The following General Conditions of Sale shall apply to all contracts for the sale
of Services and or Goods supplied by Partspanel Ltd and shall prevail over any terms
and conditions inconsistent with them whether appearing on the order placed with
Partspanel Ltd or otherwise :
DEFINITIONS
- "Partspanel Online " is trading from Partspanel Ltd.
- "Website" is the Internet web page or Internet web pages published by Partspanel
Ltd or any other party on its behalf in the course of its business practices.
- "Customer" is any person, company or organisation who visits and uses information
from the Website.
- "Services and or Goods" are those services and or Goods provided by Partspanel Ltd
to the Customer as detailed in Schedule A below.
APPLICATION OF THESE TERMS & CONDITIONS TO THE SERVICES
- The Customer shall pay to Partspanel Ltd the cost of the Services and or Goods purchased
by the Customer by one of the methods defined in Schedule B below.
- Partspanel Ltd shall make available to the Customer the Services and or Goods chosen
by the Customer defined in Schedule A below or otherwise at such time as the completion
of the Service is met by Partspanel Group Ltd.
- Partspanel Ltd gives no warranty as to the quality or utility or otherwise of the
information or the Services and or Goods other than that Partspanel Ltd shall provide
to the Customer the Services and or Goods to a reasonable and competent standard.
- Partspanel Ltd shall apply its Privacy Policy to the information of the Customer
and the Customer shall be notified of that Privacy Policy in addition to these Terms
& Conditions.
- Illustrations. All drawings, illustrations, catalogues and advertising materials
issued by Partspanel Ltd are intended only as a general guide to the goods.
- Specifications. All weights, measures, capacities, power ratings and other specifications
given by Partspanel Ltd are approximate only unless otherwise stated.
VARIATION AND TERMINATION
- Partspanel Ltd reserves the right to modify or suspend or terminate the Services
and or Goods at any time prior to the Services and or Goods or any part thereof
being made available to the Customer by Partspanel Ltd with a full refund in the
instance that, Partspanel Ltd has received payment from the Customer.
- The Customer may cancel the Services and or Goods whereupon the Services and or
Goods have not yet been made available or within seven days of order.
GENERAL
- Governing Law and Jurisdiction - these Terms & Conditions are governed by and construed
in accordance with the laws of England and Wales and the Customer hereby submits
to the non-exclusive jurisdiction of the English courts.
- Nothing in these Terms & Conditions shall be construed as affecting the statutory
rights of the Customer.
- Severability - these Terms & Conditions are severable in that if any provision is
determined to be illegal or unenforceable by any court of competent jurisdiction
such provision shall be deemed to have been deleted without affecting the remaining
provisions of these Terms & Conditions.
- Waiver – Partspanel Ltd failure to exercise any particular right or provision of
these Terms & Conditions shall not constitute a waiver of such right or provision
unless acknowledged and agreed to by Partspanel Ltd in writing.
- Representations – the Customer is notified and agrees that in entering into these
Terms & Conditions the Customer does not rely on, and shall have no remedy in respect
of, any statement, representation, warranty or understanding (whether negligently
or innocently made) of any person (whether party to these Terms & Conditions or
not) other than as expressly set out in these Terms & Conditions as a warranty.
Nothing in this Clause shall, however, operate to limit or exclude any liability
for fraud.
- Assignment - the Customer in entering into these Terms & Conditions undertake that
the Customer will not assign, re-sell, sub-lease or in any other way transfer the
Customer's rights or obligations under these Terms & Conditions or part thereof.
Contravention of this restriction in any way, whether successful or not, will result
in the Services being terminated by Partspanel Ltd forthwith. Partspanel Ltd assign
these Terms & Conditions in whole or in part to any third party at its discretion.
- Rights of Third Parties - A person who is not a party to this Agreement has no rights
under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any
Clause of these Terms & Conditions.
- Force Majeure – Partspanel Group Ltd shall not be liable in respect of any breach
of these Terms & Conditions due to any cause beyond its reasonable control including
but not limited to, Act of God, inclement weather, act or omission of Government
or public telephone operators or other competent authority or other party for whom
Partspanel Ltd is not responsible.
SCHEDULE A
Acceptance
An order whether or not based upon a quotation shall not be binding on Partspanel
Ltd unless accepted in writing. Any representations made by Partspanel Ltd and not
contained in its quotation or acceptance of order shall be excluded. Clerical errors
in quotations or acceptances may be corrected at any time. Unless otherwise agreed,
goods will be sold at the price current at the date of order.
Goods Supplied
- Lighting
- Front End
- Air conditioning
- Cooling
- Side Section
- Rear Section
- Consumables
From time to time Partspanel Online (Part of Partspanel Ltd) also supply other car
parts
Warranty and Defects:
All goods supplied by Online Automotive are new and covered by a manufacturer's
warranty.
A) The warranties as to quality and fitness, skill and care implied
by the Sale of Goods Act 1979 and/or Supply of Goods and Services Act 1982 (as amended)
shall apply but the purchaser must satisfy himself as to the suitability of the
goods to be supplied for any purpose to which he wishes to put the goods. The warranty
periods applicable to particular goods are as laid down from time to time in Partspanel
Ltd warranty circulars or as otherwise notified to the purchaser or if not so stated
or notified shall be six months. All warranty periods commence with the date of
supply.
Therefore mentioned warranties in "A)" above do not apply to defects in goods or
damage to the goods caused by:
- misuse, operation beyond the limits of rated capacity, or neglect or default in
the use or application of the goods (other than by Partspanel Ltd), or
- fair wear and tear, or
- the use of spares or spare parts not supplied by Partspanel Ltd, except to the extent
that Partspanel Ltd has recommended the use of such spares or spare parts, or
- faulty workmanship or negligence on the part of any person (other than Partspanel
Ltd), or
- any accident, misuse or neglect attributable to any person, firm or corporation
(other than Partspanel Ltd).
B) Except as mentioned in "A)" above, no condition, warranty or
representation as to the goods or their quality, design, specification, performance
or fitness for a particular purpose is given or shall be implied.
C) The liability of Partspanel Ltd for breach of the warranties
mentioned in A) above shall be limited to the repair or replacement of the faulty
goods and Partspanel Ltd shall not be liable whether in contract, tort or otherwise
for any other or further loss, damage, expense or injury (except personal injury
or death) whether to person or property howsoever caused and whether direct or consequential
suffered by the purchaser, its employees, agents or any other third party arising
out of the sale and installation of the goods.
Delivery
The purchaser shall pay the cost of carriage except that where the value of the
order exceeds a minimum value as started by the company from time to time. The cost
of delivery will vary depending upon the order placed. The seller will not effect
insurance on the goods during transit unless requested in writing by the purchaser;
the purchaser shall be liable to reimburse the seller for the cost of such insurance.
Delivery dates are estimated only and not guaranteed and Partspanel Ltd shall have
no liability for delay in delivery howsoever caused. All deliveries will include
packaging, unless otherwise stated. Partspanel Ltd shall have no liability in respect
of goods lost or damaged in transit or in course of loading or unloading unless
the purchaser notes such loss or damage on the delivery receipt and gives notice
thereof in writing to Partspanel Ltd and the carrier within three working days of
delivery or, in case of non-delivery of an entire consignment, gives notice thereof
in writing to Partspanel Ltd within ten working days of the date of invoice. Standard
goods on which delivery is refused will be subject to a charge of 30% of the order
value. Special items on which delivery is refused will be invoiced at the full net
price.
Payment
Standard terms of payment for sales of all goods are:
Invoice dates
Invoices will be raised on the same date as the goods are despatched. In the event
that delivery of the goods cannot take place through no fault of Partspanel Ltd,
the goods will be deemed to have been delivered and will be invoiced and payment
will be due in accordance with Partspanel Ltd normal terms of trading.
Cancellations
No orders given to Partspanel Ltd may be cancelled without the consent of Partspanel
Ltd, in writing having been obtained and it shall be an implied condition of such
cancellation that the purchaser shall indemnify Partspanel Ltd against all loss
and expenses occasioned thereby.
Returns
The return of goods supplied against a firm order will be the subject of handling
and re-stocking charges (currently 15% of sale value), plus any incurred carriage
charges.
Reservation of Title
Until such time as full payment is received by Partspanel Ltd for all goods and
services supplied by Partspanel Ltd to the purchaser and the purchaser has paid
in full any other monies owing to Partspanel Ltd, all goods shall remain the legal
and beneficial property of Partspanel Ltd and the purchaser shall hold the goods
as bailee for Partspanel Ltd and shall store the goods in such a way that it is
clear that they are the property of Partspanel Ltd. The purchaser's right to the
possession of the goods shall cease if he or it shall enter into a moratorium, administration,
liquidation, bankruptcy, or composition or arrangement with creditors or have any
property subjected to appointment of a receiver, enforcement of security, distress
or execution of a judgment and Partspanel Ltd may at that time (without prejudice
to its other rights and remedies) terminate the purchaser's right to sell the goods
and may recover all of its goods in the purchaser's possession or under the purchaser's
control which remain the property of Partspanel Ltd and Partspanel Ltd, its employees
and agents are hereby irrevocably authorised to enter upon the purchaser's premises
to recover the goods.
SCHEDULE B
PAYMENT
Payment for any Services and or Goods offered by Partspanel Ltd can be made in the
following way:
- Online credit or debit card payment via the website.
- Personal cheque.
- Bankers draft.
- Direct deposit to Partspanel Ltd account.
- Cash delivered in person.