- 1.1 These terms and conditions govern your use of our website.
- 1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
- 1.3 If you register with our website or make a purchase on our website, we will ask you to expressly agree to these terms and conditions.
- 1.4 You must be at least 18 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
2. Copyright notice
- 2.1 Copyright (c) 2019 North East Truck + Van Limited.
- 2.2 Subject to the express provisions of these terms and conditions:
- (a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
- (b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3. Licence to use website
- 3.1 You may:
- (a) view pages from our website in a web browser;
- (b) download pages from our website for caching in a web browser;
- (c) print pages from our website;
- (d) stream audio and video files from our website; and
- (e) use our website services by means of a web browser, subject to the other provisions of these terms and conditions.
- 3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
- 3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
- 3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
- 3.5 Unless you own or control the relevant rights in the material, you must not:
- (a) republish material from our website (including republication on another website);
- (b) sell, rent or sub-license material from our website;
- (c) show any material from our website in public;
- (d) exploit material from our website for a commercial purpose; or
- (e) redistribute material from our website.
- 3.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4. Acceptable use
- 4.1 You must not:
- (a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
- (b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- (c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- (d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
- (e) access or otherwise interact with our website using any robot, spider or other automated means;
- (f) violate the directives set out in the robots.txt file for our website; or
- (g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
- 4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
- 4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
- 5.1 The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.
- 5.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
- 5.3 Prices stated on our website may be stated incorrectly.
- 5.4 Any product reviews that you submit for publication on our website shall be subject to the terms of Section 9 and Section 10.
6. Registration and accounts
- 6.1 To be eligible for an individual account on our website under this Section 6, you must be at least 18 years of age.
- 6.2 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
- 6.3 You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.
7. Cancellation and suspension of account
- 7.1 We may:
- (a) suspend your account;
- (b) cancel your account; and/or
- (c) edit your account details, at any time in our sole discretion without notice or explanation.
- 7.2 You may cancel your account on our website using your account control panel on the website.
8. Your content: licence
- 8.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
- 8.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.
- 8.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
- 8.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
- 8.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
- 8.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
- 8.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
9. Your content: rules
- 9.1 You warrant and represent that your content will comply with these terms and conditions.
- 9.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
- 9.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
- (a) be libellous or maliciously false;
- (b) be obscene or indecent;
- (c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
- (d) infringe any right of confidence, right of privacy or right under data protection legislation;
- (e) constitute negligent advice or contain any negligent statement;
- (f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
- (g) be in contempt of any court, or in breach of any court order;
- (h) be in breach of racial or religious hatred or discrimination legislation;
- (i) be blasphemous;
- (j) be in breach of official secrets legislation;
- (k) be in breach of any contractual obligation owed to any person;
- (l) depict violence, in an explicit, graphic or gratuitous manner;
- (m) be pornographic[, lewd, suggestive or sexually explicit;
- (n) be untrue, false, inaccurate or misleading;
- (o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
- (p) constitute spam;
- (q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
- (r) cause annoyance, inconvenience or needless anxiety to any person.
10. Report abuse
- 10.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
- 10.2 You can let us know by email email@example.com.
11. Limited warranties
- 11.1 We do not warrant or represent:
- (a) the completeness or accuracy of the information published on our website;
- (b) that the material on the website is up to date; or
- (c) that the website or any service on the website will remain available.
- 11.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
- 11.3 To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
12. Limitations and exclusions of liability
- 12.1 Nothing in these terms and conditions will:
- (a) limit or exclude any liability for death or personal injury resulting from negligence;
- (b) limit or exclude any liability for fraud or fraudulent misrepresentation;
- (c) limit any liabilities in any way that is not permitted under applicable law; or
- (d) exclude any liabilities that may not be excluded under applicable law.
- 12.2 The limitations and exclusions of liability set out in this Section 13 and elsewhere in these terms and conditions:
- (a) are subject to Section 13.1; and
- (b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
- 12.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
- 12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
- 12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
- 12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
- 12.7 We will not be liable to you in respect of any special, indirect or consequential loss
- or damage.
- 12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
13. Breaches of these terms and conditions
- 13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
- (a) send you one or more formal warnings;
- (b) temporarily suspend your access to our website;
- (c) permanently prohibit you from accessing our website;
- (d) block computers using your IP address from accessing our website;
- (e) contact any or all of your internet service providers and request that they block your access to our website;
- (f) commence legal action against you, whether for breach of contract or otherwise; and/or
- (g) suspend or delete your account on our website.
- 13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
14. Third party websites
- 14.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
- 14.2 We have no control over third party websites and their contents, and subject to Section 13.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
15.1 We may revise these terms and conditions from time to time.
15.2 The revised terms and conditions will apply to the use of our website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions.
15.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
16.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
16.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
17.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
17.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
18. Third party rights
18.1 These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.
18.2 The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.
19. Entire agreement
- 19.1 Subject to Section 13.1, these terms and conditions, together with our privacy and cookies policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements between you and us in relation to your use of our website.
20. Law and jurisdiction
- 20.1 These terms and conditions shall be governed by and construed in accordance with English and Wales Law.
- 20.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
- 21. Statutory and regulatory disclosures
- 22. 22.5 Our VAT number is 602248084.
23. Our details
- 23.1 This website is owned and operated by North East Truck + Van Limited.
- 23.2 We are registered in England and Wales under registration number 02786349, and our registered office is at; Cowpen Bewley Road, Haverton Hill, Billingham, Cleveland TS23 4EX.
- 23.3 Our principal place of business is at; Cowpen Bewley Road, Haverton Hill, Billingham, Cleveland TS23 4EX.
- 23.4 You can contact us by writing to the business address given above, by using our website contact form, by email to firstname.lastname@example.org or by telephone on 01642 370 555.
GENERAL TERMS AND CONDITIONS OF PURCHASE
In the context of these terms and conditions, the following words shall have the following meanings:
"the Agreement" means these terms and conditions, the Order and the Specification;
"the Purchaser" means North East Truck & Van Limited or any of its subsidiary companies as identified in the Order
"the Supplier" means the person, firm, company or organisation to whom the Order is addressed.
"the Goods" means the goods or materials supplied in accordance with the Order.
"the Guarantee Period" means at least 12 months from acceptance by the Purchaser of (i) the Goods being put into service or (ii) the Services (or other period as specified in the Order).
"the Order" means the order is issued by the Purchaser for the supply of Goods overleaf.
"Services" means the services to be provided in accordance with the Order and the Specification.
"Specification"- means the technical or other description of the Goods or Services
"North East Truck & Van Group Company" means any subsidiary or holding company or associated company of North East Truck & Van Limited ‘subsidiary’ and ‘holding’ company having the definitions in Section 736 of the Companies Act 1985 (as amended).
2 1 These terms and conditions; together with the Order and the Specification, shall form the entire agreement between the Purchaser and the Supplier. If the Supplier’s documentation contains terms or conditions additional to or at variance with these terms and conditions every additional or varying term or condition shall have no effect.
2.2.1 In the event of any conflict between these terms and conditions and the Order or Specification the terms of the Order or Specification shall prevail.
2 3 The Purchaser will only be responsible for payment for the Goods or Services, if accompanied by a valid Supplier reference number and purchase order number
2.4 No alterations, modifications or amendment to the Order or the Specification, the quantities, type physical structure, specifications or standards are to be accepted or undertaken by the Supplier at the request of any employee of the Purchaser or its agent or representative or any other person unless and until written confirmation is received from a duty authorised representative of the Purchaser.
3. SUPPLY OF GOODS
3 1 The Purchaser reserves the right to refuse delivery of (or to return at the Suppliers cost and expense) any Goods delivered in excess of or in Iesser quantities than those stated in the Order.
3.2 The Purchaser reserves the right to inspect or test the Goods at any time during manufacture, processing storage or on delivery of Goods for compliance with the Order and Specification but inspection shall not in anyway relieve the Supplier from its obligations under these terms and conditions or from those existing at common law or under statute The Supplier shall procure that the Purchaser is granted reasonable access rights to undertake inspections.
3.3 In the event that the Goods or any part thereof fail inspection and/or testing the Purchaser (without prejudice to any of its other rights) reserves the right to charge the Supplier any cost in respect of travel and accommodation incurred by the Purchaser for subsequent re-inspection and/or re-testing (if any)
4. QUALITY OF GOODS
4 1 Without prejudice to the Purchasers statutory rights it is a condition of the Order that the Goods shall
(i) conform to the Specifications and the Order to the satisfaction of the Purchaser
(ii) be fit and sufficient for the purposes for which they are required,
(iii) be of merchantable quality and free from defects whether latent or patent.
(iv) be supplied with adequate information and instruction as to the use for which they
(v) be supplied with detailed information about any conditions or procedures required to ensure that, when put to use, the Goods will be safe and without risk to health.
(vi) comply in all respects with all statutory requirements and in particular the Sale of Goods Act 1979
4.2 In the event that the Goods or any part thereof fail to meet in full with the terms of Clause 4 l irrespective of the slightness of such failure, the Purchaser (without prejudice to any of its other rights) reserves the right to reject and/or return the Goods to the Supplier at the Supplier’s expense.
4.3 Any signature by or on behalf of the Purchaser on any delivery note will not signify acceptance of the quality or quantity of the Goods
4.4 If within the Guarantee Period any defect in the Goods shall be discovered or arise under normal use, attributable to faulty design, materials or workmanship, the Supplier shall, without prejudice to any other rights or remedies of the Purchaser, promptly remedy the detect either by repair to the Purchasers satisfaction or replacement without charge to the Purchaser.
4.5 The Supplier shall not be entitled to reject any claim made in respect of any defect arising within the Guarantee Period on the basis that the Purchaser failed to make the complaint during such period.
4.6 The provisions of this Clause shall apply to replacement or repaired Goods effective from the date of putting into service of such replacement or repaired Goods, but shall not prejudice any of the Purchasers rights resulting from any defects in the Goods.
5. DELIVERY OF GOODS
5 1 All Goods presented must be adequately packed for mode of delivery and type of Goods, at no cost to the Purchaser The Supplier shall be held responsible for any damage incurred due to bad or insufficient packing
5.2 Goods shall be delivered on the date, at the time and to the address specified in the Order. Time shall be of the essence in relation to delivery and the Purchaser shall be under no obligation to accept delivery of the Goods before the date or at a different address to that specified In the Order.
5.3 Supply of the Goods shall be effected by the Supplier at the Suppliers own risk and expense (including the risk of deterioration in the Goods necessarily incident to the course of transit).
5.4 Title and risk in the Goods shall remain with the Supplier until acceptance of the Goods by the Purchaser, unless the Supplier postpones delivery at the request of the Purchaser. in which case the title in the Goods shall pass to the Purchaser seven days after the date of receipt of notification from the Supplier that the Goods are due and ready for delivery or on such other date as may be agreed but the Goods shall nevertheless remain at the Suppliers risk until actual delivery has been completed.
6. REJECTION OR CANCELLATION OF ORDER
6.1 Without prejudice to its other rights the Purchaser reserves the right to cancel this Order for any reason and at any time upon giving the Supplier notice In writing. Save in the event of breach of contract by the Supplier a reasonable price will be paid by the Purchaser for all work in progress at the date of cancellation which is subsequently accepted by the Purchaser The Purchaser shall not be liable for any loss of profit, loss of contract, loss of business, loss of revenue or loss of goodwill or any other direct, indirect, special or consequential loss.
6.2 If the Goods do not comply with the Order, or any of the terms and conditions of the Order are breached or not complied with by the Supplier or it is the Purchaser’s opinion that the Supplier will be unable to perform its obligations or any of them under the Order, the Purchaser shall at its discretion be entitled (but not obliged) to treat the Order as repudiated or reject the Goods and/or rescind the Order (notwithstanding the property in the Goods may have passed) by giving written notice to the Supplier and the following conditions shall where appropriate apply
1. the Purchaser shall return to the Supplier or at its option may require the Supplier to collect the same at the Supplier’s risk and expense any rejected Goods or any Goods already delivered which by reason of non-delivery of the balance are not reasonably capable of use by the Purchaser and
2. the Purchaser may at its discretion require the Supplier either to restore or rectify the Goods or Services to the satisfaction of the Purchaser and at the Suppliers expense to replace any Goods so rejected upon the same conditions as herein stated and
3. the Supplier shall repay to the Purchaser any monies paid by the Purchaser in respect of rejected or undelivered Goods or Services and
4. the Supplier shall be fully accountable to the Purchaser for any direct or indirect loss the Purchaser may have suffered arising from or out of such repudiation, rejection and/or rescission, and
5. any such repudiation rejection and/or rescission shall be without prejudice to the accrued rights of either party
7. SUPPLY OF SERVICES
7 l Services shall be supplied in accordance with the Specification and in compliance with all statutory requirements. The Services shall be subject to the right of inspection at any time by the Purchaser but such inspection shall not relieve the Supplier of its obligations nor constitute acceptance of any part of the work.
7.2 Without prejudice to the Purchaser’s statutory rights the Services shall be carried out with exercising that degree of skill, diligence, prudence and foresight which would reasonably and Ordinarily be expected from a skilled and experienced provider of Services engaged in the same type of undertaking and under the same or similar circumstances and conditions as the Services
7.3 The Supplier shall supervise and direct the work using best skills and attention
BODY BUILD SERVICES
7.4 Where such Services involve and include Works to do with Vehicle Manufacturers vehicle, chassis and or associated equipment (i.e. mounting of bodies cranes/lifts etc) it is the Supplier’s responsibility to ensure that all works are done in accordance with the approved design specifications of the relevant vehicle manufacturer and that the Supplier has such approval from the Manufacturer to undertake such Works.
7.5 The Supplier will be responsible for the vehicle, chassis and or associated equipment whilst in their possession and or control and will be liable for all damage, loss and or destruction to the value of remedial works or cost price to the Purchaser in addition to that defined elsewhere within these Terms and Conditions.
7.6 The Supplier will be responsible for completing works in accordance with order details both in specification and time and in the event of failure to meet either or both the Supplier will be liable for any direct or indirect loss the Purchaser may have suffered arising out of the Suppliers failure.
7.7 The Supplier has no right to exercise any lien over any vehicle, chassis or associated equipment in resolution of a dispute if the Purchaser has acted in accordance with the Terms and Conditions and the Supplier has, in the opinion of the Purchaser, not fulfilled their commitments.
8. TIME FOR ACCEPTANCE OF SERVICES
8 1 The Supplier shall start the work on the date set out in the Order and carry the work to completion with the utmost speed and by the date specified in the Order. Time for the Suppliers performance is of the essence
8.2 No delay will be accepted by the Purchaser unless agreed by the Purchaser in writing and the Supplier shall have no claim against the Purchaser any increase in the contract price or for any damage or loss resulting from such delays.
8.3 The price quoted for the Services shall be taken to include all premium time or overtime required to properly man the job within the timescale set out in the Specification or Order without interference to the Purchaser’s operations.
8 4 The Purchaser shall be under no obligation to accept the Services until the Supplier has complied in all respects with the Specification and delivered to the Purchaser copies of all necessary plans, manuals, and instructions to cover the proper operation and maintenance requirements for the Services and (if agreed in the Order) provided adequate training to the Purchasers personnel.
9. PRICE & PAYMENT
9.1 Prices shall remain as stated in the Order and shall not be subject to variations.
9.2 Prices quoted shall be exclusive of Value Added Tax but shall be deemed to be inclusive of any other form of purchase tax and/or import duties applicable from time to time unless the contrary is expressly stated or is clear from the face of the document on which the price is quoted. Value Added Tax at the appropriate rate where chargeable shall only be paid by the Purchaser on receipt of a valid Value Added Tax invoice.
9 3 Payment shall be due at the end of the month following the month of the receipt of invoice provided that the period for payment shall not begin to run until the date of acceptance of the Goods or Services by the Purchaser, unless there is either a formal Agreement in place or in the case Body Build Services suppliers, these services will be paid within 7 days of the Purchaser receiving funds from their Customers.
9.4 The Purchaser reserves the right to deduct from any monies due or becoming due to the Supplier any monies due from the Supplier to the Purchaser whether under the Order or otherwise or any other North East Truck & Van Group Company in respect of materials supplied or services rendered by the Purchaser or any other sums due to the Purchaser from the Supplier.
10. WARRANTIES AND INDEMNITIES
10.1 The Supplier warrants that –
(a) It has full beneficial title to the Goods and passes title to the Purchaser with full title guarantee; and
(b) It will strictly comply with all applicable laws and regulations, and
(c) It has all necessary licences and consents to enable it to carry out Services, and the provision of the Goods and Services any way infringe any rights of any third party; and
(d) Services will be performed by appropriately qualified and trained personnel; and
(e) All statements and representations made in respect of the Goods and/or Services prior to the submission of the Order are accurate and the Seller acknowledges the Purchaser’s reliance on the same;
(f) Where applicable, the Supplier warrants that the Goods have any necessary export or import licences and comply with all relevant governmental regulations
10.2 The Supplier shall indemnify the Purchaser and keep the Purchaser indemnified against any breach of any of the above warrantees and particular against any toss, claim, liability or expense in respect of claims that the Goods or Services infringe the intellectual property rights of any third party.
10 3 If at any time allegation of infringement of any intellectual property right is made in respect of any Goods or Services or if the Purchasers reasonable opinion is likely to be made, then the Supplier, if it is able to do so and if the Purchaser shall first have consented (which consent may be given or withheld at the Purchaser’s entire discretion),will (at its own cost) either:
(1) procure for the Purchaser the right to continue to use the Goods or Services for the Purchaser’s purposes without infringing any intellectual property rights in any way; or
(2) replace the Goods (or amend the Services) with Goods or Services which do not infringe any intellectual property rights, so long as such replacement or amendment shall be entirely compatible with and of no lesser functionality than the allegedly infringing or Services and shall comply in all material respects with the Specifications; provided that any such procurement or replacement as aforesaid shall not affect any other right or remedy of the Purchaser arising under the Agreement in respect of the loss or damage it has suffered
10 4 The Supplier shall indemnify the Purchaser against the following:
(1) loss, damage or personal injury (including death) whatsoever wheresoever and whensoever arising, due to the negligent omission of Supplier or its servants, agents or sub-contractors arising from any alleged fault or defect (howsoever arising) in the materials, workmanship or quality of the Goods or Services manufactured by or for or supplied to the Supplier and against all claims, demands, proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto;
(2) loss or damage to property of the Purchaser or third parties and all claims in respect of personal injury (including death) caused to or by any of the employees, servants, agents or sub-contractors of the Supplier while on the Purchasers premises In performance of this Order
11.1 The Supplier shall maintain adequate insurance to the full replacement value of the Goods prior to delivery or whilst the risk lies with the Supplier in accordance with Clause 5.
11.2 The Supplier shall carry Product Liability Insurance for an amount of not less than £5,000,000 on delivery and during the Guarantee Period
11.3 The Supplier shall, at its expense, carry and maintain Public and Employers liability Insurance for an amount of not less than £5,000,000 any one occurrence at all times during the execution of the Services.
11.4 The Supplier shall (if applicable) carry Contract Works or Contractors (All Risks) insurance for the full value of the contract works.
12. INTELLECTUAL PROPERTY
12.1 If the Goods or Services are manufactured or supplied to the Purchaser’s designs or specifications, or where the Purchaser has paid or is to pay the Supplier for design or research or development work, ownership of such works, designs, data. inventions and improvements including all intellectual property rights shall belong solely to the Purchaser and the Supplier will, upon request, take all necessary steps to vest such rights in the Purchaser
12.2 The Supplier shall not, without the Purchasers prior written consent, use the Purchasers trade marks or trade names or any derivative
13.1 The Agreement and the subject matter thereof shall be treated as confidential between the parties and shall not be disclosed or publicised by the Supplier to any third parties for any reason without the Purchasers prior written consent.
13.2 The Supplier shall not advertise, announce, or otherwise publicise in any form or co-operate or allow to be advertised, announced or otherwise publicised that Goods or Services are to be or have been supplied by it to the Purchaser or otherwise use the Purchaser’s name or any other form of identity without the Purchasers prior written consent
13.3 The Supplier shall not copy or otherwise make available to any third party any Specifications, drawings, patterns, tools, toolings of any kind, written instructions, or other instructions or technical papers supplied by the Purchaser or produced by the Supplier at the Purchasers cost for the purpose of the Agreement and the same shall remain the property of the Purchaser and must be returned to the Purchaser or demand free of charge
14. FORCE MAJEURE
14.l The Purchaser shall not be liable to the Supplier for failure to accept delivery of the Goods or Services resulting from any cause beyond the Purchaser’s reasonable control including but not limited to any breakdown of plant or apparatus, fire, explosion, accident, strike or blackout.
14.2 If the Supplier fails to perform any part of the Agreement by reason of any event or cause specified in the preceding sub-clause the Purchaser may at its discretion suspend or cancel the delivery of the Goods and/or the performance of the Services without any liability to the Supplier for payment
Either party may terminate the Agreement immediately if:
(1) there is a breach by the other which is not remedied within 14 days of being given notice to do so to the satisfaction of the other or
(2) if the other is repeatedly in breach and having been given notice that any further breach might result in termination, if in breach again, or
(3) if an interim order is applied for or made, or a voluntary arrangement approved, or If a petition for a bankruptcy order is presented or a Bankruptcy order is made against the other, or if a receiver or trustee in bankruptcy is appointed, or a voluntary arrangement is proposed or approved or an administration order is made. or a receiver or administrative receiver is appointed of any of the others assets or undertaking or a winding up resolution or petition is passed or presented (otherwise than for the purposes of reconstruction or amalgamation). or if any circumstances arise which entitle the court or a creditor to appoint a receiver, administrative receiver or administrator or to present a winding up petition or make a winding up order or if the other takes or so offers any similar or analogous action on account of debt
Failure by the Purchaser to exercise or enforce any right conferred by the Order shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or of any other right on any later occasion
No assignment or sub-contracting Is permitted except that the Purchaser may assign to another North East Truck & Van Group Company
18. THIRD PARTY RIGHTS
A person who is not a party to the Order has no rights under the Contracts (Rights of Third Parties) Act 1999
19. LAW AND JURISDICTION
This Agreement shall be governed and construed and interpreted in accordance with English law. The parties hereby agree to submit to the sole jurisdiction of the English Courts in respect of any dispute arising out of or in connection herewith
Terms and Conditions of Competitions
1. There is no entry fee and no purchase necessary to enter any of our competitions.
2. By entering our competitions, an entrant is indicating his/her agreement to be bound by these terms and conditions.
3. Route to entry for the competition and details of how to enter are via www.northeasttruckandvan.com also via the following North East Truck & Van Social platforms; Facebook, twitter and LinkedIn.
4. Only one entry will be accepted per person. Multiple entries from the same person will be disqualified.
5. Employee of North East Truck & Van or any associated company of North East Truck & Van are not eligible to enter the competition.
6. Closing date for entry will be clearly stated on all materials . After this date the no further entries to the competition will be permitted.
7. No responsibility can be accepted for entries not received for whatever reason.
8. The rules of the competition and how to enter must be met in order to qualify for any competitions.
9. North East Truck & Van reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the North East Truck & Van’s control. Any changes to the competition will be notified to entrants as soon as possible by North East Truck & Van.
10. The prize is as stated and no cash or other alternatives will be offered. The prize is not transferable.
11. Winners will be chosen on date provided.
12. The winner will be notified by email and/or DM on Twitter/Facebook and/or letter within 28 days of the closing date. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
13. North East Truck & Van will notify the winner when and where the prize can be collected / is delivered.
14. The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current [UK] data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
15. Entry into the competition will be deemed as acceptance of these terms and conditions.
16. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network. You are providing your information to North East Truck & Van Ltd and not to any other party.