Warranty and Conditions of Sale

BestDrive by Continental are committed to ensuring that all customers are aware of the terms and conditions of carrying out any work or buying any product from us. To ensure clarity on same we have attached our Terms and Conditions of sale that outline in detail what is and what is not supported by BestDrive under current legislation.

General:

Advance Tyre Company Limited T/A BestDrive by Continental

TERMS AND CONDITIONS OF SALE

  1. The Terms and Conditions of sale outlined herein (hereinafter referred to as “the Contract”) shall apply to the sale by Advance Tyre Company Limited (hereinafter referred to as “the Company”) to the person, firm or company to whom the Company’s offer is made (hereinafter referred to as “the Purchaser”) of tyres, inner tubes, vehicle exhaust systems, batteries for use in vehicles and parts and or services relating to all of the a foregoing, (hereinafter referred to as “the Goods”).
  2. The Contract shall be deemed incorporated in all tenders and or offers for the supply of the goods by the Company.
  3. Unless previously withdrawn, offers shall remain open for acceptance by an offeree for a period of 30 days or such longer period as the Company may agree in writing and the Contract will be deemed to have been accepted when the Purchaser places an order for the Goods with the Company.
  4. No variation of the Contract shall bind the Company unless authorised in writing by a Director or duly authorised officer of the Company.

Prices:

Orders are accepted on the basis of prices ruling at the date of despatch of the Goods by the Company. This applies to back orders. The Company reserves the right to increase its prices at any time. All prices are exclusive VAT and the same together with carriage when charged shall be borne by the Purchaser. Information given in the Company’s price list, photographs, illustrated matter and descriptive and other literature relating to the Goods is to the best of the Company’s knowledge and belief but it is not warranted accurate. The Purchaser will be invoiced at the net invoice price as the date of despatch and the amount of Value Added Tax at the current rate will be shown on a separate line at the foot of the invoice and included in the total.

DELAYS AND NON-DELIVERY:

The Company whilst making every effort to comply with the quoted date of delivery shall not be liable for any delays in delivery or non-delivery caused by act of God, strikes, lockout, industrial action, failure of a manufacturer or supplier to deliver to the Company or any other cause outside the control of the Company and in any such event the Company shall have the option to suspend or cancel any obligations then unperformed without liability for damages to the Purchaser and without affecting all previously accrued rights such delays and or non-delivery as aforesaid shall not entitle the Purchaser to cancel any order, refuse to accept delivery or repudiate any contract for work to be done.

DAMAGE IN TRANSIT AND SHORTAGES:

Where the Company agrees to deliver it will replace free of charge the goods or any component thereof if damaged in transit, provided the damaged goods or components are returned to the company within fourteen days of the date of delivery. No claim in respect of damage or shortages will be accepted by the Company unless same is advised in writing to the Company by the Purchaser within 7 days of despatch by the Company.

TERMS OF PAYMENT:

The Goods must be paid for in full without deduction in respect of alleged disputes or set-off or counterclaims in accordance with the terms specified by the Company from time to time and if no date for payment has been specified within 30 days of the date of delivery. The Company shall be entitled without prior notification to charge interest at the rate of 2% per month or part thereof on any sums which remain unpaid after the same shall have become due.

RETURN OF GOODS:

Where the Goods have been correctly supplied in accordance with an order and are not defective, they will not be accepted for return by the Company unless the Company has given its prior written agreement. In such event a 10% handling charge will be made by the Company and the Goods must be returned to the Company carriage paid.

GUARANTEE:

Where guarantee is given by manufacturer or other supplier of the Goods or a manufacturer or other supplier of a part or component of the Goods, the Company will pass same to the Purchaser and assist the Purchaser to get benefit of same from such Manufacturer or other supplier but to the extent permitted by law the Company shall not be liable on foot of such Guarantee.

SERVICE CONTRACTS:

All terms Imposed by statute or common law in contracts for the supply of services are hereby excluded. All goods received by the Company for repair, replacement or otherwise are held by the Company at the Purchaser’s risk as regards damage.

RISK AND RESERVATION OF TITLE:

  1. The risk in the goods shall pass to the Purchaser on delivery of the Goods to the Purchaser or his Agent or when the Goods are delivered to a particular location on the prior instructions of the Purchaser.

  2. The Goods shall remain the property of the Company and ownership of the Goods shall not pass to the Purchaser until all monies due by the Purchaser to the Company in respect of the Goods or any other account whatsoever have been paid full to the Company.

  3. Until such time as the ownership of the Goods passes to the Purchaser from the Company the Purchaser shall:

    1. Securely and safely store the Goods so as clearly to show them to be the property of the Company.
    2. Be liable to the Company for all damage howsoever caused to the Goods
    3. Insure the Goods to their full value against loss or damage from whatsoever cause and if requested by the Company have the Company’s interest noted on the appropriate Insurance Policy.
    4. Indemnify and keep indemnified the Company against all damage caused to any person or property by the Goods or by their use and
    5. Hold the Goods as bailee and trustee for the Company
  1. Prior to the payment in full of all sums due by the Purchaser to the Company in respect of the goods or any other account whatsoever, the Purchaser shall be entitled to use the Goods ( which remain property  of the Company in the manner aforesaid) in the manner set out in this sub clause:
    1. The Purchaser may:

a) Sell, hire or otherwise dispose of the goods in a Bonafede manner in the normal course of business and the company in addition to all other rights shall have the right to trace the proceeds of such re-sale, hire or other disposition to the fullest extent permitted by law and such proceeds whether represented by monies or other products taken in part exchange or otherwise resulting  from any such transaction when received by the Purchaser shall be held by him as trustee and bailee respectively for the Company or

b)                        Use the same for his own private use or consumption provided that the Purchaser shall be solely liable for the payment of all taxes which may arise on such re-sale, hire or other disposition.

    1. The Purchaser may not offer the Goods as security for the performance of any obligation of the purchaser to any third party
  1. At any time prior to the Purchaser paying all sums due for the Goods under this Contract or any other account whatsoever the Company may by notice in writing delivered to the Purchasers last known residence or place of business determine the Purchaser’s right to use the goods in the manner detailed above or at all whereupon the Purchaser shall forthwith return the Goods top the Company and or the Company may enter the Purchaser’s premises for the purpose of recovering the Goods and the Purchaser shall be deemed to have irrevocably given to the Company the right and power to so enter into and upon any premises where the Goods may be to recover same and the Purchaser for any Receiver or Liquidator thereof shall not require the Company to relate any of the Goods situate on the Purchaser’s premises to specific unpaid invoices.

  2. Further the happening of any of the events set out below shall forthwith without notice determine the Purchaser’s right to use the Goods
    1. Any notice to Purchaser that a Receiver or Manager or Liquidator is to be or has been appointed over the undertaking and assets of the Purchaser
    2. Any notice to the Purchaser that a Petition to wind up Purchaser is to be or has been presented or any notice of a resolution to wind up Purchaser (save for the purposes of a reconstruction or amalgamation).
    3. A decision by Purchaser that Purchaser intends to make an arrangement with its Creditors.
    4. The insolvency of the Purchaser within the meaning of section 63(3) of the Sale of Goods Act. 1893 or Section 214 of the Companies Act 1963 and the rights of entry and recovery at (e) above shall immediately become available to the Company.

  3. In the event of a re-sale of the Goods before payment, the Purchaser agrees to assign and assigns to the Company at the conclusion of the contract of re-sale and effective up to date of payment any claims against the Purchaser’s customers which may have arisen( or arise in the future) from the re-sale and undertakes to notify the Company on request of the names of the third party debtors and the amounts due by such persons to the Purchaser.

  4. In the event of the Purchaser re-selling the Goods prior to payment to the Company the Purchaser shall hold all monies received from such re-sale or sales in trust for the Company and undertakes to maintain an independent account of all sums so received and on request provide details of such sums and account.

PURCHASER’S LIABILITY:

All vehicles, the property of the Purchaser, are left on the Company’s premises strictly at the Purchaser’s risk and the Company shall not be liable for any damage thereto and the Purchaser hereby fully indemnifies the Company against any claims, actions, losses and expenses in relation to any such damage incurred.

CUSTOMER’S LEGAL STATUS:

No change in the legal status of the Customer will be allowed until the Customer completes the New Account Application under the new status and until acceptance of that new status is given in writing by Seller.

DISPUTES:

Any dispute between the Company and the Purchaser relating to the Contract shall be referred for decision (as expert and not as arbitrator) to an independent expert to be approved by the Company and the Purchaser and in default of such approval aforesaid to the President for the time being of the Incorporated Law Society of Ireland for the appointment of an expert. The decision of the expert shall be final and binding and shall not be questioned in any way by either the Company or the Purchaser. The provisions of the Arbitration Acts shall not apply. The costs or such referral aforesaid shall be borne equally by the Company and the Purchaser.

WARRANTIES AND CONDITIONS:

The following terms shall be treated as separate and severable and enforceable accordingly

  1. Save in the case where the Purchaser is a consumer within the meaning of the Sale of Goods and Supply of Service Act 1980 all conditions and warranties as to the quality of the Goods or their fitness for any particular purpose whether expressed or implied by law or otherwise are hereby expressly excluded
  2. The Company shall not be under any liability whatsoever for consequential loss suffered by the Purchaser.
  3. Nothing herein shall prejudice the contractual rights if any enjoyed by the Purchaser by virtue of Sections 12, 13, 14 and 15 of the Sale of Goods Act 1893.

LAW:

The Contract shall be governed by and construed in accordance with the laws of the Republic of Ireland.

Customer Warranty:

Under the warranty being afforded to our customers please note that BestDrive offer a 12 month guarantee and that this applies to all parts supplied and fitted by BestDrive for failure as part of work carried out for a customer in one of our branches. The guarantee does not apply to third party parts or natural wear and tear to parts and/or to damage to parts that may have been caused to same as a result of driver or third party behaviour.

BestDrive By Continental – You drive, we care