1. INTERPRETATION
In these Conditions:
• ‘Mudslingerz Tyres’ is Bradlor Tyres Limited, a company incorporated under the Companies Acts (Company No.12468767) and having its registered office at Kemp House, 160 City Road, London EC1V 2NX
• ‘mudslingerztyres.co.uk’ is the website operated on the World Wide Web of the Internet with the uniform resource locator https://www.mudslingerztyres.co.uk
• ‘Conditions’ means these terms and conditions for website sale of tyres and tyre fit.
• INTERPRETATION
• In these Conditions;
• ‘Contract’ means the agreement between Bradlor Tyres Ltd trading as Mudslingerz Tyres (‘Mudslingerz Tyres’) and the Customer for the purchase and supply of Goods as constituted and evidenced by the Customer’s Order and the Order Confirmation.
• ‘Customer’ means the person whose offer for the Goods is accepted by Mudslingerz Tyres ;
• ‘Customer’s Order’ means an order from the Customer submitted to Mudslingerz Tyres through the Mudslingerz Tyres Site by completion of the staged ordering process set out therein through submission of forms and following a series of hypertext links as directed on the mudslingerztyres.co.uk website;
• ‘Force Majeure’ means any Act of God, explosion, flood, tempest, lightning strike, fire, accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition, acts, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes, strikes, lock outs or other industrial actions or trade disputes (whether involving employees of Mudslingerz Tyres or of a third-party), difficulties in obtaining raw materials, labour, fuel, parts or machinery or power failure or breakdown in machinery;
• ‘Goods’ means wheels and tyres (including any parts for them) or services which Mudslingerz Tyres is to supply in accordance with these Conditions;
• ‘Mail Order Service’ means the service provided by Mudslingerz Tyres via the mudslingerztyres.co.uk website for the sale and delivery of tyres only to Customers;
• ‘Order’ means or refers to the written or verbal request for goods made by the Customer to Mudslingerz Tyres. Written requests are to include all forms of communication including inter alia, email, internet and letter.
• ‘Order Confirmation’ means confirmation in writing by Mudslingerz Tyres of acceptance of the Customer’s Order issued prior to supply of the Goods to the Customer;
• ‘Writing’ includes electronic mail, telex, cable, facsimile transmission and comparable means of communication.
2. BASIS OF THE SALE
• 2.1 These Conditions apply to all Contracts for the sale of Goods by Mudslingerz Tyres to the Customer. By placing an Order with Mudslingerz Tyres or accepting Mudslingerz Tyres quotation, the Customer agrees to deal with Mudslingerz Tyres on these Conditions to the exclusion of all other terms, conditions, warranties or representations.
• 2.2 The Customer agrees to purchase and / or accept the Goods from Mudslingerz Tyres and Mudslingerz Tyres agrees to sell the Goods to the Customer.
• 2.3 The Customer acknowledges that the website text, price lists, lists of items for sale or other sales literature published on the mudslingerztyres.co.uk website constitute an invitation to treat and may not be construed by the Customer as any offer by or binding obligation upon Mudslingerz Tyres to sell any item to the Customer.
• 2.4 No variation to these Conditions shall be binding unless made in writing specifying both which clause is to be varied, and full details of such variation and signed on behalf of each of the Customer and Mudslingerz Tyres by an authorized representative.
• 2.5 Mudslingerz Tyres employees or agents are not authorized to make any representations concerning the Goods unless confirmed by Mudslingerz Tyres in writing. In entering into the Contract, the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
• 2.6 Any advice or recommendation given by Mudslingerz Tyres or its employees to the Customer as to the storage, application or use of the Goods which is not confirmed in writing by Mudslingerz Tyres is followed or acted upon entirely at the Customer’s own risk, and accordingly Mudslingerz Tyres shall not be liable for any such advice or recommendation which is not so confirmed. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance or offer, invoice or other document or information issued by Mudslingerz Tyres shall be subject to correction without any liability on the part of Mudslingerz Tyres
3. OFFERS AND SPECIFICATIONS
The Customer shall be responsible to Mudslingerz Tyres for ensuring the accuracy of the terms of the Customer’s Order submitted by the Customer, and for giving Mudslingerz Tyres any necessary information relating to the Goods within a sufficient time to enable Mudslingerz Tyres to perform the Contract in accordance with its terms. Mudslingerz Tyres shall incur no liability resulting from inaccurate information being supplied by the Customer.
• 3.1 The Customer’s Order shall not be deemed to be accepted by Mudslingerz Tyres unless and until the Order Confirmation has been issued to the Customer.
• 3.2 The quantity, quality and description of and any specification for the Goods shall be those set out in the Order Confirmation.
• 3.3 Mudslingerz Tyres reserves the right to change the Goods or any relative specifications (whether such specifications have been submitted by the Customer in the Customer’s order or otherwise) and designs at any time, without notice, as a result of changes in the law or at the sole discretion of Mudslingerz Tyres.
• 3.4 Mudslingerz Tyres reserves the right, in its discretion, to refuse to supply any Goods at all or in such a way that the vehicle in relation to which they would be supplied, would in Mudslingerz’ opinion, be unsafe or illegal as a result of or notwithstanding such supply.
• 3.5 Subject to Clause 8.1, the Customer’s Order may not be cancelled by the Customer after the Order Confirmation has been issued except with the agreement in writing of Mudslingerz Tyres and on terms that the Customer shall indemnify Mudslingerz Tyres in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Mudslingerz Tyres as a result of cancellation by the Customer of the Customer’s order.
4. PRICE OF THE GOODS
The price of the Goods shall be the price specified by Mudslingerz Tyres in the Order Confirmation, or, where no price is quoted in the Order Confirmation, the price listed in Mudslingerz Tyres’ price list or website text on the mudslingerztyres.co.uk website current at the date and time of the Order Confirmation.
• 4.1 Mudslingerz Tyres reserves the right, by giving notice to the Customer at any time before issuing of the Order Confirmation, to increase the price of the Goods to reflect:
• 4.1.1 any increase in the cost to Mudslingerz Tyres which is due to any factor beyond the control of Mudslingerz Tyres (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture),
• 4.1.2 any change in delivery dates, quantities or specifications for the Goods which is requested by the Customer, or
• 4.1.3 any delay caused by any instructions of the Customer or failure of the Customer to give Mudslingerz Tyres adequate information or instructions.
• 4.2 The price of the Goods shall be inclusive of any applicable Value Added Tax.
5. TERMS OF PAYMENT
Payment for Goods shall be made in accordance with the payment terms that are in force at the time of sale or supply.
• 5.1 Where the Customer has a credit account with the Seller, the following conditions apply:
• 5.1.1 All payments shall be applied to invoices and to Goods listed in such invoices in the order determined in its discretion by Mudslingerz Tyres.
• 5.1.2 If full payment is not received by Mudslingerz Tyres by the due date then without prejudice to its other rights or remedies under this Contract or otherwise, Mudslingerz Tyres shall be entitled to:
• 5.1.2.1 sue for the entire price and/or
• 5.1.2.2 require the immediate return of all goods agreed to be sold by Mudslingerz Tyres to the Customer in which the property title has not passed to the Customer in accordance with the provisions of Clause 8 below and the Customer hereby agrees to reimburse Mudslingerz Tyres upon demand all costs incurred by Mudslingerz Tyres to represent their diminution in value resulting from their use / and or attachment to a vehicle.
• 5.1.2.3 The Customer indemnifies Mudslingerz Tyres in respect of any costs, legal or otherwise, incurred by Mudslingerz Tyres in respect of recovering any outstanding monies due from the Customer to Mudslingerz Tyres.
• 5.1.2.4 Where payment for Goods remain outstanding beyond the due date, Mudslingerz Tyres retains the right to levy a finance charge in accordance with Late Payments of Commercial Debts (Interest) Act 1998, and any later updated versions of the same Act, to the outstanding balance which interest shall be compounded from month to month until payment is received and cleared through Mudslingerz Tyres’ bank account. Furthermore Mudslingerz Tyres retains the right to cancel outstanding Orders and suspend further deliveries to the Customer until all outstanding balances have been cleared.
• 5.2 Where the Customer has an account but money is owed to Mudslingerz Tyres beyond the terms of the account, and subject to any special terms agreed in Writing between the Customer and Mudslingerz Tyres, Mudslingerz Tyres shall be entitled to payment in full for the price of the Goods (including VAT) on the date of the Customer’s Order.
• 5.3 Where the Customer does not have a credit account with Mudslingerz Tyres, the Customer shall be obliged to pay the price of the Goods on the date of the Customer’s Order. Mudslingerz Tyres shall debit the Customer’s credit/debit card with payment in full for the Goods and applicable Value Added Tax on the date of the Customer’s Order. Mudslingerz Tyres shall have a lien over and be entitled to detain the Goods and any vehicle on which they have been fitted or in relation to which the Goods have been supplied until payment is made by the Customer.
• 5.4 If payment is declined or not authorised by the issuer of the Customer’s credit/debit card when processed by Mudslingerz Tyres then, without prejudice to any other right or remedy available to Mudslingerz Tyres, Mudslingerz Tyres shall be entitled to:
• 5.4.1 cancel the Contract or suspend any further deliveries to the Customer;
• 5.4.2 appropriate any payment made by the Customer to such of the Goods (or the goods supplied under any other contract between the Customer and Mudslingerz Tyres) as Mudslingerz Tyres may think fit (notwithstanding any purported appropriation by the Customer),
• 5.4.3 Mudslingerz Tyres shall be entitled to recover the price of the Goods, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Customer. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued.
6. DELIVERY
Delivery of the Goods shall be made by Mudslingerz Tyres or its nominated carrier delivering the Goods to the delivery address specified in the Order Confirmation or such other address as shall be approved of in advance by Mudslingerz Tyres.
• 6.1 Any dates quoted for delivery are approximate only and not guaranteed and Mudslingerz Tyres shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery or fitting shall not be of the essence of the Contract unless previously agreed by Mudslingerz Tyres in Writing. The Goods may be delivered by Mudslingerz Tyres in advance of the quoted delivery date upon giving reasonable notice to the Customer.
• 6.2 If the Customer fails to take delivery of the Goods or fails to give Mudslingerz Tyres adequate delivery instructions in the Customer’s Order then, without prejudice to any other right or remedy available to Mudslingerz Tyres, Mudslingerz Tyres may:
• 6.2.1 store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage for a period of up to 14 days; or
• 6.2.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the Contract or charge the Customer for any shortfall below the price under the Contract; or
• 6.2.3 return the Goods to the supplier and charge the Customer for any costs incurred as a result of such return.
• 6.3 Delivery of the Goods shall be evidenced by the return to Mudslingerz Tyres of its or its authorised carriers’ official packing/delivery note which, howsoever signed as acknowledgement of receipt of the goods, shall constitute absolute proof of delivery of the items specified in it.
7. RISK AND PROPERTY
• 7.1 Risk of damage to or loss of the Goods shall pass to the Customer at the time when the Goods are delivered to the delivery address specified in the Customer’s Order or such other address as shall have been approved of in advance by Mudslingerz Tyres or fitted by Mudslingerz Tyres; or
• 7.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the title to and in the Goods shall not pass to the Customer until all sums due by the Customer to Mudslingerz Tyres (including any applicable interest and charges) have been paid in full. For avoidance of doubt, all Goods supplied by Mudslingerz Tyres to the Customer which are in the Customer’s possession shall be presumed to belong to Mudslingerz Tyres unless the Customer can prove otherwise.
• 7.3 Until such time as the property in the Goods passes to the Customer, the Customer shall keep the Goods separate from those of third parties and properly stored, protected and insured and identified as Mudslingerz Tyres ‘s property.
• 7.4 Until such time as the property in the Goods passes to the Customer, Mudslingerz Tyres shall be entitled at any time to require the Customer to deliver up the Goods to Mudslingerz Tyres and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods. The Customer shall be obliged to assist and allow Mudslingerz Tyres to repossess the Goods.
• 7.5 The Customer shall not be entitled in any way to charge by way of security for any indebtedness any of the Goods which remain the property of Mudslingerz Tyres, but if the Customer does so, all moneys owing by the Customer to Mudslingerz Tyres shall (without prejudice to any other right or remedy of Mudslingerz Tyres) forthwith become due and payable.
8. RETURNS
Mudslingerz Tyres’ Return Policy contains a comprehensive guide to our returns, refunds process.
• 8.1 The Customer has up to 14 working days from the day after the goods are received to contact us in writing to let us know they have changed their mind.
• 8.1.1 If the Customer returns Goods that are to be exchanged, they will incur a carriage cost to reflect the courier costs back to Mudslingerz Tyres and the redelivery cost.
• 8.1.2 If the Customer returns Goods which are not to be replaced or exchanged, the return carries a charge of carriage return fee and a re-stocking fee of 15%.
• 8.2 Should the Customer receive faulty goods Mudslingerz Tyres must be advised within the timescales stated in the Warranty Policy.
• 8.3 Subject to Returns Policy, refunds will be at the sole discretion of Mudslingerz Tyres.
• 8.4 With the exception of Goods returned under 8.2 all returned goods must be in their original packaging, are in the same good condition in which they were received, are un-used, fitted or damaged and be inspected before entering the refund process.
• 8.5 Returns cannot be accepted for manufactured wheel rims or items imported at the customer’s request.
9. LIABILITY
• 9.1 Mudslingerz Tyres shall be under no liability in respect of any defect in the Goods arising from any inaccuracy in the Customer’s Order. Mudslingerz Tyres shall have no liability for errors in any Customer’s Order and any loss (or otherwise) that may arise therefrom.
• 9.2 Mudslingerz Tyres shall be under no liability in respect of any defect in the Goods arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow Mudslingerz Tyres ‘s instructions (whether oral or in writing) or misuse or alteration or repair of the Goods without Mudslingerz Tyres ‘s approval.
• 9.3 Save as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or Common Law are excluded to the fullest extent permitted by law.
• 9.4 Any claim by the Customer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Customer) be notified to Mudslingerz Tyres in Writing within 48 hours from the date of delivery or where the defect or failure was not apparent on reasonable inspection within 24 hours after discovery of the defect or failure. Please refer to our Warranty Policy
• 9.5 Subject to Clause 8.1, if delivery is not refused, and the Customer does not notify Mudslingerz Tyres in accordance with Clause 9.4, the Customer shall not be entitled to reject the Goods and Mudslingerz Tyres shall have no liability for such defect or failure.
• 9.6 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 Mudslingerz Tyres in accordance with these Conditions, Mudslingerz Tyres shall be entitled to replace the Goods (or the part in question) free of charge or, at Mudslingerz Tyres ‘s sole discretion, refund to the Customer the price of the Goods (or a proportionate part of the price), but Mudslingerz Tyres shall have no further liability to the Customer or any other person.
• 9.7 Except in respect of death or personal injury caused by Mudslingerz Tyres’ legally proven negligence, Mudslingerz Tyres shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Mudslingerz Tyres, its employees or agents or otherwise) which arise out of or in connection with the supply or fitting of the Goods or their use or resale by the Customer, and the entire liability of Mudslingerz Tyres under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.
• 9.8 Mudslingerz Tyres shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Mudslingerz Tyres ‘s obligations in relation to the Goods, if the delay or failure was due to any Force Majeure or other cause beyond Mudslingerz Tyres ‘s reasonable control.
10. MISCELLANEOUS
This site is controlled by Bradlor Tyres Ltd trading as Mudslingerz Tyres from its office in Northwich, Cheshire, UK. This Agreement shall be construed in accordance with the Laws of England. Any dispute arising under this Agreement shall be resolved exclusively by the Courts of England. These Terms are severable, such that the validity, in whole or part, of any term or provision contained herein shall not affect the validity of any other term or provision contained herein. Any such invalid term or provision shall be enforceable to the maximum extent permitted under applicable law. No failure or delay by Bradlor Tyres Ltd trading as Mudslingerz Tyres exercising any right hereunder shall operate as a waiver of any such right. All waivers Bradlor Tyres Ltd trading as Mudslingerz Tyres must be embodied in a written document signed by Bradlor Tyres Ltd trading as Mudslingerz Tyres. You agree that any claim or course of action you may have with respect to your use of this site, the contents, or the information contained therein must be commenced within one year after the claim or course of action arises.