Terms
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Terms and conditions of sales (these do not affect your rights as a customer (if applicable))
1. Definitions
The following words and expressions shall have the meaning set out opposite unless the context shall require otherwise: -
a. “Major Motors” Major Motor Services Ltd and or any associated subsidiary or group companies.
b. “Customer” means the person who buys or agreed to buy the products from Major Motors.
c. “Products” mean the goods or services supplied by Major Motors to the Customer.
d. “Third party parts” means all Ancillary parts owned by or supplied to the customer by third parties and which comprised part or all the products.
2. General
a. Any order for Products shall be deemed to be an offer by the Customer to purchase Products pursuant to these terms and conditions.
b. The contract between Major Motors and the Customer in respect of the Products comes into existence when Major Motors has accepted the Customer’s order in accordance with the terms and conditions herein.
c. These terms and conditions shall not be altered, modified or varied unless expressly agreed to in writing by Major Motors Director.
3. Price
a. All price lists, catalogues, advertising matter or similar materials issued by Major Motors are indicative only as to the price and range of products available from time to time.
b. The price shall be the price quoted by Major Motors at the time of the Customer placing the order and shall exclude delivery charges and V.A.T (which shall be due at the rate ruling on the date of Major Motors invoice). A total price including surcharges and V.A.T will be issued on completion of the Customer placing the order.
c. Major Motors reserves the right to amend quoted prices and delivery charges at any time prior to delivery.
4. Payments
a. The Customer shall pay the Price and any other sums due in respect of the Products prior to despatch.
b. Credit account invoices (unless otherwise agreed by Major Motors) shall be payable by the Customer within 30days of Major Motors invoice, in the events of late payment Major Motors reserves the right to charge interest on overdue amounts at an interest rate of 4% above the prevailing base rate of Natwest Bank Plc.
5. Delivery
a. Delivery times quoted are estimated only and time shall not be of the essence of the contract
b. Major Motors shall be entitled to deliver the Products in one or more consignments unless otherwise expressly agreed.
c. Delivery shall be deemed to take place when the Products arrive at the Customer’s premises.
d. All risk in the Products shall pass to the Customers or its appointed agents at the time of delivery.
6. Title
a. In split of delivery having been made title in the Products shall not be passed to the Customer until the Customer shall have paid all sums due to Major Motors.
b. Prior to the title to the Products passing to the Customer the customer shall hold the Products as fiduciary agent to Major Motors and shall keep the Products separate from any other goods properly stored, protected and insured and clearly identified and shall bear the cost thereof.
7. Returns
a. The Customer shall inspect the Products immediately on delivery and shall within 48 hours of delivery notify Major Motors of any damaged goods, defects or discrepancies in writing. The Customer shall be deemed to have accepted the Products if the Customer shall have removed the Products from their original Packaging.
b. Any physically damaged, discrepancy or unopened Products must be returned to Major Motors within 14 days of delivery. In circumstances where the Product manufacturer’s Terms and Conditions are more rigorous than those of Major Motors the Customer must, as Major Motors will be obliged to comply with those requirements.
c. Major Motors will make good by repair or replace at its option any Product, which under proper use are or become defective within a period of warrantee months from the date of the invoice.
d. Before returning any Products to Major Motors for whatever reasons a return authorisation number (“RMA”) must be obtained and the returns procedures and conditions detailed below must be followed. RMA numbers are valid for 14 days only.
e. An average of 15 working days should be allowed for replacement or an average of 25 working days should be allowed for repairs.
8. Limitations of liability
a. Except in respect of death or personal injury caused by Major Motors negligence, Major Motors liability whether in contract tort or otherwise in respect of any defect in the Products or for any breach of the Agreement or of any duty owed to the Customer in connection herewith shall be limited in the aggregate to the price of the products in question.
9. Proprietary rights
a. The Products are sold subject to the rights of any person whether in respect of any patent, trademark, registered design, copyright, confidential disclosure or otherwise to prevent or restrict the sale or use of the Product s in any part of the world and the Customer will in this respect accept such title to the Products as Major Motors may have.
b. The Customer hereby acknowledges their sole responsibility to comply with all terms and conditions of any licence attaching to Third Party goods and Services supplied and delivered by Major Motors. The Customer hereby acknowledges that failure to comply with such terms and conditions may result in the Customer being refused a licence or having the same revoked by the proprietary owner. The Customer hereby further agrees to indemnify Major Motors in respect of all costs, charges or expenses incurred by Major Motors as a result of any breach by the Customer of such conditions.
10. Export limitations
a. Certain Products supplied by Major Motors may have been purchased from outside United Kingdom under certain agreements, which restrict or forbid subsequent re exportation from the United Kingdom. The Customer will not export any Products supplied by Major Motors without first obtaining all appropriate approval from relevant authorities.
11. Waiver
a. The failure of Major Motors to enforce or to exercise at any time or for any period of time any right arising pursuant to this Agreement does not constitute and shall not be construed as a waiver of such term or right.
12. Force Majeure
a. Neither party shall be liable for any default due to any act of God, war, strike, lockout industrial action, fire, flood, drought, storm, or other event beyond the reasonable control of either party.
13. Notices
a. Any notice given under or pursuant to the contract may be sent by hand or by post or by registered post or by recorded delivery or transmitted by facsimile or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the face hereof or such other address as the party may by notice to the other have substituted therefore shall be deemed validly and effectively given on the day when in the ordinary course of the means of transmission it would first be received by the addressee in normal business hours.
14. Legal provisions
a. The construction, validity and performance of this Agreement are governed by the law of England/Wales and the parties submit to the non exclusive jurisdiction of the English courts.
15. Clause Headings
a. Clause headings are convenience only and do not form part of or affect interpretation of this Agreement.
a. First you must obtain a Return Authorisation number (“RMA”) number. For faulty or incomplete Products and all other Products please call our Customer Services Department on 029 2039 8873. In order to expedite returns some Products are referred to the manufacturer who will deal with the returns themselves.
b. We will only accept Products that are in "Returnable Conditions". For Products to be in a Returnable Condition they must be returned to us with all items included in the original packaging, manuals, ancillary items. For Products being returned for a refund the original product packaging must be also be returned in a suitable condition.
c. The Product must be adequately wrapped to prevent damage during transit with the Returns Number clearly marked on the outside of the package. It would help us speedily process your return if you also enclose a detailed note of the fault.
d. Send you package to: Major Motor Services Limited, City House, 64 Sloper Road, Cardiff. CF11-8AB
e. Major Motors does not accept liability for packages damaged during transit and proof of postage is not proof of delivery. You are therefore strongly advised to send your package by recorded delivery, registered post or courier and maintain sufficient insurance to cover the value of the goods. The cost of return carriage is to be borne by the Customer.
f. On receipt of the package the Product will be tested against the stated fault (if any). Tested Products found to be in full working order will be returned to the Customer.
g. Please Note: Your right to cancel does not extend to Business Customers or goods that are collected from our showroom. You have the right to return goods collected from our showroom within 7 working days, returns are subject to a 15% handling charge. With the exception of faulty items that are subject to a full refund or exchange.