These conditions of sale as set out below shall govern the terms of supply of goods by Autoenterprises Ltd ("The Seller") and shall take precedence over the Buyers terms of supply notwithstanding any provisions to the contrary contained in the Buyers terms and conditions of supply. The Seller's terms and conditions shall be deemed to have been agreed once work has commenced on the order.

2A) QUOTATIONS & ORDER ACCEPTANCES

Any quotation by the Seller is not an offer and may be withdrawn without notice. Any order given by the Buyer whether by reference to a quotation or otherwise, shall not be binding on the Seller until accepted by the Seller in writing.

2B) SPECIAL ORDERS

Items outside our normal stock programme which are ordered at the Buyers request cannot be cancelled once confirmed.

3) PRICE

The Seller reserves the right to vary the price of goods by notice to the Buyer given at any time before delivery if there is any increase in the price or cost of the goods to the Company by reason of any foreign exchange fluctuations, currency regulations, alterations in duties to takes, variations in the cost of raw materials or labour or utilities or transport by reason of any cause (whether or not of the same nature as foregoing) beyond the control of the Seller.

4) PAYMENT AND INTEREST

Payment shall be made by the date stated on your invoice unless otherwise agreed in writing by the Seller and interest shall be charged on late payments at the rate of 15% per annum from the date of invoice. The Seller retains the right to offset any debt owing to the buyer by the Seller.

5) RETENTION OF TITLE

Property of the goods shall remain in the Seller until the earlier of:
a) Receipt by the Seller of payment in full: or
b) Resale by the Buyer in accordance with the last paragraph of this clause.

So long as the property in the goods shall remain in the Seller the goods shall be set aside from the Buyer's general stock of goods and other property and shall be marked with an identification that they remain the property of the Seller. If the Buyer shall commit any breach of its obligations to Seller including, without limitation, failure to pay any sum due to the Company on or before the date due, the appointment of a receiver of the Buyer's business or the presentation of a petition to wind-up the Buyer, the Seller shall have the right without prior notice at any time to take possession the whole or any part of the goods (and for that purpose to go to any premises occupied by the buyer or any subsidiary, parent or associated company of the Buyer) to the value of all sums due to the Seller without prejudice to any other remedy of the Seller, the Buyer shall be entitled to see (as principal in relation to any sub-purchase but as an agent between the Seller and the Buyer) in the ordinary course of its business, goods supplied by the Seller in respect of which payment has not been made, provided that such sale is made for the account of the Seller and the Buyer holds any sum received or payable in respect of such sale in trust for the Seller until payment of the total contract price of the goods and any other payment due to the Seller from the Buyer have been duly made.

6) CLAIMS

Claims arising from: a) Shortages b) Goods received in damaged condition. (If delivered by carrier, original Packaging must be kept for a claim to be considered.)
c) Goods incorrectly supplied.
d) Non-delivery of a consignment or part thereof (as a,) must be notified Within three working days of the dispatch date shown on the invoice and confirmed in writing within 14 days.
Claims under points (a) and (d) are subject to confirmation by our stock/dispatch records which will be accepted as conclusive in all instances.

7) DELIVERY DATES

Delivery commitments are entered into with good faith but are approximate only and not essential items, the Seller shall not be liable for failure to deliver on the specified dates, nor shall failure be deemed to be a breach of the contract or any of its conditions, or part thereof.

8) FAILURE TO ACCEPT DELIVERY

If the Buyer fails to take delivery of the goods or any part thereof at the time agreed for delivery then the Seller shall be entitled to cancel or suspend such delivery and all other outstanding deliveries and to charge the Buyer with any loss suffered.

9) CANCELLATION

If the Buyer fails to make any payment when it becomes due or enters into any composition or arrangements with its creditors or, if being an incorporated company has a receiver appointed or passes a resolution for winding up or a court makes an order to that effect, or if it has a receiving order made against it, or if there is any breach by the Buyer of any of the terms of conditions thereof, the Seller, may, without prejudice to its rights and remedies and notwithstanding any of its rights and remedies and notwithstanding any previous waiver of this right defer or cancel future orders.

10) PROPERTY LAW AND ARBITRATION

This contract shall be governed by English internal Law. Any dispute arising shall be subject to exclusive jurisdiction of the English Courts.

11) Orders received will be invoiced as soon as packed therefore the invoice will be issued the same day regardless of when the goods are collected ,unless previously agreed with management.

12) Goods may only be collected if payment has been received and cleared or all accounts are in order.

13) Invoices billed in Euros must be paid in Euros not the pounds equivalent shown on the invoice as this is for our accounts only, the same rule applies to invoices billed in Dollars.