Terms and Conditions
1 Interpretation
1.1 In these Conditions:
‘YOU ’ means the person who orders Goods from the Site
‘GOODS’ means the goods (including any instalment of the goods or any parts for them) which Knott is to supply in accordance with these Conditions
‘KNOTT’ means Knott-Avonride Limited (registered in England and Wales under company number 1691074)
‘CONDITIONS’ means these standard terms and conditions of sale
‘CONTRACT’ means the contract for the purchase and sale of the Goods
‘SITE’ means the Knott Webshop at www.knott-trailer.co.uk.
‘WRITING’ includes first class mail or air mail, facsimile transmission or email to the email address set out on the Site facsimile transmission or email (confirmed by first class mail or air mail).
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2 Basis of the sale
2.1 Knott shall sell and you shall purchase the Goods in accordance with your written order which is accepted by Knott through the Site, subject to these Conditions, which shall form the basis of the Contract and will exclude any other terms and conditions.
2.2 No variation to these Conditions shall be binding unless agreed in Writing between you and Knott.
2.3 Knott’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by Knott in Writing. In entering into the Contract you acknowledge that you do not rely on any such representations which are not so confirmed.
2.4 Any advice or recommendation given by Knott or its employees or agents to you as to the storage, application or use of the Goods which is not confirmed in Writing by Knott is followed or acted upon entirely your own risk, and accordingly Knott shall not be liable for any such advice or recommendation which is not so confirmed.
2.5 You are advised to refer to Knott’s general servicing and replacement literature when completing any service, maintenance or operation of any Knott product or alternatively contact Knott for further clarification. This information is also available on www.knottuk.com or is enclosed with the Goods.
2.6 For the avoidance of doubt it is your responsibility to ensure any Goods used as built in components are tested by you to your satisfaction for:
(i) the intended purpose
(ii) in the appropriate manner and
(iii) for a reasonable period of time
2.7 Any typographical or clerical error on the Site shall be subject to correction without any liability on the part of Knott.
3 Orders and specifications
3.1 Any offer made by you on the Site will be an invitation to make a binding offer and will not be binding on Knott. Knott will inform you if a particular item is no longer available. In this case a contract does not come into effect.
3.2 Knott must receive payment of the whole of the price for the Goods that you order on the Site before the order can be accepted. Once payment has been received by Knott, Knott will confirm that the order has been accepted by sending an email to you at the email address provided by your registration. Knott’s acceptance of the order brings the Contract into existence with you.
3.3 Knott reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements or, where the Goods are to be supplied to Knott’s specification, which do not materially affect their quality or performance.
4 Price of the goods
4.1 The price of the Goods shall be as set out on the Site. All prices may be altered by Knott on the Site.
4.2 You will be required to pay extra for delivery. All prices are given by Knott on an ex works basis excluding delivery, packaging and insurance, and where Knott agrees to deliver the Goods otherwise than at Knott’s premises, you shall be liable to pay Knott’s charges for transport, delivery, packaging and insurance as provided to you when placing an order.
4.3 The price is exclusive of any applicable Value Added Tax, which you shall be additionally liable to pay to Knott depending on your location [and if you are a business customer your VAT registration].
5 Your right to cancel
5.1 You can cancel the Contract by telling us any time up to the end of the 30th day from the day you receive the Goods. You do not need to give us any reason for cancelling the Contract nor will you be obliged to pay any penalty.
5.2 If you wish to cancel the contract you MUST DO SO IN WRITING by sending an email to webspares@knottuk.com or by post to Knott Trailer Spares Shop at Europa House, Second Avenue, Centrum 100, Burton on Trent, Staffs, DE14 2WF. Alternatively by fax for the attention of Knott Trailer Spares Shop at the fax number 01283 534840. You can use the notice here.
You may use the FORM of words shown below if you wish.
To: Knott Trailer Spares Shop,
Address: Knott-Avonride Limited, Europa House, Second Avenue, Centrum 100, Burton-Upon-Trent,
Staffordshire. DE14 2WF
I/We hereby give notice that I/we wish to cancel my/our contract ……………………
(insert details of the contract /customer)
Signed
Name and Address
Date
5.3 The notice of cancellation is deemed to be served as soon as it is sent to us by email or posted or sent to us by fax provided you have proof of postage or a read receipt or a fax receipt.
5.4 If you cancel the Contract but we have already processed the Goods and they have been delivered you must not unpack the goods when they are received and must send the goods back to us for the attention of Knott Trailer Spares Shop at Europa House, Second Avenue, Centrum 100, Burton on Trent, Staffs, DE14 2WF at your own cost and risk as soon as possible.
5.5.1 When you tell us that you are cancelling the Contract, and the Goods have not been dispatched to you any sum debited to your account from your credit / debit card will be credited to your account by us as soon as possible and in any event within 14 days from the day after cancellation
5.5.2 When you tell us that you are cancelling the Contract where the Goods have already been dispatched to you then any sum debited to your account from your credit/debit card will be credited to your account by us within 14 days from the day after the Goods are returned to us or within 14 days from the day after we receive proof from you that the Goods have been sent back to us to us
5.5.3 If you do not return the Goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the Goods from the amount to be credited to you.
5.6 If the Goods are returned to us in a different condition from when we delivered them to you this will be an indication to us that you have accepted the Contract and you will lose your right to cancel.
6 Cancellation by Knott
6.1 Knott reserves the right to cancel the Contract if:
6.1.1 Knott has insufficient stock to deliver the Goods you have ordered; or
6.1.2 one or more of the Goods ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by Knott from its suppliers.
6.2 If Knott cancels the Contract it will tell you by email and will credit to your account any sum deducted by Knott from your credit card as soon as possible but in any event within 14 days of the order. Knott will not be obliged to offer any additional compensation for disappointment suffered.
7 Delivery
7.1 Knott will deliver the Goods to you at the address given for delivery when the order is placed on the Site.
7.2 Delivery of the Goods will be made as soon possible after the Order is placed and in any event within 30 days of the Order. Knott will send a delivery note and an invoice with the Goods on delivery. If you are not a consumer any dates quoted for delivery of the Goods are approximate only and Knott shall not be liable for any delay in delivery of the Goods however caused and time for delivery shall not be of the essence of the Contract unless previously agreed by Knott in Writing. The Goods may be delivered by Knott in advance of the quoted delivery date upon giving reasonable notice to you.
7.3 Where it is agreed the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by Knott to deliver any one or more of the instalments in accordance with these Conditions or any claim by you in respect of any one or more instalments shall not entitle you to treat the Contract as a whole as repudiated.
7.4 If you fail to take delivery of the Goods or fail to give Knott adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond your reasonable control or by reason of Knott’s fault) then, without prejudice to any other right or remedy available to Knott, Knott may:
7.4.1 store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage; or
7.4.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the Contract or charge you for any shortfall below the price under the Contract.
8 Risk and title
8.1 Risk of damage to or loss of the Goods shall pass to you in the case of Goods to be delivered to you or the person identified by you to take possession of the Goods at the time of delivery or, if you are not a consumer and you wrongfully fail to take delivery of the Goods, the time when Knott has tendered delivery of the Goods.
If you commission a carrier to deliver the Goods who is not named by us for delivery the Goods are at your risk on after delivery to that carrier.
8.2 Title in the Goods shall pass to you when Knott receives in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Knott to you for which payment is then due.
8.3 If you are not a consumer buyer then until such time as title in the Goods passes to you:
8.3.1 you shall hold the Goods as Knott’s fiduciary agent and bailee;
8.3.2 you shall keep the Goods separate from your own and third parties and properly stored, protected and insured and identified as Knott’s property, but shall be entitled to resell or use the Goods in the ordinary course of its business;
8.3.3 provided the Goods are still in existence and have not been resold, Knott shall be entitled at any time to require you to deliver up the Goods to Knott and, if you fail to do so immediately, to enter upon any of your premises or any third party where the Goods are stored and repossess the Goods.
8.4 If you are not a consumer buyer you shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods to which Knott has title, but if you do so all moneys owing by you to Knott shall (without prejudice to any other right or remedy of Knott) immediately become due and payable.
9 Warranties and liability
9.1 Subject to the conditions set out below Knott warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period of twelve months.
9.2 The above warranty is given by Knott subject to the following conditions:
9.2.1 Knott shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow Knott’s instructions (whether oral or in Writing), misuse or alteration or repair of the Goods without Knott’s approval;
9.2.2 if you are a business customer Knott shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment;
9.2.3 the above warranty does not extend to parts, materials or equipment not manufactured by Knott, in respect of which you shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to Knott.
9.3 Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
9.4 If you have a claim based on any defect in the quality or condition of the Goods or their failure to correspond with specification you must tell Knott in writing within 30 working days from the date of delivery. You can ask for a full refund under Condition 5 above. Alternatively you can ask Knott to repair or replace the Goods. Knott will make arrangements with you for the return of the Goods. If the defect or failure was not apparent on reasonable inspection you must tell Knott in writing within a reasonable time after you find the defect or failure. If delivery is not refused, and you do not notify Knott accordingly, you shall not be entitled to reject the Goods and Knott shall have no liability for such defect or failure, and you shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract. Your rights under condition 5 shall be unaffected.
9.5 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to Knott in accordance with these Conditions, Knott shall be entitled to replace the Goods (or the part in question) free of charge or, at Knott’s sole discretion, refund to you the price of the Goods (or a proportionate part of the price), but Knott shall have no further liability to you.
9.6 Save as precluded by law Knott shall not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you tell us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Goods.
9.7 Knott shall not be liable to you or be deemed to be in breach of the Contract by reason of any delay in delivering or failing to deliver the Goods, if the delay or failure was due to any cause beyond Knott’s reasonable control. Without limitation the following shall be regarded as causes beyond Knott’s reasonable control:
9.7.1 Act of God, explosion, flood, tempest, fire or accident;
9.7.2 war or threat of war, sabotage, civil disturbance or requisition;
9.7.3 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
9.7.4 import or export regulations or embargoes;
9.7.5 strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Knott or of a third party);
9.7.6 difficulties in obtaining raw materials, labour, fuel, parts or machinery;
9.7.7 power failure or breakdown in machinery or breakdown of systems or network access or loss;
9.7.8 interruption or failure of utility service including but not limited to electric power, gas, water or telephone service.
10 Indemnity
10.1 If any claim is made against you that the Goods infringe or that their use or resale infringes the patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person, then unless the claim arises from the use of any drawing, design or specification supplied by you, Knott shall indemnify you against all loss, damages, costs and expenses awarded against or incurred by you in connection with the claim, or paid or agreed to be paid by you in settlement of the claim, provided that:
10.1.1 Knott is given full control of any proceedings or negotiations in connection with any such claim;
10.1.2 you shall give Knott all reasonable assistance for the purposes of any such proceedings or negotiations;
10.1.3 except pursuant to a final award, you shall not pay or accept any such claim, or compromise any such proceedings without the consent of Knott (which shall not be unreasonably withheld);
10.1.4 you shall do nothing which would or might vitiate any policy of insurance or insurance cover which you may have in relation to such infringement, and this indemnity shall not apply to the extent that you recovers any sums under any such policy or cover (which you shall use its best endeavours to do);
10.1.5 Knott shall be entitled to the benefit of, and you shall accordingly account to Knott for, all damages and costs (if any) awarded in your favour which are payable by, or agreed with your consent (which consent shall not be unreasonably withheld) to be paid by, any other party in respect of any such claim; and
10.1.6 without prejudice to any duty you owe at common law, Knott shall be entitled to require you to take such steps as Knott may reasonably require to mitigate or reduce any such loss, damages, costs or expenses for which Knott is liable to indemnify you under this clause.
11 Your Insolvency
11.1 This clause applies if:
11.1.1 you make any voluntary arrangement with your creditors or (being an individual or firm) become bankrupt or (being a company) become subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
11.1.2 an encumbrancer takes possession, or a receiver is appointed, of any of your property or assets ; or
11.1.3 you cease, or threaten to cease, to carry on business; or
11.1.4 Knott reasonably apprehends that any of the events mentioned above is about to occur in relation to you and notifies you accordingly.
11.2 If this clause applies then, without prejudice to any other right or remedy available to Knott, Knott shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to you, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
12 General
12.1 It is our responsibility to supply you with Goods that meet your consumer rights. If you have any concerns that we have not met our legal obligations please contact us
12.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing, to the other party at their address or fax number or email address as that party may from time to time notify to the other party or addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified to the party giving the notice.
12.3 Notices sent in this way shall be deemed to have been received 3 working days after the day of posting (in the case of first class mail), or 7 working days after the date of posting (in the case of air mail), or on the next working day after transmission (in the case of fax messages, but only if a transmission report is generated by the sender’s fax machine recording a message from the recipient’s fax machine, confirming that the fax was sent to the number indicated above and confirming that all pages were successfully transmitted), or upon the receipt of a delivery receipt to the effect that the email was displayed on the recipient’s computer (in the case of e-mail).
12.4 No waiver by Knott of any breach of the Contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
12.5 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
12.6 You acknowledge and agree to be bound by Knott’s Privacy Policy and its General Terms of Website Use shown on the Site.
12.7 Except for Knott’s group companies, a person who is not a party to the Contract has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
12.8 These terms and conditions, together with Knott’s current Site prices, delivery details, contact details, Website Terms of Use and Privacy Policy, set out the Contract relating to the supply of the Goods to you . Nothing said by any sales person on Knott’s behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by Knott. Save for fraud or fraudulent misrepresentation, Knott shall have no liability for any such representation being untrue or misleading.
12.9 Any dispute arising under or in connection with these Conditions or the sale of the Goods shall be referred to a single arbitrator in accordance with the Arbitration Act 1996.
12.10 The Contract shall be governed by the laws of England and Wales, and you agree to submit to the non-exclusive jurisdiction of the English courts.
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