Terms and Conditions of Sale

GENERAL

  1. Unless otherwise agreed in writing by Newton Trailers Ltd. (hereinafter referred to as 'the Company) all orders are accepted subject to the following conditions. All other conditions whatsoever are excluded from the Contract or any variation thereof.
  2. Price shown on the website are not binding on the Company and are only available for acceptance for a maximum period of 14 days from the date viewed. The Company is not bound by any order until it has issued an acknowledgement of the order.
  3. In these conditions the word 'goods' shall mean new body work, hydraulic tipping gears and hydraulic machinery or parts thereof and all other items manufactured, serviced or supplied by the Company.

PRICES

  1. All prices are quoted net ex-works and are subject to fluctuation in the event of any increase in the cost of labour due to National Awards or increase in the costs of materials and overheads. Any increase in such costs during the period of production will be added to the quoted price.
  2. In the event of any alteration being required by the buyer in design specification or quantities the Company shall be entitled to make an adjustment of the Contract price corresponding to any increased cost incurred by the Company as a result of such alteration.
  3. The cost of carriage and packaging if required by the buyer shall unless otherwise stated be charged extra. The cost of packing cases will be credited to the buyer on their return to the Company in good condition carriage paid within one month of despatch to the buyer.
  4. We have decided to arrange the website parts supply as a deferred payment contract. Our contract to fulfill your order is not crystallized until the full process stated here is complete. This means we have decided not to take your money when you enter and process your credit card transaction. We will review your order after you have entered your credit card details and sent them as an order to us. If we cannot fulfill your order we will contact you either by your telephone number or via your email address. We will then void your payment transaction. The primary reason for this arrangement is to give you a better service and not have you believe goods are available when they are not. There is an explicit second reason. That being, should we have made a gross error of data inputting on our website be it price (either higher or lower than stated), stock level or specification of goods then we cannot complete the contract process and the transaction is deemed void.

DELIVERY

  1. Delivery shall be taken by the buyer within seven days of notification that the goods are available. Where payment is not made and/ or where the buyer does not accept delivery within seven days of notification the buyer shall pay interest on the total account from the date of notification until the date of payment at the rate of two per cent per annum over Nat West Bank plc base rate for the time being on a day to day basis with a minimum interest charge of five per cent per annum.
  2. In addition to such interest as herein before charged the buyer shall be liable to the Company for any loss or costs arising from non-payment non-acceptance of delivery and for a reasonable charge by the Company for the care custody storage and insurance of the goods and the Company shall be at liberty to sell the goods and retain all unpaid charges out of the proceeds of sale but without prejudice to any claim the Company may have against the buyer in respect of any loss so arising to the Company.
  3. Time for delivery is given as accurately as possible but is not guaranteed. The buyer shall have no right to damages or to cancel the order for failure for any cause to meet the delivery time stated. Date of delivery shall in every case be dependent upon receipt of final instructions and approvals being obtained from the buyer.
  4. Subject as herein before provided the Company will endeavour to comply with reasonable requests by the buyer for postponement of delivery but shall be under no obligation to do so. Where postponement is agreed by the Company in writing the buyer shall pay all costs and expenses including a reasonable charge for storage occasioned thereby. Times quoted for delivery refer only to the date of completion of the goods at the Company's works.

RISK INSURANCE

  1. Risk shall pass to the buyer when the goods or the relevant part thereof the premises of the Company for the delivery to the buyer not withstanding that the Company may be responsible for delivery.
  2. Notwithstanding delivery and the passing of risk the title in the goods shall not pass to the buyer until the buyer shall have paid in full all moneys owing under this or any other contract with the Company.
  3. If the buyer shall be in breach of the terms of the contract then all moneys owed by the buyer to the Company, whether under this Contract or otherwise, shall become immediately due and payable and the buyer hereby grants to the Company or its agents an irrevocable licence to enter upon the buyer's premises to recover and/or resell such goods as the Company may deem necessary to recover all sums owing to it by the buyer together with any reasonable costs of the Company so incurred.
  4. Until all moneys owing to the Company (whether under this contract or otherwise) have been paid in full the goods shall remain the absolute property of the Company and the buyer shall hold the goods in a fiduciary capacity as bailee, and shall keep the goods separate from those of the buyer and third parties and properly stored, protected and insured and identified as the Company's property, but shall be entitled to resell or use the goods in the ordinary course of its business.
  5. If these terms are held to be invalid to reserve the Company's title to the goods delivered under this contract by reason of the reservation of title until all goods delivered to the buyer by the Company have been paid for then nevertheless ownership of the goods delivered under this Contract shall remain with the Company until those goods themselves have been paid for.
  6. The buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the Company but if the buyer does so, all moneys owing by the buyer to the Company shall (without prejudice to any other right or remedy of the Company) become immediately due and payable.
  7. In the event of the goods or any part thereof being constructed, erected or incorporated in any part of the buyer's property or property belonging to a third party which is in the possession and control of the buyer, then in the event of:
    1. The sale of such property the buyer shall hold that part of the proceeds of sale of the said property as is attributable to the goods (or such part of the goods as are contained in or affixed to the said property) on trust for the Company and will account to the Company for the part of the said proceeds of sale as are attributable to the goods.
    2. The Company becoming entitled to repossess any goods by virtue of these conditions then the Company may take such steps as reasonably necessary to remove from the said property the goods which belong to the Company and the buyer shall be responsible for any damage to the goods and/or the said property howsoever occasioned.

MOT'S

  1. Customers who book an MOT must appear on site at Ridgmont and have made themselves to the MOT reception 15 minutes prior to their test time.
  2. Failure to attend at the correct booked test time will mean that the customer agrees to being charged in full for the test as if they had attended as contracted. There will be no refunds for non attendance under any circumstances. It is totally up to the discretion of the VOSA and Newton staff should a vacant slot be available to allow the customer to remain on site at Ridgmont and be tested.
  3. In the event that a VOSA member of staff is not on site to carry out MOT inspections then Newton will refund the test fee to the customer. Newton Trailers Limited cannot be held liable for any consequential losses; such as travel time; loss of hours; loss of business caused by non attendance of VOSA staff. In effect this is force majeure.
  4. Should Newton not be able to test on a particular booked day Newton will endeavour (but not guarantee) to notify the customer of this date cancellation and refund in full the fees taken for that test.
  5. We are unable to test trailers/vehicles which carry dangerous goods at the time of the test.

CANCELLATION

  1. Cancellation will only be agreed by the Company on condition that all costs and expenses incurred by the Company up to the time of cancellation and all loss of profits and other loss or damage resulting to the Company by reason of such cancellation will be reimbursed by the buyer to the Company forthwith.

TERMS OF PAYMENT

  1. If the buyer shall make default in or commit breach of the Contract or of any of its obligations to the Company or in case of non-payment or threatened non-payment of any instalment due under the Contract or if any distress or execution shall be levied upon the buyer's property or assets or if the buyer shall make an offer to make any arrangement or composition with creditors or commit any act of bankruptcy or if any petition or receiving order in bankruptcy shall be presented or made against him or if the buyer is a limited company and any resolution or petition to wind up such company's business shall be passed or presented (otherwise than for reconstruction or amalgamation) or if a receiver of such company's undertaking property or assets or any part thereof shall be appointed the Company shall have the right forthwith to determine any Contract then subsisting and upon written notice of such determination being posted by the Company to the buyer's last known address any subsisting Contract shall be deemed to have been determined without prejudice to any claim or right the Company might otherwise exercise.
  2. Goods may be returned for credit only at the discretion of the Company but will then be subject to a handling charge.

DESIGN AND DATA

  1. Illustrations, weights, measures and performance schedules set out in the sales literature of the Company including this website are statements of opinion and are provided for information only and form no part of the Contract.
  2. The Company reserves the right without notice and without affecting and validity of the Contract to make such changes and / or improvement in materials, dimensions and design as it thinks reasonable and desirable.
  3. It is an express condition of acceptance of an order that unless otherwise agreed goods sold by the Company shall not be exhibited by the buyer nor shall he permit them to be exhibited at any exhibition in the United Kingdom.

GUARANTEE

The following guarantee shall apply (and in this clause the term 'goods' is defined within the limitations set out in sub-clause (6) hereof).

  1. Subject to the following provisions the Company guarantees that the goods have been manufactured in a good and workmanlike manner to a reasonable standard and with materials suitable for the purpose. This guarantee shall not apply if:
    1. the goods cease to be owned by and in the possession and control of the buyer.
    2. in the case of hydraulic tipping gears and body work a load has at any time been imposed in excess of the chassis and tipping gear manufacturer's recommendations.
    3. the goods have without written consent of the Company been altered or repaired otherwise than by the Company.
    4. any tipping gear has been fitted by any person other than in accordance with the Company's current fitting instructions and drawings.
    5. designs other than the Company's own are used or work is done contrary to its standard practice or against its advice.
    6. defects are aggravated by continued use after the defects ought reasonably to have been discovered.
    7. if a body has been fitted which in the opinion of the Company is unsuitable.
  2. No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the goods or that they will be suitable for any particular purpose or for use under any specific conditions notwithstanding that such purpose or condition may be known or made known to the Company.
  3. Goods represented by the buyer to be defective shall not form the subject of any claim for work done by the buyer or for any loss or damage or expense whatsoever arising directly or indirectly from such defects but such goods if returned to the Company and accepted by it as defective will at the request of the buyer and if practicable be replaced as originally ordered. Defects in quality or dimensions in any delivery shall not be a ground for cancellation of the remainder of the order or Contract.
  4. Guarantee Period: 12 months unless otherwise stated.
  5. This guarantee excludes every form of liability for every form of consequential loss or damage. The Company will only be liable under this guarantee for the exchange or repair of any part or parts which have proved to be defective as a result of faulty workmanship or materials and the Company shall not be liable for any consequential loss or damage arising out of such defects.
  6. The Company will not be responsible for any expense which the buyer may incur in removing or having removed or in replacing or having replaced any part or parts to be sent for inspection or in fitting or having fitted any new part in lieu thereof and all labour expended on any such inspection or any other work must be paid for by the buyer. The Company guarantees only those goods which are bought direct from the Company or from a Company distributor or from a motor manufacturer or bona fide motor trader or body builder (or in the case of hydraulic machine tools from a bona fide machine tool dealer). In particular this guarantee does not apply to proprietary articles not manufactured by the Company but the buyer may have the benefit of any guarantee carried by such articles which is capable of assignment.
  7. This guarantee does not cover defects attributable to fair wear and tear, dirt, mis-use neglect or accident.

LIABILITY

Except in respect of death or personal injury caused by the Company's negligence, the Company shall not be liable for and the buyer shall indemnify the Company against any claim made by reason of representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at company law, or under the express terms of the contract, for any direct, special or consequential loss or damage (whether for loss of profit or otherwise) costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company its employees agents or otherwise) which arise out of or in connection with the supply of the goods for their use or resale by the buyer.

REGULATIONS

Where the components supplied are 'safety-critical' the liability of the Company shall be limited to the standard of production required by the appropriate quality control procedure of the Company at the relevant time and no responsibility is accepted by the Company for failure to comply with any regulations or requirements of any governmental or other authority.

CONFIDENTIAL INFORMATION

All drawings documents and other information supplied by the Company is supplied on the express understanding that the buyer will not without the written consent of the Company:

  1. Give away, loan, exhibit or sell any such drawings or extracts therefrom or copies thereof
  2. Use them in any way except in connection with the components for which they are issued.

SUB-CONTRACTORS

The Company shall be entitled to appoint one or more sub-contractors to carry out all or any of its obligations hereunder and hereinbefore.

FORCE MAJEURE

The Company shall be under no liability for any delays loss or damage caused wholly or in part by causes beyond the Company's control including without limitation any act done pursuant to a trade dispute whether such dispute involves the Company's servants or not or otherwise arising out of any act matter or thing which is out of the control of the Company.

LEGAL

  1. The Contract shall be governed and interpreted exclusively according to the Law of England and any arbitrator under the next following clause shall be governed by English Arbitration Law.
  2. Any dispute arising hereout or difference as to the interpretation of these Conditions shall be referred to the final decision of a single arbitrator in England to be nominated by the parties or in default of agreement between the parties by the President of the Society of Motor Manufacturers and Trades Limited.