Apollo Tyres UK general sales conditions.

A. Business arrangements.

1.     Enquiries and orders.

To be sent to Apollo Tyres (UK) Sales Ltd. - 1 Beechwood - Cherry Hall Road Kettering Business Park - Kettering - NN14 1UE  

         T: 0330 333 1294                   

         F: 0330 333 1296

         E-mail: customer.uk@apollotyres.com

2.      Accounts.

If a credit account is desired, bank and trade references should be forwarded and time allowed for necessary enquiries. The Company reserves the right at any time to refuse or limit the amount of credit to be given to each customer.

B. Conditions of sales.

1. Interpretation.

In these conditions the following words shall have the following meanings ;

• “Person” means all persons, firms, companies or corporations whatsoever.
• “The Company” means Apollo Tyres (UK) Sales Ltd..
• “The Products” means pneumatic tyres, covers, tubes and all other goods or materials which are or may be manufactured and sold by the Company.
• Words denoting the singular member shall include the plural and vice versa.

2. General.

Notwithstanding anything to the contrary appearing on any persons order, enquiry or other documents received by the Company, all contracts for the supply of goods by the Company shall be subject to these Conditions.

a)Any terms and conditions expressed or implied, and even if such other terms and conditions are expressed to prevail, shall only be binding on the Company if expressly confirmed in writing by the Company.

b)No person shall sell or supply any of the Products except in accordance with these Conditions and on giving the Purchaser full notice of these Conditions.

3. Acceptance of Orders.

The company accepts no liability for any order for the Products unless the same has been accepted in writing by the Company.

4. Terms of Payment.

a)Save where special credit terms have been arranged, payment for the Products shall be not later than 7 days after the date of the invoice. Invoices will be dated with the date of dispatch of the Products.  Provided  that the Company reserves the right to require any person to make payment prior to dispatch of the Products.

b)For settlement in excess of 30 days after the agreed terms of payment, interest will be charged at the rate of 2% per month or part thereof on the unpaid balance of the price.

5. Delivery.

a) Any times or dates for delivery or performance by the Company given in the contract are estimates only and shall not be of the essence of the contract. The Company shall not in any event whatsoever be responsible for any loss or damage due to delays in delivery or performance.

b)Delivery of the Products to the Buyers premises in quantities of less than £160 or by carrier or other means other than those normally used by the Company shall be subject to additional charges.

c)Unless otherwise agreed in writing, delivery will be at the Company’s works and the Buyer will be responsible for making arrangements for the collection and carriage of the goods and carriage shall be at the Buyers cost.

6. Claims for non Delivery or Shortages.

a)Shortage in delivery must be notified in writing within three days of receipt of the consignment or any part thereof.

b)Claims in respect of non delivery must be notified within 14 days of date of invoice.

c)No claims in respect of shortages or non delivery will be entertained outside of the period(s) specified.

7. Risk.

All risk or loss or damage of any kind howsoever caused shall pass to the Buyer.

a)Upon the delivery of the Products to the Buyer or to a carrier dispatch to the Buyer even if such carrier be the servant or agent of the Company.

b)In the case of Products to be collected by the Buyer upon such collections or upon the expiry of seven days from the Company’s written notice that such Products are available for collection whichever shall be earlier and the Company shall further be entitled to recover a reasonable charge for storage of the Products after the expiry of such period.

8. Service Charge on Returned Goods.

a) A service charge will be levied on returns of Products by dealers.

b)No Products may be returned unless the dealer first requests and receives approval from the Company.

c)The service charge will be 5% of the credit issued for the Products returned. In addition such products accepted must be returned carriage paid to the Company’s warehouse.

d)No service charge or carriage charge will be made on Products returned due to an error on the part of the Company.

9. Ownership of Goods.

a)Notwithstanding that the Products shall be at the risk of the Buyer from the date of delivery the property in the Products shall not pass to the Buyer until all monies owing to the Company in respect of the Products has been paid to the Company.

b)Where Products are in the possession of the Buyer they shall be held as bailee for the Company but at the risk of the Buyer and stored separately from other Products and clearly marked in such a way that they can readily be identified as the property of the Company.

c)The Buyer shall be entitled in his own name to sell in the ordinary course of business Products which remain the property of the Company and shall do so as agents for the Company.  Pending payment in full for all products supplied under the Contract by the Company the proceeds of any such sale shall be the property of the Company and the Buyer shall pay such proceeds into a separate account to the Customers Bankers and shall be accountable to the Company for all products sold and the proceeds of their sale.

d)The Buyers power of sale shall be determined automatically if a receiver is appointed over any of the assets or the undertaking of the Buyer or a winding up order is made against the Buyer or the Buyer goes into voluntary liquidation or commits any act of Bankruptcy.

e)Notwithstanding anything to the contrary herein contained the Company shall be entitled at any time and any event upon termination of the power of sale as herein provided by servants or agents to enter upon the Buyers premises for the purposes of recovering any Products which form the property of the Company of which have not been paid in full.

10. Variation of Prices.

The Company reserves the right at any time to alter the prices of any of the Products without notice and in respect of Products delivered after such alteration of the price the price for such Products shall be that current at the date of delivery of the Products to the Buyer or carrier.

11. Clearance, Blemished, Seconds or Part-Worn Products.

a)No person shall without the written authority of the Company, deface, brand, mark, remould, retread, resole, recut or tamper in any way whatsoever with any of the Products other than part-worn products.

b)No person shall without the previous written authority of the Company sell, offer for sale, advertise or supply any of the Products (other than part-worn products) which have been treated as set forth in paragraph a) of this Condition.

c)No Person shall in any manner whatsoever or by any device whatsoever offer for sale, advertise, sell or supply any of the Products under the description “Clearance”, “Surplus”, “Blemished”, “Seconds” or “Part-Worn” under any trade name used by the Company without the Company’s prior express written authority.

12. Guarantee and Exemption.

In respect of any of the Products which may prove defective through faulty materials or workmanship the Company agrees as its option to make an equitable allowance against the sales value of such Products as to repair or replace such Products.

        
Save as aforesaid the Company makes no representation and gives no guarantee in respect of the Products and all conditions and warranties, express or implied, whether statutory or otherwise are included,  It is an express condition subject to which the Products are sold that the Company shall not be liable in contract, tort or otherwise, for death, injury or damage to any person or property caused by or arising out of the use of the Product save where death or injury to any person is caused by the negligence of the Company.

13. Patents.

The sale by the Company of the Products shall not convey to the Buyer any licence or right to use any inventions, letters patent, registered designs or trade marks owned or controlled by the Company or its parent company or any subsidiary of such parent company (within the meaning of Section 154 of the Companies Act 1948) except to the extent that the same or any of them may be embodied in such Products.

14. Agreement, Credit and Suppliers.

The Company reserves the right at any time in its absolute discretion and notwithstanding any contract that any person may have made with any third party to terminate without notice any agreement to make supplies to any person, to refuse or limit the amount of credit to be given to any person, and to withhold from any person.

15. Force Majeure.

So long as any circumstances whatsoever beyond the control of the Company may prevent, hinder or delay the manufacture or delivery of the Products of the Company the Company shall not be bound to make delivery of any such Product which it may have contracted to manufacture or sell and the Company shall not be liable in any manner whatsoever for any failure or delay when so prevented, hindered or delayed.

16. Applicable Law.

Any contract between the Company and the Buyer shall be governed by English law.