(a) The Seller is First Four Off Road, who contracts on these Conditions
of Sale. Any additions, alterations or deletions to these Conditions of Sale
will not be accepted unless they are expressly accepted by the Seller in
writing. (b) The Seller accepts the Buyer's offer to purchase the goods only by
posting or otherwise sending to the Buyer the Seller's Contract of Sale form.
2.PRODUCT DESIGN AND SPECIFICATIONS
Our policy is one of continual development and improvement. Customers are
reminded that details and specifications of any product can change without
notice. Customers should confirm any specific concerns regarding design or
specification at time of our ordering with our sales officer.
3. FORCE MAJEURE
(a) RETAIL The Seller shall not be responsible for delay in delivery of the
goods or any part thereof occasioned by any act of God, action by any
Government, strike, lock-out, combination of workmen, riot or civil commotion,
breakdown of machinery, power failure, fire, fuel shortage, loss and/or
detention at sea, or any other contingency beyond its control. Should any of the
goods be rendered unfit for delivery by any reason of the above acts, the
Contract, as far as it relates to those goods, shall be deemed to be discharged.
(b) WHOLESALE The Seller shall not be responsible for delay in delivery of the
goods or any part thereof occasioned by any act of God, action by any
Government, strike, lock-out, combination of workmen, riot or civil commotion,
breakdown of machinery, power failure, fire, fuel shortage, loss and/or
detention at sea, or any other contingency beyond its control, provided that
notice in writing, by facsimile or telex is given to reach the other party to
the Contract within seven days of the defaulting party's knowledge of the
occurrence (in the case of resale such information shall be passed on without
delay). Should any goods be rendered unfit for delivery by any reason of the
above acts, the Contract, as far as it relates to those goods, shall be deemed
to be discharged.
4. PROPERTY IN GOODS AND RISK
(a) All goods delivered by the Seller to the Buyer shall remain the property of
the Seller until the Buyer has met all outstanding debts and contractual
obligations in relation to the goods between the Seller and Buyer. Until such
time as the Buyer has paid in full all monies owing for any goods and materials
supplied by the Seller to the Buyer, the Buyer shall keep the same in a
fiduciary capacity for the Seller.
(b) Risk passes to the Buyer on delivery of the goods, irrespective of whether
or not property has passed.
5. 'SPECIAL ORDERS'.
Goods which are 'special orders' cannot be considered for refund or return.
6. INCREASED CHARGES
Any increase in shipping, marine insurance, freight or landing charges between
the time of sale and arrival of the vessel, are for the Buyer's account.
7. BANKRUPTCY
If the Buyer has a Receiver appointed of any of his property or business
undertakings, announces that he is ceasing to trade (other than for declared
legitimate reasons such as retirement and continuing to honour all existing
contracts) suspends payment and/or notifies any of his creditors that he is
unable to meet debts or that he is about to suspend payment of his debts,
convenes, calls or holds a meeting of creditors or, being an individual trade,
commits an act of bankruptcy, is adjudicated bankrupt or makes any composition
or scheme of arrangement with his creditors, or being a body corporate convenes,
calls or holds a meeting for the purpose of going into liquidation (other than
for the purpose of reconstruction or amalgamation) by the making of an Order or
the passing of a resolution for winding up, then the full price of any goods
delivered shall be immediately payable notwithstanding any previous arrangement
to the contrary and the Seller shall have the right, without prejudice to any
other rights and remedies available to them, to cancel and/or suspend
deliveries. If the Buyer fails to make any payment as due or dies, the rights
conferred on the Seller by this paragraph shall apply, provided that within 28
days after the relevant occurrence the Seller gives the Buyer or his
representative written notification of the Seller's intention to exercise all or
any of such rights.
8. DELIVERY
Dates mentioned by the Seller in any quotation or correspondence are
approximate only and not of any contractual effect. The Buyer shall accept
delivery during the period agreed with the Seller subject to the provision of
Clause 2 (Force Majeure) of this Contract.
9. CLAIMS
Claims based upon those defects of quantity, quality or condition which should
be apparent upon reasonable examination shall be made immediately known by
telephone, or and written confirmation despatched within 5 business days of
arrival of the goods at the destination to which they have been consigned.
Failure to notify FIRST FOUR OFF ROAD within this period will
result in refunds and replacements being denied. Goods that have been fitted or tampered with are non-refundable unless
previously agreed. If orders are changed or cancelled after receipt by the
customer, First Four reserve the right to levy a a 10% handling charge.
10. LAW AND JURISDICTION
The construction validity and performance of this Contract and all matters
pertaining thereto shall be governed in all respects by English Law and subject
to the jurisdiction of the English Courts. Where applicable, the Uniform Law on
International Sales are hereby excluded.
11. DESIGN & REPRODUCTION
Drawings, photographs, part numbers, layout and style are considered
property. Reproduction in whole, or in part, is strictly prohibited without
written consent. Measurements are approximate, Exact products may vary from that
shown. All products are subject to availability. Trademarks Acknowledged.
FIRST FOUR OFF ROAD has taken every care in the preparation of the
content of this website and therefore shall not be liable to any person for any
loss or damage which may arise from the use of any of the information contained
in any of the materials on this website.
These exclusions of liability shall not apply to any damages arising from death
or personal injury caused by negligence of FIRST FOUR OFF ROAD or any of
its employees or agents.
12. VEHICLE & EQUIPMENT SUITABILITY & LEGALITY
It is the responsibility of customers to ensure that any goods supplied by
First Four are suitable for their vehicle and are permitted in their
Country or territory. Due to the wide ranging and ever-changing regulations
regarding the fitment of accessories to road-going vehicles, First Four
cannot advise in respect of local regulations regarding the fitment or use of
any of its items offered for sale. Customers are strongly advised to
notify their vehicle insurer when planning or carrying out any vehicle
modifications.
First Four Off Road.