AND CONDITIONS OF BUSINESS
|COMPANY||Summit Racing UK and Invo Auto Ltd|
The person, firm, company or authority purchasing the Goods from the Company.
|CONDITION||Means the standard terms and conditions set out in this document which shall govern the Contract to the exclusion of any other terms and conditions.|
|CONTRACT||The contract for the sale and purchase of Goods between the Company and the Customer.|
The goods (including any instalment of the goods or parts of them) which the Company is to supply in accordance with these conditions.
1. TERMS OF PAYMENT
a) Where the Customer does not hold a credit account with the Company payment must be made on or before collection or cash on delivery. Where the Customer holds a credit account payment is due on the 20th of the month following the month of invoice.
b) The Company reserves the right, without prejudice to any other right or remedy, to change interest before or after judgement at an annual rate of 5% over the base rate of Barclays Bank plc (minimum 12% p.a.) on any invoice/statement remaining unpaid after the due date.
c) The Company reserves the right to change the customer with the cost of representation of cheques received from the Customer or his/hers representatives at any time.
Any service, recommendation, suggestion or advice which may be offered by the Company in technical literature or in response to specification enquiry, is given in all good faith but the Company shall not be liable for any loss or damage arising there from and it is for the Customer to satisfy himself as to the suitability of the Goods for his own particular purposed and shall be deemed so as to have done.
Any notice hereunder shall be deemed to have been given if delivered by hand or sent by prepaid first-class post or facsimile (confirmed by notice by post) to the party concerned at its last known address, and deemed to have been received on the date of despatch, if delivered by hand or sent by facsimile, and on the third day after posting, if sent by post.
a) Any delivery date stated in the contract is intended as an estimate only. Time and place of delivery shall not be the essence of this contract and the Company shall not be liable for any loss caused through delay or failure to deliver. Any such delay will not be entitling the Customer to cancel or rescind the contract.
b) If the Customer refuses or fails to take delivery of the Goods or fails to take any action necessary on its part for delivery or shipment of the Goods, the Company shall be entitled to terminate the Contract with immediate effect, to dispose of the Goods as the Company may determine and to recover from the Customer any loss and additional cost incurred as a result of such refusal or failure and in any event to retain any payment made prior to such refusal or failure.
c) The Company will be entitled to make delivery of orders for parts by instalments.
d) Unless otherwise expressly provided all sales are Ex-Works (i.e. from Company’s premises), notwithstanding that the Company may arrange for delivery.
e) At the request of the Customer, the Company shall as agents for the Customer arrange for carriage on such terms as the Company considers appropriate unless the Customer specifies otherwise, and shall invoice the Customer all carriage/packaging cost incurred. Section 32(3) of the Sale of Goods Act 1979 shall be deemed to be excluded hereby.
The Contract shall be construed in accordance with English Law and shall be subject to the jurisdiction of the English Courts.
When using a hired carrier, the Company shall not be liable for any consequential loss or damage of any kind whatsoever which may be caused to any Goods at any time before reaching the Customer due to the absence of packing or protection or due to faulty packing.
At the point of collecting or receiving Goods from the Company, it is the responsibility of the Customer to:
a) ensure that the quantities of Goods supplied match with the quantities specified on the invoice/delivery note, as claims for shortages afterwards cannot be accepted.
b) Check the Goods and report any broken/damage parts immediately as any claims made afterwards cannot be accepted, especially light equipment, glass and body parts.
In the case where Goods are delivered by transport other than the Company’s own, damage, loss in transit or shortages should be reported within 3 days or receipt of Goods. The carrier’s receipt should be endorsed accordingly and a copy sent to the Company at the time of notification. Non-delivery (total loss) should be notified to the Company within 7 days of the fate of despatch.
Any other claims should be notified within 15 days of receipt of Goods. In the absence of notification of claims within the periods aforementioned the Goods shall be deemed to have been received in accordance with the Contract.
All prices are quoted nett ex-works and exclusive of V.A.T. The Company reserves the right to vary its current price list at any time without prior notice and Goods will be invoiced to the Customer at the prices ruling at the time unless otherwise agreed by the Company in writing.
Any Original Equipment part numbers listed or quoted are used for reference purposes only. The Company reserves the right to vary its selling prices on any line or lines where the Customer persistently orders in quantities not in accordance with agreed buying term.
Invoices must be produced when returning Goods. Goods ordered in error by the Customer can be returned provided that they are in a saleable condition and returned within 7 days after receipt of Goods. Goods being returned must be brought to the Company’s premises. The Company will not be responsible for any carriage or delivery charges on Goods being returned, where there is no fault on the part of the Company. Goods being returned will be subject to a minimum handling charge of 20% of the price invoiced. Goods obtained to the Customer’s special orders that are correctly supplied and non-defective cannot be refunded. Goods from discontinued lines cannot be refunded. Electrical/fuel injection parts are non refundable unless wrongly supplied. When Goods are returned as faulty, the Goods have to be returned to the supplier/ manufacturer before a decision can be made.
10. EXCHANGE ITEMS
A surcharge is levied on exchange items (e.g. items that are recondition able). The surcharge is refundable subject to the following conditions: -
a) The exchange items are returned within 10 days.
b) The exchange items are not broken, damaged or dismantled.
a) Subject to the terms of the relevant manufacturer’s/supplier’s guarantee or warranty (if any), the invoice value of any parts supplied by the Company and subsequently agreed by the Company as to be defective in design, materials or workmanship will be replaced or credited to the buyer.
b) Where the Customer is a person dealing as a consumer there is to be implied in this Contract the condition and warranties contained in section 13, 14, & 15 or the Sale of Goods Act 1979. The Statutory right of the consumer are not affected.
c) Save as provided in this clause all representations, warranties or conditions express or implied statutory or otherwise are expressly excluded.
d) The Company shall in any case, incur no liability for any warranties
1) Where Goods are used in any form of motor competition or for performance improvement.
2) For any transport, installation, removal, labour or other consequential costs.
e) Save as herein expressly provided, the Company shall not be liable, under any circumstance, for loss of profit use of goodwill or for delay in delivery or for any direct or indirect or consequential loss of any kind, whether in contract tort or otherwise of whatsoever nature or to whomsoever or however caused, arising out of or through the use of the Goods supplied by it.
Without prejudice to any other rights or remedies of the Company.
a) Even though the Goods may be delivered to the Customer and risk in them passes to the Customer, the property in the Goods will not pass to the Customer until they are paid for in full.
b) Until the property in the goods passes to the Customer, the Customer will hold the Goods as the Company’s fiduciary agent and bailee, and will keep the Goods separate from those of the Customer and third parties and properly stored, protected, insured and identified as the Company’s property. Until property passed the Customer may use or sell the Goods in the normal course of its business, but shall do so as agent for the Company and shall account to the Company for any proceeds of sale or otherwise of the Goods, including insurance proceeds, and shall keep such proceeds in trust for the Company separately from any other money and always separately identifiable as the Company’s money. The Customer will be entitled to receive from the Company by way of commission the excess of the proceeds over the amounts due to the Company.
c) The Customer may not pledge or in any way charge as security for indebtedness any of the Goods remaining the property of the Company, but if the Customer does so all money owing by the Customer to the Company shall (without prejudice to any other right or remedy of the Company) immediately become due and payable.
d) The Customer’s right to possession of the Goods will cease and all sums due to the Company will immediately become payable if:
1) the Customer has not paid for the Goods in full by the expiry of any credit period allowed under this Contract; or
2) the Customer is declared bankrupt or makes any proposal to his creditors for composition or other voluntary arrangement; or
3) the Customer does or fails to do anything which would entitle an administrator or administrative receiver or receiver to take possession of any assets or would entitle any person to present a petition for winding-up.
e) The Customer grants the Company and its authorised representatives an irrevocable licence to enter at any time any vehicles or premises owned or occupied by the Customer or in its possession for the purpose of repossessing and removing all or any part of any Goods the property in which has remained in the Company. The Customer, and not the Company, shall be responsible for any cost of making such Goods available to the Company, removal and transport of any such Goods by the Company, and any damage caused to vehicles or premises in such repossession and removal, being damage it was not reasonable practicable to avoid.
f) Even though property in the Goods may not have passed to the Customer the Company will be entitled to bring an action against the Customer for the price of the Goods in the event of non-payment by the due date as if property in the Goods had already passed to the Customer, and the Company will have the right by notice in writing to the Customer at any time after the agreed delivery date to pass the property in the Goods to the Customer as from the date of such notice.
13. CUSTOMER'S ORDER
a) These conditions apply to all contract of sale by the Company unless varied in writing by authorised representatives of the parties. The placing of an order of 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.
b) These Conditions alone are the Conditions of the agreement between the parties and supercede all prior dealings, negotiations, representations or agreement whether written or orally expressed or implied. No variation of or addition to these Conditions shall be effective unless in writing signed by authorised representatives of the parties.
All disputes, differences or questions at any time arising between the parties as to the construction of the Contract or as to any matter or thing arising out of the Contract or in any way connected therewith shall be referred to the arbitration of a single Arbitrator who shall be agreed between the parties or failing such agreement shall be appointed at the request of either party by the President for the time being of the Law Society. The arbitration shall be in accordance with the Arbitration Act 1950 and any statutory modification or re-enactment thereof for the time being in force.
Nothing in the above terms & conditions is intended to exclude or amend the customer’s statutory rights in consumer sale.
Invo Auto accepts vehicles (as hereinafter defined) for repair , for inspection with a view to estimation for repairs, for garaging or pending sale or for any other purpose, only on and subject to terms and conditions following (in addition to any conditions stated above).
1. Estimates (written or verbal) remain effective for 14 days from date of quotation. If instructions from a customer are not received within 14 days to proceed with work in accordance with the estimate, the Company may charge its usual garage rates from the date the vehicle was received until its collection.
2. If price is stated or if only part of the work covered by the estimate is carried out by the Company it shall be entitled to charge a reasonable and proper price for the work done (including any stripping down and reassembling necessary in fault determination) and for parts and material required.
3. All prices quoted by the Company are based on current costs to the Company of labour, materials and parts as the date of quotation and in the event of any variation occurring before or after acceptance, the Company may require the customer to pay any increase due to such variation.
4. If in the opinion of the Company it is impracticable for any reason to carry out any of the work it is instructed to carry out it shall be entitled to refrain from carrying out or completing such work (notwithstanding that a quote may have been given previously) and to carry out only such work as in the opinion of the Company may be practicable.
5. Any variation in the quotation, or the scope of the repair, or the prices chargeable, or otherwise howsoever, shall be subject to all these conditions, and so that any such variation shall not be deemed to constitute or create a new or separate contract, and the original contract shall remain in force, but as so varied. No act of commission or omission by the Company in relation to any vehicle shall constitute a ‘deviations from the contact’, nor shall any such act disentitle the Company to the benefit of any of these conditions.
6. Payment for all repair work and /or parts supplied is due on completion of work, but the Company may demand a deposit before commencing or in the course of any work. A repair is completed for the purpose of these conditions when a written or verbal notice has been given that the vehicle is ready for collection. All parts supplied or fitted will remain the property of the Company until full payment has been made and any relevant cheques cleared.
7. The Company shall not be held liable for any time delays in completing work (notwithstanding that a definite date for completion may be specified).
8. Any work done or goods supplied in relation to a vehicle, by the order of any driver in the Customer’s employ, or by any person who is reasonably believed to be acting as the Customer’s agent, or by the order of any person to whom the Company is entitled to make a delivery of the vehicle, shall be paid for by the customer.
9. The Company has a general lien on a vehicle and all its contents for all monies owing to the Company by the customer on any account whatsoever. The Company shall be entitled to charge garage rent during the period in which the
10. If a vehicle is not collected, and the Company charges are not paid within 24 hours after delivery of the vehicle to the Company, the Company may charge its current storage rent at a minimum of £7 a day in respect of the vehicle from the date of the completion of the repairs until collection or disposal under section 11 hereof or as the case may be.
11. If the Customer’s indebtedness to the firm is not satisfied within three months from the first account rendered to the customer, the Company may without notice, sell the vehicle and/or the contents thereof by public auction or private treaty. The net proceeds of sale shall be applied towards satisfying monies due from the customer to the Company, and any balance shall be paid by the Company to the customer.
12. The Company is not responsible for loss of or damage to vehicles or other property whatsoever, however occasioned, e.g. fire, frost, burglary, theft, negligence, dishonesty, impact, defects in ways or buildings or plant, etc.
13. Where in any case a driver who, so far as the Company is aware, has authority to collect the vehicle, collects the same the Company shall not be held responsible on the grounds that such driver had in fact such authority, and this notwithstanding that delivery may have been made without payment of the Company’s account. It shall not be obligatory upon the Company to seek confirmation of the authority of any person reasonably believed to be then, or to have been at some time, connected with the customer.
14. In connection with any inspection, repair, taking the vehicle to other specialist, testing, demonstrations, or any other purpose for which a vehicle is accepted by the Company, the customer is deemed (unless express notice is given in writing to the contrary) to have authorised the driving of the vehicle on the road or elsewhere.
15. All parts removed by the Company during any repair work shall, it not claimed by the customer within 24 hours after completion of the repair, be deemed to be wholly abandoned to the Company and they shall become the Company’s absolute property accordingly.
16. No complaints relation to repair work done by the Company will be considered more than one month after completion of the repair and in any case only on the return of the vehicle to the Company’s works. The Company is in no way responsible for the work of any sub-contractors. The Company may at its sole discretion employ sub-contractors for any item of the repair. While using quality spare parts and materials, the Company accepts no responsibility for the same. In no circumstances whatsoever shall the Company be liable for any contingent or resulting liability or loss from any defect in material or workmanship or howsoever arising.
17. Any notice posted to the customer to his last known address shall be good notice.
18. Except where the context forbids, the expression ‘vehicle’ wherever used in these conditions includes car, lorry, van trailer, caravan, invalid carriage & cycle, and as a separate unit or otherwise engine, axle, gearbox, clutch, starter, alternator, battery and each and every component of the vehicle.
Coilovers or Dampers
Electrical Goods and special order items.
Water Vapor Jet