Terms and conditions of sale

1. Interpretation

The following definitions and rules of interpretation apply in these Conditions.

  • 1.1 Definitions:
    • Business Day a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
    • Commencement Date has the meaning given in Clause 2.2.
    • Conditions these terms and conditions as amended from time to time in accordance with clause 20.9.
    • Contract the contract between NETV and the Customer for the supply of Goods and/or Services in accordance with these Conditions and the Order Document.
    • Control has the meaning given in section 1124 of the Corporation Tax Act 2010, and the expression change of control shall be construed accordingly.
    • Customer the person or firm who purchases the Goods and/or Services from NETV as set out in the Order Document.
    • Consumer a Customer, being an individual who, for the purposes of the purchase, is acting wholly or mainly outside of their trade, business, craft or profession.
    • Data Protection Legislation all applicable data protection and privacy legislation in force from time to time including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive (2002/58/EC) (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
    • Delivery Location the location set out in the Order Document (if any).
    • Force Majeure Event has the meaning given to it in clause 19.
    • Goods the goods (or any part of them) set out in the Order Document.
    • Goods Specification any specification for the Goods provided by NETV.
    • Intellectual Property Rights patents, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
    • NETV North East Truck & Van Limited registered in England and Wales with company number 02786349.
    • Order the Customer's order (verbal or in writing) for the supply of Goods and/or Services.
    • Order Document the estimate, quotation or order confirmation provided by NETV to the Customer.
    • Price the price for the Goods and/or Services as set out in the Order Document.
    • Services the services, supplied by NETV to the Customer, including repairs, paint spraying, livery applications, body work finishing and any other work as set out in the Service Specification.
    • Service Specification any description or specification for the Services provided by NETV to the Customer (if applicable)
    • Supplier Materials has the meaning given in clause 10.1.7.
  • 1.2 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
  • 1.3 A reference to a party includes its personal representatives, successors and permitted assigns.
  • 1.4 A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
  • 1.5 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
  • 1.6 A reference to writing or written includes fax and email.

2.Basis of contract

  • 2.1 The Order constitutes an offer by the Customer to purchase Goods and/or Services in accordance with these Conditions.
  • 2.2 The Order shall only be deemed to be accepted when NETV commences the provision of the Goods and / or Services requested by the Customer, or NETV issues acceptance of the Order (as applicable) at which point and on which date the Contract shall come into existence (Commencement Date).
  • 2.3 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
  • 2.4 Any quotation given by NETV shall not constitute an offer, and is only valid for a period of 30 days from its date of issue and may be withdrawn by NETV at any time.
  • 2.5 All of these Conditions shall apply to the supply of both Goods and Services except where application to one or the other is specified.

3. Authority to Drive

In connection with the supply of a vehicle or an inspection or testing or the preparation of any estimate in connection therewith, NETV shall be entitled to drive the vehicle on the road or elsewhere as it shall deem necessary. These provisions shall apply also to any vehicle offered by the Customer in part-exchange.

4. Delivery of Goods

  • 4.1 In the event that the Order Document states that the Goods are to be delivered, the following terms shall apply.
  • 4.2 NETV shall deliver the Goods to the Delivery Location at any time after NETV notifies the Customer that the Goods are ready and delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location.
  • 4.3 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. NETV shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event, delays by the manufacturer, or the Customer's failure to provide NETV with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
  • 4.4 If NETV fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. NETV shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event, delays by the manufacturer, or the Customer's failure to provide NETV with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods.
  • 4.5 If the Customer fails to accept delivery of the Goods within three Business Days of NETV notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by NETV's failure to comply with its obligations under the Contract in respect of the Goods:
    • 4.5.1 delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day following the day on which NETV notified the Customer that the Goods were ready; and
    • 4.5.2 NETV shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance).
  • 4.6 If ten Business Days after the day on which NETV notified the Customer that the Goods were ready for delivery the Customer has not accepted delivery of them, NETV may resell or otherwise dispose of part or all of the Goods and account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods.

5. Title and risk

  • 5.1 The risk in the Goods shall pass to the Customer on completion of delivery.
  • 5.2 Title to the Goods shall not pass to the Customer until the earlier of:
    • 5.2.1 NETV receives payment in full (in cash or cleared funds) for the Goods and any other goods that NETV has supplied to the Customer in respect of which payment has become due, in which case title to the Goods shall pass at the time of payment of all such sums; and
    • 5.2.2 the Customer resells the Goods, in which case title to the Goods shall pass to the Customer at the time specified in clause 8.4.
  • 5.3 Until title to the Goods has passed to the Customer, the Customer shall:
    • 5.3.1 store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as NETV's property;
    • 5.3.2 not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
    • 5.3.3 maintain the Goods in satisfactory condition and keep them insured against all risks for their full price on NETV's behalf from the date of delivery;
    • 5.3.4 notify NETV immediately if it becomes subject to any of the events listed in clause 17.1.2 to clause 17.1.4; and
    • 5.3.5 give NETV such information relating to the Goods as NETV may require from time to time.
  • 5.4 Subject to clause 8.5, the Customer may resell or use the Goods in the ordinary course of its business (but not otherwise) before NETV receives payment for the Goods. However, if the Customer resells the Goods before that time:
    • 5.4.1 it does so as principal and not as NETV’s agent; and
    • 5.4.2 title to the Goods shall pass from NETV to the Customer immediately before the time at which resale by the Customer occurs.
  • 5.5 If before title to the Goods passes to the Customer the Customer becomes subject to any of the events listed in clause 17.1.2 to clause 17.1.4, then, without limiting any other right or remedy NETV may have:
    • 5.5.1 the Customer's right to resell Goods or use them in the ordinary course of its business ceases immediately; and
    • 5.5.2 NETV may at any time:
      • 5.5.2.1 require the Customer to deliver up all Goods in its possession which have not been resold, or irrevocably incorporated into another product; and
      • 5.5.2.2 if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Goods are stored in order to recover them.

6. Supply of Services

  • 6.1 NETV shall supply the Services to the Customer in accordance with the Service Specification in all material respects.
  • 6.2 NETV reserves the right to amend the Service Specification if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and NETV shall notify the Customer in any such event.

7. Customer's obligations

  • 7.1 The Customer shall:
    • 7.1.1 ensure that the terms of the Order and Order Document and any information set out in the Goods and / or Service Specification are complete and accurate (if applicable);
    • 7.1.2 co-operate with NETV in all matters relating to the Goods and/or Services;
    • 7.1.3 provide NETV with such information and materials as NETV may reasonably require in order to supply the Goods and/or Services, and ensure that such information is complete and accurate in all material respects;
    • 7.1.4 obtain and maintain all necessary licences, permissions and consents which may be required for the Goods and/or Services before the date on which the Services are to start;
    • 7.1.5 comply with all applicable laws, including health and safety laws;
    • 7.1.6 ensure that any relevant statutory provisions are complied with, prior to the Customer using any Goods; and
    • 7.1.7 comply with any additional obligations as set out in the Service Specification and the Order Document.
  • 7.2 If NETV's performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):
    • 7.2.1 without limiting or affecting any other right or remedy available to it, NETV shall have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays NETV's performance of any of its obligations;
    • 7.2.2 NETV shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from NETV's failure or delay to perform any of its obligations as set out in this clause 10.2; and
    • 7.2.3 the Customer shall reimburse NETV on written demand for any costs or losses sustained or incurred by NETV arising directly or indirectly from the Customer Default.

8. Charges and payment

  • 8.1 The price for Goods:
    • 8.1.1 shall be the price set out in the Order Document; and
    • 8.1.2 shall be exclusive of any accessories, vehicle excise licence, painting, tipping gear, bodies, associated equipment, delivery or VAT. VAT shall be payable by the Customer at the rate prevailing at the date of the relevant invoice.
  • 8.2 The charges for Services shall be calculated on a time and materials basis as agreed:
    • 8.2.1 the charges shall be calculated in accordance with NETV's hourly fee rates (such rates to be reviewed and increased annually), as set out in the Order Document;
    • 8.2.2 NETV shall be entitled to charge the Customer for any expenses reasonably incurred by the individuals whom NETV engages in connection with the Services including travelling expenses, hotel costs, subsistence and any associated expenses, and for the cost of services provided by third parties and required by NETV for the performance of the Services, and for the cost of any materials.
  • 8.3 NETV reserves the right to:
    • 8.3.1 increase the price of the Goods, by giving notice to the Customer at any time before delivery, to reflect any increase in the cost of the Goods to NETV that is due to:
      • 8.3.1.1 any factor beyond the control of NETV (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
      • 8.3.1.2 any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, or the Goods Specification; or
      • 8.3.1.3 any delay caused by any instructions of the Customer in respect of the Goods or failure of the Customer to give NETV adequate or accurate information or instructions in respect of the Goods.
  • 8.4 NETV shall increase its prices for the provision of Goods and Services in line with commercial requirements and on an annual basis as a minimum.
  • 8.5 In respect of Goods, NETV shall invoice the Customer on or at any time after confirmation of the Order In respect of Services, NETV shall invoice the Customer on completion of the Services or within a reasonable timeframe thereafter.
  • 8.6 The Customer shall pay each invoice submitted by NETV:
    • 8.6.1 upon receipt of an invoice prior to delivery or collection of the vehicle or spare part, except in the case of approved credit customers for servicing or spare parts, in which case payment for such servicing or spare parts will be by the end of the month following the month of the invoice;
    • 8.6.2 in full and in cleared funds to a bank account nominated in writing by NETV, and time for payment shall be of the essence of the Contract; and
    • 8.6.3 in the case of approved credit customers, with respect to purchasing, servicing and spare parts under any breakdown scheme (as detailed in any documentation accompanying the Goods), NETV reserves the right to charge the Customer a handling charge equal to 10% of the invoice value, to a maximum of £50.00. Such sum shall be payable following receipt of invoice, in accordance with clause 8.5.1 above.
    • 8.6.4 in the case of parts purchased, where it is later decided or realised that these are no longer required by the customer, NETV reserves the right to charge the Customer a handling charge equal to 20% of the value of the part being returned up to a maximum of £150.00. Such sum shall be deducted from any refund monies or credit notes due to the Customer.
  • 8.7 Any queries in relation to invoices by NETV to the Customer must be raised in writing to NETV’s credit control team within 7 days of receipt of the invoice. Any queries raised outside of this time frame will not be considered and the invoice will be deemed to be accepted and payable.
  • 8.8 If the Customer fails to make a payment due to NETV under the Contract by the due date, then, without limiting NETV's remedies under clause 15.1 (Termination), the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 12.7 will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0% and all other invoices of NETV shall become immediately due and payable.
  • 8.9 NETV shall have the right to a lien over any goods of the Customer in the possession of NETV.
  • 8.10 If payments received from the Customer are not stated to refer to a particular invoice, NETV may appropriate such payments to any outstanding invoice.
  • 8.11 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

9. Intellectual property rights

All Intellectual Property Rights in or arising out of or in connection with the Goods and/or Services shall be owned by NETV.

10. Confidentiality

  • 10.1 Each party undertakes that it shall not at any time during the Contract, and for a period of five years after termination of the Contract, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 14.2.
  • 10.2 Each party may disclose the other party's confidential information:
    • 10.2.1 to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under the Contract. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party's confidential information comply with this Clause; and
    • 10.2.2 as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
  • 10.3 Neither party shall use the other party's confidential information for any purpose other than to perform its obligations under the Contract.

11. Warranties

  • 11.1 Except where the Customer is acting as a Consumer, in so far as liability may be placed upon NETV by the Consumer Rights Act 2015 or any other statutory provision, no warranty is given or implied as to the quality of Goods or Services by NETV or their fitness for any particular purpose whether known to NETV or not.
  • 11.2 Where the Goods provided are new Goods, these may be provided with a manufacturer warranty. No warranty is provided by NETV.
  • 11.3 Where the Goods provided are used Goods, these are sold in their existing condition. These may be provided with a manufacturer warranty. No warranty is provided by NETV.
  • 11.4 Where the Goods provided are parts only, whether as part of a service or repair or otherwise, these may be provided with a manufacturing warranty. No warranty is provided by NETV.
  • 11.5 NETV warrants that it shall supply the Services using reasonable care and skill.
  • 11.6 NETV will, however, in its absolute discretion and without prejudice to its right hereunder, correct all faults in services carried out by NETV and occurring by reason of NETV’s default or negligence and shown to be such to NETV’s satisfaction. Alternatively, NETV may chose to refund any money paid by the Customer for any Services or Goods.
  • 11.7 Subject to the remaining provisions of this clause set out below, NETV assigns to the Customer, the benefits of any applicable manufacturer’s warranty for the Goods and parts fitted to a vehicle in the course of a repair or service.
  • 11.8 NETV’s obligations under the Contract shall be mitigated or removed if any defect is caused or worsened by any of the following:
    • 11.8.1 failure to notify NETV of the defect;
    • 11.8.2 failure to afford NETV opportunity to rectify the problem;
    • 11.8.3 subjecting the Goods to misuse, negligence or accident or using the vehicle for racing, rallying or similar sports;
    • 11.8.4 installation of a part into the Goods not approved be either the manufacturer or NETV, or altering them in a way not approved by either the manufacturer or NETV;
    • 11.8.5 failure to adhere to maintenance instructions regarding the care, treatment or upkeep of the Goods, or in failing to have servicing and preventative maintenance carried out as recommended by either the manufacturer or NETV.

12. Limitation of Liability

  • 12.1 Nothing in this Agreement limits any liability which cannot legally be limited, including liability for:
    • 12.1.1 death or personal injury caused by negligence;
    • 12.1.2 fraud or fraudulent misrepresentation; and
    • 12.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
  • 12.2 Subject to clause 16.1, the Supplier's total liability to the Customer shall not exceed the Price. The Supplier's total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Agreement.
  • 12.3 The following types of loss are wholly excluded:
    • 12.3.1 loss of profits;
    • 12.3.2 loss of sales or business;
    • 12.3.3 loss of agreements or contracts;
    • 12.3.4 loss of anticipated savings;
    • 12.3.5 loss of use or corruption of software, data or information;
    • 12.3.6 loss of or damage to goodwill; or
    • 12.3.7 indirect or consequential loss.
  • 12.4 NETV shall have no liability to the Customer for any defect arising from:
    • 12.4.1 equipment, or components manufactured or supplied to NETV by a third party; or
    • 12.4.2 equipment or components not fitted by NETV.
  • 12.5 NETV has given commitments as to compliance of the Services with relevant specifications. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this Agreement.
  • 12.6 Unless the Customer notifies NETV that it intends to make a claim in respect of an event within the notice period, NETV shall have no liability for that event. The notice period for an event shall start on the day on which the Customer became, or ought reasonably to have become, aware of the event having occurred and shall expire 3 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.

13. Termination

  • 13.1 Without affecting any other right or remedy available to it, either party may terminate the Contract with immediate effect by giving written notice to the other party if:
    • 13.1.1 the other party commits a material breach of its obligations under the Contract and (if such breach is remediable) fails to remedy that breach within 14 days after receipt of notice in writing to do so;
    • 13.1.2 the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
    • 13.1.3 the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
    • 13.1.4 the other party's financial position deteriorates to such an extent that in the terminating party's opinion the other party's capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.
  • 13.2 Without affecting any other right or remedy available to it, NETV may terminate the Contract with immediate effect by giving written notice to the Customer if:
    • 13.2.1 the Customer fails to pay any amount due under the Contract on the due date for payment; or
    • 13.2.2 there is a change of control of the Customer.
  • 13.3 Without affecting any other right or remedy available to it, NETV may suspend the supply of Services or all further deliveries of Goods under the Contract or any other contract between the Customer and NETV if the Customer fails to pay any amount due under the Contract on the due date for payment, the Customer becomes subject to any of the events listed in clause 17.1.2 to clause 17.1.4, or NETV reasonably believes that the Customer is about to become subject to any of them.

14. Consequences of termination

  • 14.1 On termination of the Contract:
    • 14.1.1 the Customer shall immediately pay to NETV all of NETV's outstanding unpaid invoices and interest and, in respect of Services and Goods supplied but for which no invoice has been submitted, NETV shall submit an invoice, which shall be payable by the Customer immediately on receipt;
    • 14.1.2 the Customer shall return all of NETV’s Materials and any Goods which have not been fully paid for. If the Customer fails to do so, then NETV may enter the Customer's premises and take possession of them. Until they have been returned, the Customer shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Contract.
  • 14.2 Termination or expiry of the Contract shall not affect any rights, remedies, obligations and liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
  • 14.3 Any provision of the Contract that expressly or by implication is intended to have effect after termination or expiry shall continue in full force and effect.

15. Force majeure

Neither party shall be in breach of the Contract nor liable for delay in performing or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control (a Force Majeure Event).

16. General

  • 16.1 Data Protection. Each party shall comply with its obligations under Data Protection Legislation.
  • 16.2 Assignment and other dealings
    • 16.2.1 NETV may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.
    • 16.2.2 The Customer shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract without the prior written consent of NETV.
  • 16.3 Notices.
    • 16.3.1 Any notice given to a party under or in connection with the Contract shall be in writing and shall be:
      • 16.3.1.1 delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case).
    • 16.3.2 Any notice shall be deemed to have been received:
      • 16.3.2.1 if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;
      • 16.3.2.2 if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting;
  • 16.3.3 This clause 20.3 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
  • 16.4 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 20.4 shall not affect the validity and enforceability of the rest of the Contract.
  • 16.5 Waiver. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
  • 16.6 No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, or authorise either party to make or enter into any commitments for or on behalf of the other party.
  • 16.7 Entire agreement.
    • 16.7.1 The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
    • 16.7.2 Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misrepresentation based on any statement in the Contract.
    • 16.7.3 Nothing in this clause shall limit or exclude any liability for fraud.
  • 16.8 Third parties rights. Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
  • 16.9 Variation. Except as set out in these Conditions, no variation of the Contract shall be effective unless it is agreed in writing and signed by the parties (or their authorised representatives).
  • 16.10 Governing law. The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
  • 16.11 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.

Terms and conditions of purchase

GENERAL TERMS AND CONDITIONS OF PURCHASE

1. DEFINITIONS

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. GENERAL

  • 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 are designed.
    • (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 GENERAL

  • 7.1 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. INSURANCE

  • 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. CONFIDENTIALITY

  • 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

  • 14.1 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

15 TERMINATION

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

16. WAIVER

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

17. ASSIGNMENT

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.

Terms and conditions for the website

1. Introduction

  • 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.
  • 1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

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. Products

  • 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 info@netv.co.uk.

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. Variation

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. Assignment

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. Severability

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 info@netv.co.uk or by telephone on 01642 370 555.
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