TERMS AND CONDITIONS FOR SALE OF PARTS
1. THE PURCHASER
The Purchaser warrants that he contracts on his own behalf and not as the agent of any other person and further agrees to be bound by these terms and conditions which together with the sales invoice is the entire agreement between the Purchaser and the Company unless otherwise agreed in writing by a director of the Company and also that these terms and conditions prevail in all circumstances.
2. SETTLEMENT TERMS
Unless otherwise agreed in writing, no discretion is allowed from the prices set and the Purchaser must pay the price of the goods in full at the time of order.
3. RETENTION OF TITLE
3.1 The goods shall be at the Purchaser’s risk immediately on delivery to the Purchaser.
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 properly 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 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 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 the Company has the right to enter upon any premises of the Purchaser or a 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 have or to the value that the other chattel has 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 its 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 specifically to meet the Purchaser’s order unless the goods are damaged, misdescribed or unfit for their purpose
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 handling and restocking charge representing 25% of the price payable. The Company shall only be bound to make an allowance for the original price of the goods and not for any subsequent increase in their listed prices save that this sub-clause 4.3 shall not apply in the event of goods that have been returned by the Purchaser under the provisions of the Distance Selling Regulations.
4.4 Where the goods sold are wholly or partly of an electrical nature, the Company will not accept the return of such goods
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 (a) the used part (in the same condition as it was when it was sold to the Purchaser) and (b) 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.
7. DESCRIPTION, QUALITY, COMPLAINTS, LIABILITY
7.1 Where the Purchaser deals as a 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 complaint unless the purchaser notifies the Company of his cause for complaint within 24 hours of taking delivery of the goods.
(ii) if for any reason whatsoever 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 (including additional labour costs).
(iii) we cannot accept any claims arising from information on our website.
(iv) the maximum liability of the Company under any claim shall be limited to the purchase price actually paid for the product.
8. USED AND SECOND HAND ENGINES
8.1 Where the product sold is either a used, second hand or part worn engine, the Company warrants that if the said engine is found to be materially defective within a period of ninety days from the date of the sales invoice, the Company will at its discretion, exchange it or give a credit note for the original sale price upon the engine being returned to the Company.
8.2 If an engine is exchanged under the terms of this warranty, the exchanged engine will be covered for the balance of the original warranty.
8.3 The warranty only applies to engines that are fitted to vehicles registered in the UK at the date of the sales invoice
8.4 This warranty does not cover:-
(i) any parts that are external to both the cylinder head and engine block (including for instance and without limitation the cambelt, turbo, water pump, water hoses, sensors, fuel system, ignition system, injectors etc),
(ii) the cost of any labour or other charges or losses that may arise or be incurred as a result of the engine being materially defective,
(iii) any seals and or gaskets
8.5 This warranty shall not apply:-
(i) if in the opinion of the Company the defect arose as a result of misuse or negligence on the part of the purchaser or its fitters
(ii) if the engine was not professionally and properly fitted by a certified technician/competent mechanic using the correct tools
(iii) if the engine has been dismantled without the prior written consent of the Company
(iv) if the engine has been used for competitive driving or racing
9. BODY PANELS
Used body panels (including without limitation sheet metal, glass, doors, trims etc) are sold on an “as seen” basis and are non-returnable.
10. OTHER TERMS AND CONDITIONS
10.1 This clause 10.1 does not apply to used and second hand engines which are dealt with under clause 8. Subject to clause 10.2 below, where the goods sold are used, second hand or part worn, the Company warrants that if they are found to be materially defective within a period of ninety days from the date of the sales invoice, the Company will at its discretion, exchange them or give a credit note for the original sale price upon the goods being returned to the Company. This warranty does not cover the cost of any labour or other charges or losses that may arise or be incurred as a result of the goods being materially defective. Further, this warranty shall not apply if in the opinion of the Company the defect arose as a result of misuse or negligence on the part of the purchaser or its fitters.
10.2 The warranty referred to in clause 10.1 above does not apply to goods that have been sold which are either used, second hand or part worn and which are wholly or partly of an electrical nature in which case, the Company will not under any circumstances accept the return of this type of goods.
10.3 Any warranty given is personal to the Purchaser named in the invoice only and is not transferrable under any circumstances whatsoever.
10.4 No cash refunds will be given unless the Purchaser has paid in cash.
10.5 Prices quoted on our website are subject to availability and are correct at the time of publishing but the Company reserves the right to vary the prices without prior notice.
10.6 We do not store credit/debit card details nor do we share customer details with any 3rd parties.
Any notice to be given pursuant to this agreement by the Company to the Purchaser may be given either by email to the Purchaser or by posting it in a first class pre-paid letter addressed to the Purchaser at the address supplied and each such notice shall be deemed to have been served in the case of an email the same day or in the case of a letter on the second working day after the day of posting.
No relaxation or indulgence which the Company may at any time extend to the Purchaser shall prejudice nor act as a waiver of the Company’s rights under this agreement or in law.
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. If two or more persons constitute the Purchaser the liability of those persons shall be joint and several. The Company means Neo Brothers Ltd.
Any dispute or difference of any kind whatsoever which arises or occurs between the Company and the Purchaser in relation to anything 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.
15 POSTING TO THE WEBSITE OR OTHER SOCIAL NETWORKING MEDIA
15.1 Users and our customers agree not to post or transmit to any website or social networking media any defamatory, threatening, obscene, harmful material which would either violate or infringe in any way our rights or which may directly or indirectly cause unsubstantiated adverse publicity.
15.2 Any person(s) or bodies that contravene the provisions of clause 15.1 agree to compensate the Company for all costs and losses directly or indirectly arising from the posting or transmission including the Company’s legal costs(on an indemnity basis) for removing for dealing with such posting or transmission
If any provision of this Agreement should be held to be invalid it shall to that extent be severed and the remaining provisions shall continue to have full force and effect.
17. FORCE MAJEURE
The Company shall not be liable for any delay in meeting or for failure to meet its obligations under the agreement due to any cause outside its reasonable control including (without limitation) Acts of God, war, riot, malicious act of damage, fire, flood, adverse weather conditions, acts of any government or public authority, failure of the public electricity supply, failure of any telecommunications service provider, failure or delay on the part of any sub-contractors beyond its reasonable control or the unavailability of materials.
18. POST DELIVERY INFORMATION – DISTANCE SELLING REGULATIONS
18.1 If you have purchased an item from us under the Distance Selling Regulations and you wish to return that item to us, you have a 14 working day money back guarantee commencing the day after delivery. This means you have the right to cancel your order within 14 working days without charge; the only liability being for any return carriage costs.
18.2 You can also contact us in writing, either by email at: firstname.lastname@example.org or by post at:
Neo Brothers Ltd, Unit 23, Monro Industrial Estate, Station Approach, Waltham Cross, EN8 7LX
VAT Reg: GB674832113
18.3 In the instance that a non-faulty item has to be returned after dispatch, you will be liable for return charges; these are also payable if you cancel on the day of delivery. The charges are based on the volume of your items in cubic meters (CBM) per item:
(i) Up to 0.25 CBM £20 (per item)
(ii) Over 0.25 CBM £50 (per item)
It is very simple to calculate this figure; you multiply its width by its height and depth.
18.4 Please note that these terms do not affect your statutory rights.
19. EXPORTING OF GOODS OUT OF UK
Unless otherwise stated, goods sent out of the UK will be exported under DAP Terms. The customer is the 'Importer' of goods with the logistics company filing the customs declaration for the import of the goods.