GENERAL
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Unless otherwise agreed in writing by Newton Trailers Ltd. (hereinafter referred to as 'the
Company) all orders are accepted subject to the following conditions.
All other conditions whatsoever are excluded from the Contract or any variation thereof.
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Price shown on the website are not binding on the Company and are only available for
acceptance for a maximum period of 14 days from the date viewed. The Company is not bound by
any order until it has issued an acknowledgement of the order.
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In these conditions the word 'goods' shall mean new body work, hydraulic tipping gears and
hydraulic machinery or parts thereof and all other items manufactured, serviced or supplied by the
Company.
PRICES
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All prices are quoted net ex-works and are subject to fluctuation in the event of any increase in
the cost of labour due to National Awards or increase in the costs of materials and overheads.
Any increase in such costs during the period of production will be added to the quoted price.
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In the event of any alteration being required by the buyer in design specification or quantities
the Company shall be entitled to make an adjustment of the Contract price corresponding to any
increased cost incurred by the Company as a result of such alteration.
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The cost of carriage and packaging if required by the buyer shall unless otherwise stated be
charged extra. The cost of packing cases will be credited to the buyer on their return to the
Company in good condition carriage paid within one month of despatch to the buyer.
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We have decided to arrange the website parts supply as a deferred payment contract. Our contract
to fulfill your order is not crystallized until the full process stated here is complete. This
means we have decided not to take your money when you enter and process your credit card transaction.
We will review your order after you have entered your credit card details and sent them as an order
to us. If we cannot fulfill your order we will contact you either by your telephone number or via
your email address. We will then void your payment transaction. The primary reason for this arrangement
is to give you a better service and not have you believe goods are available when they are not. There
is an explicit second reason. That being, should we have made a gross error of data inputting on our
website be it price (either higher or lower than stated), stock level or specification of goods then
we cannot complete the contract process and the transaction is deemed void.
DELIVERY
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Delivery shall be taken by the buyer within seven days of notification that the goods are
available. Where payment is not made and/ or where the buyer does not accept delivery
within seven days of notification the buyer shall pay interest on the total account from the date of
notification until the date of payment at the rate of two per cent per annum over Barclays Bank Plc.
base rate for the time being on a day to day basis with a minimum interest charge of five per
cent per annum.
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In addition to such interest as herein before charged the buyer shall be liable to the Company
for any loss or costs arising from non-payment non-acceptance of delivery and for a reasonable
charge by the Company for the care custody storage and insurance of the goods and the
Company shall be at liberty to sell the goods and retain all unpaid charges out of the proceeds of
sale but without prejudice to any claim the Company may have against the buyer in respect of any
loss so arising to the Company.
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Time for delivery is given as accurately as possible but is not guaranteed. The buyer shall have
no right to damages or to cancel the order for failure for any cause to meet the delivery time
stated. Date of delivery shall in every case be dependent upon receipt of final instructions and
approvals being obtained from the buyer.
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Subject as herein before provided the Company will endeavour to comply with reasonable
requests by the buyer for postponement of delivery but shall be under no obligation to do so.
Where postponement is agreed by the Company in writing the buyer shall pay all costs and
expenses including a reasonable charge for storage occasioned thereby. Times quoted for
delivery refer only to the date of completion of the goods at the Company's works.
RISK INSURANCE
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Risk shall pass to the buyer when the goods or the relevant part thereof the premises of the
Company for the delivery to the buyer not withstanding that the Company may be responsible for
delivery.
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Notwithstanding delivery and the passing of risk the title in the goods shall not pass to the
buyer until the buyer shall have paid in full all moneys owing under this or any other contract with
the Company.
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If the buyer shall be in breach of the terms of the contract then all moneys owed by the buyer to
the Company, whether under this Contract or otherwise, shall become immediately due and
payable and the buyer hereby grants to the Company or its agents an irrevocable licence to enter
upon the buyer's premises to recover and/or resell such goods as the Company may deem
necessary to recover all sums owing to it by the buyer together with any reasonable costs of the
Company so incurred.
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Until all moneys owing to the Company (whether under this contract or otherwise) have been
paid in full the goods shall remain the absolute property of the Company and the buyer shall hold
the goods in a fiduciary capacity as bailee, and shall keep the goods separate from those of the
buyer and third parties and properly stored, protected and insured and identified as the
Company's property, but shall be entitled to resell or use the goods in the ordinary course of its
business.
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If these terms are held to be invalid to reserve the Company's title to the goods delivered under
this contract by reason of the reservation of title until all goods delivered to the buyer by the
Company have been paid for then nevertheless ownership of the goods delivered under this
Contract shall remain with the Company until those goods themselves have been paid for.
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The buyer shall not be entitled to pledge or in any way charge by way of security for any
indebtedness any of the goods which remain the property of the Company but if the buyer does
so, all moneys owing by the buyer to the Company shall (without prejudice to any other right or
remedy of the Company) become immediately due and payable.
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In the event of the goods or any part thereof being constructed, erected or incorporated in any
part of the buyer's property or property belonging to a third party which is in the possession and
control of the buyer, then in the event of:
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The sale of such property the buyer shall hold that part of the proceeds of sale of the said
property as is attributable to the goods (or such part of the goods as are contained in or affixed to
the said property) on trust for the Company and will account to the Company for the part of the
said proceeds of sale as are attributable to the goods.
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The Company becoming entitled to repossess any goods by virtue of these conditions then
the Company may take such steps as reasonably necessary to remove from the said property the
goods which belong to the Company and the buyer shall be responsible for any damage to the
goods and/or the said property howsoever occasioned.
MOT'S
- Customers who book an MOT must appear on site at Ridgmont and have made themselves to the MOT reception 15 minutes prior to their test time.
- Failure to attend at the correct booked test time will mean that the customer agrees to being charged in full for the test as if they had attended as contracted. There will be no refunds for non attendance under any circumstances. It is totally up to the discretion of the VOSA and Newton staff should a vacant slot be available to allow the customer to remain on site at Ridgmont and be tested.
- In the event that a VOSA member of staff is not on site to carry out MOT inspections then Newton will refund the test fee to the customer. Newton Trailers Limited cannot be held liable for any consequential losses; such as travel time; loss of hours; loss of business caused by non attendance of VOSA staff. In effect this is force majeure.
- Should Newton not be able to test on a particular booked day Newton will endeavour (but not guarantee) to notify the customer of this date cancellation and refund in full the fees taken for that test.
- We are unable to test trailers/vehicles which carry dangerous goods at the time of the test.
CANCELLATION
Cancellation will only be agreed by the Company on condition that all costs and expenses
incurred by the Company up to the time of cancellation and all loss of profits and other loss or
damage resulting to the Company by reason of such cancellation will be reimbursed by the buyer
to the Company forthwith.
TERMS OF PAYMENT
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If the buyer shall make default in or commit breach of the Contract or of any of its obligations to
the Company or in case of non-payment or threatened non-payment of any instalment due under
the Contract or if any distress or execution shall be levied upon the buyer's property or assets or if
the buyer shall make an offer to make any arrangement or composition with creditors or commit
any act of bankruptcy or if any petition or receiving order in bankruptcy shall be presented or
made against him or if the buyer is a limited company and any resolution or petition to wind up
such company's business shall be passed or presented (otherwise than for reconstruction or
amalgamation) or if a receiver of such company's undertaking property or assets or any part
thereof shall be appointed the Company shall have the right forthwith to determine any Contract
then subsisting and upon written notice of such determination being posted by the Company to
the buyer's last known address any subsisting Contract shall be deemed to have been determined
without prejudice to any claim or right the Company might otherwise exercise.
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Goods may be returned for credit only at the discretion of the Company but will then be subject
to a handling charge.
DESIGN AND DATA
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Illustrations, weights, measures and performance schedules set out in the sales literature of the
Company including this website
are statements of opinion and are provided for information only and form no part of the
Contract.
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The Company reserves the right without notice and without affecting and validity of the Contract
to make such changes and / or improvement in materials, dimensions and design as it thinks
reasonable and desirable.
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It is an express condition of acceptance of an order that unless otherwise agreed goods sold by
the Company shall not be exhibited by the buyer nor shall he permit them to be exhibited at any
exhibition in the United Kingdom.
GUARANTEE
The following guarantee shall apply (and in this clause the term 'goods' is defined within the
limitations set out in sub-clause (6) hereof).
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Subject to the following provisions the Company guarantees that the goods have been
manufactured in a good and workmanlike manner to a reasonable standard and with materials
suitable for the purpose. This guarantee shall not apply if:
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the goods cease to be owned by and in the possession and control of the buyer.
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in the case of hydraulic tipping gears and body work a load has at any time been imposed in
excess of the chassis and tipping gear manufacturer's recommendations.
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the goods have without written consent of the Company been altered or repaired otherwise
than by the Company.
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any tipping gear has been fitted by any person other than in accordance with the Company's
current fitting instructions and drawings.
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designs other than the Company's own are used or work is done contrary to its standard
practice or against its advice.
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defects are aggravated by continued use after the defects ought reasonably to have been
discovered.
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if a body has been fitted which in the opinion of the Company is unsuitable.
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No condition is made or to be implied nor is any warranty given or to be implied as to the life or
wear of the goods or that they will be suitable for any particular purpose or for use under any
specific conditions notwithstanding that such purpose or condition may be known or made known
to the Company.
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Goods represented by the buyer to be defective shall not form the subject of any claim for work
done by the buyer or for any loss or damage or expense whatsoever arising directly or indirectly
from such defects but such goods if returned to the Company and accepted by it as defective will
at the request of the buyer and if practicable be replaced as originally ordered. Defects in quality
or dimensions in any delivery shall not be a ground for cancellation of the remainder of the order
or Contract.
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Guarantee Period: 12 months unless otherwise stated.
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This guarantee excludes every form of liability for every form of consequential loss or damage.
The Company will only be liable under this guarantee for the exchange or repair of any part or
parts which have proved to be defective as a result of faulty workmanship or materials and the
Company shall not be liable for any consequential loss or damage arising out of such defects.
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The Company will not be responsible for any expense which the buyer may incur in removing or
having removed or in replacing or having replaced any part or parts to be sent for inspection or in
fitting or having fitted any new part in lieu thereof and all labour expended on any such inspection
or any other work must be paid for by the buyer. The Company guarantees only those goods
which are bought direct from the Company or from a Company distributor or from a motor
manufacturer or bona fide motor trader or body builder (or in the case of hydraulic machine tools
from a bona fide machine tool dealer). In particular this guarantee does not apply to proprietary
articles not manufactured by the Company but the buyer may have the benefit of any guarantee
carried by such articles which is capable of assignment.
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This guarantee does not cover defects attributable to fair wear and tear, dirt, mis-use neglect or
accident.
LIABILITY
Except in respect of death or personal injury caused by the Company's negligence, the Company
shall not be liable for and the buyer shall indemnify the Company against any claim made by
reason of representation (unless fraudulent), or any implied warranty, condition or other term, or
any duty at company law, or under the express terms of the contract, for any direct, special or
consequential loss or damage (whether for loss of profit or otherwise) costs, expenses or other
claims for compensation whatsoever (whether caused by the negligence of the Company its
employees agents or otherwise) which arise out of or in connection with the supply of the goods
for their use or resale by the buyer.
REGULATIONS
Where the components supplied are 'safety-critical' the liability of the Company shall be limited to
the standard of production required by the appropriate quality control procedure of the Company
at the relevant time and no responsibility is accepted by the Company for failure to comply with
any regulations or requirements of any governmental or other authority.
CONFIDENTIAL INFORMATION
All drawings documents and other information supplied by the Company is supplied on the
express understanding that the buyer will not without the written consent of the Company:
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Give away, loan, exhibit or sell any such drawings or extracts therefrom or copies thereof
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Use them in any way except in connection with the components for which they are issued.
SUB-CONTRACTORS
The Company shall be entitled to appoint one or more sub-contractors to carry out all or any of its
obligations hereunder and hereinbefore.
FORCE MAJEURE
The Company shall be under no liability for any delays loss or damage caused wholly or in part by
causes beyond the Company's control including without limitation any act done pursuant to a
trade dispute whether such dispute involves the Company's servants or not or otherwise arising
out of any act matter or thing which is out of the control of the Company.
LEGAL
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The Contract shall be governed and interpreted exclusively according to the Law of England
and any arbitrator under the next following clause shall be governed by English Arbitration Law.
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Any dispute arising hereout or difference as to the interpretation of these Conditions shall be
referred to the final decision of a single arbitrator in England to be nominated by the parties or in
default of agreement between the parties by the President of the Society of Motor Manufacturers
and Trades Limited.
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