1. Definitions:
In these terms and conditions, “Company” means Brian Currie (Milton Keynes) Limited, registered in England and Wales under Comp any No 1625680. “Customer” means the person, firm or Company who place the order with the Company. “Order” means the Customers instructions to supply the goods and or services. NOTHING IN THESE TERMS AND CONDITIONS SHALL AFFECT THE STATUTORY RIGHTS OF A CONSUMER
2. Orders:
An official order is required before goods or services will be supplied. The Company reserves the right to receive verbal orders, but such orders must be confirmed in writing, fax or e-mail within 24 hours by the Customer and marked “Confirmation Order”. If not so marked the order may be treated as a new order and the Customer will be liable for any consequence of duplication. No cancellation of an order will be effective unless in writing and until accepted by the Company. The Company reserves the right to refuse to accept any cancellation, particularly where the goods are non-cancellable for the Company on our supplier. The Company may at its discretion require a non-returnable deposit. In the event that work has commenced, the Customer will be liable for any parts and labour up to and including the time of cancellation. In the event of additional work being required by the Customer, this must be approved separately and an order supplied. However, in the event that the additional work does not exceed 10% of the original value of the order the Company may carry this out without an additional order. Where the customer wishes to order bodywork or equipment for fitment to vehicles prior to the delivery, the Customer is solely responsible for any specific requests or specifications and the Company shall have no liability in this respect.
3. Suitability of the Goods:
The Buyer assumes sole responsibility for any specific requirements of the Goods for the purpose for which they require them. Any figures given by the Company or the manufacturers relating to performance and or dimensions are for information only and not in any way guaranteed. Where a Buyer has stipulated a particular reason for a specification, the Company will endeavour to incorporate this but cannot guarantee the suitability or availability of the Goods and may at its discretion use an alternative.
4. Disputes and Complaints:
Complaints by the Customer as to the state of quality or condition of the goods and/or services shall not entitle the Customer to withhold payment in respect of any other monies due to the Company other than the item(s) in dispute. The Customer must make any complaint to the Company in writing within 14 (Fourteen) days of Invoice or the matter arising. See address at 15. below. The customer agrees, that DAF (and its affiliates), as the manufacturer of the truck(s), may use the contact details given to the DAF Dealer by the customer in the purchasing process, to inform the customer about products and services of DAF, which DAF believes may be of interest to the customer. Additionally, DAF may contact the customer for the purpose of customer satisfaction surveying. If the customer does not wish to receive the abovementioned information, or satisfaction surveys, the customer may notify DAF and/or the DAF Dealer of this. After receipt of such notice, DAF and the DAF Dealer will stop using the information for these purposes.
5. Price for Goods:
The price of the Goods agreed at the time the Order is placed is based upon the published recommended price of the goods at that time, less any agreed discounts and allowances. In respect of Truck purchases, the price as stated in any quotation excludes VAT, and is a minimum price. This is because the manufacturer explicitly reserves the right to increase the price it charges to us, up to 4 months prior to production of a tractor and 6 months prior to production of a rigid vehicle. If a price increase is announced, the buyer will have 2 weeks to decide whether the price is acceptable or to cancel the order at no cost. If Brian Currie (Milton Keynes) Limited does not receive a response from an authorised signatory of your Company within the 2-week period, after we have communicated the new price to the buyer, it is deemed that the buyer agrees and commits to the new price and that a revised contract of sale is concluded. The supply of the vehicle is subject availability. The Customer will pay any delivery charges which may apply. Unless specified in writing the price for the Goods shall not include any modifications, accessories, painting, bodies, associated equipment or road fund licence. which is payable by the Customer prior to delivery of the Goods.
6. Loss or Damage:
The Company accepts no responsibility for the safe custody of or for the loss or damage to the Customer’s vehicles. Vehicles are given or tested at the owner’s risk.
7. Consequential Loss:
The Company will not be liable for any loss of profits or any other consequential losses from alleged negligence of the Company.
8. Payment:
The customer shall pay the invoice price in full in GBP unless credit terms have been agreed in advance. These terms are strictly 30 days end of month. Where the Customer does not pay within terms the Company reserves the right to apply interest of 5% over the base lending rate of National Westminster Bank plc, calculated on a daily basis. The Customer may not withhold payment of any invoice or other amounts due to the Company by reason of any right of set-off or counterclaim which the Customer may have or allege to have. In the case of vehicle sales cleared funds must be made on or before delivery of the new or used vehicle. Where the Customer calls on the services of DAFaid, ITS or other such roadside assistance services, the Customer accepts these are provided as a communication system. Provided the Customer has current credit facilities with the Company. The Company will at its discretion authorize a nominated repairer to effect repairs to the Customers vehicle. The price of such repairs will be invoiced to the Company by the nominated repairer and the Company will be entitled to pass this on to the Customer plus any charges for DAFaid, ITS or other roadside assistance. The Company will make a 10% administrative charge up to £100 when passing these costs on to the Customer.
9. Delivery:
Delivery of the goods shall take place at the Company premises at the moment when the Company informs the buyer that the goods are ready for collection and risk shall pass at this time. Any dates quoted for delivery are approximate only and whilst the Company will do all it can to ensure delivery on the quoted date or time for delivery; time shall not be of the essence.
10. Lien:
The company shall be entitled to a general lien, on all goods, vehicles or parts of the Customer in the Company’s possession on the unpaid price of any goods and services sold or provided to the Customer or at the Customer’s request. The unpaid price also includes and additional charges the Company has had to incur in obtaining settlement, this would include but not limited to solicitor’s charges, court fees and storage charges. The Company shall retain the title to any goods supplied by it until cleared payments is received. If goods supplied have been converted to other goods, the title to other goods will be deemed to have vested in the Company as if they were originally supplied. The Customer authorises the Company to enter into the Customer’s land and/or premises to recover goods the title of which, based on the above remains with the Company.
11. Warranty/Limitation of Liability:
The products are supplied with a warranty from the manufacturer and the Company makes no contractual warranty as to the quality or fitness of the product for any purpose. 1. Where a customer places an order direct with a third-party supplier for material or equipment to be fitted to a product purchased by the Customer from the Company, then the Company offers no warranty on such material or equipment even though the price for such material or equipment is included in the Company’s invoice to the Customer for the Product. 2. Second Hand Products unless otherwise specified in writing are sold in their existing condition without warranty. It is the Customers responsibility to satisfy themselves as to the condition of such Products prior to entering into a contract and hereby accepts that the Company has provided reasonable facilities to enable examination of the Product prior to contract. 3. Servicing and Repair are carried out in accordance with recommended procedures and good workmanship and warrants such work against failure due to workmanship for 3 months or 5,000 kilometres, whichever is the sooner. In the event of such failure the Company will re-perform the servicing or repair subject to its total liability for breach being limited to the invoice value of the original servicing or repair. The Company will not be liable for any defect arising from equipment not supplied by it.
12. Risk and Insurance:
Risk shall pass on delivery of goods notwithstanding that title does not pass until payment. The Customer shall be responsible to insure the Company’s goods in which title has not passed to a value equivalent to the invoice value.
13. Force Majeure:
The Company shall not be liable to the Customer or be deemed to be in breach of this contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the goods, if the delay or failure was due to any cause outside the Company’s control.
14. Exclusion of Liability:
Except in respect of death or personal injury caused by the Company’s negligence, the Company shall not be liable to the Buyer by reason of any representation, unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of any contract, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever, which arise out of or in connection with the supply of goods and/or services . The entire liability of the Company under or in connection with any contract shall not exceed the price of the goods or services supplied.
15. Scope and Law:
Unless otherwise agreed in writing, these terms and conditions as set out below apply to all Goods and Services supplied and the understanding is that the Customer accepts these and that they will apply to all subsequent transactions. Any contracts or sales concluded shall be governed by and construed in all respects in accordance with the laws of England and the Company and Customer submit to the exclusive jurisdiction of the English Courts.
16. Payments/Dispute
Address all cheques or disputes by post to: Brian Currie (Milton Keynes) Limited, Chesney Wold, Bleak Hall, Milton Keynes, Bucks. MK6 1LH Tel:01908 663992 PLEASE MAKE CHEQUES PAYABLE TO: BRIAN CURRIE MILTON KEYNES LIMITED. BANK TRANSFERS TO BRIAN CURRIE MILTON KEYNES LIMITED – NATWEST SORT CODE 60-14-55 ACCOUNT No 81329318
Late updated: July 2023