Terms & Conditions
About UsThis web site is owned and operated by Italtruck who are completely dedicated to your total satisfaction. If you have any suggestions or comments or if you need to contact us, please email us using the link on the store page or use the details below.
Our Contact details:
Unit 7 Weston Lane Industrial Estate Weston Lane Birmingham B11 3RR United Kingdom
Phone: 0121 243 8020
Fax: 0121 243 2158
VAT Registration Number: GB 785 261 994
Company number: 4305056
Standard Terms and Conditions for Goods sold by Italtruck Ltd (hereinafter called The "Company")
1.1 "Buyer" means the person who buys or agrees to buy the goods from the Seller.
1.2 "Conditions" means the terms and conditions of the sale set out in this document
and any special terms and conditions agreed in writing by Italtruck Ltd.
1.3 " delivery date" means the specified Italtruck Ltd when the goods are to be
1.4 "Goods means the articles which the buyer agrees to buy from Italtruck Ltd
1.5 "Price" means the price for the goods excluding carriage packing and insurance
1.6 "Seller" means Italtruck Ltd
2.1 These conditions shall apply to all contacts for the sale of goods by the Italtruck
Ltd to the buyer to the exclusion of all other items and conditions including any
terms or conditions which the buyer may purport to apply under any purchase
order confirmation of order or similar document
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase
Goods pursuant to these conditions
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the
Buyer's acceptance of these conditions.
2.4 Any variation to the conditions (including any special terms and conditions agreed
between the parties) shall be inapplicable unless agreed in writing by Italtruck ltd.
3. The Price and Payment
3.1 The price shall be the Seller's quoted price . The price is exclusive of vat which
shall be due at the ruling rate on the date of the invoice
3.2 Payment and price and vat should be due within 30 days of the date of the
invoice time for payment shall be of the essence. The time allowed for payment
may be extended to 60 days by prior agreement with the Seller.
3.3 Interest on overdue invoices shall accrue from the date when payment becomes
due from day to day until the payment at a rate of 2% above Bank of Scotland
base rate from time to time and shall accrue at such rate after as well before any
4. The Goods
The quantity and description of the Goods shall be as set out in the Seller's
5. Warranties and Liability
The Seller warrants that the goods will at the time of delivery correspond to the
description given by the Seller. Except where the Buyer is dealing as a consumer
(as defined in the unfair contract terms act 1977 section 12) all other warranties
conditions or terms relating to fitness for purpose merchantability or condition of
the Goods and whether implied by statute or common law or otherwise are
6. Seller's Clause excluding liability for delay in delivery
6.1 The Seller shall not be liable for any loss or damage whatever due to failure by
the Seller to deliver the Goods (or any of them) promptly or not at all.
6.2 |Notwithstanding that the Seller may have delayed or failed to deliver the Goods
(or any of them) promptly the Buyer shall be bound to accept delivery and pay for
the goods in full provided that delivery shall be tendered any time within (3)
months of the Delivery Date.
7. Acceptance of the Goods
7.1 The buyer shall be deemed to have accepted the Goods 24 hours after delivery to
7.2 After acceptance the Buyer shall not be entitled to reject Goods which are not in
accordance with the contract.
8. Seller's retention of ownership
8.1 The Goods shall be at Buyer's risk as from delivery
8.2 In spite of delivery having been made property in the Goods shall not pass
from the Seller until:
8.2.1 The Buyer shall have paid the Price plus Vat in full; and
8.2.2 No other sums whatever shall be due from the buyer to the Seller.
8.3 Until property of the Goods passes to the Buyer in accordance with clause 8.2 the Buyer shall hold the Goods and each of the on a fiduciary basis as bailee for the Seller. The buyer shall store the Goods (at no cost to the Seller) separately from all other goods in its possession and marked in such a way that they are clearly identified as the Seller's property.
8.4 Notwithstanding that the Goods (or any of them) remain there property of the Seller the Buyer may sell or use the Goods in the ordinary course of the Buyers business at full market value for the account of the Seller. Any such sale or dealing shall be a sale or use of the Seller`s property by the Buyer on the Buyer's own behalf and the Buyer shall deal as principal when making such sales and dealings. Until the property of the Goods passes from the Seller the entire proceeds of sale or otherwise of the Goods shall be held in trust for the Seller and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as the Seller's money.
8.5 The Seller shall be entitled to recover the Price (plus Vat) notwithstanding that property in any of the Goods has not passed from the Seller
8.6 Until such time as property of the Goods passes from the Seller the Buyer shall upon request deliver up such of the Goods as have not ceased to be in existence.
8.7 The Buyer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods which are the property of the Seller. Without prejudice to the other rights of the Seller, if the Buyer does so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.
8.8 The Buyer shall insure and keep insured the Goods to the full price against "all risks"
To the reasonable satisfaction of the Seller until the date that property in the Goods passes from the Seller to the Buyer and shall whenever requested by the Seller produce a copy of the Policy of insurance. Without prejudice to the other rights of the Seller, if the Buyer fails to do so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.
8.9 The Buyer shall (if a limited company incorporated in England or Wales) promptly deliver the prescribed particulars of this contract to the Registrar in accordance with the Companies Act 1985 Part XII as amended. Without prejudice to the other rights of the Seller, if the Buyer fails to do so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.
9. Remedies of Buyer
9.1 Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale.
9.2 Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods.
9.3 The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.
10. General exclusion of Seller's liability for indirect loss
The Seller shall be under no liability whatever to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of his contract.
11. General limitation of Seller's liability
In the event of any breach of this contract by the Seller the remedies of the Buyer shall be limited to damages. Under no circumstances shall the liability of the Seller exceed the Price of the Goods.
12. Proper Law of Contract
The parties submit to the exclusive jurisdiction of the courts of England and Wales and irrevocably agree that proceedings issued out of said courts may without prejudice to the rules of service of such courts be served on them by delivering such proceedings in an envelope addressed to the party to be served at the address for such party set out in this contract.
Shipping And HandlingAll goods are despatched by courier or pallet carrier. Our parcel carrier is Express Despatch. Our pallet carrier is Palletways.
Delivery costs are charged according to the size of order placed. Delivery is generally free on orders over £500 in value.
UK MAINLAND: Next working day delivery (up to 20Kg) £8.95
Each additional kilo £0.22
2-3 working days delivery (up to 20Kg) £7.95
Each additional kilo £0.20
SCOTTISH HIGHLANDS: Next working day delivery N/A
2-3 working days delivery (up to 10Kg) £18.00
Each additional kilo £0.60
NORTHERN IRELAND: Next working day delivery N/A
2-3 working days delivery (up to 10Kg) £18.00
Each additional kilo £0.65
EIRE: Next working day delivery N/A
2-3 working days delivery (up to 10Kg) £25.65
Each additional kilo £0.65
Goods may be delivered at any time between 0800hrs and 1830hrs Monday to Friday. If you are out goods may be left with a neighbour. A calling card will be left to show that the carrier has been showing contact details to enable you to re-arrange delivery.
Tax ChargesFor orders made from the UK or the European Union, 20% VAT is added. All other orders are VAT free. Customers based in other EU countries who are Vat registered and are able to provide their VAT details can be supplied VAT excluded.
GuaranteeWe guarantee your satisfaction. If for any reason you are unhappy with your purchase please get in touch with our customer service department on 0121 2438020 or email us.
Reaching UsIf you need to reach us, please email us using the link on the store page, alternatively, you can contact us by one of the means below
By telephone : 0121 243 8020
By Fax : 0121 243 2158
By Post : Italtruck, Unit 7 Weston Lane Industrial Estate, Weston Lane, Birmingham,
B11 3RR, United Kingdom
By E-mail : email@example.com