It's been what can only be described as one of the worst days of your life. When you got behind the wheel of your Mazda Mx5 this morning, you wer...
Terms & Conditions
Any acceptance by us of an order by you is subject to the following conditions. If your order form contains printed conditions such conditions are accepted only in so far as they are not inconsistent with our terms and conditions as set out below. We accept an order by you on the earliest of our written acknowledgement of your order or our delivery of goods to you.
Whilst we endeavour to adhere to our published prices we reserve the right to amend them to those ruling at the date of dispatch. All prices exclude VAT unless otherwise stated.
3 PRODUCT INFORMATION
(a) Any application lists, catalogues, descriptions, information or advice provided by us in respect of goods is as accurate as possible although is for illustrative purposes only. In all instances it is your responsibility to assure yourself that the parts supplied are suitable for the application involved.
(b) Goods supplied will conform in all material respects to their description or to any sample or specification provided to and accepted by us. We reserve the right to amend any design or specification without prior notification provided that it does not adversely affect the performance of the goods.
We cannot be held responsible for any infringement of patent or copyright on the part of our suppliers or customers in the event of parts being supplied to their design.
Unless otherwise stated deliveries will be made by our vehicles at no charge. All deliveries made by other means may be subject to packing and carriage charges.
Whilst we use our best endeavours to fulfil orders made by you, we will not be liable for any failure in the performance of any of our obligations to you caused by factors outside our control including (without limitation) strikes, lockouts, shipping delays, fire, war, etc. In such an event you will have no claim against us for any loss or damage which may result.
7 PAYMENT TERMS
Payment is to be made on delivery, unless prior arrangements have been made to open an account authorised by a Director of the company in writing. We reserve the right to charge daily interest on overdue accounts pursuant to the Late Payment of Commercial Debts (Interest) Act 1998, plus any legal or other costs incurred in the collection of such outstanding debts.
8 DELIVERY OF GOODS AND RETENTION OF TITLE
(a) Goods are delivered to you and at your risk at the earliest of when we physically deliver them to you or make them available to you for collection at a location agreed by us.
(b) Time of delivery will not be of the essence and any delivery date is an estimate only. You will have the right to cancel any order without liability to us if delivery has not taken place more than 30 days late after the time specified by us.
(c) Any claim that any goods have been delivered damaged or do not materially comply with their description will be notified by you to us and (where appropriate, to the carrier) within 7 days of their delivery. Provided that you return such goods to us within a further 14 days after notification, we will at our sole discretion replace such goods, issue you with a credit note for the price of such goods or refund the price paid for such goods. The provisions of this clause 8(d) set out your sole remedy in such circumstances.
(d) Any claim that goods have not been delivered to you by us must be notified by you to us within 7 days of their expected delivery.
(e) If you fail to take delivery of any goods at the time agreed for delivery then we will be entitled to cancel or suspend such delivery and all other outstanding deliveries and to charge you for the loss suffered. It is your responsibility to provide the means for unloading goods from our vehicles on delivery.
(f) Notwithstanding delivery, title in the goods shall remain ours until we have received payment of the full price of (a) all goods the subject of this contract and (b) all goods supplied by us to you under any other contract whatsoever.
(g) You shall nevertheless be entitled to deal with goods in which we retain title in the ordinary course of business provided that:
(i) any such sale will be a sale of our property on your behalf;
(ii) you shall first dispose of the goods that you have paid for and any payments received by us from you shall first be appropriated to goods disposed of by you;
(h) Until property in the goods passes to you, you shall hold the goods as bailee for us and shall store the goods in such a way that they are readily identifiable as our property. You shall also maintain the goods in satisfactory condition and keep them insured on our behalf.
(i) In the event of an Insolvency Event (as defined herein):
(i) all sums payable by you to us under this or any other contract shall become immediately due and payable;
you shall cease to be entitled to sell, use in manufacture or otherwise deal with any goods
(i) we shall be entitled to recover and resell any goods that we retain title in (without prejudice to our right to damages) and for that purpose you hereby irrevocably grant us our servants or agents the right to enter your premises for the purpose of removing the goods;
(ii) we shall be entitled to stop all further deliveries of goods to you under this or any other contract;
(b) For the purposes of this clause 8, an Insolvency Event occurs if:
(i) you (being an individual) have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of your undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency in any jurisdiction; or
(ii) you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you, or fail to observe/perform any of your obligations under this contract or any other contract between us and you, or are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
(iii) you encumber or in any way charge any goods to which we retain title; or
(iv) anything analogous to the foregoing occurs in any jurisdiction.
(a) All products are supplied and guaranteed by the manufacturer in accordance with manufacturers specifications. Any item which is proved and admitted by the manufacturer to be defective during the relevant warranty period due to material or structural defect will be replaced free of charge or credited in full at our discretion. Under no circumstances will we accept liability for consequential loss or damage or pay for any repairs or alterations without prior authorisation. In the event of a guarantee claim, notification must be both verbal and written immediately a fault is discovered. You must provide full particulars to enable us to verify the claim. Wherever possible parts are to be returned to us accompanied by the appropriate paperwork, carriage paid for inspection by us or manufacturer.
(a) We shall have no liability to you in respect of any defect arising from wear and tear, wilful damage, negligence, tampering of goods, incorrect fitting or ordering of goods or failing to follow the manufacturer's instructions.
Goods may only be returned with our prior written authorisation and we reserve the right to deduct the appropriate handling charges.
11 CONSUMER RIGHTS APPLICABLE TO CONSUMERS BUYING GOODS BY MAIL ORDER OR FROM OUR WEBSITE
Clause 11 only applies if you are a Consumer AND purchasing goods from our website.
(a) In accordance with the Distance Selling Regulations 2000 you may cancel a contract at any time within 14 days, beginning on the day after you receive the Goods (the 'Cooling off Period'). If you want to cancel the contract within this Cooling-Off Period a refund (or, if you require, an exchange or replacement) will be provided in accordance with our refunds policy below.
(b) To cancel an order under this contract, you must:
(i) inform us in writing;
(ii) return the goods to us in the same condition in which you received them with the original packaging and the product documentation, and at your own cost and risk. The goods must not have been used and, where applicable, must not have been removed from the sealed clear packaging; and
(iii) provide proof of purchase in the form of our invoice for the original supply of such goods.
(c) Nothing in this clause affects your statutory rights.
12 LIMITATION OF LIABILITY
(a) The following provisions set out the entire financial liability of us (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you arising out of or in any way related to the contract.
(b) All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979 (as amended)) are, to the fullest extent permitted by law, excluded from this Contract.
(c) Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence under section 2(3) of the Consumer Protection Act 1987 for fraud or for fraudulent misrepresentation or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
(d) Subject to clause 12(c), we will not be liable to you for any indirect or consequential, special or punitive loss, damage, costs or expenses, loss of profit, loss of business, loss of income or revenue, waste of management or office time or depletion of goodwill.
(e) Subject to clause 12(c), our total liability to you under or connected with this contract will not exceed 125% (one hundred and twenty five per cent) of the price payable for the goods for any one event or series of connected events.
(a) These terms are incorporated into the contract between us at the exclusion of all other terms and conditions and supersede all prior dealings between us in relation to the subject matter of the contract.
(b) No variation or amendment of this Contract will be valid unless in writing and signed by you and our authorised representative.
(c) This contract will be governed by English law and any dispute arising out of or in any way connected to it shall be subject to the exclusive jurisdiction of the English Courts.