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Conditions of Sale
Upon receipt of your goods please ensure that they are as ordered and suitable for your requirements if not products can be returned to us for a refund within 30 days of purchase providing the item is in its original packaging and in unused pristine condition. Providing we are contacted in the first instance (we will issue returns paperwork and a specific returns address, goods cannot be returned without these details). Any return costs are the responsibility of the customer and in the instance of the goods being refunded the original carriage charge will not be included. Goods received after this date can only be accepted at our discretion and subject to a 15% handling charge. For logistical reasons, we regret that we are unable to accept hand returns.
We cannot accept liability for items not delivered by our couriers on time and would recommend that you do not engage mechanics or similar fitment specialists etc until you are in physical possession of the goods.
Any suspected warranty returns can be sent back for a refund but must adhere to manufacturer's terms of warranty agreement and no such refund will be issued until the completion of the manufacturer's inspection. We shall not be liable for any consequential loss to the customer whether this arises from a breach of contract or any other way. Our total liability for any claim however arising shall not exceed the purchase price of the goods supplied by us to you the customer. Any warranty claims resulting in additional labour claims shall fall under the manufacturer's labour claim policy. We will not be liable for any specific instructions set out in our listing or any documents accompanying the goods supplied. Every care has been taken to describe the goods accurately. Variations may occur in both design and specification as the manufacturers of the items improve their products.
Where quoted a specific warranty term then the warranty refers against manufacturing defects causing failure. Failure resulting in misuse or factors causing a product to fail shall not be covered by the manufacturer's warranty.
Should you not be in when the courier calls, the courier will leave their contact card. Deliveries will be attempted on one further occasion prior to the item being returned to ourselves. Should this be the case then return delivery costs will be payable by you. With this in mind, it is important that you contact the number on the courier's card to arrange re-delivery / collection as soon as received.
No employee is authorised to waive our terms and conditions and by placing an order you accept our terms & conditions.
Your statutory rights are not affected by these terms and conditions. English law shall apply in all cases.
LYMM ENGINE COMPONENTS
GENERAL TERMS AND CONDITIONS OF SALE
1.1 The definitions and rules of interpretation in this condition apply as follow: Buyer: the person, firm or company who purchases the Goods from the Company. Company: Lymm Engine Components, registered in England and Wales with number 07972646, and with its registered office at Lymm Engine Components. Unit 5 Birch Court. Grosvenor Grange, Warrington, Cheshire. WA1 4GD. Consumer: a Buyer who is a private individual purchasing the Goods for private use. Contract: any contract between the Company and the Buyer for the sale and purchase of the Goods. Delivery Point: the place where delivery of the Goods is to take place under condition 4. Goods: any goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them).
1.2 A reference to a law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.3 Words in the singular include the plural and in the plural include the singular.
1.4 A reference to one gender includes a reference to the other genders.
1.5 Condition headings do not affect the interpretation of these conditions.
2. APPLICATION OF TERMS
2.2 No terms or conditions endorsed on, delivered with or contained in the Buyer´s purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.
2.3 These conditions apply to all the Company´s sales and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a director of the Company. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract. Nothing in this condition shall exclude or limit the Company's liability for fraudulent misrepresentation.
2.4 Each order for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to buy Goods subject to these conditions.
2.5 No order placed by the Buyer shall be deemed to be accepted by the Company until a written acknowledgement of order is issued by the Company or (if earlier) the Company delivers the Goods to the Buyer.
2.6 The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate.
2.7 Any typographical, clerical or other error or omission in any sales literature (which shall include all specification sheets, plans and drawings), this website, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
3.2 All samples, drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company´s catalogues, brochures or website are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and this is not a sale by sample.
3.3 The Company may from time to time make changes in the specification of the Goods which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the Goods.
4.1 Unless otherwise agreed in writing by the Company, delivery of the Goods shall take place at the address within the United Kingdom specified by the Buyer in the order, or as close thereto as the Company can deliver to at the time of delivery.
4.2 Any dates specified or agreed to by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be of the essence or made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.
4.3 Subject to the other provisions of these conditions the Company shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company´s negligence).
4.4 If for any reason the Buyer fails to accept delivery of any of the Goods when they are ready for delivery, wishes to delay delivery, or the Company is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations: (a) risk in the Goods shall pass to the Buyer (including for loss or damage caused by the Company´s negligence); (b) the Goods shall be deemed to have been delivered; (c) the Company may store the Goods until delivery, whereupon the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance); and (d) sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Purchaser for the excess over the price under the Contract or charge the Purchaser for any shortfall below the price under the Contract.
4.5 The Buyer shall provide at the Delivery Point and at its expense adequate and appropriate equipment and manual labour for unloading the Goods. The Goods will not be unloaded until a representative of the Buyer has signed the delivery note to confirm that the Goods are as ordered and undamaged.
4.6 If the Company delivers to the Buyer a quantity of Goods of up to 10% more or less than the quantity accepted by the Company, the Buyer shall not be entitled to object to or reject the Goods or any of them by reason of the surplus or shortfall and shall pay for such goods at the pro rata Contract rate.
4.7 The Company may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract.
4.8 Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Buyer to repudiate or cancel any other Contract or instalment.
5.1 The quantity of any consignment of Goods as recorded by the Company upon despatch from the Company´s place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.
5.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Company´s negligence) unless the Buyer gives written notice to the Company of the non-delivery within 5 working days of the date when the Goods would in the ordinary course of events have been received.
5.3 Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.
5.4 Where the goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
6.1 The Goods are at the risk of the Buyer from the time of delivery.
6.2 Ownership of the Goods shall not pass to the Buyer until the Company has received in full (in cleared funds) all sums due to it in respect of: (a) the Goods; and (b) all other sums which are or which become due to the Company from the Buyer on any account.
6.3 Until ownership of the Goods has passed to the Buyer, the Buyer shall: (a) hold the Goods on a fiduciary basis as the Company´s bailee; (b) store the Goods (at no cost to the Company) separately from all other goods of the Buyer or any third party in such a way that they remain readily identifiable as the Company´s property; (c) not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and (d) maintain the Goods in satisfactory condition and keep them insured on the Company´s behalf for their full price against all risks to the reasonable satisfaction of the Company. On request the Buyer shall produce the policy of insurance to the Company.
6.4 The Buyer may not resell the Goods before ownership has passed to it.
6.5 The Buyer´s right to possession of the Goods shall terminate immediately if: (a) the Buyer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Buyer or notice of intention to appoint an administrator is given by the Buyer or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding-up of the Buyer or for the granting of an administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer; or (b) the Buyer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe or perform any of his/its obligations under the Contract or any other contract between the Company and the Buyer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Buyer ceases to trade; or (c) the Buyer encumbers or in any way charges any of the Goods.
6.6 The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Company.
6.7 The Buyer grants the Company, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Buyer´s right to possession has terminated, to recover them.
6.8 Where the Company is unable to determine whether any Goods are the goods in respect of which the Buyer´s right to possession has terminated, the Buyer shall be deemed to have sold all goods of the kind sold by the Company to the Buyer in the order in which they were invoiced to the Buyer. 6.9 On termination of the Contract, howsoever caused, the Company´s (but not the Buyer´s) rights contained in this condition 6 shall remain in effect.
7. RETURN OF GOODS
7.1 The Company will accept return of Goods at its discretion and without penalty to the Buyer only if: (a) The Goods were not supplied specially ordered or non-stock items, (b) The Goods are returned within 7 days of delivery, (c) The Goods are in re-sellable condition, (d) Full purchase documentation information is given, and (e) Signature of reciprocate/proof of return is obtained.
7.2 If the Goods are returned in accordance with Condition 7.1, but outside 7 days of delivery, the Company may apply a handling charge of up to 15% of the price of the Goods returned which will be levied from the credit document at the discretion of the Company.
7.3 Credit will not be given by the Company on any Goods returned by the Buyer on a transaction over 6 months prior to their return. These old Goods returned for credit will only be credited if the Goods are in a readily reconditionable condition in accordance with any manufacturer's guidance or conditions.
7.4 The return of the Goods will be the responsibility of the Buyer and will only be collected by the Company if or when further deliveries by its own transport are carried out to or nearby the collection point unless otherwise agreed by both parties.
7.5 Consumers may cancel any order placed (whether or not acknowledged), at any time, within 7 working days, beginning with the day after the day on which the Consumer receives the Goods, and receive a full refund of the price or any part thereof paid. To cancel any order, the Consumer must inform the Company of such cancellation in writing, return the Goods in their delivered condition immediately, and at the Consumer's sole cost and risk. Any statutory consumer rights are unaffected by these conditions. For the avoidance of doubt, this clause will not apply where the Goods have been made to measure, or created, altered or modified to accord with the Consumer's particular requirements.
8.1 Unless otherwise agreed by the Company in writing, the price for the Goods shall be the price set out in the Company´s price list published on the date of delivery or deemed delivery.
8.2 The price for the Goods shall be exclusive of any value added tax which is charged at the prevailing rate.
8.3 The cost of delivery will be determined by the size and shape of the Goods, the quantity ordered and their weight. The cost will be stated during the order process and visible on the final order before this can be submitted to the Company.
9.1 Subject to condition 9.4, payment of the price for the Goods is due in pounds sterling, and, unless otherwise agreed, will be payable on delivery of the Goods.
9.2 Time for payment shall be of the essence.
9.3 No payment shall be deemed to have been received until the Company has received cleared funds.
9.4 All payments payable to the Company under the Contract shall become due immediately on its termination despite any other provision.
9.5 The Buyer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Buyer.
9.6 If the Buyer fails to pay the Company any sum due pursuant to the Contract, the Buyer shall be liable to pay interest to the Company on such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of Lloyds Banking Group, accruing on a daily basis until payment is made, whether before or after any judgment. The Company reserves the right, at its sole discretion, to alternatively claim interest under the Late Payment of Commercial Debts (Interest) Act 1998, where applicable.
9.7 In the event that the Company incurs bank charges as a result of the Buyer's default (including, but without limitation, if a cheque is not honoured), all such charges will be payable by the Buyer.
10.1 Where the Company is not the manufacturer of the Goods, the Company shall endeavour to transfer to the Buyer the benefit of any warranty or guarantee given to the Company. The Buyer acknowledges that the warranty or guarantee period may vary between particular products.
10.2 The Company agrees to abide by the procedure as laid down in the Automotive Distribution Federation's code of practice prevailing at the time in question in respect of warranty and guarantee claims.
10.3 Notwithstanding the above, the Company shall not be liable for a breach of the warranty if: (a) the Buyer fails to give written notice of the defect to the Company within 5 working days of discovering the defect, and, if the defect is as a result of damage in transit, within 5 working days of the time when the Buyer discovers or ought to have discovered the defect; and (b) the Company is not given a reasonable opportunity after receiving the notice of examining such Goods and the Buyer (if asked to do so by the Company) fails to return such Goods to the Company's place of business for the examination to take place there.
10.4 Notwithstanding the above, the Company shall not be liable for a breach of the warranty if: (a) the Buyer makes any further use of such Goods after giving such notice; or (b) the defect arises because the Buyer failed to follow the Company´s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; or (c) the Buyer alters or repairs such Goods without the written consent of the Company.
10.5 If any of the Goods do not conform with the warranty, the Company shall, at its option, repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if the Company so requests, the Buyer shall return the Goods or the part of such Goods which is defective to the Company.
10.6 If the Company complies with condition 10.5, it shall have no further liability for a breach of the warranty in respect of such Goods.
11. LIMITATION OF LIABILITY
11.1 Subject to condition 4, condition 5 and condition 10, the following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of: (a) any breach of these conditions; (b) any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; and (c) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
11.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
11.3 Nothing in these conditions excludes or limits the liability of the Company: (a) for death or personal injury caused by the Company´s negligence; or (b) under section 2(3), Consumer Protection Act 1987; or (c) for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or (d) for fraud or fraudulent misrepresentation.
11.4 Subject to condition 10.2 and condition 10.3: (a) the Company´s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price, whichever is the greater; and (b) the Company shall not be liable to the Buyer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
12.1 The Company may assign or subcontract the Contract or any part of it to any person, firm or company.
12.2 The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.
13. FORCE MAJEURE
The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 90 days, the Buyer shall be entitled to give notice in writing to the Company to terminate the Contract.
14.1 Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
14.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
14.3 Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
14.4 Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
14.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
14.6 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
15.1 All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post: (a) (in case of communications to the Company) to Lymm Engine Components. Unit 5 Birch Court, Grosvenor Grange, Warrington, Cheshire. WA1 4GD or such changed address as shall be notified to the Buyer by the Company; or (b) (in the case of the communications to the Buyer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Buyer set out in any document which forms part of the Contract or such other address as shall be notified to the Company by the Buyer.
15.2 Communications shall be deemed to have been received: (a) if sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or (b) if delivered by hand, on the day of delivery; or (c) if sent by fax on a working day prior to 4.00 pm, at the time of transmission and otherwise on the next working day.