TERMS FOR THE SALE OF VEHICLES, EQUIPMENT AND FOR THE SUPPLY OF SERVICES

1. Interpretation
"Customer" means the person named in all documentation relating to the sale of particular vehicles and equipment. "Company" means Evems Limited. "Parts" means any parts (including any installments) sold by the Company or used or supplied by the Company in connection with the sale of a vehicle or the supply of any Services. "Vehicle" means any new or used heavy or light commercial vehicle or van or car including all accessories. "Services" means the any aspect of the sales process. For the Customer "Terms means the terms for the sale of a Vehicle. Parts or for the supply of Services set out in this document. "Quotation" means a quotation in writing issued by the Company which is accepted by the Customer within the acceptance period stated in the Quotation. "Order" means an order by the Customer for the purchase of a Vehicle, Parts or the provision of Services which is accepted by the Company in writing. "Contract" means the Contract for the sale and purchase of any Vehicle, Parts or the provision of Services.

2. The Contract Specification and Orders
2.1 The Vehicle, Parts or Services will be sold or supplied by the Company to the Customer on these Terms and in accordance with the Quotation or Order. No other terms or any variation to the Terms shall apply unless set out in writing and signed by the Customer and the Company. The Customer understands and confirms that any employee or agent of the Company has no authority to make any representation about the Vehicle, Parts or Services nor shall the Company be liable for any advice or recommendations given by it or its employees or agents to the Customer as to the Vehicle Parts or Services unless confirmed in writing.
2.2 Any error or omission in any document or information issued by the Company or other person shall be subject to correction without any liability on the parts of the Company.
2.3 The Customer shall be responsible for the accuracy of the terms of any Order (including the specification).
2.4 If the manufacturer or supplier discontinues the sale of any Vehicle or Parts or alters the specification the Company reserves the right (without any further liability on the part of the Company) to deliver in satisfaction of this Contract a Vehicle or Parts conforming to the manufacturer's or supplier's specification prevailing at the time of delivery or fit another Part, or cancel this Contract and refund to the Customer either any deposit or other payment paid by the Customer.
2.5 No Order or Quotation may be cancelled by the Customer except with the agreement in writing of the Company and on terms that the Customer shall indemnify the Company in full against all loss (including loss of profit), costs damages and expenses incurred by the Company as a result of cancellation.

3. Prices and Payment

3.1 The Company may require a deposit. Unless there is a written agreement for a fixed price the price for a Vehicle or Parts shall be the price applicable on delivery. If the manufacturer of a Vehicle or supplier of any Parts increases their prices, the Company reserves the right to increase the price. The price for any Services shall be the price applicable on completion of such Services. All prices shall be payable together with value added tax and (where appropriate) delivery, transport and insurance charges.
3.2 Any estimates given by the Company shall be provisional. The Company shall use all reasonable endeavors to obtain the authority of the Customer for any substantial divergence from the estimate given.
3.3 Payment in cash or cleared funds for the sale of vehicles, equipment or the supply of services shall be due within 20 days after month of invoice date. Payment of vehicle sales shall be made prior to or on the shipment of items purchased. Prompt payment of all sums due shall be of the essence of this Contract. All prices quoted are U. K. Pounds Sterling Ex. Works being exclusive of VAT where applicable and shipping / associated costs. Vehicles advertised are subject to remaining unsold.

3.4 If the Customer fails to pay any sum due on the due date for payment the Company shall be entitled to charge the Customer interest at the rate of 4% a year above (UK Barclays Bank) Base Rate from time to time until payment is made in full. Such interest shall be payable both before and after any legal judgment the Company may obtain against the Customer.
3.5 The Customer shall not be entitled to withhold payment of any sums after they have become due by reason of any right of set off or counter-claim or for any reason whatsoever.
3.6 In addition to the Company's lien for repairs, the Company shall have a general lien on all property of the Customer in the possession of the Company pending payment of all sums due and after 14 days notice shall have the right to sell any of the Customer's property as agent for and at the expense of the Customer and apply all proceeds of sale towards payment of such sums.

4. Shipment and risk

4.1 In the absence of any express agreement shipment (ex.work's) shall take place when collected by the Customer following the Company's notification that the Vehicle, Customer's vehicle or Parts are ready for collection or when the vehicle or equipment leaves the site. The date for collection/shipment shall not be of the essence of this Contract unless agreed in writing. Risk shall pass to the Customer on shipment/collection. Any time or date for completing the Services shall be an estimate only and the Company shall not be liable for any failure to complete the Services within such time or date.
4.2 Parts may be delivered in installments. Failure by the Company to deliver any of the installments in accordance with these Terms shall not entitle the Customer to treat the Contract as a whole as repudiated. Claims for shortages or discrepancies or loss or damage of Parts in transit will not be accepted unless notified to the Company and (if appropriate) the Company's carriers within 48 hours of receipt and confirmed in writing within 7 days after receipt. Packaging and damaged parts shall be retained for inspection.
4.3 Following receipt, the Customer will inspect any Vehicle, Equipment or Parts. Unless the Customer notifies the Company within 48 hours of delivery of any defect the Customer will be deemed to have accepted it. After acceptance, the Customer shall not be entitled to reject a Vehicle or Parts which are not in accordance with this Contract.

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