Terms & Conditions

DEFINITIONS

For the purpose of these Conditions, "the Buyer" means the party to which VTS has agreed to supply products to. The "Contract" means the contract (whether or not recorded in writing) between VTS and the Buyer for the supply of the Buyer of the products, which shall be deemed to incorporate these conditions. "VTS" means Vintage Tyre Supplies Ltd, being the supplier of the Products to the Buyer under Contract.  "Products" means any tyres or other products to be supplied by VTS under the contract. "VAT" means value added tax (or any equivalent tax) at the appropriate rate.

CONDITIONS OF SALE

These Conditions will apply to the Contract to the entire exclusion of any standard terms or conditions specified by the Buyer.  Acceptance of the Products by or on behalf of the Buyer shall be deemed to be full and unconditional acceptance of these Conditions.

AVAILABILITY

If VTS is unable to obtain any products or components required to enable VTS to supply the products, VTS will give notice to that effect to the buyer.  Upon receipt of such notice by the Buyer, the Contract shall cease to have effect to the extent stated in such notice.

QUOTATIONS

The validity of any quotation is limited to a period of 30 days from its stated date unless otherwise specifically stated in the quotation.

ADVICE

Advice given by VTS during telephone/fax/e-mail/internet/shows, is based entirely upon information given by the Buyer with no inspection undertaken. As such, all advice given is indicative only and all such advice should be checked by the Buyer prior to order. Where advice is given after visual inspection by VTS, such advice shall amount to an opinion only. Additionally, goods supplied are supplied only to correspond to the purpose of which goods of that kind are commonly supplied and not alternatives uses to which they may be put. No liability for failure can be accepted by this company for such alternative use, amendment or modification.

Goods ordered by The Buyer may not be compatible with vehicles which have been modified, adapted or altered. Where goods ordered by The Buyer are not compatible by reason of modification, adaptation or alteration, The Company may accept such goods back into stock entirely at its discretion, and shall either issue a refund or credit to the Buyer except where goods are specifically ordered for the Buyer where no such refund or credit will operate.

Racing tyres are supplied for competition use only and are subject to extreme heat and stress, therefore life expectancy and durability are greatly reduced. Purchasers should take advice from experts prior to purchase. Manufacturers may also limit guarantees when components are installed for competition use.

No liability is accepted by the company where purchasers attempt to modify or install Products supplied where it is known or ought reasonably to be known to the Purchaser that the part supplied is incorrectly supplied or otherwise not in accordance with the order. 

DELIVERY

While VTS will use reasonable endeavours to adhere to any delivery date agreed by VTS, the time of delivery of the Products shall not be of the essence. VTS shall not be liable to the Buyer for damages or otherwise for any delay in delivery of the Products.

If any details of the Contract are altered by the Buyer by agreement with VTS (including but not limited to the design or quantity of the Products) or if any queries are raised by the buyer, the delivery date may be extended by VTS by such period as shall be reasonable in all the circumstances.

Unless otherwise specifically stated in the Contract, Delivery of the Products will be made via a VTS nominated external carrier and charged their standard advertised rate and will normally be delivered within 3 working days. Claims in respect of Products, which arrive damaged or are short delivered must be notified to VTS in writing within 5 working days after receipt. 

RETURNS

Only Products supplied by VTS may be returned in the case of complaint; and VTS will only accept Products which are covered by a fully completed VTS claim form available from VTS. Goods which prove to be unsuitable may be returned for refund, credit or exchange if they are received by ourselves within 10 days of the dispatch date, subject to the following conditions: Items must be returned carriage paid. Items are received in a re-saleable condition. All returns must be accompanied by a copy of the original invoice. All returns that need to be credited back to your credit card will be handled directly by VTS. All returns that are found not to be faulty may be subject to a 10% re stocking charge 

DESCRIPTION

Brochure descriptions, website information and samples on display are indicative only and any specifications, weights, measurements and technical data (whether relating to performance or otherwise) have been supplied by manufacturers and are for guidance only.

PRICES

All prices shown in VTS' current price lists are subject to alteration without notice.  Such alteration shall not affect any Contract in existence at the date of such change. Purchasers should also note that published prices may vary slightly as a result of exchange rate fluctuations particularly when prices are quoted in more than one currency.  

PAYMENT

Payment must be made prior to delivery of the Products unless credit terms have been agreed in writing with VTS. All credit accounts must be made in full on the due dates. VTS will not supply Products to a customer whose account is overdue and Interest shall automatically accrue at 4% above Barclays Bank base lending rate on any amount which is not paid on the due date, such interest being calculated on a daily basis and compounded monthly. Any consignment or part consignment of the products shall if so required by VTS at any time be treated as the subject of a separate contract and be paid for accordingly.

VAT

All prices quoted are exclusive of VAT which (together with any similar tax) shall be added at the appropriate rate and paid by the Buyer.

RETENTION OF TITLE

Legal and beneficial ownership of any consignment of the Products shall pass to the Buyer only when all amounts due from the Buyer to VTS in respect of such Products and all other products supplied by VTS to the Buyer have been received in full.  Until such time, the Buyer shall be entitled to sell the Products or otherwise deal with them in the ordinary course of its business but shall keep the Products separate and identifiable from any similar products held by the Buyer. If any default occurs then: The power of sale above shall automatically cease. VTS shall be entitled to enter the premises of the Buyer and to reclaim the Products. Upon VTS reclaiming the Products or part of them the Contract shall be deemed to have been cancelled in respect of the reclaimed Products only and VTS shall repay to the Buyer the purchase price for such Products less: All amounts owing from the Buyer to VTS on any account whatsoever (whether or not the same are due for payment); and the cost of reclaiming such Products.

LIABILITY

VTS' liability in respect of any defect in the Products whether in negligence, breach of contract or otherwise will be limited to replacing the defective Products without further charge or, where this is feasible and at VTS' option, to repairing defective Products.  VTS shall not be liable for any defect appearing in the Products due to improper use.

VTS will not in any event be liable for any indirect or financial losses arising out of any breach of contract or negligence on the part of VTS, including without limitation any lost of profits or business, liquidated damages or penalties and any claims against the Buyer by any third party.

No claim may be made against VTS in respect of defective Products after a period of time of 4 weeks from the delivery of the products to the Buyer, except in the case of defects which are not apparent on reasonable examination.

The Buyer shall be fully responsible for ensuring the safe and proper installation and use of the products.  The Buyer shall ensure that any instructions and warnings supplied by VTS shall be drawn to the attention of its employees handling the Products and, where relevant, to the attention of the Buyer's customers purchasing the Products from the Buyer.

Nothing in these Conditions shall limit or exclude VTS' liability for: Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable); fraud or fraudulent misrepresentation; Breach of the terms implied by section 12 of the Sale of Goods Act 1979; Defective products under the Consumer Protection Act 1987; or Any matter in respect of which it would be unlawful for VTS to exclude or restrict liability.

PRODUCT LIABILITY

The Buyer shall keep VTS indemnified on demand in respect of any claims which arise as Protection Act 1987 to the extent that such claims arise from any failure on the part of the Buyer to comply with the provisions of Condition 12.4 above.

FORCE MAJEURE

VTS shall not in any event be liable to Buyer in damages or otherwise for any failure to deliver or delay in the delivery of the Products which arises from any cause beyond VTS' reasonable control, including but not limited to shortages of products, raw materials or components, strikes, lockouts, other industrial action, acts of warfare (whether or not declared) or acts of God.

LAW

The contract (including these conditions) shall be governed by and construed in accordance with English Law.