Xanthos Sports Cars

TERMS AND CONDITIONS

PLEASE READ CAREFULLY THE TERMS AND CONDITIONS WHICH GOVERN

THE AGREEMENT BEFORE AUTHORISATION TO PROCEED

DEFINITIONS

 1.   In this agreement:

(a)      "The Company" means Silverthorn Designs Ltd.

(b)      "The Customer" means the customer specified on the front of this page.

(c)      The "goods" mean the article or motor vehicle upon which the company will carry out work.

WARRANTY

2.   The Company warrants that it shall carry out the work, whether by itself or a sub contractor, with due diligence and with reasonable care and skill using all proper materials.

PAYMENT

3.  

(a)       Immediately upon delivery of the goods to the Company the Customer shall pay the deposit specified in the estimate which shall be held by the Company against payment of the final invoice delivered to the Customer.

(b)      During the course of the work the Company may every 28 days after delivery of the goods value such work as it has carried out and serve upon the customer an invoice containing such valuation.

(c)      Upon service of each invoice under sub clause (b) hereof the amount therein shall become a debt payable by the customer to the Company and the same shall be paid within 14 days after the date of the service.

(d)      Upon completion of the work the Company shall serve upon the Customer a final invoice containing the value of the work carried out by the Company.  Upon service of such invoice the balance of the amount due to the Company, being the value of the work carried out less payments made, shall become a debt payable by the Customer to the Company.

(e)      If the Customer shall fail to pay any invoice pursuant to sub clause (c) and/or (d) hereof the Company will charge and the Customer agrees to pay interest upon each such debt at the base rate for the time being of Barclays Bank plus 4% per annum until payment is made.

(f)       The Customer agrees that punctual payment as set above is of the essence of this agreement.

(g)       (i)      All sums payable under this Agreement unless otherwise stated are exclusive of Value Added Tax.

        (ii)     Any Value Added Tax payable in respect of such sums shall be payable in addition to such sums.   

PHOTOGRAPHS

4.   The Company shall have the right while the goods are in the possession of the Company to use the goods for the purpose of photography for advertising and record-keeping.

RE-DELIVERY

5.       If within 14 days of service of the final invoice (whether following termination by the Company of this agreement in accordance with Clause 7 or otherwise) the Customer fails to take re-delivery of the goods the Company shall be entitled to be paid by the Customer a storage charge in the sum of £25 per week starting at the end of the 14 day period.

LIEN

6.    Until each and every sum payable by the Customer to the Company under this Agreement has been made the Company shall have a lien over the goods.

INSURANCE

7.

(a)    The Customer shall insure the goods to their full value as if the work on the same had been carried out under comprehensive insurance in an office of repute and keep them as insured during the currency of this Agreement.

(b)   The Customer shall also within 7 days of the date hereof declare in writing to the company the estimated sale value of the goods as at the date of this contract and shall keep the Company informed as to any material change in value while the goods are in the possession of the Company.  The Company shall be entitled to rely on such estimate in effecting its own contingency insurance on the goods.  Nothing in this clause shall detract from the Customers duty to insure his goods.  The Company shall not be contractually bound to effect any insurance whatsoever on the goods. 

BREACH BY CUSTOMER

8.        If the Customer

(a)   Defaults in payment of any sum or debt due under this Agreement; or

(b)   Commits any act of bankruptcy or has a receiving order made against him or makes an agreement or composition with his creditors or has a winding up order made or a resolution of voluntary winding up passed or a receiver or manager of his business duly appointed or possession is taken by or on behalf of any creditor of any property the subject of a charge; or

(c)      Commits any breach of this agreement;

then, in any such event, the Company may by notice by registered post or recorded delivery to the Customer forthwith determine this Agreement and, in such event, the Customer shall pay to the Company, after taking into account amounts previously paid, such sums as shall be reasonable for the work carried out by the Company.  Provided always that the right of determination shall be without prejudice to any other rights or remedies the Company may possess.