| 1. |
GENERAL
These conditions shall apply without any variation to every
contract entered into by the Company for the sale of goods or
services. These conditions shall prevail over any conditions
that the purchaser's order may purport to impose and which are
at variance with the same. No modification of these conditions
shall be binding upon the Company unless specifically accepted
in writing by the Company. "The Company" means Shop4Autoparts
and "the Purchaser" means the purchaser of any goods
from the Company.
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| 2. |
TERMS OF PAYMENT
Payment is due prior to despatch via credit card or cheque drawn
on a British Bank.
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| 3. |
PRICES
The Company reserves the right to vary the quoted price and
goods will be invoiced to the Purchaser at the prices ruling
at the date of dispatch unless otherwise agreed by this Company
in writing. Prices are quoted ex-works. All prices are quoted
excluding taxes. All invoices must be paid in full without any
deductions by way of set off, counterclaim or otherwise. Delivery
and insurance, if requested, will be arranged at the Buyers'
expense and risk to the nominated destination.
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| 4. |
GUARANTEE
The Company will, at its option, replace or credit the Purchaser
with the value of any defective goods supplied by the Company.
The Company will only do this if it is satisfied such defects
arose solely through faulty material or workmanship, and such
goods are returned, in a manner agreed by the Company, immediately
upon discovery of the defect. The Company will normally not
consider any claims made after 6 months from date of dispatch.
Where the goods are sold under a consumer transaction (as defined
by the Consumer Transactions (Restrictions on Statements) Order
1976 (as amended) the statutory rights of the Purchaser are
not affected by these conditions.
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| 5. |
EXCLUSION OF LIABILITY
These conditions are in substitution for and exclude to the
fullest extent permitted by Law all and any express and implied
statutory or other warranties, guarantees, representations,
conditions and liabilities. Furthermore the Purchaser is responsible
for determining whether or not the goods will satisfy the Purchaser's
requirements and no warranty is given by the Company in this
regard. Any alterations or modifications made by the Customer
shall be at the Customers risk and the Customer will ensure
that the Goods are only used in a manner and purpose for which
they are appropriate and were designed.
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| 6. |
ACCEPTANCE OF ORDERS
Quotations do not constitute an offer by the Company to supply
the goods and no orders shall be binding unless accepted by
the Company in writing.
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| 7. |
DELIVERY DATES
Whilst the Company shall make every effort to adhere to any
delivery date specified in the contract, dates or periods of
delivery stated in the contract are approximate only and time
shall not be of the essence of the contract.
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| 8. |
ACCEPTANCE OF THE GOODS
The Purchaser must examine all deliveries of goods on receipt
to check they conform with the relevant order. Any deficiencies
must be reported within 24 hours of delivery (and if required
by the Company the goods must be returned to the Company at
the Purchaser's expense) failing which the goods are deemed
to have been accepted by the Purchaser.
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| 9. |
CANCELLATION/RETURN OF GOODS
Orders made specifically to the Purchaser's requirements cannot
be cancelled. All other orders placed cannot be cancelled except
with the Company's consent in writing upon terms that will indemnify
the Company against all loss. Goods returned without the Company's
consent in writing will not be accepted for credit and shall
remain the sole risk and at the sole liability of the Purchaser.
Any goods that are accepted by the Company for return may be
subject to a 15% handling charge.
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| 10. |
DESCRIPTION
Whilst every endeavor has been made to ensure that goods are
accurately described and are believed to be fit for the purpose
and vehicles as mentioned in our catalogues, no warranty to
this effect is given and no responsibility will be accepted
in the event of an error or misdescription in any catalogue
or any damage resulting therefrom. Manufacturers part numbers
are used for guidance and cross referencing purposes only. The
use of a Manufacturers part number does not necessarily imply
that the goods are from the same source. Goods may be supplied
from either an Original Equipment (OE) source or an Aftermarket
source. If goods are required from an OE manufacturing source
then this must be stated on the Purchasers purchase order against
any individual requirement. For the purposes of these conditions
of sales the term "OE Manufacturer" shall apply to
any company or organization who is a supplier to a recognized
vehicle manufacturer or their Parts and Service Divisions.
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| 11. |
DAMAGE OR LOSS IN TRANSIT
Claims for damage or loss in transit must be sent to the Company
in writing in sufficient time for the shippers and insurers
to be notified with any stipulated claim time. The Company's
liability for loss or damage in transit shall be limited to
the amounts (if any) recovered from the shippers and insurers
less any costs of this Company in connection with a claim. The
Company shall not be liable for any loss or damage in transit
where delivery takes place by post or by collection by the Customer
or its carrier.
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| 12. |
PROPER LAW
The contract between the Company and the Purchaser shall be
deemed to have been made in England and shall be governed in
all respects by English law and the Purchaser shall submit to
the jurisdiction of the English courts.
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| 13. |
RISK AND TITLE
13.1 Risk shall pass to the Purchaser so that the purchaser
is responsible for all loss, damage or deterioration of the
goods.
13.2 Title in the goods or any relevant part thereof shall
only pass to the Purchaser upon the happening of any one or
the following events:
13.2.1 The Purchaser has paid to the Company all sums due
from it to the Company under this contract and under all other
contracts between the Company and the Purchaser including
(for avoidance of doubt) any sums due under contracts made
after the contract whether or not in the same are immediately
payable.
13.2.2 When the Company serves on the Purchaser notice in
writing specifying that title in the goods or such part thereof
has passed.
13.3 The Company may recover goods in respect of which title
has not passed to the Purchaser at any time and the Purchaser
hereby licenses the Company , its officers, employees and
agents to enter upon any premises of the Purchaser for the
purpose either of satisfying itself that clause 13.4 below
is being complied with by the Purchaser or of recovering any
goods in respect of which property has not passed to the buyer.
13.4 Until title to the goods has passed to the Purchaser
pursuant to the terms hereof it shall possess the goods as
a bailee of the Company on the terms of this contract. If
the Company so requires the Purchaser shall store the goods
separately from other goods and shall ensure that they are
clearly identifiable as belonging to the company.
13.5 Without prejudice to the forgoing sub-conditions and
in the event that the Purchaser shall in the course of its
business dispose of the goods to a customer being a bona fide
Purchaser without notice of the Company's rights then the
Purchaser shall have a fiduciary duty to the Company to account
to the Company for the proceeds (which shall be kept separate
and identifiable from the Purchasers own monies) but may retain
therefrom any excess of such proceeds over the amount outstanding
under this or any other contract between them.
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