Terms & conditions
The following terms and conditions govern your use of the Cit-e-Motion services and the materials available therein (“Materials”):
Should the Buyer wish to cancel the contract between them and the seller Cit-e-Motion the Buyer should put this in writing giving 1 months notice that they wish to terminate the services.
The following words shall mean:
- Buyer: Buyer
- Conditions: the terms and conditions set out in this document
- Contract: any contract between the Buyer and Cit-e-Motion for the sale and purchase of the Goods.
- Delivery Point: the place at which the Buyer collects the Goods
- Goods: the goods that the Buyer agrees to purchase from Cit-e-Motion
- Price: the price for the goods excluding carriage, packing and insurance shall be the price set out in the Cit-e-Motion’s current price list at the date on which an order is made
- Seller: Cit-e-Motion or address of Cit-e-Motion
- Working Day: Monday to Friday excluding bank and other public holidays
Application of Terms
- The Contract shall be on these Conditions to the exclusion of any other terms and conditions.
- Any order for Goods from the Buyer shall be deemed to be an offer to purchase the Goods subject to these Conditions.
- No terms or conditions endorsed upon, delivered with or contained in any Seller’s/Sellers’ purchase order, confirmation of order, specification or other document shall form part of the Contract. The Conditions shall not be varied unless any agreement to vary is recorded in writing and signed by the Seller and Buyer.
- No order placed by the Buyer will be accepted by the Seller until he/she/it/they have/has sent to the Buyer acknowledgement and acceptance of the order. Upon the Seller sending the acknowledgement and acceptance of the order, the Seller and the Buyer will have a binding contract between them.
- The Buyer warrants that all the details in the order are complete and accurate.
- The Conditions shall apply to the sale of all Goods. Save as has been specifically provided for in the Conditions, any representations relating to the Goods shall not be effective unless expressly agreed in writing and signed by both the Seller and the Buyer.
- The Buyer acknowledges that they have entered into the Contract as a result of their inspection or knowledge of the Goods and not in reliance upon any description given by the Seller.
- All drawings, descriptive matter, specifications and advertising issued by the Seller are issued or published for the sole purpose of giving an approximate idea of the Goods described in them and shall not form part of the Contract.
Collection of the Goods
- Unless otherwise agreed in writing by the Seller, he/she/it/they shall make the Goods available for collection at place.
- The Buyer shall collect the Goods within Working Days of the Seller giving notice to the Buyer that the Goods are ready to be collected.
- Any date specified by the Seller for collection of the Goods is intended to be an estimate and time for collection is not and shall not be made of the essence of the contract. If no date is so specified, delivery shall be within a reasonable time.
- The Seller shall not be liable for any loss (including any loss of profit), costs, damages, charges or expenses caused directly or indirectly by any delay in making the Goods (even if caused by his/her/its/their negligence).
- If the Seller fails to make the Goods available for collection by any estimated date for collection or if no estimated date for collection is given, within a reasonable time, the Buyer may terminate or rescind the Contract upon giving notice to Seller for delivery days notice.
Title and Risk
- Title and ownership to the Goods shall not pass from the Seller to the Buyer until the Seller has received the Price in full together with all other sums payable by the Buyer to the Seller.
- Until title and ownership in the Goods has passed, the Buyer shall hold the Goods and each of them as bailey on behalf of the Seller and on a fiduciary basis retain the Goods separate from his/her/its/their other merchandise and possessions; and keep the Goods identifiably separate.
- The Goods shall be at the risk of the Seller up until he/she/it/they give/gives notice that the Goods are available for collection and thereafter they shall be at the risk of the Buyer.
- All invoices are payable without discount of any kind in sterling within 30 days of the date of the invoice and in no circumstances may the Buyer make any deduction or withhold payment for any reason at all.
- If the Buyer fails to pay the invoice by the due date and without prejudice to any rights of the Seller, the Buyer shall:
- forfeit any discount given in that invoice or in any other way agreed; and
- pay interest on any overdue amount from the date on which payment was due to the date of actual payment (whether before or after judgment) on a daily basis at a rate of 1% Interest over the base from the time quoted by the Bank and reimburse to the Seller all costs and expenses (including legal costs) incurred in the collection of any overdue amount.
- The Buyer shall make all payments due under the Contract without any deduction whether by way of set-off, counterclaim, abatement or otherwise unless he/she/it/they has/have a valid court order requiring an amount equal to such deduction to be paid.
- Until the Seller is in possession of cleared funds, the Buyer shall not be deemed to have made a payment.
- If the Buyer does not make payments as required, the Seller may terminate the Contract.
- If the Seller is not the manufacturer of the Goods, he/she/it/they shall transfer the benefit of any warranty or guarantee that he/she/it/they have/has been given.
- The Buyer accepts that he/she/it/they buys or is deemed to buy the Goods as seen and in the condition they are at the time the order is placed.
- The Seller warrants that the Goods shall be:
- of satisfactory quality within the meaning of the ; and
- reasonably fit for their purpose.
- If any of the Goods do not conform with the warranty in condition. the Seller shall collect the Goods and may:
- carry out repairs to the Goods;
- replace the Goods or any defective part; or
- refund the price of such Goods.
- The Seller shall deliver any repaired or replacement Goods to the Buyer’s premises.The Seller’s liability for breach of warranty as set out in clause 8 shall be limited to complying with condition and shall not have further liability.
- Cit-e-Motion represents and warrants that it has the right and authority to make the available pursuant to these General Terms and Conditions.
- All services and materials are provided on an “As Is”, “As Available” basis and Cit-e-Motion and each third party supplier of materials expressly disclaim all warranties, including the warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
- The Seller shall not have any liability to the Buyer for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the Contract or any negligence, breach of statutory or other duty on the part of the Seller or in any other way out of or in connection with the performance or purported performance of or failure to perform the contract except:
- for death or personal injury resulting from the Seller’s negligence; and
- as expressly stated in these conditions.
- The Seller shall not be liable for any defect arising from any design or specification provided or made by the Seller or if any adjustments, alterations or other work has been done to the Goods by any person except the Seller or his/her/its/their authorized agent.
- The Seller shall not be liable where any Goods are lost or damaged in transit. All claims by the Buyer shall be made against the carrier.
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