Terms and Conditions
Last Updated : Feb. 2024
With the aim of simplicity and transparency, we have broken our various terms and conditions into different sections to make them easier to understand.
Below you will find our Website Terms of Use and our Terms and Conditions of Sale along with summaries and links to our Privacy Policy and Cookie Policy.
Should any error, exception, or contradiction be found within any of these terms, it is understood that the overriding term or condition is that which is deemed to be most favourable to Larrington Trailers Ltd.
These terms of service ("Terms", "Agreement") are an agreement between the website ("Website operator", "us", "we" or "our") and you ("User", "you" or "your").
This Agreement sets forth the general terms and conditions of your use of this website and any of its products or services (collectively, "Website" or "Services").
Use of cookies
Our website may use cookies to personalize and facilitate navigation and usage of our site by its User. The User may configure their browser to notify and/or reject the installation of any cookies sent by us if they wish or choose to do so, but certain features may only be available to the User by agreeing to certain cookies.
More information on our use of cookies can be found in our Cookie Policy.
Links to other websites
Although this Website may be linked to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website.Your linking to any other off-site pages or other websites is at your own risk.
Application and entire Agreement
1. The following terms and conditions of sale ("Terms of Sale") will apply to the purchase of any goods or services detailed in one of our quotations or
order confirmations ("Goods") by
the buyer ("You" or "Customer" or "Buyer") from Larrington Trailers Ltd, a company
registered in England and Wales under number
Road, Boardsides, Lincolnshire, PE217PB ("we" or "us" or "Seller").
2. These Terms of Sale will be deemed to have been accepted by you when you accept them or the relevant quotation/order confirmation, or from the date of any collection/delivery
of the Goods (whichever happens
earlier) and will constitute the entire agreement between us and you.
3. These Terms of Sale and the quotation/order confirmation (together, the Contract) apply to the
purchase and sale of any Goods between us and you, to the exclusion of
any other terms that you try to
impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Interpretation
4. A "business day" means any day other than a Saturday, Sunday or bank holiday in England and Wales.
5. The headings in these Terms of Sale are for convenience only and will not affect their
interpretation.
6. Words imparting the singular number include the plural and vice-versa.
Goods
7. The description of the Goods is set out in our sales documentation, unless expressly changed in our
quotation/order confirmation. In accepting the quotation you acknowledge
that you have not relied upon
any statement, promise or other representations about the Goods by us. Descriptions of the Goods set out
in our sales documentation are intended
as a guide only and may be subject to change.
8. We reserve the right to make any changes to the specification of the Goods which are required to conform
to any applicable safety or other statutory or regulatory requirements.
Price
9. The price (Price) of the Goods is set out in our quotation/order confirmation current at the date of your
order or such other price as we may agree in writing.
10. If the cost of the Goods to us increases due to any factor beyond our control including, but not limited
to, material costs, labour costs, alteration of exchange rates or duties,
or changes to delivery rates, we
can increase the Price at any point prior to completion of manufacture or Pre-Delivery Inspection ('PDI') (whichever happens last).
11. Any increase in the Price under the clause above will only take place after we have told you about it.
12. You may be entitled to discounts. Any and all discounts will be at our discretion.
13. The Price is exclusive of fees for packaging and transportation / delivery.
14. The Price is exclusive of any applicable VAT and other taxes or levies which are imposed or charged
by any competent authority.
Cancellation and alteration
15. Details of the Goods as described in the clause above (Goods) and set out in our sales documentation
are subject to alteration without notice and are not a contractual offer to
buy, sell or provide those Goods in any way advertised if it is deemed to have been incorrect at the time and requiring change.
16. The quotation (including any non-standard price negotiated in accordance with the clause on Price
(above) is valid for a period of 1 day from the date shown in it or for the
period specified in the
quotation (xx days from date of issue) unless expressly withdrawn by us at an earlier time.
17. Either of us can cancel the order for any reason prior to your acceptance (or rejection) of the quotation.
Payment
18. We will invoice you for the Price either:
(a) as soon as the Goods reach final stages of manufacturing (where applicable this will usually be when
the Goods are ready for painting).
(b) where the Goods are to be collected by you or where you wrongfully do not take delivery of the
Goods, at any time after we have notified you that the Goods are ready for
collection or we have
tried to deliver them.
19. You must pay the Price within 3 days of the date of our invoice or otherwise according to any credit
terms agreed between us.
20. You must make payment even if collection/delivery has not taken place and/or that the title in the
Goods has not passed to you.
21. If you do not pay within the period set out above, we reserve the right to halt any other outstanding
orders you may have with us, suspend any further deliveries of Goods to you
and without limiting any
of our other rights or remedies for statutory interest, reserve the right to charge you interest at the rate
of 2% per annum above the base rate of the Bank
of England from time to time on the amount
outstanding until you pay the Price in full.
22. Time for payment will be of the essence of the Contract between us and you.
23. All payments must be made in British Pounds (GBP) unless otherwise agreed in writing with us.
24. Both parties must pay all amounts due under these Terms of Sale in full without any deduction
or withholding except as required by law and neither party is entitled to
assert any credit, set-off or
counterclaim against the other in order to justify withholding payment of any such amount in whole or
in part.
Delivery
25. Unless otherwise agreed between us in writing, you must collect the Goods from our premises on
completion of manufacture.
26. No Goods will be delivered or allowed to leave our premises unless payment has been received in full.
27. If delivery has been agreed, subject to the specific terms of any special delivery service, delivery can
take place at any time of the day and must be accepted at any time
between 7 am to 9 pm.
28. If you do not take delivery of the Goods we may, at our discretion and without prejudice to any other
rights:
(a) store or arrange for the storage of the Goods and will charge you for all associated costs and
expenses including, but not limited to, transportation, storage and insurance;
and/or
(b) make arrangements for the redelivery of the Goods and will charge you for the costs of such
redelivery; and/or
(c) after 10 business days, resell or otherwise dispose of part or all of the Goods and charge you for any
shortfall below the price of the Goods.
29. If redelivery is not possible as set out above, you must collect the Goods from our premises and will
be notified of this. We can charge you for all associated costs including, but not
limited to storage and
insurance.
30. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We
will not be liable for any delay in delivery of the Goods that is caused by a
circumstance beyond our
control or your failure to provide us with adequate delivery instructions or any other instructions that
are relevant to the manufacture or supply of the Goods.
31. We can deliver the Goods by instalments, which will be invoiced and paid for separately. Each
instalment is a separate contract. Any delay in delivery or defect in an instalment will
not entitle you
to cancel any other instalment.
Inspection and acceptance of Goods
32. You must inspect the Goods on delivery or collection.
33. If you identify any damages or shortages, you must inform us in writing within 3 days of delivery,
providing details.
34. Other than by agreement, we will only accept returned Goods if we are satisfied that those Goods are
defective, and if required have carried out an inspection said Goods.
35. Subject to your compliance with this clause and/or our agreement, you may return the Goods and we
will, as appropriate, repair or replace, or refund the Goods or part of them.
36. We will be under no liability or further obligation in relation to the Goods if:
(a) if you fail to provide notice as set above; and/or
(b) you make any further use of such Goods after giving notice under the clause above relating to
damages and shortages; and/or
(c) the defect arises because you did not follow our oral or written instructions about the storage,
commissioning, installation, use and/or maintenance of the Goods; and/or
(d) the defect arises from normal wear and tear of the Goods; and/or
(e) the defect arises from misuse or alteration of the Goods, negligence, wilful damage or any other act
by you, your employees or agents or any third parties.
(f) the name, badge(s), identification and/or branding/marking or stickers are purposefully removed or defaced, either in part or in full.
37. You bear the risk and cost of returning the Goods.
38. Acceptance of the Goods will be deemed to be upon inspection of them by you and in any event
within 3 days of collection (or delivery where applicable).
Risk and Title
39. The risk in the Goods will pass to you on collection (or completion of delivery where applicable)
40. Title to the Goods will not pass to you until we have received payment in full (in cash or cleared
funds) for:
(a) the Goods; and/or
(b) any other goods or services that we have supplied to you in respect
of which payment has become due.
Termination
41. We can terminate the sale of Goods under the Contract where:
(a) you commit a material breach of your obligations under these Terms of Sale;
(b) you are, or become, or in our reasonable opinion, are about to become the subject of a bankruptcy
order or take advantage of any other statutory provision for the relief of
insolvent debtors;
(c) you enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme
or arrangement is made with your creditors; or
(d) you convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a
receiver, manager, administrator or administrative receiver appointed in
respect of your assets or
undertakings or any part thereof, any documents are filed with the court for the appointment of an
administrator, notice of intention to appoint an
administrator is given by you or any of your directors
or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency
Act 1986), a resolution is
passed or petition presented to any court for the winding up of your affairs
or for the granting of an administration order, or any proceedings are commenced relating to your
insolvency or possible insolvency.
Limitation of Liability
42. Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or
otherwise will be limited to this section.
43. Subject to the clauses above on Inspection and Acceptance and Risk and Title, all warranties,
conditions or other terms implied by statute or common law (save for those implied
by Section 12 of
the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.
44. If we do not deliver the Goods, our liability is limited, subject to the clause below, to the costs and
expenses incurred by you in obtaining replacement goods of similar description
and quality in the
cheapest market available, less the price of the Goods.
45. Our total liability will not, in any circumstances, exceed the total amount of the Price payable by you.
46. We will not be liable (whether caused by our employees, agents or otherwise) in connection with the
Goods, for:
(a) any indirect, special or consequential loss, damage, costs, or expenses; and/or
(b) any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or
goodwill; business interruption; or, other third party claims; and/or
(c) any failure to perform any of our obligations if such delay or failure is due to any cause beyond our
reasonable control; and/or
(d) any losses caused directly or indirectly by any failure or breach by you in relation to your
obligations; and/or
(e) any loss relating to the choice of the Goods and how they will meet your purpose or the use by you
of the Goods supplied.
47. The exclusions of liability contained within this clause will not exclude or limit our liability for death
or personal injury caused by our negligence; or for any matter for which it would
be illegal for us to
exclude or limit our liability; and for fraud or fraudulent misrepresentation.
Communications
48. All notices under these Terms of Sale must be in writing and signed by, or on behalf of, the
party giving notice (or a duly authorised officer of that party).
49. Notices will be deemed to have been duly given:
(a) when delivered, if delivered by courier or other messenger (including registered mail) during the
normal business hours of the recipient;
(b) when sent, if transmitted by fax or email and a successful transmission report or return receipt is
generated;
(c) on the fifth business day following mailing, if mailed by national ordinary mail; or if sent by email and no return receipt was generated; or
(d) on the tenth business day following mailing, if mailed by airmail.
50. All notices under these Terms of Sale must be addressed to the most recent address or email
address notified to the other party.
Data Protection
51. When providing the Goods to the Buyer, the Seller may gain access to and/or acquire the ability to
transfer, store or process personal data of employees of the Buyer.
52. The parties agree that where such processing of personal data takes place, the Buyer shall be 'data
controller' and the Seller shall be the 'data processor' as defined in the General
Data Protection
Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
53. For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data
Subject' shall have the same meaning as in the GDPR.
54. The Seller shall only Process Personal Data to the extent reasonably required to enable it to provide
the Goods as mentioned in these Terms of Sale or as requested by and
agreed with the Buyer, and shall not retain any Personal Data longer than necessary.
55. The Seller shall not disclose Personal Data to any third parties other than their own employees, directors, agents,
subcontractors or advisors on a strict "need-to-know" basis and
only under the same (or more
extensive) conditions as set out in these Terms of Sale or to the extent required by applicable
legislation and/or regulations.
56. The Seller shall implement and maintain technical and organisational security measures as are
required to protect Personal Data processed by the Seller on behalf of the Buyer.
Further information can be found in our Privacy Policy.
Circumstances beyond the control of either party
57. Neither party shall be liable for any failure or delay in performing their obligations where such failure
or delay results from any cause that is beyond the reasonable control of that
party. Such causes
include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of
terrorism, acts of war, governmental action or any other
event that is beyond the control of the party in
question.
No Waiver
58. No waiver by us of any breach of these Terms of Sale by you shall be considered as a waiver
of any subsequent breach of the same or any other provision.
Severance
59. If one or more of these Terms of Sale is found to be unlawful, invalid or otherwise
unenforceable, that/those provisions shall be deemed severed from the remainder of these
Terms of Sale (which will remain valid and enforceable).
Law and Jurisdiction
60. This Agreement shall be governed by and interpreted according to the law of England and Wales and
all disputes arising under the our Terms of Sale (including non-contractual
disputes or claims) shall be
subject to the exclusive jurisdiction of the English and Welsh courts.
Our website may use cookies to personalize and facilitate navigation and usage of our site by its User. The User may configure their browser to notify and/or reject the installation of any cookies sent by us if they wish or choose to do so, but certain features may only be available to the User by agreeing to certain cookies.
More information on our use of cookies can be found in our Cookie Policy.
We are committed to providing people with the best possible service and experience and to help us achieve this goal we might collect personal data from customers and/or any User.
More information on what personal data might be captured and how it may be used can be found in our Privacy Policy.