“Seller”: S.P.R Autos Ltd
“Goods”: Means the articles or things or any of them described in the Order
“Specification”: Means a technical description, if any, of the goods contained or referred to in the Order Means the Order placed by the Buyer for the supply of goods
“Order”: Means the Order placed by the Buyer for the supply of goods
“Consumer”: Private individual acting otherwise than in the course of a business
These terms and conditions comply with The Consumer Protection (Distance Selling) Regulations 2000 and the Sale of Goods Act 1979.
2) Buyer’s Order
These terms and conditions apply to all contracts of sale by the Seller unless varied in writing by authorised representatives of the parties. The placing of an order for goods (and/or services) shall be deemed to be acceptance of these conditions notwithstanding any other conditions which may be set out in or referred to in any invitation to quote or in any order.
These terms and conditions alone are the terms and conditions of the agreement between the parties and supersede all prior dealings, negotiations, representations or agreements whether written or oral expressed or implied. No variation of or addition to these terms and conditions shall be effective unless in writing by authorised representatives of the parties.
3) Condition of Goods
The goods shall:
Conform as to quantity, quality and description in the case of a written order with the particulars stated on the order, and in the case of a verbal order, given by telephone or otherwise with the particulars noted by the Seller at the time the order is placed. It shall be the duty of the Buyer to check that an accurate note is taken of these circumstances.
Be equal to the sample or specification (if any) provided by the Buyer or that given by the Seller.
Goods will only be despatched/released when accompanied by payment in full from the Buyer.
Unless otherwise agreed, the goods will be delivered no later than 4 working days Monday – Friday after the day the Order is sent from the Buyer to the Seller.
Prices will include carriage. No allowance will be credited for goods collected on behalf of the Buyer from the Seller’s premises.
The goods shall be properly packed and secured in such a manner as to reach their destination in good condition under normal carriage conditions of the carrier used by the Seller.
Some parts supplied are subject to a surcharge payable on order. A refund will be issued upon receipts of the unit by the Seller provided the unit is complete and in a similar state and condition to that of the original part ordered and supplied by the Seller. Carriage for return of the surcharge units will be arranged and borne by the Seller.
Incomplete or non-return of surcharge units will not be refunded and may incur a further charge.
9) Right to cancel (Unwanted goods)
After the goods have been delivered, the Buyer is entitled to cancel the order within 7 days, beginning the day after the goods have been received. The buyer must inform the Seller in writing of their intention. Unwanted goods must be returned to the Seller within 10 working days once the notice of cancellation has been sent.
The cost of returning unwanted goods will be at the expense of the Buyer.
The Buyer must ensure that the goods are received by the Seller and are not damaged. If the Buyer fails to exercise reasonable care in doing so, the Seller is entitled to make a claim against the buyer for breach of a Statutory Duty.
The Seller will not accept for credit the return of goods which have been previously fitted or used to diagnose faults.
Collected Order – All items returned must be accompanied by either a copy of the relevant invoice or appropriate proof of purchase. Ie debit/credit card receipt. Any shortfall or damage to goods must be notified upon receipt of goods.
Faults – The Seller will not under any circumstances accept the return of parts ordered to assist in the diagnosis of faults.
10) Faulty Items
If the goods do not conform to the Sale of Goods Act 1979, the Buyer can return the items after the 7 working days and the cost of returning such goods will be borne by the Seller.
11) Damaged Goods
The Seller does not accept responsibility for any damage to goods that has not been reported by the Buyer to the Seller within a reasonable period of time.
Warranty claims will only be considered on faulty goods and only covers the parts supplied by the Seller and that has been fitted by a recognised independent specialist or approved dealer. No labour or hiring charges will be accepted by the Seller.
The invoice value of any goods supplied by the Seller and subsequently agreed by the Seller to be defective in design, materials or workmanship, within 12 months of purchase, will be replaced or credited to the Buyer.
Where the Buyer is a person dealing as a consumer there is implied in this contract the conditions and warranties contained in Section 13, 14 and 15 of the Sale of Goods Act 1979. The statutory rights of the consumer are not affected.
Save as provided in this clause all representations, warranties or conditions express or implied statutory or otherwise are expressly excluded.
13) Consequential Loss
Notwithstanding anything contained herein and except only as specified in the Warranty Clause (12), the Seller shall not be liable, under any circumstance, for loss of profit, use of goodwill or for delay or for any direct or indirect or consequential loss of any kind whatsoever whether caused by negligence or otherwise, howsoever and all conditions and warranties whether expressed or implied are hereby excluded save those which by statute may not be excluded.
Unit 16 Portwood Trading Estate