DEFINITIONS: In these conditions, (unless the contest otherwise requires) the following expressions shall have the following meanings:
The company: Alliance Automotive UK CV Ltd
Customer: the person, firm, company or authority purchasing
the product from the company.
Contract: the contract of the sale between the company and the customer.
Product: automotive components, accessories and other goods forming the subject matter of the contract.
ACCEPTANCE: All orders are accepted, and all goods are supplied on the terms of these conditions and all other conditions, warranties, and representations, express or implied whether under Common Law, Statue or otherwise (including, without limitations, any conditions as to merchantability or illness for any purpose) are hereby excluded. No addition thereto or variation there from as contained in any customer quotation, order or confirmation shall apply unless specifically agreed in writing by the parties.
PRICES: All prices are quoted net ex-works exclusive of vat. 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 date of dispatch unless otherwise agreed by the company in writing.
INVOICE DISCREPANCIES: Any alleged discrepancies between the goods ordered and those supplied and invoiced must be advised to the company within 10 days of receipt by the customer.
DELIVERY TIMES: Delivery times are quoted in good faith, but no liability is accepted for failure to at or within quoted time.
TERMS OF PAYMENT: United Kingdom; strictly net monthly account. Pending the opening of a credit account, all goods must be paid for in advance or C.O.D.
Prevailing delivery charges will or will not apply depending upon the pre vat value of the invoiced goods concerned.
The company will not accept the return of goods for credit, for whatever reason, at any time after 30 days from the date of delivery to the customer.
Special order goods may not be returned for credit.
Goods correctly supplied may be returned to the company, carriage paid, by prior arrangement, but will be subject to a 15% handling charge.
Interest & Compensation Clause
We reserve the right to claim interest, compensation, and reasonable costs under the Late Payment of Commercial Debts (Interest) Act 1998 and it is agreed that the term implied by that Act shall apply after any judgment as well as before. Any reference to the Late Payment of Commercial Debts (Interest) Act 1998 is also a reference to any amendment, modification, or re-enactment of it. If for any reason the Late Payment of Commercial Debts (Interest) Act 1998 does not apply interest shall be payable on overdue amounts at 8% over the Bank of England Base Rate from time to time.
Compensation
Invoice Amount Compensation
Up to £999.99 £40 per invoice
£1000 – £9,999.99 £70 per invoice
Over £10,000.00 £100 per invoice
Costs Under Contract Clause
Without prejudice to our right to claim costs under the Late Payment of Commercial Debts (Interest) Act 1998, if for any reason any payment is not made when due, we reserve the right to be paid on an indemnity basis any costs we incur in recovering any money due under this contract (and the costs of recovering such costs) including our administrative costs and any costs incurred with lawyers or debt collection agencies.
Our administrative cost may include the cost of employing the staff concerned and the overheads attributable to them for the time spent. In calculating our administrative costs credit will b given for any compensation due under the Late Payment of Commercial Debts (Interest) Act 1998.
ACCEPTANCE AND RISK: Unless the customer notifies the company forthwith in writing, the customer will be deemed to accept the goods immediately on physical possession of the goods. Risk passes with physical possession. Any service recommendation, suggestion or advice which may be offered in technical literature or in response to specific enquiry, is given in all good faith but the company shall not be liable for any losses or damage arising there from.
TITLE AND PROPERTY: The Company shall remain owner with the right of repossession of all goods supplied by the company until all payments under this contract and in any other contract between the company and the customer have been made in full and unconditionally.
In the event of failure to pay the price under this and any other contract between the company and the customer, have been made in full and unconditionally.
If the customer should suffer any form of insolvency or any execution of distress is levelled against the customer, then the company shall be entitled to cancel this or any other contract with the customer either in part or whole.
If the company’s goods are mixed with the goods of the customer or any other parts the company shall retain title only to those goods supplied by it.
The customer shall use all goods supplied by the company in a first in, first out basis.
SPECIFICATION: Whilst every effort is made to ensure accuracy of the descriptions, illustrations and material contained in any catalogue, price list, brochure, leaflet or packaging, the descriptive matter represents the general nature of the items described therein, but does form part of any order or contract or amount to any representation or warranty. The company reserves the right to modify specifications and prices without prior notice. Any manufacturer’s part numbers or vehicle details quoted in any literature produced by the company is provided for customer reference only. The company shall not be under any liability to the customer in respect of any patents, trademarks or other proprietary right.
WARRANTY: Subject as provided below, the company warrants all goods supplied by it to be free from defect in material and workmanship, but its sole liability under such warranty shall be limited to replacing or issuing credit, as its option, for any goods which within twelve months of delivery are returned within two weeks of discovery of any defect by the customer, carriage paid to the company and which the company accepts as having been defective in materials and workmanship.
The company shall incur no liability under this warranty.
- A) Unless the goods returned under warranty have been received by the company within two weeks of discovery of any defects by the customer and provided that the customer has completed a company warranty claim form and that the goods are labelled appropriately.
- B) For any goods for which the alleged defect is found upon examination to have been caused in whole or part by misuse, neglect, overload, unsuitable lubricant or additive, improper installation or repair, alteration or accident.
- C) For any transport, installation, removal labour or other costs.
- D) No warranty applies to goods supplied by the company which are used in any form of motor competition or for performance improvement.
CONSEQUENTIAL LOSS AND DAMAGE: Save as expressly provided, the company shall not be liable for any loss or damage direct or consequential whether in contract, tort or otherwise or whatsoever nature to whomsoever or howsoever caused arising out of or through the use of any of the goods supplied by it. The acceptance of the goods by the customer shall be considered as acknowledged that they are sold and accepted subject to these conditions upon any persons to whom these goods may be supplied