.3 This warranty does not apply to any defect in the Goods arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident;
(c) negligence by you or by any third party;
(d) if you fail to operate or use the Goods in accordance with the user instructions;
(e) any alteration or repair by you or by a third party who is not one of our authorised repairers; and
(f) any specification provided by you.
8.4 This warranty is in addition to, and does not affect, your legal rights in relation to the Goods that are faulty or not as described.
8.5 During the warranty period we will (at our option) do any of the following: refund all or any of the Price, repair or replace the Goods or any part of them (or procure such repair or replacement) to the extent that the Goods or part do not comply with the Contract as at the date of Delivery.
8.6 To take advantage of the Warranty you or any subsequent owner of the Goods in question must notify us at the address shown in the invoice promptly and in any event within twenty-eight (28) days of the relevant problem being discovered and permit us to inspect the Goods. If we do not receive notice of the problem within this timeframe then we will have no obligations under the warranty in respect of that problem.
8.7 Following notification of such problem we will use our reasonable efforts to inspect and/or repair and/or replace the relevant Goods or part within a reasonable time. If you arrange for a third party to carry out any repairs or work (subject to the exception just mentioned) then we will have no further obligations to repair or replace in respect of the applicable problem under this Warranty unless you have informed us in advance and we have consented to the work being done.
9. OWNERSHIP OF GOODS
Ownership of and title to the Goods passes to you only when we receive payment in full in cleared funds of the Price together with any VAT, delivery and other charges under the Contract.
10. NOTIFICATION OF PROBLEMS
If any of the Goods are faulty or damaged then you must notify us as soon as practicable after the fault or damage is discovered. Your notice must describe the fault or damage in question.
11. LIMITATION OF LIABILITY
11.1 We will not be liable for any loss or damage caused by any breach of the Contract by us except to the extent that such loss or damage is a reasonably foreseeable consequence of the breach. What is foreseeable is determined at the time the Contract is entered into. However, this limitation on our liability does not apply to personal injury or death caused by our negligence or to fraudulent representations, acts or omissions.
11.2 We are supplying the Goods on the basis that they are for domestic and private use only and will not be used for any commercial, business or re-sale purpose; as such, we shall have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
11.3 We do not exclude or limit in any way our liability for:
(a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act (title and quiet possession);
(d) breach of the terms implied by sections 13,14 and 15 of the Sale of Goods Act (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act.
12. THIRD PARTY RIGHTS
No term of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act by any person that is not a party to the Contract.
The Contract will be governed by and construed in accordance with the laws of England and you and we submit to the non-exclusive jurisdiction of the English courts.