Definition and Interpretation
‘Company’ means UK AutoParts Direct LTD
‘Condition’ means standard terms and condition of sale
‘Contract’ means the contract between the Customer and the Company
‘Customer’ means a business or consumer whose order for the Goods is accepted by the Company
‘Working Day’ means week day
1. COMPLETE AGREEMENT
a) These Conditions shall govern the Contract to exclusion of any other terms and conditions between the Company and the Customer and no variation to the Contract or these Conditions (including the incorporation of the Customers standard terms and conditions of business) shall be binding upon the Company unless agreed in writing by the Company and signed by an authorised representative of the Company.
b) Any typing clerical or other error or omission in any catalogue, sales literature, price list, dispatch note, invoice or other documentation or any information issued by the Company (in whatever form and on whatever media) shall be subject to correction without any liability on the part of the Company.
a) No order submitted by the Customer shall be deemed to be accepted by the Company until the Goods have been dispatched by the Company.
b) The Customer shall be responsible for ensuring the accuracy of any order submitted by the Customer including confirming in writing or by facsimile or email any telephone orders and for giving the Company any necessary information relating to the Contract and delivery (as the case may be) within a sufficient time to enable the Company to deliver the Goods to the premises notified to the Company by the Customer.
c) Written confirmations of any telephone orders shall clearly indicate that they are only confirming earlier telephone orders and shall contain details of the Customer’s account number and purchase order number.
3. DESCRIPTIONS AND PRICES
a) Manufacturers Part Numbers are used for reference only, in order to help our Customers to identify the replacement parts that they require. The Company does not claim to represent or be an agent of any Motor Manufacturers in any capacity.
b) Where goods are supplied in Manufacturer packaging, this mean that the goods have been supplied through an authorised parts agent of the Manufacturer. The Company does not state or otherwise imply that such goods carry any guarantee, warranty or other benefit normally offered by Manufacturer. Any warranty provided by our suppliers is provided in accordance with the provisions of Clause 9.
c) The Customer is responsible for the correct ordering of Goods for their intended application and any Goods will be deemed to be identified solely by the Part Number. Further descriptions and photographs of Goods are provided for assistance and the Company will be responsible for the correct supply of goods based solely upon the Part Number stated by the Customer. This condition applies whether parts are ordered via the web site, in writing, by telephone, fax, by email or in person.
d) The price of the Goods shall be the price payable for the Goods at the time of acceptance of the Customers order.
e) The price for any Goods quoted by the Company is exclusive of any carriage, postage and packaging which the Customer shall additionally be liable to pay to the Company. VAT, taxes, duties and other applicable charges in relation to the Goods are charged separately,
f) The total price for Goods and delivery services stated in any invoice to a UK customer or an EU consumer who is not buying under the EU VAT Scheme will be shown inclusive of VAT. All invoices to international non-EU customers and EU business customers who have been validated under the EU VAT Scheme will be shown exclusive of VAT
g) Any Customer who is not a Consumer shall be liable for any reasonable costs incurred by the Company in the event of variation or suspension of any order by that Customer.
4. TERMS OF PAYMENT
a) All invoices shall be paid by the Customer before any goods are dispatched unless agreed otherwise.
b) The time of payment of any invoice shall be of the essence of the Contract and receipts for payment shall be issued to the Customer only upon request.
c) Non-account customers are required to pay the Company for all orders for Goods in full and the Goods in question shall only be dispatched to, or made available for collection by, the Customer (in the case of any method of payment) when the Company is satisfied that the payments in question have cleared.
5. AVAILABILITY & DELIVERY
a) Due to occasional system errors, product recalls and warehousing or delivery problems or losses, goods may not be ready for immediate or subsequent delivery. If you have ordered such goods we will notify you by email as soon as possible and modify or cancel your order for you. Any applicable refund will be effected once we have received your further instructions on the matter.
b) The Company shall deliver the Goods to any premises (whether in the United Kingdom or in any other country) notified to the Company by the Customer and for the avoidance of doubt the Customer shall be liable for any costs incurred by the Company in relation to carriage postage and packing and any other applicable duties taxes and charges.
c) The Company shall use its reasonable endeavours to deliver the Goods to the premises stated by the Customer by any delivery date estimated by the Company and for the avoidance of doubt the Customer acknowledges that the delivery date is not guaranteed or of the essence of the Contract and that the Company shall in no circumstances be liable to the Customer for any losses, damages or charges incurred by the Customer due to the late delivery of the Goods.
d) Goods delivered to the Customer shall be deemed accepted by the Customer and the Customer shall inspect the Goods immediately upon delivery and in all cases shall inform the Company in writing within 5 (five) days of delivery of any damage, shortages or non-delivery of the Goods.
e) If the Customer fails to take delivery of the Goods (or fails to give the Company adequate delivery instructions at the time stated for delivery otherwise than by reason of any cause beyond the Customers reasonable control or by reason of the Company’s fault) then without prejudice to any other rights or remedies available to it the Company may:
– sell the Goods at the best price readily obtainable (after deducting all reasonable storage and selling expenses) and charge the Customer any shortfall below the price obtained under the Contract.
a) Risk of damage to or loss of the Goods shall pass to the Customer:
– in the case of Goods which are not being collected by the Customer and which are being delivered to the Customers premises at the time of delivery, or if the Customer wrongfully fails to take delivery of the Goods, at the time when the Company has tendered delivery of the Goods to the Customer.
7. RIGHT TO CANCEL FOR EEA CONSUMERS, EXTENDED IN PART TO NON-CONSUMERS AND NON-EEA CUSTOMERS
a) An EEA Consumer has the right to cancel the sales contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which the EEA Consumer acquires, or a third party other than the carrier and indicated by the EEA Consumer acquires, physical possession of the goods.
b) To exercise the right to cancel, the EEA Consumer must inform us The Company, of their decision to cancel the sales contract by a clear statement (e.g. a letter sent by post or e-mail).
c) To meet the cancellation deadline, it is sufficient for the EEA Consumer to send their communication concerning the exercise of the right to cancel before the cancellation period has expired.
d) If an EEA Consumer cancels a sales contract with the Company, the Company will reimburse to them all payments received, including the costs of delivery (except for the supplementary costs arising if they chose a type of delivery other than the least expensive type of standard delivery offered by us).
e) The Company may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by the EEA Consumer. For most goods the EEA Consumer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
f) The Company will make the reimbursement using the same means of payment as the Consumer used for the initial transaction, unless expressly agreed otherwise; in any event, the Consumer will not incur any fees as a result of the reimbursement.
g) The Company may withhold reimbursement until we have received the goods back or the Consumer has supplied evidence of having sent back the goods, whichever is the earliest.
h) The EEA Consumer shall send back the goods or hand them over to The Company without undue delay and in any event not later than 14 days from the day on which cancellation of the sales contract is communicated to us. The deadline is met if the Consumer sends back the goods before the period of 14 days has expired.
i) The Consumer will have to bear the direct cost of returning the goods to The Company.
j) The Company does not extend rights similar to those of EEA Consumers to non-consumers (companies or traders) or purchasers outside the European Economic Area. Genuine Manufacturer items and items supplied by The Company are not returnable by customers who are not EEA Consumers, except in exceptional circumstances at the discretion of The Company.
k) Purchasers who are not EEA Consumers will bear the direct costs of the original delivery in addition to the costs of returning goods if they decide to cancel an order or part of an order and return Goods. There is a handling charge of 10% of the purchase price for all unwanted goods returned by customers who are not EEA Consumers.
l) In the case of international customers outside of the European Economic Area (EEA), The Company allows 14 days from the time of notifying the return to us for the goods to be returned. The cancellation notice period is 3 days from the date the order is originally received.
m) In the case of Genuine Manufacturer items, the packaging is part of the value of the product. The manufacturer will not accept returns of items with missing, damaged or defaced packaging. The Company will accept liability for the return of unwanted Genuine Manufacturer items with missing, damaged or defaced packaging by EEA Consumers, only up to a maximum value of 50% of the purchase price. In many cases the item will not be re-saleable by The Company due to its limited application and the impossibility of resale. In these cases the part can be returned to the customer at the customer’s expense but no refund at all can be issued for the un-wanted item.
n) In the case of parts in branded packaging, the packaging is part of the value of the product. The supplier will not accept returns of items with missing, damaged or defaced packaging. The Company will accept liability for the return of unwanted Branded items with missing, damaged or defaced packaging by EEA Consumers, only up to a maximum value of 75% of the purchase price. In some cases the item will not be re-saleable by The Company due to its limited application and the impossibility of resale. In these cases the part can be returned to the customer at the customer’s expense but no refund at all can be issued for the un-wanted item.
8. RETURNS POLICY
a) A RETURNS authorisation number can be obtained before Goods can be returned to the Company but this is not a requirement. The returns number may be obtained by emailing the Company. All replacements or refunds will be processed following receipt and inspection by our Returns department.
b) Where the Goods have been returned by the Customer as faulty or damaged in transit, they will either be tested upon receipt or returned to the manufacturer for testing, dependent upon the returns policy of the manufacturer. If no fault is found, the Goods will be returned to the Customer at the Customers expense.
c) In the case where it is established that Goods have been mistakenly or incorrectly supplied by the Company in accordance with the provisions of Clause 4c, the Company will be responsible for supplying the correct Goods as soon as possible and at no extra delivery cost to the Customer.
d) In the case where it is established that Goods are faulty or defective in line with the individual manufacturer’s warranty, most warranty repairs will be carried out on a return-to-Company basis. All parts and labour charges will be waived but the Customer is responsible for ensuring that the Goods are returned to the Company in their original packaging, or if this is not available, the customer is responsible for safe transit of the goods. In some instances the manufacturer’s warranty requires the Customer to contact the repair agent directly. If this is the case, the Customer will be so informed by the Company’s customer service department.
e) Where Goods have been delivered to an address outside the European Union or European Free Trade Area, the Company will not be liable for any carriage or shipping costs, whether this relates to the return of Goods or the sending out of replacements. This Clause applies irrespective of the reason for returning the Goods. However, the Company may choose to assist the Customer with carriage costs, at the Company’s discretion.
f) The customer is obliged to act with reasonable care when returning goods and also to keep and provide proof of postage or delivery. We recommend using a reputable carrier and suitable return packaging to avoid any problems.
9. WARRANTIES AND LIABILITY
a) In cases where any of the Goods are covered by a manufacturer’s warranty, the Customer shall be responsible for contacting and returning any registration or warranty cards to the manufacturer in question and for the avoidance of doubt the Company shall not be held responsible for any acts of the manufacturer or its agents including (without limitation) any failure by the manufacturer to replace or repair any of the Goods in question which are the subject of the manufacturer’s warranty.
b) Subject as expressly provided for in these Conditions and except in cases where the Goods are sold to a person dealing as a consumer (as that term is defined in the Unfair Contract Terms Act 1977) all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
c) For the avoidance of doubt where Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976 the statutory rights of the Customer are not affected by these Conditions.
d) Except in respect of death or personal injury caused by the Company’s negligence the Company shall not be liable to the Customer by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty in common law or under the express terms of the Contract for any indirect, special or consequential losses or damages (whether for loss of profit or otherwise) costs expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company, its employees, agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Customer and the entire liability of the Company under or in connection with the Contract shall not exceed the price paid for the Goods in question by the Customer.
a) The Customer undertakes to the Company that it will immediately indemnify the Company against all proceedings, costs, fees, expenses, payments, liabilities, losses and damages arising out of the breach or negligent performance by the Customer of any terms of the Contract.
11. FORCE MAJEURE
a) The Company shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the Goods, where the delay or failure was due to any cause beyond the Company’s reasonable control and without prejudice to the generality of the foregoing the following shall be regarded (without limitation) as causes beyond the Company’s reasonable control:
– acts of God, explosion, flood, tempest, fire or accident;
– war or threat of war, sabotage, insurrection, civil disturbance or requisition;
– Acts, restrictions, regulations, bye-laws or measures of any kind on the part of any governmental parliamentary or local authority;
– import or export regulations or embargoes;
– strikes, lockouts or other industrial actions or trade disputes (whether involving employees of the Company or of a third party);
– power failure or breakdown in machinery.
12. EXPORT OR IMPORT LICENSES
a) The Customer shall be responsible for obtaining all licenses for the export or import of the Goods and for obtaining any other licenses required for the delivery or sale of the Goods in the country of destination.
a) No waiver by the Company of any breach of Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provisions of these Conditions.
b) If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
c) All notices served under these Conditions shall be in writing and shall be sent to the address of the recipient set out in the invoice (or to any later address in the United Kingdom notified for that purpose) and all notices delivered personally or sent by first class prepaid letter or by facsimile transmission shall be deemed to have been served:
– on the second Working Day after posting if served by first class post; and
– by delivery of the notice through the letter box of the party to be served and shall be treated and served on the first Working Day after delivery.
d) The Company reserves the right to amend these Conditions in respect of any promotion, offer or the like made or issued by the Company from time to time in relation to the Goods.
e) These Conditions shall be governed by and construed in accordance with the laws of England.