Northcastle Limited Terms & Conditions of Sale

1. TERMS AND CONDITIONS

The conditions of sale as set out below shall govern the terms of supply of goods by THE COMPANY (“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 Sellers terms and conditions shall be deemed to have been agreed once work has commenced on the order.

2. OLD UNIT RETURN (EXCHANGE PRODUCTS)

Where products are marked as EXCHANGE, the old unit must be returned after removal from the vehicle. This is a precondition of the sales, buyers that at unable or unwilling to return the old unit should not make the purchase. Failure to return the old unit will result in the warranty on the product being void.

3. RETURNED GOODS

A handling charge may be made on goods accepted for credit against correctly executed orders. Goods will only be credited if returned within 30 days of invoice date. Please quote original invoice number with returns.

Products that have been specially produced or programmed for a buyer will be subject to a handling charge.

4. PAYMENT AND VALUE ADDED TAX

All goods and/or services sold by the company will be subject to VAT which will be charged at the rate applicable at date of goods/products invoice.

Where credit has been issued for goods/products returned to the company in accordance with these conditions of sale, credit for VAT on such goods/products will only be given in circumstances permitted by

H.M. Customs and Excise.

5. SUITABILITY OF GOODS/MATERIAL AND WARRANTY

In the case of EXCHANGE PRODUCTS, the old unit must have been returned for a warranty to be considered, the warranty is not activated until the old unit is received.

The Seller warrants that at the time of shipment from the factory, the products shall be free of defects in material and/or workmanship, for 1 year (12 months) or 12,000 miles whichever is the soonest or as stated in our selling offer, except for taxis or hire vehicles wherein warranty is limited to 30 days (1month).

Product(s) belonging to the buyer or their customer which are repaired by the seller but not wholly manufactured by the Seller will be warranted for a period of 6 months from date of invoice (or as agreed in writing).

In the event products do not comply with the above warranty, and the buyer gives written notice to the seller within 30 days of discovery of such none compliance, then after the seller has examined and determined such products to be in fact defective, the Seller will at their own option either furnish a replacement for the part(s)/ component(s), or issue a refund for the original purchase price of the defective product(s).

No return of the product(s) claimed, will be accepted without prior authorisation by the seller, any claim must be accompanied by sellers original Invoice no. and detail of the claim fault.

The foregoing warranty does not extend to any product(s) that have been subjected to misuse, neglect, accident, improper installation; nor does said warranty extend to any product which has been fitted to vehicles used for off road use, or vehicles used for competition purposes, or vehicles which in the opinion of the seller have been overloaded. Warranty is also void on product(s) which have been altered, modified, or repaired; nor does said warranty extend to any product which has had the identifying symbol(s), mark(s), label(s) removed, altered or changed.

The Seller will not be held liable for any errors, defects or omissions in the design of any component(s)/product(s) regardless of whether such design faults result from acts or omissions of the manufacturer, supplier, buyer or any other party.

6. DELIVERY SHORTAGE

All none delivery or shortage of goods must be notified to the Seller within five working days. No claim will be considered beyond this time.

7. LIABILITY

The Seller will not be liable for any loss, damage, injury or expense(s), claim(s) (including labour and/or shipping) special incidental, or consequential damage/loss of any kind, whether or not based upon warranty expressed or implied; except for the obligations outlined above which shall be deemed the full extent of the Seller’s liability. In no event shall the Seller be liable for any costs in excess of the original purchase price of the product(s)/component(s).

8. OLD UNIT RETURN

Old units are accepted up to 2 months from the invoice date. Please remember that the warranty is not activated until the old unit has been returned. Old units must be in a condition suitable for remanufacture. Any units that are damaged, bent, excessively corroded or have missing components will not be considered as acceptable and may be rejected.

The Seller reserves the right to determine what is acceptable or unacceptable core.

​9.DELIVERY DATES

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

All quoted delivery dates are ex-works, Seller’s factory. All return shipping costs i.e. stock returns, defective components, old units etc. are to the Buyers account.

10. FAILURE TO ACCEPT DELIVERY

If the Buyer fails to take delivery of the goods or any part thereof the seller shall have the right to recover the costs incurred.

11. CANCELLATION

If the Buyer can cancel an item, free of charge, up till the time of shipment. Cancellation after shipment will subject to charges.

12. RETURNED GOODS

A handling charge may be made on goods accepted for credit against correctly executed orders. Goods will only be refunded if returned within 30 days of invoice date. Please quote original invoice number with returns.

Products that have been specially produced or programmed for a buyer will be subject to a handling charge.

Products returned in poor or damaged condition will be subject to a refurbishment charge.

13. FORCE MAJEURE

The Seller shall not in any way be liable to the buyer in respect of loss arising in the event of delivery of goods/product being prevented, hindered or delayed as a result of circumstances outside the control of the Seller including but not limited to (but without prejudice to the generality of the foregoing conditions), accidents, strikes, lock outs, trade dispute acts, or restraints of Government or imposition of restrictions on export, and natural disasters - floods, hurricanes, tornado’s, fire and earth quakes.

14. PROPER LAW AND ARBITRATION

This Contract shall be governed by English internal law and any dispute arising shall be subject to the exclusive jurisdiction of the English Courts.

GLOSSARY OF TERMS

The above terms and conditions of sale include expressions which are qualified thus:

“Seller” - means Northcastle Limited.

“Buyer” - means the person, firm or company who places the order with the Seller. “Goods/products/components” - means the articles ordered by the buyer.

“Order” - means buyers instructions to supply the goods/products/components.

“Old Unit” - means the product being replace/removed from the vehicle.