PARTS TERMS OF BUSINESS

CONSUMER TRANSACTIONS

IF YOU DEAL AS A CONSUMER NOTHING BELOW AFFECTS YOUR STATUTORY RIGHTS UNDER THE SALE OF GOODS ACT 1979 OR THE UNFAIR CONTRACT TERMS ACT 1977 OR ANY STATUTORY MODIFICATIONS OR RE-ENACTMENTS OF THEM

TERMS AND CONDITIONS FOR SALE OF PARTS

1 THE PURCHASER.

1.1 The Purchaser warrants that he contracts on his own behalf and not as the agent of any other person.
1.2 If two or more persons constitute the Purchaser the liability of those persons shall be joint and several.

2 SETTLEMENT TERMS.

2.1 Unless otherwise agreed in writing, no discount is allowed from the prices set out overleaf and the Purchaser must pay the price of the goods in full at the time he receives them.
2.2 If the Company in its sole discretion allows credit to the Purchaser, the terms of that credit shall be that
   (i)    the Purchaser shall pay in full the price of the goods on or before the 20th day of the month following the date of invoice, and
   (ii)   if payment has not been made in due time the Purchaser shall be liable to pay to the Company interest on the outstanding debt    accruing daily at the rate of 2% above the National Westminster Bank Base Rate for the time being in force.

3 RETENTION OF TITLE.

3.1 The goods shall be at the Purchaser’s risk immediately on delivery to the Purchaser or into custody on the Purchaser’s behalf (whichever is the sooner).
3.2 Notwithstanding delivery and the passing of risk in the goods, or any other provision of these Conditions, the property in the goods shall not pass to the Purchaser until the Company has received in cash or by cleared funds payment in full of the price of the goods and all other goods agreed to be sold by the Company to the Purchaser for which payment is then due.
3.3 Until such time as the property in the goods passes to the Purchaser, the Purchaser shall hold the goods as the Company’s fiduciary agent and bailee, and shall keep the goods separate from those of the Purchaser and third parties and property stored, protected and insured and identified as the Company’s property. Until that time the Purchaser shall be entitled to resell or use the goods in the ordinary course of business, but shall account to the Company for the proceeds of sale or otherwise of the goods, whether tangible, or intangible, including insurance proceeds, and shall keep all such proceeds separate from any moneys of the Purchaser and third parties and, in the case of tangible proceeds, property stored, protected and insured.
3.4 Until such time as the property in the goods passes to the Purchaser (and provided the goods are still in existence and have not been re-sold) the Company shall be entitled at any time to require the Purchaser to deliver up the goods to the Company and, if the Purchaser fails to do so forthwith, to enter upon any premises of the Purchaser or any third party where the goods are stored and repossess the goods.
3.5 The Purchaser shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the Company, but if the Purchaser does so all moneys owed by him to the Company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.
3.6 Subject to any contrary requirement by the Company the Purchaser shall be entitled to affix the goods to or incorporate them in any other chattel which he owns, but if he does so –
    (i)   he shall hold that other chattel on trust to sell the same and pay to the Company such proportion of the proceeds of sale as the value of the goods or to the value of the other chattel at the time of addition/incorporation and
    (ii)   if he shall sell or supply that other chattel before making payment of the price he shall hold the proceeds of sale or supply for    and on behalf of the Company;
    (iii)  the Company shall be entitled to demand and receive payment of any proceeds of sale or supply held on his behalf by the    Purchaser and for that purpose it shall be entitled to receive an account of the proceeds of sale and to trace the same to any    property, investment or financial account

4 RETURNED GOODS

4.1 Notwithstanding any general practice which the Company may adopt the Purchaser hereby acknowledges that the Company is not bound to accept the return of the goods which have been duly supplied pursuant to an order.
4.2 The Company will never accept the return of goods which it has ordered specially to meet the Purchaser’s order.
4.3 If in its sole discretion the Company accepts the return of goods it shall be entitled to deduct from the allowance which it makes an administration and handling charge either representing 20% of the price payable or £2, whichever is the greater. The Company shall only be bound to make allowance for the original price of the goods and not for any subsequent increase in their listed price.

5 PART EXCHANGE. If the Company agrees to give the Purchaser an allowance against the goods for a used part then –

   (i)   the Purchaser shall pay the price for the goods in full in accordance with clause 2 above, and
   (ii)  the Purchaser shall be entitled to the agreed allowance only if he delivers to the Company within 28 days of the date of   delivery of the goods (1) the used part and (2) the Company’s invoice for the goods (by way of support for his claim).

6 SOURCE OF SUPPLY. Parts which are in short supply from the manufacturer may be supplied by the Company from other sources. The Company may also supply equivalent Parts not supplied by the Manufacturer. Details are available on request.

7 DESCRIPTION, QUALITY, COMPLAINTS, LIABILITY.

7.1 Where the Purchaser deals as consumer within the meaning of the Unfair Contract Terms Act 1977 the goods are sold with the benefit of any conditions as to description, quality and fitness which may be implied by ss. 13 and 14 of the Sale of Goods Act 1979.
7.2 Where the Purchaser does not deal as consumer within the meaning of the Unfair Contract Terms Act 1977 –
    (i)   the Purchaser warrants that he will examine the goods within 24 hours of taking delivery of them, and the Company will accept no liability for any cause whatever unless the Purchaser notifies the Company of his cause of complaint within 24 hours of taking delivery of the goods;
   (ii)   if for any reason whatever the Company shall be held liable to the Purchaser, that liability is hereby limited so as to exclude loss of profit, loss of earnings and other consequential loss of any kind.

8 NOTICE. Any notice to be given pursuant to this Agreement by the Company to the Customer may be given by posting it in a first class pre-paid letter addressed to the Customer at the address given overleaf, and each such notice shall be deemed to have been served on the second working day after the day of posting.

9 WAIVER. No relaxation or indulgence which the Company may at any time extend to the Customer shall prejudice or act as a waiver of the Company’s strict rights under this Agreement.

10 INTERPRETATION. This Agreement shall be governed by English Law. Where the context so admits, words importing one gender shall include the other gender and words importing the singular shall include the plural and vice versa.

11 ARBITRATION. Any dispute or difference of any kind whatsoever which arises or occurs between the Customer and the Company in relation to any thing or matter arising under, out of or in connection with this Agreement shall be referred to arbitration under the Arbitration Rules of the Chartered Institute of Arbitrators.

12 OTHER TERMS AND CONDITIONS. The Purchaser accepts that the goods are sold and purchased subject to the above provisions notwithstanding any provision inconsistent therewith contained in any conditions which the Purchaser has heretofore or may hereafter bring to the Company’s notice.

SERVICE TERMS OF BUSINESS

The Company will accept business only on its standard terms set out hereunder and delivery of a vehicle to the Company for repair or service shall indicate acceptance of such terms and constitute a waiver of any other contractual conditions notwithstanding the customer’s order may imply the contrary.

SPECIFIC CUSTOMER’S OBLIGATIONS

1. The customer shall remove all personal property from the vehicle before delivery to the Company and the Company shall not be responsible for the loss or damage however so caused of customer’s property which shall be inadvertently left in the vehicle.
2. Any defects in the vehicle which may render it dangerous in any way must be drawn to the Company’s attention at the time of delivery to the Company and since vehicles may be stored in the open customers must ensure that the vehicle is adequately protected for this eventuality.

GENERAL CONDITIONS

1. Estimates: Any verbal estimate as to the charge for work to be done is provisional only and is not binding upon the Company. Estimates in writing are subject to the conditions printed thereon and to the terms hereof.
Insurance Companies: When instructions are given by insurers to repair a customer’s vehicle such insurers shall be deemed to be the customers’ Agent for the purpose of giving such instructions and the customer remains liable for such repair undertaken by the Company.
2. Scope of Work: The Company is entitled to carry out in the course of the work ordered all such extra repairs and replacements (by new or reconditioned parts) as it may consider necessary for the proper running of the vehicle and such extras shall be charged to the customer.
3. Disposal of Parts: Worn and damaged parts will be disposed of immediately unless the customer gives written instructions to the contrary when ordering the work.
4. Charges: Unless the charge for the work is specified in a written estimate given to the customer it is to be based on the time taken or time scheduled plus materials and/or parts used in carrying out the work.
5. Deposits: The Company may require a deposit to be paid by the customer prior to the commencement of work to cover the cost of replacement parts purchased by the Company and such deposit will be forfeit to the Company should the customer subsequently withdraw his order without prejudice to any other rights the Company may have for breach of the Contract or otherwise.
6. Customer Assurance: Work apparently covered by the Manufacturers Customer Assurance Policy (warranty) will be carried out without charge pending the acceptance by the manufacturer, but in the event of non acceptance by the manufacturer the charge will be rendered later and will be immediately payable. If at any time of repair there is any doubt about the entitlement during the assurance period, the work will be charged pending the outcome of the approach the Company will make to the manufacturer. Any overcharge will then be refunded.
7. Completion: The Company does not specify a time for completion of the work and shall not be liable in any circumstances for delay in completing the works.
8. Payment: Accounts must be paid on or before completion of the work. The Company is entitled to retain customers vehicles until the account has been fully paid unless sufficient credit facilities have been agreed and confirmed by the Company’s Accounts Department. A cheque given by the customer in payment shall not be treated as a discharge until the same has been cleared.
9. Storage: A storage fee will be charged for any vehicle not collected within fourteen days of completion of the work and customers are informed that the acceptance of all vehicles for repair (or servicing as appropriate) by the Company at these premises is subject to the provision of the Torts (Interference with Good) Act, 1977 which confers on the Company a right to sell the vehicle if not collected when ready for re-delivery.

The above storage terms are applicable to vehicles remaining on the premises after fourteen days where no instructions for repair (or servicing as appropriate) have been given to the Company in writing.

11. Consumer Transactions: Nothing herein contained is intended to affect, nor will it affect a consumer’s statutory right under the Sale of Goods Act, 1893 as amended by the Supply of Goods (Implied Terms) Act, 1973 or the Unfair Contract Terms Act, 1977.