2.We do not liaise with third parties; however we may liaise with garages or mechanics at our discretion.
3.All orders aim to be dispatched and delivered within 5-7 working days, but in exceptional circumstances this process may take up longer.
4.Any order which is cancelled by the customer, before delivery of the correct and working product, is subject to a 25% handling charge and at the CUSTOMER'S EXPENSE. This is 25% of total charge including delivery and VAT. A handling charge of 25% of the total price will also be made on parts that have been correctly supplied, but are no longer required. These parts must be returned within seven days of receiving the product. Any cancellation must be done by email, post or fax by the card holder.
5.Once card details have been given, this is a confirmation of the order. This paperwork is for secondary reference. Any cancellations after this point will be subject to conditions covered in item 4.
6.The Terms & Conditions and the proforma invoice are for the customer's information only.
7.No product can be dispatched until all pages of the Terms & Conditions and the proforma invoice have been received, correctly signed by the cardholder and returned.
8.All contact after the product has been delivered, whether by telephone, fax, email, or post, must include an invoice number and date of purchase along with original reference number quoted. If there is an issue with any product, a full diagnostic report is required. This must be done on a company's official paper.
9.Any damage must be reported on receipt of engine and before signing for it. If the product has been signed for in good condition we do not accept any liability for damage caused after leaving our premises.
10.The Warranty period is shown on your receipt; the receipt forms part of your warranty and is therefore required for any claims.
11.Where new parts have been supplied, the benefits of the manufacturers warranty apply along with their conditions of sale. Our company only acts as an agent for these goods.
12. Engines are supplied as block, head, sump, injectors & pump, unless otherwise stated. We do not provide basic ancillaries.
13.The Warranty does not cover failure caused by overheating misuse, negligence, accident, alteration, incorrect or non-recommended application and damage caused by incorrect specification or levels of oils and fluids, coolants and anti-freeze.
14.This company uses tamper proof devices and markings. In addition heat sensitive tabs are used on engines and cylinder heads. If the tab is melted, missing or damaged, or markings have clearly been broken, warranty is void. The Company must be contacted before any part of the product supplied is removed or altered.
15.Any Installation of an engine or gearbox should be done by a qualified mechanic, unless approval has been given in writing, by ourselves. Our warranty does not cover damage or fault caused by improper or incompetent installation of the product.
16.If an engine is replaced under the terms of this warranty, the replacement engine will be covered for the balance of the original warranty.
17.You must check your item at the time of collection or delivery before signing for the goods. If you are unhappy for any reason you must refuse delivery/collection. Once the item is in your possession the transaction is then complete, so we cannot claim for damage in transit and therefore cannot offer a refund on damaged goods from that point on as per item 9.
18.Any Quoted mileage is not guaranteed as this comes from a speedometer head reading which is provided by the insurance companies.
19. We reserve the right, at all times, to send a like for like replacement for the one quoted if we feel it benefits the customer.
20.This signed paperwork is confirmation of the part you require. It is the customers responsibility to check any codes provided. If this is different from your code we do not accept fault or liability for incorrect orders.
21.Cam belts, timing belts, tensioners must be replaced before installation. Failure to do so will cause the warranty to be void under improper installation, as per item 15.
22.Where a part has been fitted by a recognised mechanic, we will require a copy of the mechanics installation proceedure. If you cannot provide sufficient paperwork as evidence of installation, we cannot provide our warranty.
23.We reserve the right to examine engines for any alleged fault whilst the unit is still fitted to the vehicle.
24.If a Warranty claim is found to be valid we reserve the right to either repair or replace the unit within 30 days or refund the purchase price only on return of the unit to ourselves.
25.Any merchandise or invoice marked "as is"/"as seen" will void this certificate of limited warranty. This means No Warranty - No Refund.
26.It is the responsibility of the customer or installation mechanic to ensure that all joints, seals, hoses and plugs fit/join, and are securely fastened. That the cooling system is functioning without leaks and blockages, and that a new oil filter and oil are installed. Note; oil must be as recommended by manufacturer.
27.This Warranty only covers the main item(s) as described on the invoice i.e. When left attached to for example an engine, this warranty does not cover for water pump, fuel pump, diesel pump, carburetor, distributor, computers, switches, manifolds, injectors, clutch, rear main oil seals, driveshaft, transmission seals, gaskets etc. This does not exclude other parts not in this list. Once the exchange unit has been returned this is an agreement the engine supplied is in good working order and we cannot provide replacement parts from the exchange.
28.If we happen to supply a part which turns out to be incorrect or faulty, we reserve the right to provide a correct replacement part within 30 days. If we cannot supply this replacement within 30 days you are entitled to a refund.
29.Transmissions are warranted to be in good working order against slippage, shifting failures or excessive noise.
28.Back axles are guaranteed to work properly, bearings are guaranteed free from excessive noise at time of purchase. Where left attached, brakes, suspension bushes are not covered as per paragraph 24.
30.All engines are warranted against cracked cylinder blocks or head, excessively worn camshaft or crankshaft, excessive smoking, and to be running order unless otherwise stated.
31.Cylinder heads are guaranteed against cracks only.
32.All warranty work must be done by a certified workshop and or permission to do work must be given by an authorised agent of ourselves. Any work carried out by someone other than as stated above, will cause the warranty to be void.
33.This Warranty is not transferable and does not cover damage if parts are used in connection with racing purposes or vehicles with racing equipment or damage by accident or misuse.
34.It is an understanding of both parties, that the parts supplied are to be used for normal road use. If the parts are fitted to specialist vehicles e.g. taxis, hire vehicles, prototypes, competition vehicles, etc. The Vendor should be notified at point of sale as this will invalidate & impair the terms of this warranty.
35.All warranty claims must be reported to an aftersales manager or manager within the stipulated period from date of purchase of this warranty to be valid.
36.All implied warranties are limited to the terms of the limited warranty, consequential or incidental damages are not covered under this warranty.
37.The Vendor accepts no responsibility for damage to the said part or any motor vehicle to which it is fitted or impaired performance caused by faulty or inefficient installation or subsequent damage caused by lack of maintenance or for any loss of use of a motor vehicle whilst a part is being returned for exchange.
38.Title to the goods shall remain with the Vendor until the full purchase price thereof has been paid and all monies duly cleared.
39.We do not assume responsibility for towing charges, lay-up time, telephone, loss due to downtime, cost and lodging, cost of vehicle use, inconvenience, car or truck rental, postage, carriage etc.
40.These terms of business are not intended to restrict or exclude any legal rights bestowed or implied by law or a customer's statutory rights under the Sales of Goods Act 1979 or the Unfair Contract Act 1977, or any amendment thereof.
41.We do not cover any labour cost under any circumstances.
42.Any return or Exchange engine must be completely drained of oil and water as considerable cleaning charges may amount. All parts returned by a courier must be correctly labelled and properly packed to avoid damage. Items not meeting these requirements WILL FORFIT SURCHARGE REFUND. Items returned for REFUND MUST HAVE A COPY OF THE INVOICE or a COVERING LETTER stating ORIGINAL INVOICE NUMBER. WARRANTIES COVER PARTS ONLY and only IF THE PARTS ARE FITTED BY A RECOGNISED INDEPENDENT SPECIALIST OR APPROVED DEALER. PLEASE NOTE ALL OUR PARTS ARE SECURITY MARKED.
In these Conditions:
Customer: shall mean the Customer whose particulars appear overleaf
Seller: shall mean the company as written above on the pro forma invoice
Goods: shall mean any Goods (or installment or part thereof) howsoever ordered by the Customer from the Seller
2. Basis of Sale
These Conditions of Sale together with such conditions as are to be implied by law form the entire agreement between the Customer and Seller and may only be varied in writing by an officer of the Seller. Any alleged verbal representations or collateral contracts shall be of no effect complying with the requirements of this clause.
3. Price of Goods
Prices quoted are exclusive of VAT + carriage, and remain valid for a period of 14 days.
4.1 Until a Credit Account has been opened by the Seller in favour of the Customer, payment is due in cash with order or against a pro-forma invoice.
4.2 Time of payment shall be of the essence. A Customer in whose favour a Credit Account has been opened must pay for the Goods on the 28th of the month following date of invoice ("the due date") or to any alternative terms agreed.
4.3 Where payment is not made by the due date, regardless of its other remedies, the Seller shall be entitled to charge interest. Interest will be calculated as per the "Late Payments of Commercial Debts Regulations 2002", and any amendments to said legislation thereafter.
4.4 If any payment is dishonoured or countermanded by the Customer, the Seller shall have the right to charge the Customer an administration fee.
5.1 Any delivery date quoted is in good faith, but the Seller shall not be responsible for any delay in delivery of the Goods howsoever caused. Time of delivery shall not be of the essence.
5.2 The Seller shall be entitled to make delivery by instalments, and to invoice the Customer separately for each instalment.
5.3 Any failure by the Customer to accept delivery (save upon such grounds for rejection as are specified in the law relating to the Sale of Goods) shall be deemed to be a breach of contract.
6. Risk and Title to the Goods
6.1 The Goods are at the risk of the Customer from the time of delivery.
6.2 Ownership of the Goods shall not pass to the Customer until the Seller has received in full (in cash or cleared funds; all sums due to it in respect of:
6.2.1 the Goods, and
6.2.2 all other sums which are or which become due to the Seller from the Company on any account.
6.3 Until ownership of the Goods has passed to the Customer, the Customer must:
6.3.1 hold the Goods on a fiduciary basis as the Seller's bailee.
6.3.2 store the Goods (at no cost to the Seller) separately from all other Goods of the Customer or any third party in such a way that they remain readily identifiable as the Seller's property;
6.3.3 not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods;
6.3.4 maintain the Goods in satisfactory condition insured on the Seller's behalf for their full price against all risks to the reasonable satisfaction of the Seller. On request the Customers shall produce the policy of insurance to the Seller; and 6.3.5 hold the proceeds of the insurance referred to in condition 6.3.4 on trust for the Seller and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
6.4 The Customer may resell the Goods before ownership has passed to it solely on the following conditions:6.4.1 any sale shall be effected in the ordinary course of the Customer's business at full market value and the Customer shall hold such part of the proceeds of sale as represent the amount owed by the Customer to the Seller on behalf of the Seller and the Customer shall account to the Seller accordingly; and 6.4.2 any such sale shall be a sale of the Seller's property on the Customer's own behalf and the Customer shall deal as principal when making such a sale.
6.5 The Customer's right to use, sell or have possession of the Goods shall terminate immediately if;6.5.1 the Customer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any Act 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 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 a resolution is passed or a petition presented to any court for the winding up of the Customer or for the granting of an administration order in respect of the Customer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Customer.
6.5.2 the Customer suffers or allows any execution, sequestration, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe/perform any of his/its obligations under these Conditions or any other contract between the Seller and the Customer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Customer ceases to trade; and/or 6.5.3 the Customer encumbers or in any way charges any of the Goods.
6.6 The Seller shall be entitled to recover payment or the Goods notwithstanding that ownership of any of the Goods has not passed from the Seller.
6.7 The Customer grants the Seller, 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 Customer's right to possession has terminated, to recover them.
7. Warranties and Liability
7.1.1 the Seller shall be under no liability in respect of any defect or lack of performance arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow Seller's instructions, or misuse, alteration or repair of the Goods without the Seller's approval;7.1.2 if the Goods are not of the Seller's manufacture, but ordered for the Customer from a 3rd party, the warranty shall be that manufacturer's warranty or such warranty as is implied by law, whichever shall be longest;7.1.3 the Seller shall be under no liability if the full purchase price for the Goods has not been paid by the due date,7.2 Where the Seller accepts a claim made by the Customer in respect of the Goods, the Customer's right shall be to a full or partial refund or replacement, the Seller's option. In no circumstances shall the Seller have any further liability, save nothing herein contained shall exclude any liability on the Seller for death or personal injury arising from the negligence of its employees or agents. In no other circumstances will the Seller be responsible for any consequential losses arising from the Goods or their delivery or late delivery.
8. Termination/Suspension. Without prejudice to any other right or remedy, the Seller shall be entitled to suspend forthwith further performance and/or terminate contractual relations with the Customer if the Customer is in breach of any of these Conditions.
9.1 If any term of these Conditions prove illegal or unenforceable in whole or part, such term shall be deemed excised from these conditions without effect upon the validity of the remainder of these Conditions.
9.2 These Conditions and the contract between the Customer and Seller shall be governed by the laws of England, and the English Courts shall have exclusive jurisdiction.