Terms & Conditions
These Terms and Conditions govern the sale of products to you by Eagle 4x4. Completion of a transaction (via web, phone, or letter) with Eagle 4x4 by you constitutes an agreement to these Terms and Condition. Please read these Terms and Conditions carefully before placing your order and retain a copy for future reference.
1. The basis of the sale
2. Pricing anomalies
3. The products
6. Warranty disclaimer
7. Painted product warranty exclusions
8. Intellectual property
The basis of the Sale
1. In these Terms and Conditions “we”, “us”, “our”, and “The Company” refer to Eagle 4x4; “you” and “your” means the party with whom The Company is contracting; “product” or “products” means the goods and / or services which The Company contracts to supply; and “Conditions” means the following Terms and Conditions of sale. You can write to us, send an eMail to Info@eagle4x4.com, or telephone 01386 793454if you need clarification of any points with these Conditions.
2. The complete agreement for the sale of products between us and you comprises these Conditions, the order that you place, and our price list. Please ensure that the details in the Conditions or on the Order are complete and correct before you commit to a contract with us. If the Conditions are inconsistent with the Order, the Conditions will prevail. In the event that you believe there has been a mistake, please confirm any changes only in writing.
3. When you place an Order with us, you are confirming that you are legally capable of entering into a binding contract with us. We reserve the right at our sole discretion to not to accept an Order. Once we accept your Order, the contract will come into place based on these Conditions. You will receive written advice of order acceptance by eMail or letter. Each Order is assigned an order number that you should quote in any correspondence with us concerning the Order.
4. We aim to dispatch and deliver products as soon as practical following acceptance of Order. However delivery can be affected by conditions outside our control. You should inform us as soon as possible if products have not been received within the quoted delivery dates. The dates are estimates only but if you do not receive the products within 60 days of the estimate; you may cancel the order and receive a full refund.
5. These Conditions will change from time to time to reflect circumstances that affect our business with you. Unless changes are demanded by legislation or regulatory bodies, the Conditions in force at the time of Order will prevail.
6. In the event that a product is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any Order placed for a product listed at the incorrect price if the pricing error is obvious and could have been reasonably recognised by you as a pricing error. We reserve the right to refuse or cancel such an Order whether or not the Order has been your Order has been confirmed and your credit card charged. In such cases, we will issue a credit to your credit card account in the amount of the incorrect price.
7. Whilst we endeavour to keep our website and catalogue prices up to date and accurate, it is possible that the price may have increased from that published. If that happens, we will not send your order until you have confirmed that you wish to order at the new price and any additional monies have by received by us.
8. The information and advice published on our website and in other sales documentation are for guidance only and do not form part of the contract between you and us for the sale of products. You must ensure that that the information applies to you and your situation. You should read all manuals and safety instructions provided with our product and follow them carefully.
9. Unless otherwise expressly agreed in writing by The Company, payment shall be in full, without discount, in Pounds Sterling. You shall not be entitled for any reason to withhold payment of the amount shown on the invoice as due.
10. Payment is made and received only at the time that cash is handed to a duly authorised representative of the The Company who issues an official written receipt; or when any cheque or draft is received by us and cleared and credited to our bank account; or when payment is made by credit card and funds transferred into our bank account.
11. Any payments that are overdue will be charged at a rate of 6% per annum above the Bank of England base rate from the date that payment becomes due to the date of actual payment. Interest must be paid together with the overdue amount.
12. Banking charges by the receiving bank on payments to us will be bourne by us. All other charges relating to charges, including payment in a currency other than Pounds Sterling, will be bourne by you.
13. All the products that we supply you will remain our property until you have paid for them in full. If you sell the products you agree to hold the sale proceeds upon trust for us until you have paid us for them in full.
14. We will require payment of the price for the products in full before we despatch them unless we agree otherwise. However, if you have an account with Eagle 4x4, we may, at our discretion, allow you to make payment in full within 30 days of our invoice.
15. We warrant that on delivery and for a period of twelve months following the date of delivery, subject to any enhanced terms offered by the Manufacturer that the products shall:
(a) conform in all material aspects with their description, subject to any qualification or representation, contained in our website or other sales documentation
(b) be of satisfactory quality
(c) be fit for any purpose we say the products are fit for or for any reasonable purpose for which you use the products
(d) be free from material defects in design, material and workmanship; and
(e) comply with all applicable statutory and regulatory requirements for selling the products in the United Kingdom. However please note that all non-EU approved A-bars are sold for off-road use only.
This warranty is in addition to your legal rights in relation to Products which are faulty or which otherwise do not conform to these Conditions. This warranty does not apply to any defect arising from fair wear and tear, overloading, wilful damage, accident, negligence by you or any third party, if you use the products in in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval. These Conditions apply to any repaired or replacement products we supply to you in the unlikely event that the original products are faulty or otherwise do not conform to these conditions.
16. This site and the products on this site are provided “as is” and without warranties of any kind, whether expressed or implied. To the fullest extent permissible pursuant to applicable law, Eagle 4x4 disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. We do not represent or warrant that the functions contained in this website will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free from viruses or other harmful components. We do not make any warranties or representations regarding the use of materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Warranty Exclusions, Water Ingress
Nn1. Although we do not guarantee that any tonneau cover or hardtop is 100% waterproof, all our products are designed with element proof materials and fixings to provide the best possible protection from the weather. We will not accept any returns or warranty claims against damage caused by incorrect installation or normal wear and tear which results in water ingress.
Nn2. Water ingress is possible during abnormal weather conditions such as direct exposure to prolonged driving rain. It is also possible when using a jet washer or hose directed on areas of contact between the pickup bed and tonneau cover. Precautions must be taken by the truck owner to prevent such exposure. We shall not be held liable for any consequential loss or damages arising from the purchase, installation and use of these products .
Painted Product Warranty Exclusions
17. Although we do not guarantee painted products to be an exact match to your vehicle’s body colour, all our products are painted to the manufacturer’s paint code to obtain the best possible match. We will not accept any returns or warranty claims against mismatch paint or paint defects.
18. Paint wear to your truck bed is normal and is expected with the installation and use of any truck cap, tonneau, roll bar and any other product that is being mounted to the bed area, and is the sole responsibility of the truck owner. Precautions must be taken by the truck owner to prevent corrosion. We shall not be held liable for any consequential loss or damages arising from the purchase, installation and use of these products.
19. The entire content of this site, www.eagle4x4.com , including but not limited to text, graphics, or code is copyrighted as a collective work under United Kingdom, European Union, United States, and other copyright laws, and is the property of Eagle 4x4. The collective works includes works that are licenced to Eagle4x4 Copyright 2013, Eagle4x4 ALL RIGHTS RESERVED. Permission is granted to electronically copy and hard print portions of this site for the sole purpose of placing an Order with us or purchasing our products. You may display, subject to any expressly stated restrictions or limitations relating to specific material, download or pint portions of the material from different areas of the site solely for your own non-commercial use, or to place an Order with us or to purchase our products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited unless authorised by us. You further agree not to change or delete any proprietary notices from materials downloaded from this site.
20. Any correspondence is personal between us and you and is confidential and must be treated as such. This means that it must not be published either in full, part, or summary form without our prior written consent.
21. If you purchasing products from us for the purpose of your trade, business, or profession and you are not classified as a consumer under UK consumer protection legislation, the following Condition does not apply to you. In addition we are not liable for any consequential loss and our maximum liability will be limited to the price of the products
22. If you are a consumer resident outside the United Kingdom or with a delivery address outside the United Kingdom, the following Condition relating to returns policy does not relate to you. We will supply you with separate Conditions relating to export sales.
23. If you are purchasing as a consumer and have placed your Order through the website, by phone, or by letter, you can cancel your Order for any reason and get a full refund at any time before you receive the products, or at the end of seven working days after the day that you receive the products. A working day is any day other than weekends and public holidays. To cancel your Order you should write or eMail to us (see clause 1 of the Conditions) within the time.
If you have already received the products:
(a) you can only exercise this right to cancel your Order if the products are still in a re-saleable condition and you have returned the packaging
(b) you must return the products to us at your own expense and risk to the address in clause 1 of the Conditions (unless we are at fault and we will arrange collection)
(c) you must take care to ensure that the products are not used or damaged in the meantime
(d) If you do not return the products as required, we may charge you the cost of recovering them ourselves
24. You may return products for a credit or exchange strictly in accordance with our published Returns Policy. In the event of a conflict between these Conditions and the Returns Policy, these Conditions shall prevail