Terms, Conditions & Policies

Walker Movements Ltd operates under the following terms and conditions:

1.Definitions

The supplier means Walker Movements Ltd. The customer means the purchaser of goods or services from the supplier.

2. General

• All quotations and contracts and all matters arising out of or in connection therewith shall be subject to English Law and the parties hereby submit to the jurisdiction of the Courts of England.
• Unless the supplier expressly agrees otherwise in writing, these Conditions of Supply shall govern the sale of goods or supply of services by the supplier to the customer and the supplier shall not be bound by any variation, waiver of or addition to these conditions of the customer

3. Prices

Unless otherwise specified in the contract, the price shall not include any accessories, vehicle licence, tipping gear bodies, associated equipment, delivery or Value Added Tax. Value Added Tax will be payable at the rate prevailing at the date of invoice. Any prices stated are for indicative purposes only and are subject to review and amendment at the supplier’s discretion.

4. Terms of Payment

• The customer shall make payment in full without deduction to the supplier prior to delivery or collection of the vehicle, equipment or spare parts unless agreed otherwise in advance and in writing with the supplier.
• Payment shall be due within 21 days following the date of the supplier’s invoice and the goods shall be removed at time of payment.
• If any amounts are overdue for payment by the customer, all amounts invoiced to the customer shall forthwith become due for payment and recoverable by the supplier.
• Unless the supplier expressly agrees otherwise in writing, all deposits paid will be deemed to be made on a non-refundable basis.
• The supplier shall be entitled if payment is not made in accordance with the terms of this condition, to exercise its lien as bailee by selling any goods held by it, and whether or not belonging to the customer, without notice and to withhold from the proceeds all sums due to it hereunder.

5. Guarantees, Warranties and Liabilities

Second Hand Vehicles

• Unless otherwise specified in the contract, second hand vehicles are sold in their existing condition and no guarantee or warranty is given, the customer having had every opportunity of inspection and examination including a road test of sufficient length prior to entering the contract. Unless otherwise specified in writing all recorded milometer readings are not warranted.

Servicing

• The supplier warrants that it will carry out servicing in accordance with recommended procedures and good workmanship but does not warrant further or otherwise. In the event of defective servicing due to breach of this warranty, the Supplier will reperform the service work subject to its total liability for breach of this warranty being limited to the invoice value of the original servicing.

General

• Except as provided above, all warranties and conditions, expressed or implied, are excluded and the above sets out the total liability of the supplier, except to the extent that such exclusion and limit of liability are not permitted by law.
• Notwithstanding any guarantee or warranty specifically given by the supplier, the supplier shall have no liability to the customer for any direct or consequential loss to or damage suffered by the customer, including vehicle recovery, cost of hiring alternative vehicle or loss of revenue.

6. Property and Risk

• Legal and beneficial title to any vehicle or goods shall not pass to the customer but shall remain with the supplier until payment in full under the relevant invoice or invoices shall have been made to the supplier. The supplier shall be entitled to repossess any such goods at any time prior to payment in full and shall be entitled to have unrestricted access to any premises of the customer for such purpose.
• Notwithstanding retention of legal and beneficial title by the supplier, the risk in the goods shall pass to the customer on delivery or collection.

7. Delay and Variations

• Delivery dates where given are estimated in good faith but are approximate. Although the supplier will use all reasonable endeavours to adhere to estimated delivery date, the supplier will not guarantee such dates and it is a term of the contract that in respect of delivery it is not of the essence.
• In the event of any variation suspension or delay of work caused directly or indirectly by the customer, whether with or without the consent of the supplier, the Supplier shall be entitled to increase the price accordingly but without prejudice to the supplier’s other rights or remedies.
• The supplier shall be entitled to make a storage charge on a daily basis in respect of any goods of the customer remaining on it’s premises for whatever reason (including without limitation as the result of failure by the customer to make payment to the supplier hereunder).
  • at the expiry of 21 days after the goods are left with it for quotation purposes
  • at the expiry of 21 day period referred to in condition 4, in either case with effect from the beginning of the period of 21 days referred to.

8. Statutory Requirements

• Unless otherwise specifically stated or provided for in the contract, it is the customer’s responsibility to ensure that any relevant statutory provisions are compiled with, prior to the Customer using any goods supplied by the Supplier.

9. Force Majeure

• The supplier shall have no liability whatsoever for any failure to perform. or for any delay in the performance of any of It’s obligations hereunder arising wholly or in part by reason of any factor beyond Its direct control. Including without limitation shortage of raw materials. components or services, act of God, war, national emergency. laws or regulations of any country, industrial dispute, civil commotion, fire, tempest and/or flood.

10. Waiver

• No failure or delay on the part of the supplier to exercise any of it’s rights hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof. Any waiver by the supplier of any breach by the customer of any of its obligations hereunder shall not affect the rights of the supplier in the event of any further or additional breach or breaches.

11. Arbitration

• Any dispute or difference as to the meaning or effect of these conditions or of the supplier’s guarantee or as to the rights or the liabilities of either patty under the contract shall upon the application of either party be referred to a single arbitrator in the UK to be nominated by the parties or, in default of agreement by the President of the Society of Motor Manufacturers arid Traders Limited, or, In default of appointment by him, by the President of the Law Society, whose decision shall be final and binding and whose costs shall be tome by the parties he may direct this clause shall be deemed to be a submission to arbitration in accordance with the Arbitration Acts 1950 to 1979.

12. Governing Law

• These conditions shall in all respects be governed by and construed in accordance with English