TRADING CONDITIONS OF EAC Telford LTD

APPLICATION
1 (1) In these Trading Conditions, unless the context otherwise requires:-
“Contract” means the contract between EAC Telford Ltd and the Customer for the supply of the Services
“Customer” means the person so described overleaf
“Goods” means any goods described overleaf or components to be supplied as part of or ancillary to the Services, and includes any of them or any part of them
“person” includes any incorporated or unincorporated body
“Services” means the services described overleaf and includes any or any part of them
“EAC” means Mark Kettle and Jayne Kettle – Directors of EAC Telford Ltd, Unit A, Halesfield 13, Telford, Shropshire. TF7 4PL.
“Vehicles” means any vehicles in respect of which any Goods or Services are to be supplied
“writing” includes facsimile transmission
Words in the singular include the plural and vice versa
(2) These Trading Conditions, the terms overleaf and any special conditions agreed to in writing by EAC and the Customer are all the terms and conditions which apply to the supply of the Goods and Services and replace
any terms or representations referred to in EAC’ sales literature or elsewhere. If any terms overleaf and/or any special conditions conflict with these Trading Conditions, the former will prevail. The Customer must satisfy
himself that all statements or terms relating to the Contract on which he relies are contained in these Trading Conditions, the terms overleaf or any special conditions
(3) Nothing in these Trading Conditions will affect any of the Customer’s legal rights as a consumer under the any applicable legislation

ORDERS AND QUOTATIONS
2(1) Any orders placed by the Customer and the Customer’s acceptance of any estimate or quotation given to him by EAC will only bind EAC and the Customer when EAC accepts them in writing or starts work under the
order or quote
(2) EAC will supply the Services with reasonable skill and care

CHARGES
3 Unless EAC otherwise agrees in writing, the charges payable by the Customer for the Goods and Services will be those set out overleaf. All charges quoted and quotations are valid for 30 days only. All charges will
be subject to any applicable value added tax and other taxes or duties which will be payable at the same time as the charges to which they relate

PAYMENT
4 (1) The charges for the Goods and Services will be due for payment when the Goods are delivered or the supply of the Services is completed or, if a deposit is to be paid, when the contract is made between the Customer
and EAC
(2) The Customer must pay all sums owed to EAC under the Contract on or before the dates on which they are due. If the Customer fails to make any payment by the due date, without affecting any of its other rights,
EAC may:-
(a) bring the Contract to an end;
(b) suspend the carrying out of the Services or delivery of the Goods; and/or
(c) charge the Customer interest on the amount for the time being unpaid at 3% above the base rate (or if it is replaced, its successor) from time to time of Lloyds TSB Bank Plc until payment in full is made. That interest
will accrue on a daily basis and be payable both before and after any court judgment obtained against the Customer

TIME FOR SUPPLY OF GOODS AND SERVICES
5 (1) EAC will use its reasonable endeavours to supply the Goods and Services by any estimated delivery or completion time or date given or agreed to by EAC but EAC will not be obliged to supply the Goods or Services
by that time or date
(2) If EAC fails to supply the Goods or Services by that time or date, the Customer may give EAC written notice requiring it to deliver the Goods or complete the supply of the Services within a reasonable period. If EAC
fails to do so within that period, the Customer may terminate the Contract immediately by giving written notice of termination to EAC
(3) The Customer will not have the right under paragraph 5(2) to require EAC to deliver the Goods or complete the supply of the Services within a reasonable period or to terminate the Contract if EAC’ failure to deliver
or supply the Services by the relevant time or date is due to circumstances beyond EAC’ reasonable control or the Customer’s default
(4) The Goods will be delivered at EAC’ premises
(5) If the Customer wrongfully fails to collect any vehicle from EAC within 7 days after he has been informed that the Services have been completed then, unless that is due to EAC’ default, EAC may, without affecting its
other rights, arrange for storage of the vehicle at the Customer’s risk and expense until it is collected, including if applicable reasonable storage charges at EAC’ then prevailing rates

OWNERSHIP OF THE GOODS AND RISK
6(1) Even though the Goods may have been delivered to the Customer, the legal and beneficial ownership of the Goods will remain with EAC until EAC has received payment in full of all sums payable to EAC in relation
to the Contract
(2) Until the Customer becomes the owner of the Goods:-
(a) the Customer will hold the Goods as fiduciary agent and bailee for EAC and not sell, part with possession of the Goods or do anything else inconsistent with EAC’ ownership of the Goods
(b) if the Customer fails to pay any sum payable under the Contract by the due date for payment or EAC brings the Contract to an end, EAC may require the Customer to return the Goods to EAC within 7 days (whether or
not they form part of or are affixed to any other item). If the Customer fails to do so, EAC may enter on any land or buildings where the Goods may be with its representatives and appropriate transport and repossess
the Goods
(3) After EAC has repossessed any Goods it may sell them and the proceeds of sale will belong to EAC absolutely. If the net sale proceeds received by EAC are less than the amount payable to it under the Contract it may
recover the balance from the Customer
(4) When the Goods have been delivered the Customer will become responsible from that time for any loss or destruction of or damage to the Goods
(5) Even though the Customer may not have become the owner of the Goods, EAC may recover all sums payable to it in relation to the Contract

WARRANTY
7(1) The following warranty will apply to the Goods (except for any consumables) and Services:-
They will correspond with their specification and description and sample (if any) at the time of delivery of the Goods or completion of the supply of the Services and if within twelve calendar months of the Goods
being delivered by EAC or, as the case may be, completion of the supply of the Services (or such other period as EAC may agree in writing or be stated overleaf ) any defect in the Goods or Services is discovered under
normal use which is directly attributable to faulty design, materials or workmanship, EAC will at its option and expense remedy the defect by replacement or repair or refund the charges paid for the defective Goods
or Services. However, all reconditioned or re-manufactured parts have a parts only warranty for the relevant period stated by EAC and all labour costs relating to any warranty claim relating to those parts will be
charged to the Customer at EAC’ rates prevailing at the relevant time
(2) The following conditions apply to the warranty:-
(a) the warranty will not apply to any defect or damage resulting from any:-
(i) alteration of the Goods or Services without EAC’ prior written consent, incorrect installation (except by EAC), normal wear and tear, misuse or use not for their intended purpose, accident, abnormal conditions of use
or maintenance or repair not carried out by EAC; or
(ii) act or omission of the Customer or any third party (excluding EAC’ agents or sub-contractors involved in the supply of the Goods or Services) or any fault in any other goods or equipment
(b) warranty work will be carried out during EAC’ normal business hours so far as is practicable at EAC’ premises and/or elsewhere at its option. The Customer must ensure that EAC’ personnel will have such access to the
Goods and Vehicles as they may require to investigate alleged defects or damage and carry out any warranty work
(c) Goods and Vehicles must be returned to EAC’ trading premises as required by EAC. Replaced Goods will belong to EAC
(d) the Customer must give to EAC in writing full particulars of any alleged defect or damage within 7 days after he becomes aware of the defect. That notice must be give in any event within 7 days of the end of the
warranty period. If notice of a claim is not given within those periods it will not be effective
(e) the Customer must produce to EAC the original invoice relating to the supply of the Goods and Services
(f ) if the Customer makes any claim falling outside the terms of the warranty EAC may make a reasonable charge for examining the Goods or Vehicles and any work done or goods supplied by it in respect of that claim
and any cost or expense incurred by EAC
(g) this paragraph 7 will apply to Goods or components replaced or repaired under the warranty for the balance of the original warranty period

LIABILITY
8 (1) The warranty contained in paragraph 7 will not affect any rights the Customer may have by law in respect of the Goods or the Contract
(2) EAC excludes to the fullest extent permitted by law, all liability however it arises for any consequential or indirect loss, liability or damage or for any other claim for consequential compensation of any kind arising
directly in the natural and ordinary course or indirectly from or in connection with the Contract. This will include loss of profit or costs or expenses incurred by the Customer

ACCELERATED PAYMENT
9 Without affecting its other rights, if EAC has serious doubts about the Customer’s ability to pay any sum under the Contract on the due date the Customer must within seven days of written notice from EAC pay the
balance of all sums payable under the Contract

CIRCUMSTANCES OUTSIDE EAC’ CONTROL
10 EAC will not be in breach of the Contract or otherwise be liable to the Customer for any delay or failure in performing any of its obligations under the Contract if that is caused by any circumstances or event beyond
EAC’ reasonable control (including breakdown of plant or machinery, strike or industrial dispute, shortage of materials or failure of or delay in receiving supplies)

TERMINATION
11(1) If either party:-
(a) makes any arrangement with its creditors generally or has an interim order (within the meaning of the Insolvency Act 1986) made against him or becomes bankrupt or (being a firm or body corporate or unincorporate)
enters into compulsory liquidation or voluntary liquidation or the equivalent or is dissolved; or
(b) has a receiver and/or manager, administrative receiver, supervisor or administrator appointed over or in relation to it or any part of its assets or undertaking; or
(c) is unable to pay its debts within the meaning of sections 123 or 268 of the Insolvency Act 1986; or
(d) commits any breach of any of the provisions of the Contract (except for paragraph 5(2) of these Conditions) and, in the case of a breach that is capable of being remedied, does not remedy it within 7 days of written
notice of the breach being given to it by the other party, without affecting its other rights (including its accrued rights) the other party may terminate the Contract or the balance of the Contract or if the terminating
party is EAC, suspend deliveries or the supply of the Services immediately by written notice to the other party without any liability whatsoever
(2) If the Customer breaches the Contract it must pay to EAC an amount equal to all costs, expenses, loss, damage and liability incurred by EAC arising out of the breach
(3) The termination of the Contract for any breach will not affect the accrued rights of either party or any obligation which is expressed to continue afterwards or is of a continuing nature and that obligation will continue
in full force and effect

GOVERNING LAW AND JURISDICTION
12 The laws of England will apply to the Contract and all claims and legal proceedings arising in connection with it will be subject to the non-exclusive jurisdiction of the Courts of England

MISCELLANEOUS
13(1) If any provision of the Contract or part of it is held to be invalid or unenforceable by any court or other body of competent jurisdiction that will not affect the other provisions or the remainder of the relevant provision
(2) Any variation of the Contract or waiver of any breach of it by the Customer or EAC must be agreed to in writing by the relevant party or its representative
(3) The Customer may not transfer or otherwise deal with all or any of its rights or obligations in relation to the Contract without EAC’ prior written consent. EAC will be free to transfer all of its rights and/or obligations
in relation to the Contract provided that does not adversely affect the Customer
(4) If either EAC or the Customer does not strictly enforce its rights that will not in any way affect any of its rights in respect of the Contract
(5) Any notice or claim under the Contract must be in writing and will be effectively served if it is personally delivered or sent by pre-paid first class post or facsimile transmission to the addressee at its address overleaf
or any other address for service notified to the other in accordance with this paragraph.