TERMS & CONDITIONS OF SALE

1. Definitions

  • 1.1. In these Conditions:
    “the Company” means Accuride International Limited, company number 352801, a company registered in England and Wales whose registered office is at Liliput Road, Brackmills Industrial estate, Northampton, NN4 7AS. The Company’s VAT number is 290757823.
  • “the Buyer” means any company, firm or individual, or whose agent, to whom the Company’s acknowledgement of order is addressed.
  • “Goods” means the products (including any parts, accessories, or materials) to be supplied by the Company.
  • “the Contract” means the Contract between the Company and the Buyer for the sale and purchase of the Goods in accordance with these Conditions.
  • “the Website” means www.accuride-europe.com
  • 1.2. In these Conditions when the words “writing” or “written” are used this will include emails.

2. General

  • 2.1. In some areas the Buyer will have different rights under these Conditions depending on whether it is a business or consumer. The Buyer is a consumer if:
  • (a) it is an individual; and
  • (b) it is buying Goods from the Company wholly or mainly for the Buyer’s personal use (not for use in connection with the Buyer’s trade, business, craft or profession).
  • 2.2. The Company operates the Website.
  • 2.3. To contact the Company, telephone or email support@accuride.com. How to give the Company a formal notice in relation to any matter under the Contract is set out in paragraph 25.
  • 2.4. If any of these Conditions is held by any court or regulatory authority to be invalid or unenforceable, the validity of the remainder of the Conditions shall not be affected.
  • 2.5. The Buyer shall not be entitled to rely on any statement, warranty or representation made by an employee or agent of the Company other than a statement warranty or representation in writing signed on behalf of the Company by the Secretary or a Director.
  • 2.6. Information contained in the Company’s advertising literature (including any guides to the Company’s Goods) is provided for general guidance only.
  • 2.7. The Company may make changes to the Goods to implement minor technical adjustments and improvements. These changes will not affect the Buyer’s use of the Goods.

3. Order Process

  • 3.1. These Conditions shall apply to all contracts for the sale of Goods by the Company to the Buyer regardless, and to the exclusion of, any terms or conditions that the Buyer may purport to incorporate under any purchase order, confirmation of order or similar document.
  • 3.2. Please follow the on screen prompts to place an order. Each order is an offer by the Buyer to buy the Goods specified in the order subject to these Conditions.
  • 3.3. The order process allows the Buyer to check and amend any error before submitting the order to the Company. Please check the order carefully before confirming it. The Buyer is responsible for ensuring that the order is complete and accurate.
  • 3.4. After placing an order the Buyer will receive an automated email from the Company acknowledging receipt and acceptance of the order. At this point the Contract will come into existence.
  • 3.5. If the Company is not able to supply the Goods for any reason the Buyer will be informed of this by email. The Company will not process the Buyer’s order and payment will not be taken.

4. Quotations

  • Quotations are given without commitment. No Contract for the sale of any Goods by the Company to the Buyer shall exist unless and until the Company has confirmed acceptance of the Buyer’s purchase order by email (whether that order is based on a quotation from the Company or not).

5. Prices and Delivery Charges

  • 5.1. Prices contained in a quotation are for guidance only. Unless the Company has quoted otherwise, prices will be as quoted on the website at the time the Buyer places the order. The Company reserves the right to revise the price of Goods to take account of any increases in costs and overheads between the date of the order and the date of despatch of the Goods, including (for example) currency exchange rates, wages, materials, and transportation.
  • 5.2. Prices shown on the Website are exclusive of V.A.T., which will be charged at the rate in force at the tax point. The VAT inclusive price will be shown on the order form before the Buyer confirms the order.
  • 5.3. The price of the Goods does not include delivery charges. The Company’s delivery charges are as advised to the Buyer during the check-out process, before the Buyer confirms the order.
  • 5.4. It is always possible that despite the Company’s reasonable efforts, some of the prices of the Goods may be incorrectly quoted. If the Company discovers an error in the price quoted of the Goods the Buyer has ordered the Company will contact the Buyer to inform of the error. The Company will give the Buyer the option of continuing to purchase the Goods at the correct price or cancelling the order. The Company will not process the order until the Company has the Buyer’s instructions. If the Company is unable to contact the Buyer using the contact details provided during the order process, the Company will treat the order as cancelled and notify the Buyer in writing. If the Company mistakenly accepts and processes the order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by the Buyer as a mispricing, the Company may cancel supply of the Goods and refund any sums paid by the Buyer.

6. International Delivery

  • 6.1. If the Buyer orders Goods from the Website for delivery to an international destination, the order may be subject to import duties and taxes which are applied when the delivery reaches the international destination. Please note that the Company has no control over these charges and the Company cannot predict their amount.
  • 6.2. The Buyer will be responsible for payment of any such import duties and taxes. Please contact the local customs office for further information before placing an order.
  • 6.3. The Buyer must comply with all applicable laws and regulations of the country for which the Goods are destined. The Company will not be liable or responsible if the Buyer breaks any such law.

7. Delivery and Risk; Storage; Inspection

  • 7.1. Delivery shall occur (or be deemed to have occurred) and the risk of loss, damage or deterioration of any kind in the Goods shall pass to the Buyer:
  • (a) if the Company is to deliver the Goods (by its own transport or by its carrier) – at the time when the Goods are off-loaded at the place of delivery;
  • (b) if the Buyer is to collect the Goods (by its own transport or by its carrier) – when the Goods leave the Company’s premises; or
  • (c) if the Buyer is to collect the Goods (by its own transport or by its carrier) but has not done so within 5 working days of notification from the Company that the Goods are ready for collection – at close of business on the 5th working day.
  • 7.2. The Company shall store any Goods which the Buyer fails to collect in accordance with sub-paragraph 7.1 until delivery actually takes place and may charge the Buyer for all related costs and expenses.
  • 7.3. If 10 working days after the day on which the Company notified the Buyer that the Goods were ready for delivery the Buyer has not taken or accepted delivery of them, the Company may resell or dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Buyer for any excess over the price of the Goods or charge the Buyer for any shortfall below the price of the Goods.
  • 7.4. The Buyer shall carefully examine the Goods after delivery. The Buyer shall notify the Company in writing of any shortage or excess in the Goods delivered or any defects in the Goods that are reasonably discoverable on careful examination. Any such notice must be received by the Company within 7 working days of delivery of the Goods concerned: if the Buyer is a business time is of the essence for this purpose. If it is not received within that period, the Buyer shall be deemed to have accepted the Goods and the Company shall have no liability in respect of such defects or for any shortage or excess in the Goods delivered.
  • 7.5. If excess Goods are delivered and the Company does not receive a notice under sub-paragraph 7.4 to that effect, then the Company may at its option either repossess the excess Goods or invoice them at the Contract price.
  • 7.6. If the Company fails to deliver the Goods its liability shall be limited to the costs and expenses incurred by the Buyer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.

8. Time for, and Form of, Delivery

  • 8.1. Any time stated in the Contract for delivery shall not be of the essence of the Contract but is an estimate only. Whilst the Company will take all reasonable commercial efforts to deliver the Goods in accordance with the estimate, if it is unable to give the Buyer possession of the Goods on the delivery date at the place for delivery, this shall be not be a breach of contract or negligence. The Buyer shall not be entitled to terminate the Contract or reject the Goods and the Company shall not be liable for any consequences of the delay.
  • 8.2. The Company shall be entitled to deliver Goods by a single delivery or by instalments at its option.
  • 8.3. If the Contract provides for delivery by instalments or the Company exercises its option to deliver by instalments, each instalment shall be deemed to be the subject of a separate contract on these Conditions. Without prejudice to sub-paragraph 8.1 non-delivery or delay in delivery of any instalment shall not affect the remaining instalments or entitle the Buyer to reject them.
  • 8.4. The Company may have to suspend the supply of Goods to the Buyer to:
  • (a) Deal with technical problems or make minor technical changes; or
  • (b) Update the Goods to reflect changes in relevant laws and regulatory requirements.
  • 8.5. The Company will contact the Buyer in advance to advise the Buyer if the Company will be suspending supply of the Goods unless the problem is urgent or an emergency. The Buyer may contact the Company to terminate the Contract if suspension occurs for a period of more than 14 days. In such circumstances the Company will refund to the Buyer any sums paid in advance for the Goods affected.

9. Force Majeure

  • The Company shall not be liable for any delay or failure in carrying out its obligations which is caused wholly or partly by reason of any event outside the Company’s control including (but not limited to) act of God, delay in transportation, labour disputes, fire, flood, war, accident, Government action, inability to obtain adequate labour, materials, manufacturing facilities or energy.

10. Payment

  • 10.1. Payment shall be made in the currency of the Company’s invoice. Where full payment is not received by the due date, interest shall accrue on the sum outstanding at the rate of 8% in excess of the Bank of England base rate calculated on a daily basis but without prejudice to the Company’s rights to receive payment on the due dates.
  • 10.2. If the Buyer is a consumer then payment must be made at the time the order for the Goods is placed. The Company accepts payment by Mastercard, visa and American Express credit and debit cards.
  • 10.3. If the Buyer is a business:
  • (a) then unless otherwise provided on the Company’s invoice, the Buyer shall pay each invoice in full, without deduction or set-off, in cleared funds within 30 days of the date of the invoice. Payment shall be made to the bank account (if any) specified by the Company;
  • (b) time for payment shall be of the essence.
  • 10.4. If there is any delay or default in any payment for more than 7 days, the Company shall be entitled to suspend deliveries and/or treat the Contract as repudiated and/or re-sell any of the Goods in its possession and be indemnified by the Buyer for any loss incurred as a consequence
  • 10.5. In cases of default in complying with the terms of payment under this paragraph 10 by a Buyer that is a business, the Company shall be entitled to render invoices to be paid by the Buyer before delivery.
  • 10.6. The Buyer shall pay for any samples, sale or return, loan or demonstration goods and/or materials (including, for example, drawings, plans and specifications) not returned within one month from the date of receipt by the Buyer.

11. Retention of Title

  • 11.1. If the Buyer is a Business: Until full payment has been made of the price of the Goods and of any other sums whatsoever which are or may become outstanding from the Buyer to the Company, whether accrued due or not and whether under any particular contract or howsoever otherwise and including debts and liabilities arising before and after the date of the Contract:
  • (a) Title to the Goods shall not pass to the Buyer and the Buyer shall keep the Goods as bailee for the Company (returning the same to the Company at its request).
  • (b) The Buyer may sell the Goods in the ordinary course of its business regardless of the fact that title to the Goods has not passed to the Buyer.
  • (c) The Buyer shall store the Goods safely and separately and in a manner that they can be clearly identified as being owned by the Company.
  • (d) The Buyer will keep the Goods free from and against any charge, lien or other encumbrance.
  • (e) The Buyer shall maintain the Goods in a satisfactory condition and keep them insured against all risks for their full price from the date of delivery.
  • (f) The Buyer shall notify the Company immediately if it becomes subject to any of the events listed in paragraph 21.1.
  • 11.2. If before title to the Goods passes to the Buyer the Buyer becomes subject to any of the events listed in paragraph 21.1 then, without limiting any other right or remedy the Company may have:
  • (a) The Buyer’s right to resell the Goods or use them in the ordinary course of its business ceases immediately;
  • (b) The Company may at any time require the Buyer to deliver up all Goods in its possession; and
  • (c) The Buyer shall permit the employees or agents of the Company to enter the Buyer’s premises to re-possess Goods that are subject to the Company’s retention of title. If the Goods are at the premises of a third party then the Buyer will, if required to do so by the Company, arrange for the Goods to be returned to the Company.

12. Drawings, Specifications etc.

  • 12.1. The images of the Goods on the Company website are for illustrative purposes only. Where given by the Company (and whether or not contained in the Contract documentation) all descriptions, drawings, illustrations, particulars of weights and measure, rating standards statements or details or specifications or other descriptive matter are approximate only. The Goods will be in accordance with the Company’s specification at the time of manufacture. Any earlier descriptions, drawings, illustrations, particulars of weights and measure, rating standards statements, specifications or details shall not form part of the parts or services supplied or to be supplied and the Company shall not have any liability for them.
  • 12.2. All specifications, drawings, etc. prepared by the Company for the purpose of a quotation or tender or otherwise shall remain owned by the Company and shall be returned to the Company on request. The Buyer shall not disclose them to third parties and shall not copy, lend or use them in any way without the consent of the Company.
  • 12.3. The Company reserves the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirements.

13. Intellectual Property Rights

  • 13.1. The Buyer warrants and represents that any design or instruction furnished or given by it will not cause the Company, in carrying out its contract with the Buyer, to infringe any patent, registered design right, trade mark, copyright, know-how, trade secret or any other intellectual property right owned by a third party.
  • 13.2. The sale by the Company of the Goods shall not give the Buyer any licence or right to use any invention, patent, copyright, registered design right, copyright, know-how, trade secret or other intellectual property right owned or used by the Company except to the extent that one or more of such rights may be embodied in the Goods.
  • 13.3. The Buyer agrees:
  • (a) not to alter or remove any trademarks of the Company which have been applied to the Goods;
  • (b) not to apply any other trade marks to the Goods; and
  • (c) not to make any alteration to the state, condition or packing of the Goods before any resale.

14. Indemnity

  • 14.1. The Buyer shall indemnify the Company against all actions, claims or demands by third parties arising (whatever the cause of action) directly or indirectly in connection with:
  • (a) the use, functioning or the state of the Goods, after risk in the Goods has passed to the Buyer in accordance with paragraph 7.1; and
  • (b) recovery of all outstanding debts due to the Company by the Buyer

15. Warranty

  • 15.1. The Company warrants that Goods, parts or materials manufactured by it will be of good materials and workmanship and that reasonable care will be used in assembling or incorporating items not manufactured by it. Provided the Buyer has not tampered with the Goods and has used the Goods in the manner prescribed by the Company (or otherwise in a reasonable manner and consistent with any performance criteria recommended by the Company for the Goods), the Company will (subject to the consumer rights set out in paragraph 17) at its own expense or at its option replace or repair any Goods that are proved to have been defective in terms of this warranty. If the Company exercises this option to replace or repair Goods, then it shall have no further liability for breach of the warranty.
  • 15.2. The same warranty shall apply in relation to any replacement or repaired Goods.
  • 15.3. Any claim under the warranty shall be absolutely barred unless the Buyer gives written notice of the claim under the warranty within 24 months of the date of delivery (as defined in paragraph 7.1) of the Goods or of replacement or repaired Goods.
  • 15.4. If the Buyer is a business, then all warranties, terms or conditions which provide that the Goods will match any particular description, fitness for purpose or quality, whether implied by common law or statute shall be excluded from this contract.
  • 15.5. Subject to paragraph 15.6 if:
  • (a) the Buyer gives notice under sub-paragraph 15.3;
  • (b) the Company is given a reasonable opportunity to examine the Goods; and
  • (c) the Buyer (if asked to do so by the Company) returns such Goods to the Company’s place of business at the Buyer’s cost,
  • the Company shall, at its option, repair or replace the defective Goods or refund the price of the defective Goods.
  • 15.6. The Company shall not be liable for the Goods’ failure to comply with the warranty set out in accordance with sub-paragraph 15.1 in any of the following events:
  • (a) The Buyer makes any further use of such Goods after giving notice in accordance with sub-paragraph 15.3;
  • (b) The defect arises because the Buyer has failed to follow the Company’s oral or written instructions as to the storage, installation, use or maintenance of the Goods or (if there are none) good industry practice regarding the same;
  • (c) [The defect arises as a result of the Company following any drawing, design or specification supplied by the Buyer;]
  • (d) The defect arises as a result of fair wear and tear, wilful damage, negligence or abnormal storage or working conditions; or
  • (e) The Goods differ from their description as a result of changes made to ensure that they comply with applicable statutory or regulatory requirements.
  • 15.7. Except as provided in this paragraph 15 the Company shall have no liability to the Buyer in respect of the Goods’ failure to comply with the warranty set out in sub-paragraph 15.1.
  • 15.8. Except as expressly stated in these terms, the Company does not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particularly, the Company will not be responsible for ensuring that the Goods are suitable for the Buyer’s purposes.
  • 15.9. Please see www.accuride-europe.com/support/shipping

16. Exclusion and Limitation – when the Buyer is a business

  • 16.1. Nothing in these Conditions shall limit or exclude the Company’s liability for:
  • (a) Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
  • (b) Fraud or fraudulent misrepresentation;
  • (c) Breach of the terms implied by section 12 of the Sale of Goods Act 1979;
  • (d) Defective products under the Consumer Protection Act 1987; or
  • (e) Any other matter in respect of which it would be unlawful for the Company to exclude or restrict liability.
  • 16.2. Subject to paragraph 16.1, the Company shall not be under any liability to the Buyer for any indirect, consequential or special loss or damage or claim by the Buyer including (but not limited to):
  • (a) delay,
  • (b) detention,
  • (c) loss of production,
  • (d) loss of profit,
  • (e) loss of anticipated gain,
  • (f) loss of time,
  • (g) charges or liability to third parties,
  • even if the Company has been advised of the possibility of such loss or damage.
  • 16.3. Subject to paragraph 16.1, the Company’s liability to the Buyer arising out of any breach of this contract, or under any other cause of action, shall be limited to damages and such damages shall not (subject to statute) in any circumstances exceed 150% of the price of the Goods (or in the case of a defect in a part only then the cost of manufacture of such part).
  • 16.4. These limitations will apply even in the case of breach of a fundamental term or repudiation by the Company and even if further performance of the Contract is frustrated.

17. The Buyer’s rights in respect of defective Goods – when the Buyer is a consumer

  • 17.1. If the Buyer is a consumer the Company is under a legal duty to supply Goods that are in conformity with the contract.
  • 17.2. Under the Consumer Rights Act 2015 the Goods must be as described, fit for purpose and of satisfactory quality. During the lifespan of the Goods the Buyer’s legal rights entitle it to the following:
  • (a) Up to 30 days: if the Goods are faulty then the Buyer is entitled to an immediate refund;
  • (b) Up to six months: if the Goods cannot be repaired or replaced then the Buyer is entitled to a full refund in most cases.
  • (c) Up to six years: if the Goods do not last a reasonable length of time then the Buyer may be entitled to some money back.
  • 17.3. To exercise the right to reject Goods then the Goods must be returned to the Company. Please see www.accuride-europe.com/support/shipping
  • 17.4. The Company shall not be liable to the Buyer in any of the following events:
  • (a) The Buyer makes any further use of such Goods after giving notice in accordance with sub-paragraph 17.3;
  • (b) The defect arises because the Buyer has failed to follow the Company’s oral or written instructions as to the storage, installation, use or maintenance of the Goods or (if there are none) good industry practice regarding the same;
  • (c) [The defect arises as a result of the Company following any drawing, design or specification supplied by the Buyer;]
  • (d) The defect arises as a result of fair wear and tear, wilful damage, negligence or abnormal storage or working conditions; or
  • (e) The Goods differ from their description as a result of changes made to ensure that they comply with applicable statutory or regulatory requirements.

18. Responsibility for loss or damage suffered by the Buyer if the Buyer is a consumer

  • 18.1. If the Company fails to comply with these Conditions it is responsible to the Buyer for loss or damage suffered by the Buyer that is a foreseeable result of the Company breaching the Contract but the Company is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen or it, at the time the contract was made, both parties know it might happen, for example because it was discussed during the sales process.
  • 18.2. Nothing in these Conditions shall limit or exclude the Company’s liability for:
  • (a) Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
  • (b) Fraud or fraudulent misrepresentation;
  • (c) Breach of the Buyer’s legal rights as summarized in paragraph 17;
  • (d) Defective products under the Consumer Protection Act 1987; or
  • (e) Any other matter in respect of which it would be unlawful for the Company to exclude or restrict liability.
  • 18.3. When the Buyer is a consumer then the Company only supplies the Goods to the Buyer for domestic or private use. If the Buyer uses the Goods for any commercial, business or re-sale purpose the Company’s liability to the Buyer will be limited as set out in paragraph 16.

19. Items for incorporation for the Goods.

  • 19.1. Where any parts, components, materials, articles etc (“items”) for incorporation in the Goods are issued free of charge to the Company by the Buyer or a supplier nominated by the Buyer or where the Buyer stipulates that the Company shall purchase such items from a third party nominated by the Buyer:
  • (a) The Company shall not be liable to the Buyer in any circumstances whatsoever for any loss or damage of any description resulting from the non-delivery or late delivery to the Company of such items or from the failure of such items to meet the Buyer’s specification or to be of satisfactory quality.
  • (b) The Buyer shall reimburse the Company in respect of any loss or damage sustained by the Company (including liability to third parties) where such loss or damage is occasioned by or attributable to the non-delivery to the Company of such items or from the failure of such items to meet the Buyer’s specification or to be of satisfactory quality.

20. Sub-Contracting

  • The Company shall be entitled to sub-contract all or any of its obligations under the Contract for the manufacture and sale of the Goods.

21. Termination by the Company

  • 21.1. If the Buyer commits a breach of the Contract or defaults in any of its obligations to the Company; or if any distress or execution is levied on any of the Buyer’s property or assets; or if the Buyer (being an individual) makes or offers to make any arrangements or composition with creditors or commit any act of bankruptcy or if any petition or receiving order in bankruptcy shall be presented or made against the Buyer; or (if the Buyer is a corporate organisation) any resolution or petition to wind up the Buyer (other than for the purpose of amalgamation or reconstruction) is passed or presented, or if a receiver is appointed in respect of the Buyer’s undertaking, property or assets or any part of them; or the Buyer obtains a moratorium; or Buyer's financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Contract is in jeopardy the Company shall have the right forthwith to terminate the Contract.
  • 21.2. On written notice of termination being given to the Buyer, all supporting contracts shall be deemed to have been terminated and the Company shall be entitled to recover from the Buyer all losses arising as a consequence.
  • 21.3. Without limiting its other rights or remedies, the Company may suspend provision of the Goods if the Buyer becomes subject to any of the events listed in paragraph 21.1 or the Company reasonably believes that the Buyer is about to become subject to any of them or if the Buyer fails to pay any amount due to the Company on the due date for payment.
  • 21.4. Any provision of these Conditions that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

22. Termination by the Buyer when the Buyer is a consumer

  • 22.1. If the Buyer is a consumer then the Buyer has a legal right to change its mind about the Contract within 14 days and to receive a refund under the Consumer Contracts Regulations 2013.
  • 22.2. The Buyer has 14 days after the day it receives the Goods to change its mind. If the Goods have been delivered in instalments then the 14 day period runs from the date of the last delivery.
  • 22.3. To end the Contract, the Buyer must contact the Company using the contact information set out in these Conditions or complete the form on the Website.
  • 22.4. If the Buyer terminates the Contract after the Goods have been dispatched to the Buyer, the Buyer must return the Goods to the Company. Please see www.accuride.europe.com/support/shipping. The Buyer must send the Goods back to the Company within 14 days of telling the Company it wishes to end the Contract.
  • 22.5. The Company will make any refunds due to the Buyer within 14 days from the day on which the Company receives the Goods from the Buyer or, if the Goods were not dispatched by the Company, within 14 days of the Buyer telling the Company that it has changed its mind.

23. Confidentiality

  • 23.1. Each party undertakes that it shall not at any time during the Contract and for a period of 2 years after fulfilment of the Contract, disclose to any person any confidential information concerning the business, affair, customers, clients or suppliers of the other party except as permitted by paragraph 23.2 below.
  • 23.2. Each party may disclose the other party’s confidential information:
  • (a) To its employees, officers, representatives or advisors who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with the Contract. Each party shall ensure that any person to whom it discloses confidential information complies with this paragraph 23; and
  • (b) As may be required by law or a court of competent jurisdiction or any governmental or regulatory authority.

24. General

  • 24.1. If the Buyer is a business the terms and conditions of the Contract are the entire agreement between the parties with regard to their subject matter and no other terms, conditions, warranties or statements (unless fraudulent) will apply.
  • 24.2. Each party acknowledges that in entering into the Contract it does not do so on the basis of, and does not rely on any representation, unless made fraudulently, warranty or other provision not expressly contained in the Contract.
  • 24.3. If a court decides that any part of the Contract cannot be enforced, that particular part of the Contract will not apply, but the rest of the Contract will.
  • 24.4. A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions.
  • 24.5. Failure or delay in exercising any right under the Contract shall not prevent the exercise of that or any other right.
  • 24.6. The Buyer may not assign or transfer any benefit, interest or obligation under the Contract.
  • 24.7. Save for any third party purchaser, the provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Contract.
  • 24.8 These Conditions and the Contract are made only in the English language.

25.Notices

  • 25.1. Any notice or other communication given to a party under or in connection with the Contract shall be in writing and shall be:
  • (a) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
  • (b) sent by email to the address specified to the Company at support@accuride.com or to the Buyer at the address specified in the Buyer’s order.
  • 25.2. Any notice or communication shall be deemed to have been received:
  • (a) if delivered by hand, on signature of a delivery receipt;
  • (b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting or at the time recorded by the delivery service;
  • (c) if sent by email, at 9.00 am on the next working day after transmission.
  • 25.3. This paragraph does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

26. Governing Law and Jurisdiction if the Buyer is a business

  • 26.1. The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation shall be governed by and construed in accordance with English law.
  • 26.2. Each party irrevocably agrees that the Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation shall be subject to the jurisdiction of the English Courts.

27. Governing law and Jurisdiction if the Buyer is a consumer

  • 27.1. The Contract is governed by English law and the Buyer can bring legal proceedings in respect of Goods in the English courts. If the Buyer lives in Scotland the Buyer can bring legal proceedings in respect of the Goods in either the Scottish or the English courts. If the Buyer lives in Northern Ireland the Buyer can bring legal proceedings in either the Northern Irish or the English courts.

MODEL CANCELLATION FORM

(Complete and return this form only if you wish to withdraw from the contract)

To

ACCURIDE INTERNATIONAL LIMITED of Liliput Road,

Brackmills Industrial Estate,

Northampton, NN4 7AS

[TELEPHONE NUMBER AND E-MAIL ADDRESS]:

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate