Terms and Conditions for Aftersales Service
Nothing contained in these Terms and Conditions will affect or restrict is intended to affect or
restrict statutory rights of a consumer.
1. Definitions and Interpretation
1.1 In these terms unless the context shall require otherwise
1.1.1 ‘Company’ means Dronsfields Mercedes Ltd (Company Number 05371910) whose registered office is at Parkgates, Bury New Road, Prestwich, Manchester, M25 0JW;
1.1.2 ‘Completion’ means in the case of a contract for Work, the date of the Company’s
notice to the Customer that Work has been completed or, in the case of a Contract for the supply of Goods, the date those Goods are supplied;
1.1.3 ‘Contract’ means the contract between the Company and the Customer for the sale of
supply of Work and /or Goods;
1.1.4 ‘Customer’ means the person, firm or company at whose request the Work is to be
performed of Goods supplied;
1.1.5 ‘Estimate’ means an estimate in writing given by the Company to the Customer;
1.1.6 ‘Genuine Parts’ means vehicle parts manufactured by or for the Manufacturer;
1.1.7 ‘Goods’ means any goods or replacement goods to be supplied by the Company under the Contract whether or not supplied in conjunction with Work;
1.1.8 ‘Manufacturer’ means in respect of a Vehicle, the manufacturer of the Vehicle;
1.1.9 ‘Order’ means the instructions written of otherwise received by the Company from
the Customer for Work to be done or Goods to be supplied;
1.1.10 ‘Price’ means the price of the Goods and/or the charge for the Work payable by the
Customer to the Company;
1.1.11 ‘Vehicle’ means a vehicle delivered to the Company as bailee upon which the
Customer has requested the Company to carry out Work or provide an estimate of Work;
1.1.12 ‘Work’ means any works to be performed on a Vehicle at the Customer’s request
whether by way of repairs, servicing, fitting, modification or otherwise; and
1.1.13 ‘Working Days’ means all days other than Saturdays, Sundays and public holidays:
1.2 These Conditions shall apply to all contracts for the sale of Goods and all Contracts for Work by the Company to the Customer to the exclusion of all other terms and conditions including any terms or conditions which the Customer may purport to apply including any purchase order, confirmation of order or similar document.
1.3 All orders for Goods shall be deemed to be an offer by the Customer to purchase Goods pursuant to these Conditions.
1.4 These Conditions constitute the only terms of the Contract and no amendment , addition or variation to these Conditions (including any special terms and conditions agreed between the parties)shall be effective unless agreed in writing by an authorised representative of the Company.
1.5 Headings are for convenience only and shall not affect the construction of these terms: the masculine shall include all genders and the singular shall include the plural: any reference to statutory provisions is a reference to such statutory provisions as amended or re-enacted from time to time.
1.6 Any typographical, clerical or other error or omission in any Estimate, Order acknowledgement of Order, invoice or order document issued by the Company shall be subject to correction without liability on the part of the Company.
2. Prices and Variation
2.1 Prices stated in any Estimate or communicated to the Customer are based on the prices current at the date of the Estimate or communication (as the case may be). The Price is exclusive of VAT which shall be due at the rate ruling on the sate of the Company’s invoice.
2.2 The Company reserves the right to vary the Price by any attribution to a change of the Customer’s instructions or any variation in cost to the Company of goods, materials and or labour required for the performance of the Contract and taxes or any other costs whatsoever between the date of the Contract and the date of Completion or payment (whichever is the later).
2.3 If prior to completion of Work and/or delivery of Goods the Price increases in accordance with Condition 2.2 by more than 5% (or such other figure as specified by the Company) the Company will notify the Customer of the amount of the increase the Company intends to pass on to the Customer and the Customer may by express instruction in writing cancel the Contract and pay to the Company the Price for Works carried out and/or Goods delivered in whole or in part up to the time of receipt by the Company of such notice of cancellation.
2.4 The Contract may not be varied without the express consent in writing of an authorised representative of the Company. Any variations so agreed shall not constitute a new contract, but shall be deemed to be an amendment of this Contract.
3. The Goods
3.1 The quantity and description of the Goods shall be as set out in the Company’s quotation.
3.2 Any application lists, catalogues or advice provided by the Company as part of their sale service is as accurate as possible. In all instances the Customer is to ensure that the Goods supplied are the correct goods.
4. Completion and Payment
4.1 Unless otherwise expressly agreed in writing by an authorised representative of the Company:
4.1.1 delivery of Goods shall be at the Company’s premises stated overleaf:
4.1.2 payment of the Price and VAT shall be in cash or by credit card or by cheque. All account customers unless by prior agreement with the Company will pay within 30 days from the date of the invoice. Time for payment shall be of the essence.
4.2 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at the rate of 2% per annum above the base rate of The Royal Bank of Scotland plc from time to time in force and shall accrue at such a rate after as well as before any judgement.
4.3 The Company may at any time and at its absolute discretion appropriate any payment by the Customer to such outstanding debt as the Company thinks fit notwithstanding any purported appropriation to the contrary by the Customer:
4.4 The Company reserves the right at any time to set off any sum payable by the Company under this or any other agreement between the Company and the Customer and any sum payable by the Customer to the Company under the Contract.
4.5 The Company reserves the right at any time and at its absolute discretion to demand security for payment before continuing performance of an Order:
4.8 Without prejudice to the provisions of Condition 4.2 and to the Company’s other rights and remedies for breach of contract or otherwise, the Company reserves the right to make a single late-payment charge to cover the Company’s administrative expenses of recovery (up to but not including issue of proceedings). Such charge shall be added to and form part of the Price if the Customer does not make payment in full for the Goods or Work on or before the due date in accordance with this Condition. The amount of such charge shall be calculated at 2.5% of the total invoice Price and shall be shown as a separate item or the invoice to the Customer but payable only in the event of late payment:
4.9 Subject to Clause 9 no Order which has been accepted by the Company may be cancelled by the Customer except with the consent of the Company and on terms that the Customer indemnifies the Company in full against all reasonable loss (including, without limitation, loss of profits), costs, damages, charges and/or expenses incurred by the Company as a result of cancellation.
5. Delivery of the Goods
The Customer shall inspect the Goods on delivery and shall within 24 hours of delivery
notify the Company of any alleged defect, shortage in quantity, damage or failure to comply
with description or sample. The Customer shall afford the Company an opportunity to inspect
the Goods within a reasonable time following delivery any before any use is made of them. If
the Customer fails to comply with these provisions the Goods shall be conclusively presumed
to be in accordance with the Contract and free from any defect which would be apparent on
reasonable examination of the Goods and the Customer shall be deemed to have accepted the
Goods.
6. Acceptance of Goods
6.1 The Customer shall be deemed to have accepted the Goods 24 hours after delivery to the Customer.
6.2 After acceptance the Customer shall not be entitled to reject Goods which are not in accordance with the Contract.
7. Title and Risk
7.1 The Goods shall be at the Customer’s risk as from delivery.
7.2 In spite of delivery having been made property in the Goods shall not pass from the Company until:
7.2.1 the Customer shall have paid the Price plus VAT in full; and
7.2.1 no other sums whatever shall be due from the Customer to the Company
7.3 Until property in the Goods passes to the Customer in accordance with clause 7.2 the Customer shall hold the Goods and each of them on a fiduciary basis as bailee for the Company. The Customer shall store the Goods (at no cost to the Company) separately from all other goods in its possession and marked in such a way that they are clearly identified as the Company’s property.
7.4 Notwithstanding that the Goods (or any of them) remain the property of the Company the Customer may not sell or use or dispose the Goods in any way or incorporate the goods into any machinery, production line or process until the Company has received full payment of the Price plus VAT.
7.5 The Company shall be entitled to recover the Price plus VAT notwithstanding that the property in any of the Goods has not passed from the Company.
7.6 Until such time as property in the Goods passes from the Company the Customer shall upon request deliver up the Goods. If the Customer fails to do so the Company or any agent of the Company may enter upon any premises owned occupied or controlled by the Customer where the Goods are situated and repossess the Goods.
7.7 The Customer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods which are the property of the Company. Without prejudice to the other rights of the Company, if the Customer does so all sums whatever owing by the Customer to the Company shall forthwith become due and payable.
7.8 The Customer shall insure and keep insured the Goods to the full Price against all risks to the reasonable satisfaction of the Company until the date that property in the Goods passes from the Company, and shall whenever requested by the Company produce a copy of the policy of insurance. Without prejudice to the other rights of the Company, if the Customer fails to do so all sums whatever owing by the Customer to the Company shall forthwith become due and payable.
7.9 The Customer will at their own expense maintain the Goods to the satisfaction of the Company until title in the Goods passes to the Customer.
7.10 The Customer will remain liable to the Company for any expense incurred by the Company in recovery and resale of the Goods.
8. Loss or Damage
8.1 The Company is only responsible for loss of or damage to any Vehicle or its accessories or contents caused by the negligence of the Company or its employees. .
8.2 Notwithstanding Clause 8.1 the Customer is strongly advised before delivering the Vehicle to the Company to remove from the Vehicle any items of personal property not related to the Vehicle. The Company shall not be liable for loss or damage to any such item remaining in the Vehicle.
8.3 Where the Customer rejects any Goods then the Customer shall have no further rights whatever in respect of the supply to the Customer of such Goods or the failure by the Company to supply the Goods which conform to the Order.
8.4 Where the Customer accepts or has been deemed to have accepted any Goods then the Company shall have no liability whatever to the Customer in respect of those Goods.
8.5 The Company shall not be liable to the Customer for later delivery or short delivery of the Goods.
8.6 The Company shall be under no liability whatever to the Buyer for any indirect loss and expense (including loss of profit) suffered by the Customer arising out of a breach by the Seller of this contract.
8.7 In the event of any breach of this contract by the Company the remedies of the Customer shall be limited to damages. Under no circumstances shall the liability of the Seller exceed the Price of the Goods or value of the Work.
9. Cancellation
9.1 In the event the Customer is acting as a consumer in a distance contract as defined by the Consumer Protection (Distance Selling Regulations) 2000 - the Customer may cancel the Contract within seven days of the Contract and receive a refund of the Price.
9.2 In the event the Contract is cancelled in accordance with Condition 9.2 the Customer is under a duty to retain possession of, take good care of and following cancellation return the Goods to the Company: -
9.2.1 in a reasonable condition within 21 days of the cancellation of the Contract
9.2.2 pay to the Company any reasonable costs incurred by the Company in recovering the Goods
9.2.3 the cost of any damage to the Goods damaged in transport; and
9.2.4 the difference, if any, between the value of the Goods when so returned and the Price:
9.3 The Company will issue the Customer with a credit note for any order of Goods cancelled within the permitted cancellation period permitted under this contract.
10. Returned Goods
10.1 Subject to Clause 9, the Company may (at its absolute discretion) agree to rescind the Contract to the extent that it is for the supply of Goods and accept return of Goods upon the following conditions:
10.1.1 the Goods were not specially ordered from the manufacturer or supplier for the Customer ;
10.1.2 the Customer returns the Goods in good condition within five (5) Working Days after delivery;
10.1.3 the Customer produces the original invoice for the Goods; and
10.1.4 the Customer pays the Company’s current handling charges for returned Goods:
10.2 Any order correctly supplied by the Company that is retuned by the Customer due to the Customer placing an incorrect order shall be subject to a minimum handling charge of 35% of the value of the order.
10.3 The Customer is not entitled to return any electrical item ordered from the Company.
10.4 The Customer must pay all carriage for any item returned to the Company with the correct documentation.
10.5 Where the Company has supplied the Customer with Goods that are defective the Customer should notify the Company within 7 days of the defect becoming apparent. The Company will seek to correct the fault at its absolute discretion.
10.6 The Customer must report any fault or defective part to the Company in the first instance and afford the Company the opportunity to replace the defective part. The Company will not be liable to the Customer for any costs or amounts over and above the value of the part incurred by the Customer in having the part replaced if the Customer instructs a third party and not the Company to replace the part.
11. Guarantee
All products are supplied with a manufacturers guarantee for three months. The Customer shall be entitled to a refund or replacement of any item that is defective during the guarantee period..
12. Force majeure
The Company will not be liable for any default due to any act of God, war, civil disturbance, malicious damage, strike, lockout, industrial action, fire, flood, drought, extreme weather conditions, compliance with any law or governmental order, rule, regulation, direction or other circumstance beyond the reasonable control of the Company.
13. Proper law of contract
This Agreement is subject to the law of England and Wales.
