Blairs - Conditions of sale

CONDITIONS OF SALE

BLAIRS SUPERTYRE DISTRIBUTORS LIMITED (known hereafter as BLAIRS) CONDITIONS OF SALE APPLYING TO GOODS

Payment for goods is cash before delivery basis unless a formal account has been opened with Blairs. Payment for goods sold on credit shall be by the 20th of the month following the date of the invoice unless a written arrangement is made between the customer and Blairs. If the purchaser does not make payment by the due date, Blairs reserves the right to charge a penalty on the overdue account at the rate of 2.5% per month and all collector’s costs.

Risk in the goods supplied passes when Blairs deliver or supply the goods to any acting agent of the customers. This includes goods placed on transport. Any shortages of delivery must be notified within 7 days of placement of order.
The purchaser shall take out all risk insurance to cover any goods in his possession that remain in the property of Blairs.
Ownership of goods remains the property of Blair’s until full payment has been made. If payment is not made on the due date or if the purchaser goes into bankruptcy, liquidation or receivership, we shall without prejudice to any other remedies, be entitled to enter the purchasers premises to retake possession of the goods and hold them until payment in full has been made or at our option, to sell them at such price we shall elect.

WARRANTY

The goods supplied by Blairs are subject to the various warranties set out in the Consumers Guarantees Act and other legislative requirements.
Without prejudice, we will give consideration to any complaint in respect of any goods supplied by us and if in our sole discretion we believe the complaint is justified we will, upon the return of the product to us, transportation prepaid and upon the completion by you of the appropriate documentation, consider either repairing the product free of charge or making an allowance as we, in our sole discretion, consider reasonable when all circumstances are taken into account.
All complaints must be within 5 years of the date of manufacture of goods.

LIMITATION OF LIABILITY AND INDEMNITY
Subject to clause 5 of these Conditions and subject to all rights and remedies which are provided under legislation and which cannot be excluded by agreement, the Buyer indemnifies and holds harmless Blairs and its officers, employees and agents from and against all actions, claims, proceedings or demands which may be brought or made against it or them or any of them in respect of any loss, injury, or damage arising out of any breach of this agreement by Blairs or any negligent act or omission of Blairs and from and against all damages, costs and expenses incurred in defending or settling any action, claim, proceeding or demand arising from such breach, act or omission. Without limiting the clause 5, Blairs expressly disclaims responsibility for any goods that are:
1. Damaged by accident;
2. Fitted to or used on rims or wheels that do not comply to manufacturers specifications;
3. Used on wheels or rims that are out of alignment, damaged or rusty;
4. Used to carry loads or operate at speeds which are outside the recommended guidelines;
5. Altered, reprocessed or repaired in any way other than by or through Blairs and;
6. Fitted or used in breach of manufacturers conditions of use or technical specifications as published from time to time.

PRICES are subject to change without notice and outstanding orders are supplied at the price that is operational at the date of delivery. This list does not constitute offer to supply. Blairs shall not be liable to you for failure to supply or delays in supply. Prices include delivery to any main town on four or more new tyres or boxes of tubes only. Transport other than Blairs normal carriers will be charged for.

SUITABILITY FOR BUYERS PURPOSES
You must satisfy yourself that the goods as ordered are fit suitable for the purposes for which they are required and we give no
warranty nor will accept any liability in respect of their fitness or suitability for your purposes. If there is any matter or thing by reason whereof you allege that the goods are not in accordance with the contract, notice thereof shall be given to us immediately; if you fail to give such notice within five working days after the arrival of the goods at the place of delivery, the goods shall be deemed to be in all respects in accordance with the contract. If such notice is given, you shall facilitate a proper investigation by us of any defect or complaint. In any event there shall not be any liability on us for any consequential loss, injury or damage caused or alleged to have arisen by reason of any failure or defect whatsoever in respect of any goods supplied.

SPECIFICATIONS
We reserve the right to change specifications of any goods at any time without prior notice.

Credit sought for returned goods are only given if the goods are received free of charge back to Blairs store within 14 days of original invoice date. For goods supplied freight free and then returned for reasons not our own, a credit will be passed less 15% of the original purchase price to allow for the original handling cost. Credits sought for goods after 14 days of original invoice

will only be considered at Blairs discretion.

Prices listed are not given or implied as a retail selling price but listed for you to work out your purchase price.

ACCEPTANCE OF CONDITIONS OF SALE
The placing of any order for goods with us by you henceforth shall constitute deemed acceptance of these conditions of sale.