Terms & Conditions

DENNISON COMMERCIALS LTD – TERMS AND CONDITIONS

1. INTERPRETATION

1.1 Definitions

In these Terms and Conditions, the following definitions apply:

  • Customer: The person(s), firm, or company contracting to receive any Products or Services.

  • Company: Dennison Commercials Limited, incorporated and registered in Northern Ireland (Company No. NI022095), whose registered office is at 37 Hillhead Road, Ballyclare, Co. Antrim BT39 9DS.

  • Contract: Any contract between the Company and the Customer for the sale of Products and/or supply of Services, formed in accordance with Condition 2.

  • Courtesy Vehicle: A vehicle provided by the Company to the Customer for any reason.

  • Delivery: Delivery of Products as defined in Conditions 6.1–6.2.

  • Manufacturer: Volvo, JCB, Hiab, Multilift, or any other original equipment manufacturer whose Products the Company sells.

  • Parts: Any new or reconditioned part, component, lubricant, assembled unit, accessory, tool, or Service Exchange Part marketed by the Company or received from the Customer for Services.

  • Products: Any Vehicles and/or Parts.

  • Sale: The sale, resale, lease, hire, or similar transaction regarding a Product or Service.

  • Service Exchange Parts: Parts subject to a surcharge where the original unit has not been returned for refurbishment.

  • Services: Any services provided by the Company, including (without limitation) adjustment, maintenance, overhaul, repair, and supply of Parts.

  • Terms and Conditions: These standard terms and conditions together with any special terms agreed in writing.

  • Vehicle: Any plant, truck, bus, chassis, or motor vehicle sold to or received from the Customer for Services.

  • Warranty: Any written warranty granted by the Company or a Manufacturer.

1.2 Rules of Interpretation

  • References to legislation include amendments and re-enactments.

  • Singular includes plural and vice versa.

  • References to gender include all genders.

  • Headings are for convenience only and do not affect interpretation.

2. FORMATION AND INCORPORATION OF CONTRACT

2.1 These Terms and Conditions apply to all Contracts to the exclusion of all others, unless varied in writing under Condition 14.

2.2 Customer terms contained in purchase orders or other documents shall not apply.

2.3 Variations or representations are binding only if agreed in writing and signed by a director of the Company. Liability for fraudulent misrepresentation is not excluded.

2.4 Orders constitute an offer by the Customer. A Contract is formed:

  • Vehicles: Upon written acceptance by the Company.

  • Services: Quotations are estimates only and dependent on inspection and condition.

2.5 The Customer is responsible for the accuracy of its order and specifications.

2.6 The Company may require a deposit prior to accepting an order.

2.7 Quotations are valid for 30 days unless withdrawn and do not create a Contract until acknowledged in writing.

2.8 The Customer may not cancel a Contract without written agreement of a Company director. The Company may retain deposits and recover losses. The Company may cancel prior to Delivery or performance.

3. DESCRIPTION OF PRODUCTS AND SERVICES

3.1 Products and Services are described in the Company’s acknowledgement of order.

3.2 Catalogues, brochures, samples, drawings, and website descriptions are illustrative only and do not form part of the Contract.

3.3 Manufacturers may change design or specification. If changes do not meet the original order, the Customer may cancel within 7 working days without compensation.

4. SERVICES

4.1 The Company may carry out additional Services necessary for safe operation. Estimates are non-binding and payable by the Customer.

4.2 Defective Parts will be replaced where repair costs reach 75% or more of replacement cost.

4.3 Service Exchange Parts must be returned within the agreed period or within 30 days, otherwise charges apply.

4.4 Products must be delivered clean and free of personal items. The Company accepts no liability for loss if this is not complied with.

4.5 Delivery dates are extended where delays arise from missing Customer instructions or information.

4.6 Storage charges apply if Products are not collected or instructions given within 7 days of notice.

4.7 After 60 days’ delay, the Company may dispose of Products and deduct all sums owed.

4.8 All Products and contents are held at the Customer’s risk. Customers should ensure adequate insurance.

4.9 Permanently removed materials become the Company’s property unless agreed otherwise.

5. DELIVERY

5.1 Delivery and performance take place at the Company’s premises unless agreed otherwise.

5.2 Delivery may occur via a Customer-appointed collection service.

5.3 Failure to take delivery entitles the Company to store, resell, or charge associated costs.

5.4 Delivery dates are estimates only and not of the essence. Delays do not constitute breach unless unresolved after 14 days’ written notice.

6. RISK AND TITLE

6.1 Risk passes to the Customer upon Delivery.

6.2 Title passes only upon full payment of all sums due.

6.3 Until title passes, the Customer must:

  • Hold Products as bailee;

  • Store separately and clearly identify Company property;

  • Maintain condition and insurance.

6.4 The Customer’s right to possession ends upon non-payment or Contract termination.

6.5 The Company may recover Products and enter premises to do so.

6.6 Courtesy Vehicles must be fully insured by the Customer, who indemnifies the Company against related losses.

7. PRICE

7.1 Prices are as stated in acknowledgements or agreed separately. Invoice disputes must be raised within 7 days.

7.2 Prices exclude VAT and ancillary costs unless stated.

7.3 Returnable packaging not returned will be charged.

8. PAYMENT

8.1 Vehicles are payable before Delivery. Parts and Services follow agreed credit terms.

8.2 Time for payment is of the essence.

8.3 Payments must be made in full without deduction or set-off.

8.4 The Company may allocate payments as it sees fit.

8.5 Late payments incur statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998.

9. WARRANTIES

9.1 New Products are sold subject to Manufacturer warranties; used Products subject to stated warranties only.

9.2 Manufacturer warranties apply at authorised workshops worldwide.

9.3 Liability is excluded to the fullest extent permitted by law.

9.4 All other warranties and representations are excluded except as expressly stated.

10. INDEMNITY

10.1 The Customer indemnifies the Company against losses arising from:

  • Breach of Contract or warranty;

  • Unauthorised modifications;

  • Non-compliant parts or accessories.

10.2 The Customer indemnifies the Company against third-party claims caused wholly or partly by the Customer.

11. LIMITATION OF LIABILITY

11.1 The Company’s total liability is limited to the Contract price.

11.2 Excluded losses include loss of profit, business, and goodwill.

11.3 Nothing excludes liability for death, personal injury, fraud, or matters unlawful to exclude.

12. ASSIGNMENT AND SUB-CONTRACTING

12.1 The Company may assign or subcontract.

12.2 The Customer may not assign without written consent.

13. INTELLECTUAL PROPERTY

13.1 No intellectual property rights are transferred under the Contract.

14. VARIATION

14.1 Variations must be in writing and signed by authorised officers of both parties.

15. SEVERANCE

15.1 Invalid provisions do not affect the remainder of the Terms and Conditions.

16. CONFIDENTIALITY

16.1 Confidential information must not be disclosed except as required for the Contract.

17. FORCE MAJEURE

The Company is not liable for delays or failure due to events beyond its reasonable control. Contracts may be terminated after 21 days’ continuous force majeure.

18. GENERAL

18.1 Rights and remedies are cumulative.

18.2 No waiver is effective unless in writing.

18.3 Third-party rights are excluded.

18.4 Governing law is Northern Irish law with exclusive jurisdiction of Northern Irish courts.

19. COMMUNICATIONS

19.1 Communications must be in writing and delivered by email, hand, or first-class post.

19.2 Communications are deemed received in accordance with stated delivery methods.

20. PRIVACY

20.1 Personal data is collected to process orders and provide services.

20.2 Customers may request access, correction, or removal of their data.

20.3 Marketing communications are optional and may be opted out of.

20.4 Data may be shared with Manufacturers, government agencies, and credit reference agencies where necessary.