Terms and Conditions of Sale

APRIL 2018 (Replaces all previous issues)

These Terms and Conditions of Sale for Ken Ellis and Son Ltd are to include the trading title Ellis Components, herein referred to as the Company.

  1. Orders for the supply of goods are accepted on the understanding that these Terms and Conditions of Sale are agreed and will be strictly adhered to.
  2. Quotations for the supply of goods are valid for acceptance within 30 days and are subject to revision at any time. All prices quoted are ex-works and exclusive of VAT.
  3. Pictures and drawings may not be a true representation of the product.
  4. You are responsible for ensuring the accuracy of your order.
  5. The Company reserves the right to reject any order received from current or new Buyers.
  6. The Company reserves the right to increase the quoted price if:

    • There is an increase in any costs payable by the Company between the date of quotation and dispatch of the goods beyond the reasonable control of the Company including (without limitation) foreign exchange fluctuations, increase in taxes and duties, and increases in labour, materials and other manufacturing costs
    • The Buyer requests to change the delivery date(s), quantities or types of goods ordered, or the specification for the goods
    • There is a delay caused by any instructions of the Buyer or failure of the Buyer to give the Company adequate or accurate information or instructions
    • Any typographical clerical or other error or omission in any sales literature acceptance of offer (including prices) or other document or information issued by us is subject to amendment by us where reasonable in all of the circumstances to do so.
    • Customers utilising scheduling against blanket/open orders are requested to show on all schedules at least 16 weeks forward planning. During this period, those requirements which fall within the stated lead time for the part concerned will be considered firm to deliver and not subject to deferment or reduction. Should cancellation of any order, or schedule requirements to an order, occur when any requirement falls within the quoted lead time the customer will be deemed liable for the full cost of any parts procured to meet that requirement.
      Fixed quantity / closed orders are considered firm to deliver and not subject to deferment or reduction within the stated lead time for the part concerned. Official purchase orders are required, preferably by e-mail. Orders with a nett value of less than £100 per delivery may be subject to a surcharge.
    • Bosch Motorsport parts which are supplied for use by Motorsport professionals in Motorsport applications only. Standard warranty conditions do not apply to these or any other parts used in Motorsport applications. The use of Bosch Motorsport products on public roads is prohibited. Please use Bosch Motorsport products exclusively on closed-course racetracks.
    • Whilst small stocks of certain items may be kept from time to time, the availability of goods will be subject to manufacturer’s current lead-times.
    • The Company is not responsible for the application and use of goods supplied to customer’s orders. Orders will be fulfilled utilising part number information only. Such part numbers are to be those of The Company or those of the manufacturers we represent. Warranty is limited to credit or free replacement of failed parts and does not include labour charges or consequential damage. In the event of any failure of goods supplied, all claims for replacement or reimbursement are subject to the decision of the manufacturer and are limited to a maximum period of 12 months from date of supply. Warranty conditions do not apply to goods supplied outside of the UK and non-validated applications.
    • Goods supplied correctly as per customer orders will not be accepted for return for credit or substitution.
    • Every effort will be made to conform to customer’s delivery requirements, but The Company will not be responsible for any delays arising from situations outside their control. Any date of delivery given by the Company
      to the Buyer shall be an estimate date only and while the Company will endeavor to comply with any such date, the Company shall not be responsible for late delivery and time of delivery shall not be of the essence of the order.
    • Risk of damage to or loss of your product(s) shall pass to you on delivery of them via our couriers or once collected from us using your couriers.
    • Claims for shortages or damage to goods must be made to The Company within 5 working days of receipt of the goods.
    • Credit account facilities may be provided subject to the provision of suitable and acceptable references and will be maintained subject to the following conditions:
    • Terms of payment for account customers are that full payment is due by the 30th day following the month of invoice.
    • Non account customers are required to make full payment before despatch of goods.
    • Advance payment may be required for special order items.
    • If payment has not been received by the due date deliveries may be suspended until such time as the account has been paid in full.
    • Any account which has deliveries suspended on a regular basis will be closed at the discretion of The Company. In the event of such a situation occurring customers will be supplied goods on a Pro Forma Invoice basis only.
    • All goods shall remain the property of the Company as legal and equitable owner of the goods until payment for the goods due under the order have been received in full by the Company. Until the goods are fully paid for the Buyer should not remove, deface or obscure any identifying mark(s) on the goods or packaging, maintain the goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery. The Company shall be entitled to serve notice on the Buyer indicating its intention to retake possession of the Companies goods if the Buyer is in breach of the payment terms mentioned when applying for a credit account. On receipt of such notice from the Company, the goods shall be immediately returned to the Company free of charge and/or the Company by its employees or agents shall have the right (without trespass) to enter upon any land, building or vehicles of the Buyer to take possession of the goods.
    • The Company shall not be liable for failure to perform the Contract and/or order whether wholly or in part if the failure is caused wholly or partly by any circumstance or circumstances outside the control of The Company.
    • No variation to this agreement shall be binding unless agreed in writing by us.

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