Our Terms & Conditions
1.1 These terms and conditions shall apply for all contracts in respect of the supply of goods & services (“supplies”) by Nationwide Fleet Services Limited (“NFS”).
1.2 These conditions apply to the exclusion of any other terms, unless altered by a Director of NFS.
1.3 These Trade Terms and Conditions were last updated in October 2020.
AUTHORITY
2.1 We will assume that any Director or employee of your organisation is authorised unless you notify us that an employee (or former employees) cease to have authority to bind you.
2.2 In the absence of any such notifications, we shall be entitled to rely and act on the orders and instructions of any of your employees or former employees as if they were made or given by you.
PAYMENT AND CREDIT TERMS
4.1 Payment terms are 30 days after supply. All payments shall be made in full without any discount, set-off or other deduction or reduction whatsoever, unless agreed in writing otherwise.
4.2 Interest shall be payable on any overdue amount from the date on which payment was due to the date on which it is made (whether before or after judgement), calculated on a daily basis at the annual rate of seven (7) per cent compounded monthly; and
4.3 In the event that we instruct solicitors, you shall pay, on an indemnity basis, all legal and other costs that we incurred.
4.4 We shall have the right, entirely at our discretion to:
4.4.1 withdraw or limit the amount of credit granted to you; and/or
4.4.2 change for any supplies to be paid in advance.
4.5 If you dispute all or any part of an invoice then you must:
4.5.1 inform us in writing within seven days of the receipt of invoice and of the amount that is disputed and the reasons for the dispute, as well as provide us with all documentation and other information that we will require in order to enable us to consider your claim;
4.5.2 pay any undisputed amounts or invoices in accordance with clause 4.1. Failing which you will not be entitled to dispute the invoice or any part of it.
5.1 Ownership in the goods supplied shall remain with us until we have been paid (including, in every case, any charges incurred).
TITLE AND RISK
5.1 Ownership in the goods supplied shall remain with us until we have been paid (including, in every case, any charges incurred).
5.2 Risk of damage or loss in any goods shall pass to you immediately upon your taking delivery of the goods. In this clause “delivery” means the earlier of.
5.2.1 The fitting onto or incorporation of the goods into property belonging to you or a third party.
WARRENTY
6.1 For goods that we supply, we shall (to the extent that we are able to do so), assign to you the benefit of any manufacturer’s warranty applying to the goods.
6.2 To the extent permitted by law, all other warranties in respect of supplies (including, but without limitation, fitness for any particular purpose), whether express or implied, are excluded.
CLAIMS
7.1 We shall have no liability in respect of any claim by you under these conditions in connection with any supplies unless.
7.1.1 when the claim is made you produce our official receipt given to you at the time the supplies were originally made.
7.1.2 you have afforded us a reasonable opportunity and facilities for the investigation of any claim and the making good of any discrepancy and, if we request, the collection or return of goods (but no goods may be returned to us without our prior written authorisation); and
7.1.3 the opportunity for us to investigate any claim is given (in the case of any discrepancy which is reasonably apparent on inspection) within not less than three (3) days from the date on which notice of the claim is given and, in the case of any goods, in any event before they are used or re-sold.
7.2 Where a claim is accepted in whole or in part, any replaced items shall belong to us and may be disposed of only in accordance with our instructions.
EXTENT OF LIABILITY
8.1 Except to the extent stated in these conditions or otherwise agreed in writing we shall have no obligation, duty or liability in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever under or in connection with any contract for supplies other than for:
8.1.1.1 death or personal injury resulting from our negligence (as defined by the Unfair Contract Terms Act 1977, section 1); or
8.1.1.2 for proven fraud on the part of our employees whilst acting in the course of their employment with us; and
8.1.2 we shall have no liability for any consequential or indirect loss or damage suffered, directly or indirectly, by you under or in connection with any contract for supplies, including but not limited to wasted time or expenditure, loss of profits, production, business revenue, expected savings or goodwill or any claim against you by any third party.
8.2 Our liability under or in connection with any contract for supplies shall in no circumstances exceed the charge for the supplies in respect of which the liability arises.
8.3 We shall be discharged of all liability to which these conditions apply unless (without extending statutory limitation) proceedings are commenced within twelve (12) months after you become aware (or should reasonably have become aware) of the facts giving rise to such liability.
8.4 Nothing in the above clauses shall affect your liability to pay the charges or any other sums falling due to us under any contract.
8.5 You shall indemnify and keep us indemnified against all and any liability (without limitation) that we may have to your insurers or other third parties arising in connection with any contract for supplies and our performance of any contract for supplies.
8.6 The term “in connection with any contract for supplies” includes any performance or contemplated performance of the contract.
YOUR OBLIGATIONS
9.1 You shall not remove or vary in any way any numbers or other distinguishing marks on any goods supplied or fitted by us.
DATA PROTECTION
10 Each of the parties shall comply with their respective obligations under applicable laws relating to the processing of personal data.
GENERAL
11.1 We may at our discretion sub-contract all or any of our obligations under any contract, but the contract shall not be assigned by you without our prior written consent.
LAW, JURISDICTION AND CONSTRUCTION
12 The contract shall be governed by the laws of England & Wales.
NOTICES
13 Any notice to be given to either party shall be in writing and if sent by facsimile or electronic mail or forwarded by prepaid first-class post to the receiving party at its business.