Terms & Conditions:

1. Definitions

  • The "Buyer" means the company or person offering to purchase goods from the Seller.
  • The "Seller" means Service Stop, of 8 Enterprise Crescent, Ballinderry Road, Lisburn, Co. Antrim, Northern Ireland BT28 2BP. A company trading in the United Kingdom & and operating under Northern Ireland law.
  • "Conditions" means the Conditions of Sales set out in this document and any Special Conditions agreed in writing by the Seller.

2. Conditions

  • These conditions shall apply to all Contracts and Orders for the sale of Goods by the Seller to the  Buyer to the exclusion of all other Terms and Conditions including any which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
  • No variation or addition to these Conditions shall be effective unless agreed in writing by the Seller.
  • No contract for the sale of Goods shall arise until the seller dispatches the Goods to the Buyer.
  • Acceptance of delivery of Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions.
  • Nothing in these Conditions shall affect the statutory rights of any consumer more than the law permits.

3. Prices

  • The Price shall be that on the Seller's current Price List and verified at time of purchase or if applicable the price contained in the Seller's Quotation (Errors & Omissions Excepted). 
  • The Seller reserves the right to revise prices prior to despatch of Goods to reflect any direct or indirect increase in costs to the Seller but if the price has been paid in full prior to despatch no price revision may take place without the prior written agreement of the Buyer.
  • Payment must be made in full before the delivery of any Goods except where the Buyer has an agreed credit account.
  • If any act or proceedings shall be commenced in which the Buyer's solvency is concerned, all monies under any transaction covered by these Conditions shall become immediately due and payable.
  • Unless otherwise stated, prices quoted are based on the sterling value. Other currency values may be displayed as a guide only and based on the current exchange rate between that currency and sterling which is subject to change.

4. Interest on Overdue Invoices & Returned Payments

  • Interest on overdue invoices & returned payments shall accrue from the date when payment  becomes due from day to day until the date of payment at 2.5% over First Trust Bank base rate per calendar month both before and after any judgement.
  • All invoices shall be paid in full, free from any deduction for any set-off, counterclaim or otherwise howsoever.
  • Any returned payments will be subject to an administrative charge of £5.00 per return plus a Bank returned cheque fee of £6.00.

5. Warranty and Liability

  • The Buyer must satisfy themselves as to the suitability of the products for their intended use.
  • Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act   1977, Section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, Common Law or otherwise are excluded and the Buyer warrants that the Buyer is satisfied as to the suitability of the Goods for the Buyer's purpose.
  • The Seller will accept no liability for any loss or damage, however caused, resulting from the use of the products, whether for injury, profit or data loss.
  • The seller continues to develop and improve products constantly and reserves the right to alter design without notice.

6. Delivery

  • Whilst every reasonable effort shall be made to keep to any delivery date, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date.
  • Unless otherwise agreed the Seller may deliver by instalments and in such case each instalment shall be treated as a separate Contract and any delay, default or non-delivery in respect of any instalment by the Seller shall not entitle the Buyer to cancel the remainder of the Contract.
  • Failure by the Buyer to pay for any instalment or delivery when due shall entitle the Seller to withhold further deliveries and the Buyer shall be liable for any costs incurred by the Seller relating to such Goods which the Seller is then entitled to withhold.
  • Delivery of the Goods shall be made to the Buyer's address and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

7. Ownership and Risk

  • Risk in Goods shall pass to the Buyer upon delivery of the Goods or upon the Goods being appropriated to the Buyer but kept at the Seller's premises at the Buyer's request.
  • The Seller remains the owner of the Goods affected by the Contract until the Seller has been paid in full for such Goods.
  • If any payment due under these Conditions is overdue in whole or in part, the Seller may without prejudice to any of its other rights recover and/or re-sell the Goods or any of them and may enter on the Buyer's premises by its servants or agents to recover the Goods and the Buyer shall be liable for all Seller's costs in doing so.
  • If the Buyer is a consumer and properly rejects any of the Goods which are not in accordance with the Contract, the Buyer shall nonetheless pay the full price for such Goods unless the Buyer promptly gives notice of rejection to the Seller and at the Buyer's costs return such goods to the Seller in good condition.
  • In the case of any other sale the Buyer shall inspect the goods immediately upon delivery and shall notify the Seller within five days of delivery if the Goods are damaged or do not comply with the Contract.
  • Any Goods in respect of which any claim of defect or damage is made shall be preserved by the Buyer intact together with the original packing and the Buyer's risk and either, 
    1.   a) retained by the Buyer for a reasonable period to enable the Seller or its agent to inspect or collect the Goods or 
    2.   b) at the Seller's option, returned by the Buyer to the Seller who will refund the cost of postage and packing to the Buyer if the Goods are in fact defective.

8. Cancellation Returns

  • No Contract shall be cancelled nor shall any Goods which are in accordance with the Contract be returned without the prior written approval of the Seller and on terms to be determined at the absolute discretion of the Seller.
  • Unless the Seller at its discretion decides otherwise, if the Seller agrees to accept the return of any such Goods then,
    1.   a) a Goods Return No. obtained from the Seller must be clearly shown on the returning parcels 
    2.   b) the Buyer will be liable for the cost of remedying any damage to the Goods returned where such damage has, in the opinion of the Seller, been caused by the goods being inadequately packaged by the Buyer or through the Buyer's fault 
    3.   c) the Seller reserves the right to make a handling and restocking charge of 25% on Goods which are returned if they were ordered in error or are no longer required.

9. Force Majeure

  • The Seller will not be under any liability whatsoever in the event that the Seller is prevented or delayed from supplying or making delivery of any Goods for any reason or cause beyond the Seller's control.

10. No Waiver

  • The Seller's failure to insist upon strict performance of any provision of these Conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Buyer in performance or compliance with any of these conditions.

11. Liability

  • Except as may be implied by law where the Buyer is dealing as a consumer, in the event of any breach of these Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential damages.

In addition to the above the following terms and conditions apply to hire equipment.

  1. Insurance
    The Hirer is responsible for the insurance of Goods on hire, approval or loan. 
  2. Making Good Any Damage
    The Hirer must make good any damage caused to Goods whilst on hire and is responsible for both labour and parts required to restore Goods.
  3. Lost or Stolen Goods
    If the hire equipment is lost, stolen or damaged beyond economical repair the hirer must replace the same with new at current retail price.
  4. Notification of Loss or Damage
    The hirer will be notified of any loss or damage to equipment after an off-hire inspection. Top Survey Group reserves the right to invoice for any loss, or damage up to seven days after notification.
  5. Accuracy & Functionality of Equipment
    Every possible precaution has been taken to ensure that the equipment is in good serviceable condition. No responsibility can be accepted by the suppliers for consequences of any failure or inaccuracies of the equipment. The customer is expected to satisfy himself that the equipment is functional before attempting to use it on site.
  6. Repossession of Goods
    If the customer shall make default in any payment or a receiving order in bankruptcy be made against them or if any execution or distress order be issued against the hirer or should such company be wound up compulsorily or go into voluntary liquidation or have a receiver appointed then the suppliers (Top Survey Group) shall forthwith have the right to take possession of the equipment and shall be entitled to recover from the hirer all arrears of rental and expenditure and any damages due in respect of any breach of this undertaking.

These Conditions shall be construed in accordance with Northern Ireland Law.