TERMS AND CONDITIONS OF SALE AND SUPPLY
For the purpose of this document, “Ibex” means Foers Engineering Ltd., Ibex Automotive Ltd. and the trading name, ‘Ibex Automotive’; “goods” means any item of whatsoever nature or part thereof or service which is sold or supplied by Ibex; “vehicle” means any vehicle comprising all or any of the goods; “customer” means the person, company or entity who buys or has agreed to buy the goods.
1. Acceptance of order
1.1 Payment of an initial deposit or stage 1 deposit is considered an order and acceptance of these Terms and Conditions and forms a legally binding contract between the customer and Ibex whereby the customer agrees to pay in full for the goods and services ordered in accordance with the payment schedule.
1.2 Full name and address of the customer is required.
2. Estimates and Pricing
2.1 Unless otherwise stated in writing the prices advised by Ibex are exclusive of packaging, freight and insurance charges, charges for delivery, VAT and other applicable taxes, duties or levies of any kind whatsoever, all of which are payable in addition by the customer.
2.2 Any date for delivery, collection or completion of work advised by Ibex is an estimate only and Ibex will in no circumstance be under any liability whatsoever for any failure to make the goods available by such date.
2.3 Any lead times advised are estimates based on the specification at that time. Any delay between offering a delivery estimate and placement order, delay in the customer confirming their specification, delay in payment of invoice or any changes to the original specification may delay completion of the order.
3.1 A deposit of minimum £1,000 (which includes VAT where applicable) is required to place an order and secure a place in the order book for an Ibex kit, full or partially built vehicle.
3.2 For standard bodyshell kits a minimum 50% deposit is required prior to the start of production or purchase of goods or materials associated with production. The balance of payment is required upon completion and prior to delivery or collection.
3.3 For non standard bodyshell kits, full or partially built vehicles or orders including the supply of additional parts or services a minimum 50% deposit is required prior to the start of production or purchase of goods or materials associated with the build. Interim payments may be required depending on specification. The payment of any remaining balance due is required upon completion and prior to delivery or collection.
3.4 For component parts, spares, commissioned or from stock payment is required in full on a proforma basis.
3.5 The time of payment shall be of the essence of any contract to which these conditions apply and invoices for deposit or interim payments must be paid in full or work may be suspended or delayed
3.6 VAT at the prevailing rate is applicable to all goods ordered.
3.7 Goods remain the property of Ibex until paid for in full.
3.8 Payments may be made by Bank Transfer, cheque (made payable to Foers Engineering Ltd) or cash (for amounts below Euro 10,000 either as a single or multiple transaction for any contract or related contract. We cannot accept cash payments totaling Euro 10,000 or above).
3.9 All charges relating to payments are to be paid by the customer. Typically, payments made by International transfer, cheque and cash incur charges by either or both the payee or beneficiary bank.
3.10 Interest will be charged on payments not made within 30 days of the due date stated on the invoice.
3.11 All payments are strictly non transferable.
4.1 Cancellation by the customer of orders for the manufacture of Ibex vehicles either fully built, partially built or in kit form, including standard kits:
4.1.1 Cancellation up to 7 days after acceptance of order (deemed to be the date on which payment of the initial deposit is received) will be accepted on the understanding that the initial deposit or stage 1 deposit payment will be forfeited in full by the customer.
4.1.2 Cancellation more than 7 days after commencement of order (deemed to be the date on which payment of the initial deposit or stage 1 deposit is received) is entirely at the discretion of Ibex. Where cancellation is accepted by Ibex this will result, as a minimum, in forfeiture of the initial deposit or stage 1 deposit and any additional deposit or interim payments unless agreed otherwise in writing by Ibex. In such case any interim or additional deposit payments will only be refunded in part less charges at full retail price for materials, goods and services procured/ordered, including consultation and administrative costs associated with the order at the time of cancellation and for any loss of business as a consequence of cancellation up to the full purchase price of the order. Ibex reserves the right to charge the full order value.
4.2 Orders for goods and services made specifically for the customer and paid for in full on a proforma basis or invoiced in advance cannot be canceled following the confirmation of that order.
4.3 Ibex reserves the right to end the contract at any time in writing. Where Ibex ends the contract due to breach of contract by the customer, refund will be limited to payments received less charges at full retail price for materials, goods and services procured/ordered, including consultation and administrative costs associated with the order at the time of cancellation. Where Ibex ends the contract for other reasons, including Force Majeure, payments will be refunded in full.
5.1 Changes to the specification or additions to the order content will be accommodated wherever possible but may incur additional charges and delay completion. Ibex reserves the right to reject any customer requested changes or additions that it deems unsuitable, unsafe or non compliant with legislation.
5.2 Changes or additions requested by the customer will only apply once confirmed in writing by Ibex.
5.3 Where a customer requests changes or potential changes that require design and or consultation, this work will be charged for at our standard hourly rate (details of which may be requested at the time such work is ordered), regardless of whether or not such changes are ultimately implemented.
5.4 Ibex reserves the right to modify the specification or design of its products to comply with any legislative requirements or in accordance with its own product development.
6. International orders
6.1 Vehicles supplied to overseas customers are supplied on an Ex-works basis unless otherwise stated. Importation in to the destination country is the responsibility of the customer. An amount, equivalent to the UK VAT amount will be charged initially and refunded only when Ibex receives satisfactory proof of export within the required time frame. All vehicles or other goods supplied overseas are delivered duty unpaid. The customer is responsible for all taxes, duties, levies and charges including both the payee and beneficiary bank charges. The customer is liable to pay UK VAT if the export requirements for zero rating are not met.
7. Order Completion
7.1 Payment for and collection of goods is required promptly upon completion and in any case within 2 weeks of completion. Goods will not be released until full payment has been received. Storage charges will apply where late payment and/or late collection occurs.
7.2 Goods are supplied on an Ex-works basis unless otherwise stated.
7.3 Unless otherwise agreed by Ibex collection is within normal office ours: 09:00 – 17:00 Monday to Friday and by prior arrangement only.
8. Force Majeure
8.1 Ibex shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is due to causes beyond it’s reasonable control, including but not limited to acts of God, war, strikes or labour disputes, embargoes, government orders, weather, disease or any other force majeure event.
9. Limit of Liability
9.1 Ibex shall under no circumstances whatsoever be liable to the customer, whether in contract, tort, breach of statutory duty, otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract.
9.2 Ibex total liability to the customer in respect of all other losses arising under or in connection with the Contract, whether on contract, tort, breach of statutory duty or otherwise, shall in no circumstances exceed the price of goods or services in the order to which the breach relates.
9.3 This condition shall survive termination of the Contract.
10.1 Terms of Sale and any contract entered in to either in writing verbal or implied shall be governed by English Law.
11.1 The headings in this document shall not affect the meaning or interpretation of these Conditions.
11.2 Each of the paragraphs in these Conditions operates separately. If any court or relevant authority deems that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
12. Other Important Terms
12.1 Nothing in these Conditions shall affect the statutory rights of any person dealing with Ibex as a consumer.
12.2 The customer may not transfer their rights or obligations under these Conditions to any other person or entity unless agreed in writing by Ibex.
12.3 The terms and conditions written in this document are the only terms applicable to the contract. No other terms discussed, written or implied form any part of the contract.