Terms & Conditions
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TERMS AND CONDITIONS OF SALE
1. Definitions. ‘AMP’ shall mean A M Phillip Limited or any subsidiary company of A M Phillip Limited ‘MANUFACTURER’ shall mean either Iveco Ford truck limited Ford Motor Co limited Fiat professional or any other company whose goods services are sold under this contract. ‘CUSTOMER’ shall mean the person firm or company to whom any quotation is addressed or with whom any contract is made ‘GOODS’ shall mean not only any trucks or vans but any equipment articles or things or any part thereof and shall include any services provided by AMP.
2. General Conditions. These terms and conditions apply to all contracts entered into by AMP. All goods are supplied to intending customers on the following terms which supersede any previous conditions applicable to previous dealings between AMP and any customer and/or advice which may have been previously given to the customer by any AMP staff or representatives. The terms and conditions contained herein and shall be the entire contract terms subject to which or quotations are given, and all contracts made by AMP. All terms and conditions referred to by the customer or contained in any order or acceptance of quotation or otherwise brought to the notice of AMP are hereby excluded unless otherwise specifically agreed in writing by AMP before delivery of the goods.
3. Payments. Goods must be paid in full prior to delivery unless otherwise specifically agreed in writing by AMP. Payment to be made at Muiryfaulds, Forfar Angus DD8 1XP. Any deposit referred to in ‘Schedule B’ having been paid upon placing off this order by balance payable hereunder is to be paid prior to the delivery. Payment shall be made in cash unless AMP agrees otherwise in any case where the goods are being paid for by a finance company, such payment from the finance company along with any deposit to be paid direct from the customer to AMP shall be made prior to delivery.
4. Property. Goods ordered under this contract will remain the property of AMP until the price noted in ‘Schedule A’ has been paid. Until property passes to the customer in accordance with this clause, the customer shall comprehensively insure and store the goods in such a way that they are distinct from other goods belonging to the customer or third parties. A cheque given by the customer in payment shall not be treated as a discharge until the same has been cleared and the allowance relating to any goods agreed to be taken in part exchange shall not be taken as discharge unless legal title is vested in the customer or a finance companies interest therein and is fully disclosed in ‘Schedule B’.
5. Delivery. Delivery is to be taken at any branch of AMP unless otherwise agreed in writing. Such delivery is to be taken within 10 days of notice to the customer that the goods are ready for delivery.
6. Delay in Delivery. (a) AMP will use its best endeavours to secure delivery of the goods to the desired delivery date or dates but shall be under no liability whatsoever for any damages or any claim of any kind as a result of loss suffered by that customer and caused or contributed to by delay in delivery, non-delivery, short delivery or otherwise arising out of any cause beyond the control of AMP and this contract shall be subject to any conditions which the manufacturer may from time to time attach to the supply of the goods to AMP. (b) Should the goods not be delivered within three months of the desired delivery date or dates, AMP may at its discretion allow the customer to cancel this contract and thereupon any deposit paid hereunder shall be returnable in full however, based upon uniqueness personalisation or complexity of any goods AMP at sole discretion, reserves the right not to allow cancellation of certain contracts.
7. Forfeiture of Deposit. If the customer shall fail to take delivery and pay for their goods within 10 days or as in aforesaid AMP shall be at liberty to treat the contract as repudiated by the customer and retain their said deposit or part thereof without prejudice to AMP’s right to recover from the customer by way of damages any loss or expense which AMP may suffer by reason of the customers default and AMP shall be entitled to dispose of the goods as it shall thank fit and shall not be under any liability to account to the customer for that price received thereof or for the said deposit.
8. Price Change. (a) if the date of this contract and before delivery to the customer there shall be a reduction in any manufacturers recommended price or prices for the goods or part thereof exclusive of any appropriate taxes, their price stated in ‘Schedule A’ shall be substituted with such reduced price not exceeding the manufacturers reduced recommended price (b) if after that date of this contract and before delivery to the customer there shall be an increase in any manufacturers recommended price for prices for the goods or part thereof (exclusive of any appropriate taxes) then AMP shall give notice of any increase in the price stated in ‘Schedule A’. In this event AMP may at its discretion allow the customer to cancel their contract by counter notice in writing however, based upon the uniqueness personalisation or complexity of any goods, AMP at its sole discretion reserves the right not to allow cancellation of any contracts.
9. Changes to Specification. If AMP shall be unable to supply the goods of the model or specification as detailed in ‘Schedule A’ by reason of the manufacturer all manufacturers ceasing after the date of this contract to produce or accept orders for such model or specification, notice shall be given in writing to the customer whereupon AMP shall have the right to amend ‘Schedule A' by substituting in place of the model and price therein specified another model then currently produced by the manufacturer at such price not exceeding the manufacturers then current recommended price of such model. After such notice to the customer and depending on the extent and commitment to which AMP has carried out its obligations under this contract, AMP may at its sole discretion allow that customer to cancel the contract. Such cancellation to be made by counter notice in writing to AMP within seven days of the original notice. No variation by the manufacturer or manufacturers in the model or specification of the goods supplied in ’Schedule A’ shall invalidate this contract or impose on AMP any liability whatsoever except insofar as such variation effects in description of the goods for the purpose under Section 13 of Sale of Goods Act (1979).
10 Trading In. Where amp agrees to allow part of the price of the goods to be met by part exchange, the part exchange goods shall be delivered and accepted by AMP on the following conditions: (a) that after examination by AMP shall be delivered in the same condition as when so examined fair wear and tear accepted. (b) that where the exchange goods are part of the fair payment, AMP shall be entitled to make any such payment to the finance company as well as well with the consent of that Company finally discharge such agreement and the allowance shall be reduced by the amounts paid. (c) that if this contract shall be cancelled for any reason, the exchange goods have been delivered to AMP and AMP shall have sold the same, the customer shall (as the case may be) be entitled to the profit or bear the loss on such sale after due allowance for AMP’s reasonable handling expenses. (d) that if the customer arranges for the goods to be bought by a finance company AMP will buy the exchange goods at a price equal to agreed allowance (subject to (a), (b) & (c) above) and any deposit paid hereunder will be reduced from the balance due from the finance company.
11. Changes and Values of Exchange Goods. If between that date of the contract and the date of delivery of the goods to the customer there shall be any significant changes in the value of the exchange goods by reason of: (a) a changed in the market price of new goods or (b) each change in the rate of any relevant taxes or (c) each change and statutory provisions regarding hire purchase credit sale conditional sale or any financial measures enacted or denounced by HM Government then the agreed allowances as stated in ‘Schedule B’ shall not be binding on either party and AMP shall not be bound to purchase and the customer shall not be bound to sell the exchange goods identified therein unless a revised allowance thereof shall be agreed. In the event of any changes to schedule be the customer will have no right to cancel their contract amp and at its sole discretion may however allow such cancellation
12. Tax Changes. If after the date of this contract and before delivery to the customer there shall be: (a) change or changes and the amount of any tax is payable in respect of the goods or the sale thereof or (b) change in the amount of any vehicle excise licence then the schedule is shall be amended by the amount of such change
13. Risk. The risk of damage to or loss or destruction of the goods shall pass to the customer on delivery of the goods to the customer. The customer shall indemnify AMP in respect of any loss or damage to any goods which are the property of AMP in the possession of the customer, but such indemnity shall not exceed the total indebtedness of the customer to AMP.
14. Limitation of Liability. (a) in the event of any goods sold or agreed to be sold by AMP not complying with the express terms of the contract AMP will at its sole discretion replace the defective goods or render such services as the case may be free of charge to the customer or alternatively will refund all payments made by AMP by the customer in respect of such goods or services save as aforesaid and (save in respect of death or personal injury resulting from any negligence of AMP or its servants) AMP shall not be a liable for any claim or claims for direct or indirect consequential injury loss or damage made by the customer against AMP (whether in contract or in delict including any negligence on the part of AMP or its servants) arising out of or in connection with any defect in goods or any act, emission, neglect or default (whether or not the same constitutes a fundamental breach of these terms or a bridge of a fundamental terms thereof) of AMP or its servants in the performance of these terms. (b) where advice is given by AMP or its representatives or servants as to the appropriateness of any goods for any particular purpose such advice as given in good faith, the customer shall recognise that AMP cannot guarantee that action taken by the customer falling upon receipt of such advice will have the result intended or that application of any advice well be completely affected accordingly AMP will not be liable for any loss, injury or damage suffered by their customer as a result of any such advice given except in respect of death or personal injury. (c) instructions on use application and operation of the goods will normally be given as handbooks or instruction operation manuals supplied by the manufacturer or manufacturers at that time of delivery. AMP will make every effort to describe use application or operation of the goods but if such description combines with any handbooks or instruction operating manuals as deemed by their customer to be insufficient, then it shall be their customers responsibility to ask AMP for further detail that customer shall further accept that certain goods whether due to reasons for simplicity or otherwise are supplied without handbooks or instruction operating manuals. Design and Patents The customer shall indemnify AMP from all claims, demands, damages, penalties, costs, expenses and all liability in respect of the infringement of any patent design, registered design, copyright or other industrial property right or breach of confidence (not being a breach of confidence by AMP) resulting from or arising in the performance of any contract AMP does not warrant the supply or the use of goods in the United Kingdom or elsewhere is not an infringement of the rights of third parties an industrial property.
15. Outwith Control. l AMP shall not be liable for any loss or damage caused by non-performance or delay in performance of any of its obligations under this contract where the delay or non-performance is due to any cause beyond amps control and such event amp show not at so discretion allow the customer to cancel their contract. In this event, the customer accepts that AMP shall have no liability for loss or damage thereby occasioned.
16. Used Vehicles. In their purchase of used vehicles or used goods of any kind, the customer shall accept that such goods will be delivered in the condition as agreed in the contract such conditions may be determined as: (a) Trade Sale: in this category the customer shall accept delivery of the goods in the condition exactly as seen at the time of contract. AMP does not want the goods in any way and is under no liability for loss damage or claims of any kind and performance in this contract. On collection of such goods from AMP it shall remain the customer's responsibility to ensure that only vehicles which are fully roadworthy, hold a current Department of Transport test certificate, hold a valid and current road tax and is insured as appropriate are driven on public roads otherwise the goods shall be uplifted by suitable transport. (b) Retail Sale: in this category, the customer shall accept that on delivery apart from carrying out work or refurbishment specifically as agreed at the time of the contract, the goods will be delivered in the condition as seen at the time of contract. The customer shall recognise that the purchases is of used goods and as such will have been subject to previous use and where if at the time of contract, agreement is made to carry out a service such service shall not include any work beyond the scope of a basic service on engine and running gear plus a road-worthiness check. The customer shall accept that this would not include checking repair replacement or adjustment of any item or items which are not related to the driveline of the vehicle in any item or items not under the scope of a Department of Transport test or safety inspection. In the sale of used vehicles, AMP will complete the declaration in ‘Schedule A’ and will make its best efforts to ensure that this as accurate. AMP shall not however, be liable for any loss damages or claim of any kind should the information and such declaration subsequently proved to be an error.
17. Assurance of New Goods. Most new goods are supplied with warranty in accordance with the respective manufacturers terms and conditions. Details of such warranties will be given at the time of delivery and it shall be the customers responsibility to ensure that such warranty is fully understood. Some new goods due to simplicity or otherwise are supplied to AMP and subsequently supplied to the customer without written warranty details. These goods will be deemed to have six months warranty from date of delivery this warranty is defined as follows: (a) subject to the conditions noted in (c) & (d) below during the period of warranty, AMP will arrange repair or replacement of any part or parts of the goods which become defective due to faulty manufacture or materials. (b) save as (a) above AMP shall have no other liability in respect of such warranty. (c) that goods must not have been neglected misused modified or used in racing rallying or competition. (d) any vehicle equipment or goods must not have been subject to loading and access of respective allowable plating weights or safe working loads. Certain new goods are supplied with proprietary extended warranties. A description of such warranty will be given at the time of delivery but at shall remain the customers responsibility to ensure that the terms conditions and operation of the warranty is fully understood. If this is not fully understood, then it shall remain their customers responsibility to ask AMP for further details or clarification.
18. Assurance of Goods. The type and period of warranty will be stated in ‘Schedule A’ of the contract. Used goods of category as described in (a) above shall have no warranty of any kind. Used goods of category as described in (b) shall have warranty of period indicated in ‘Schedule B” and be either of the following types (a) Proprietary Used Vehicle Warranty Different underwriting companies are used according to their age mileage and vehicle make. Details of the warranty given with the vehicle are described at the time of contract and the customer shall accept that these warranties are subject to a separate contract with the underwriting company involved. The customer also agrees to be bound by the terms and conditions of the particular used vehicle warranty and accepts that AMP shall have no liability beyond the scope of such warranty. (b) A M Phillip Used Vehicle Warranty Certain vehicles outside the qualifying criteria for proprietary used vehicle warranties shall have an A M Philip Used Vehicle Warranty. Details of the warranty is given at the time of contract and is also fully described in the A M Phillip used vehicle warranty policy. Copy of which is available on request. if the terms and conditions of these warranties are not fully understood at the time of the contract then it remains the customers responsibility to ask amp for further details or clarification.
19. Resales. The customer undertakes that in the case of new goods he is ordering same for his own use and that he will not resell them as new goods in the course of any business carried out by him.
20. Waiver. Any failure by AMP to enforce any of the rights under the contract shall not be taken at a waiver of any AMP’s rights hereunder and AMP shall not be deemed to have acquiesced and removal of any right or condition by non-enforcement
21. Set Off. AMP reserves the right to set off against any amount due from it to the customer by any debt which might be due from the customer to AMP.
22. Termination. If the customer commits a breach of any of its obligations hereunder or becomes insolvent to the extent of notur bankruptcy or, if any incorporated company has a receiver or liquidator appointed for any of its property or business undertakings or announces that it is ceasing to trade 9other than for declared legitimate reasons such as retirement whilst continuing to honour existing contracts) and fails to make payments as due, suspends payment or notifies any of its creditors that it is unable to meet its debts, or that it is about to suspend payment of its debts or convenes , calls or holds a meeting of creditors or is adjudged bankrupt or signs a trust deed for behoof of its creditors or being a body corporate, cause or holds in meeting for the purpose of going into liquidation (other than for purposes of reconstruction or amalgamation) by the making of an order or the passing of a resolution for winding up or if the customer is a partnership and any of the aforesaid events occurring with respect to the partnership or to any partner therein, then this contract shall forthwith be determinable at the option of AMP but without prejudice to any rights of AMP accrued prior to such determination.
23. Customers Right’s. AMP does not derogate from or exclude any of the contractual rights of the customer whether that under the Sale of Goods Act 1893, Sale of Goods Act 1979 or art common law.
24. Law. The construction, validity and performance of this contract and of all matters pertaining thereto shall be governed in all aspects by the Law of Scotland.
25. Notices. Any notice or notices given in respect of this contract may be served personally or be left at the last known address or residence or place of business or it may be sent by post or email to the last known address or residence or place of business by post or email and shall be deemed to have been received twenty-four hours 24 after the date of posting thereof.
TERMS AND CONDITIONS OF RENTAL
1. Parties. The Agreement between:
A. A M Philip Limited as a vehicle and equipment rental company with its Registered Office at Muiryfaulds Forfar Angus DD81XP
B. Herein called the Lessee.
2. Background. Subject to the terms of the agreement between adhered to and subject to availability the Lessor wishes to lease and the Lessee to take on lease from time to time any vehicles, trailers and auxiliary equipment here n thereafter referred to as ‘Equipment’ and two this end, the Parties have agreed as follows
3. Matters Agreed. a) The Equipment taken on lease will be noted on the Lessor's equipment contract and a copy of which is attached here and referred to as contract. b) The Lessee shall ensure that each person (herein called the Lessees Agent) collecting or returning the Equipment as defined in Clause 4 below as duly authorised to sign the contract on its behalf. c) There shall be no obligation on the Lessor to satisfy itself that the Lessee agent is duly authorised to bind the Lease by his signature on the form. d) The Lessee hereby undertakes to ratify the agreement evidenced by the signature of the Lessees Agent on each and every contract. Conditions of Leasing In respect of each Contract signed by the Lessees Agent the following conditions shall apply:
4. Equipment. The term ‘Equipment’ shall mean the Equipment described on the Contract and shall be deemed to include all ancillary Equipment supplied herewith.
5. Returning the Equipment. The Lessee shall return the Equipment to the Lessors Depot on the last day of the minimum lease specified on the Contract during the Lessors normal hours of business. If the Lessee fails to return the Equipment or any part of it when then without prejudice to the Lessors right to repossess the Equipment, the Lessee shall be deemed to continue until such time as the Lessee returns to the Lessor or the Lessor repossess the Equipment. Acceptance of returned Equipment or repossession of Equipment by the Lessor shall be without prejudice to its right in respect of breach of the conditions of leasing. The Lessee shall pay the Lessor all costs charges and expenses incurred if the Lessor has to collect the Equipment from any place other than the Lessors Depot stated on the contract.
6. Termination of Rental. Where the Equipment has been on lease for less than one month the Lessee must give the lesser 7 days-notice in writing of termination of rental. Where the equipment has been on lease for more than one calendar month, the Lessee must give the lesser 14 days-notice in writing of termination of rental.
7. Care of Equipment. Care shall be the responsibility of the Lessee who agrees by collecting the Equipment but its condition as to his entire satisfaction and he shall return it to the Lessor's Depot in like condition (fair wear and tear excepted).
8. Maintenance of Equipment. Maintenance in accordance with the makers specifications and the Lessors current practise notified to the Lessee from time to time as the responsibility of the Lessee. The Lessee shall ensure that all MOT testing and replacement tyres shall be carried out by or obtained from the lessor unless otherwise authorised in writing.
9. Damage. Where the Equipment is returned or repossessed in a damaged condition (fair wear and tear excepted), the Lessee shall be deemed to continue until the Equipment is in a condition consistent with the Lessees responsibility herein. Damage caused to tyres will be charged to the Lessee at manufacturers current Retail Prices less allowed for fair wear and tear.
10. Use of Equipment. a) The lessee shall not use the Equipment to permit its use in any manner infringing any statute, regulation or order relating to the driving and or use of motor vehicles or wherever in relation to the carriage of goods or otherwise so as to cause danger to the public or to persons in the vehicle or risk damage to the equipment. b) The Lessee shall not use the Equipment for the carriage of loads in excess of the plated weight of the Equipment and all loads carriage shall be evenly distributed over the centre floor of the Equipment. c) The Lessee shall ensure that the Equipment is used in a careful and proper manner and ensure that all requirements of any relevant law including subsidiary or de facto rules however effective in any country or supranational body are complied with. d) The Lessee shall restrict use of the Equipment to the United Kingdom unless otherwise authorised in writing by the Lessor and clearly noted on the Rental Contract. e) The Lessee shall ensure that the Equipment is not used for any goods materials or produce which might render the Equipment unsuitable for the carrying of other merchandise. f) The Lessee shall ensure that motive units or trailers used with the equipment are suitable and properly equipped for that purpose. g) The Lessee shall ensure that save for insofar as possession of the Equipment is granted by the Lease the Equipment shall remain the unencumbered property of the Lesser. h) The Lessee during the continuance of the Rental will not sell or offer for sale, sign, mortgage, pledge, underlaid, lend or otherwise deal with the Equipment or any part thereof but will keep the equipment and his own possession.
11. Inspection by the Lessor. The Lessee shall allow the Lessor access to the Equipment at all reasonable times to inspect test adjust and repair the Equipment.
12. Breakdown or Accident. The Lessee shall notify the Lessor of any breakdown or accident to the Equipment by telephone as soon as possible and shall confirm full details of the accident or breakdown in writing within 48 hours of the event.
13. Repairs and Adjustments. The Lessee shall not repair or attempt to repair any damage to the Equipment nor make any alterations to it unless authorised to do so by the Lessor in writing.
14. Rent. a) Rent and running charges are set out on the front of the Contract. b) The period in respect of which Rent is payable includes the day the Lessee commences and the day the Equipment is returned in accordance with the Clause 5 of these conditions, or the date by which any repairs to the Equipment or damage suffered during the period of Lease have been completed by the Lessor or its Agent, whichever shall be the longer. c) Value Added Tax is not included in the Rental charge quoted in the Contract and will be included separately on invoices. d) A prepayment equivalent to two months rental shall be paid by the Lessee prior to the Equipment being collected. At the commencement of rental an invoice shall be raised by the Lessor for the first month rental of the Equipment. This invoice and all subsequent invoices are payable by the Lessee to the lessor within 28 days of. Upon termination of rental any amounts owing will be deducted from the down payment and any balance refunded to the Lessee. e) When the Lease signs his acknowledgement to a Minimum Agreed Rental Period as defined on the Contract the minimum charge shall be that applicable to this period regardless of the early return of the Equipment.
15. Rental Charge and Other Payments. In addition to the rental charge that Lessee shall pay to the Lesser (a) all fines and court costs for parking traffic or other offences incurred in relation to the equipment by the lessee or the lesser during the period of rental. (b) the Lessor's costs and expenses (including reasonable legal fees) and court collecting payments due from the Lessee hereunder. All payments due hereunder shall be paid by the lessee to the lessor within 10 days of the date of the relevant invoice. Interest at the rate of 4% p.a. over the Finance House Base Rate shall be paid on all sums remaining due to the Lessor after the expiration of such period of 10 days from the date of the relevant invoice to the date of the payment.
16. Identification Marks. The Lessee shall not remove, obliterate or abuse any identification marks on the Equipment without the consent in writing of the Lessor.
17. Insurance. a) The Lessee shall ensure that the Equipment is insured to the full insurable value including total loss thereof and including insurance against six months loss over until calculated in accordance with Clause 5 of these conditions and including all Third-Party liability. b) The Lessee must provide proof of comprehensive insurance and provide one copy to be retained at the Lessor Registered Office.
18. Total Loss. In the event of total loss of the Equipment or any part thereof the damage payable shall be the current market value of the Equipment.
19. Taxes. The Lessee shall keep the Equipment free and clear of all liens and encumbrances and shall pay all licence fees, registration fees, assessment charges and taxes which may now or hereafter be imposed upon the ownership's leasing, rental, sole possession or use of equipment excluding any taxes on or assessed by reference to the profits of the Lessor.
20. Set Off. The Lessee hereby waives any and all existing and future claims and sets off against any incumbent instalment of rent or other payment due or to be become due hereunder and agrees to pay their rents and other assessments hereunder regardless of the equity set off or counterclaim on the part of the Lessee against the lessor.
21. Rate of Exchange. Where the parties agree that amounts due hereunder shall be quantified in a currency other than that in which they are to be paid than unless otherwise agreed the rate of exchange shall be that prevailing on the London Money Market at the date the relevant amount is payable.
22. Right to Possession. The Lessor shall be entitled to repossess the equipment in the event of any breach by the Lessee of these Conditions or if the Lessee commits any act of bankruptcy or (being a company), shall enter into liquidation or if any distress or execution is levied upon any property of the Lessee.
23. Indemnity. a) The Lessee accepts responsibility for and will indemnify the Lessor against all claims, actions, writs, proceedings, costs, expenses, damages and liabilities arising in respect of the Equipment or the use thereof. b) The Lessee shall at the request and cost of the Lesser do and concur in doing and permit to be done in his name or by has appointed Agents all such acts and things as may be necessary or reasonably required by the Lessor for the purpose of enforcing any rights or remedies or of obtaining relief or indemnity from other parties in respect of any loss or damage or to or in connection with Equipment during the period of rent and the Lessor show account to the Lessee for any sums recovered by the Lessor and due to the Lessee for such other parties under the clause after setting off any liability of the Lessee to the Lessor.
24. Goods. That Lessor shall not be liable for loss of or damage to any goods common materials or produce left stored or transported by the lessee or any other person and or upon the Equipment during or after the period of rent. The lessee here by irrevocably authorises the Lessor to dispose of any such property and will hold the Lessor harmless from and indemnify the Lessor's Agent against all claims based upon or arising out of such loss, damage or disposition.
25. Law. These conditions shall be governed by the Law of Scotland.
26. Signatories. In witness to this agreement of the parties should have hereunto signed this agreement at the date place and in the manner set out overleaf.