1. Definitions

 

"Buyer"  -  Customer

"Seller"  -  9 Apart Ltd

"Goods" - Means in the article or things or any of them described on the invoice

 

2. Buyer's Order

 

a)  These terms and conditions apply to all contacts of sale by the seller unless, varied by authorised representatives of the parties. The placing of an order for Goods (and/or services) herein and/or acceptance of such Goods (and/or) services shall be deemed to be in an order.

b)  These terms and conditions alone are the terms and conditions of the agreement between the aprties and supersede all prior dealings, negotiations, represntations or agreements whether writtem or oral expressed or implied. No variation of or addition to these terms and conditions shall be effective of the parties.

 

3. Warranty

 

a) New Goods

All New Goods carry their manufactures standard warranty.

 

b) Used Goods

All used Goods with the exception of excluded items listed in ii) shall carry a 30 day, from date of the Buyer Reciept, limited warranty.

i) Limiations to Warranty - 

The Sellers liability only goes so far as to the replacement of the Goods with the same or equivilant item or the refund of the amount paid. The decision to refund is at the discretion of the Seller.

Engines are only covered providing that all drive belts have been replaced with new O.E Specification items. All belt tensioners and idlers have been inspected and replaced as neccessary. New engine oil and filter to O.E specification has been installed in the engine.

All gearboxes must have new oil fitted to O.E specification.

No costs for labour or any other incurred costs what so ever will be covered.

Any Goods being claimed for must be presented to the Seller before a claim can be delt with.

ii) Excluded Goods - 

Any Goods used for Racing, Track day use or any form of Motor sport is expressly excluded.

All body glass including windscreens, rear windows, side windows, headlight glass and any lamp glass

All mirrors

Brake Pads, Clutches

All tyres

All exhaust components

Any Goods with evidence of damage caused by accident damage, incorrect fitment or incorect use.

Any Goods failing due to an associated sub system failure.

 

4. Deliver and Acceptance of Delivery

 

a) Suggested delivery times and promise of delivery anre made in good faith and every effore will be made to keep delivery times/dates given, but time and plave of delivery shall not be the essence of this contract and the seller shall not be liable for any loss caused through delay or failure to deliver.

b) Acceptance of Delivery - It is the responsibility of the Buyer to inspect the package on delivery. If any damage is evident the Buyer should reject the package or sign "DAMAGED". The Buyer mist be aware that any package signed for cannot retrospectively be claimed against if it is damaged. Once a package is signed for all transport liability ends.

c) If the Buyer fails to take delivery of the Goods or any part thereof at the time/date agreed for delivery then the Seller shall be entitled to cancel or suspend such delivery and all other outstanding deliveries and to charge the Buyer with loss suffered.

d)  Redelivery will be at the buyers expense.

 

5. Packing

 

a) The Goods will be packed by the seller prior to dispatch by a hired carrier. The cost unless otherwise stated is included in the carriage cost. This includes all materials used to package the goods.

b) The Seller shall not be liable for any damage or consequential loss of any kind whatsoever which may be caused to anu goods at any time prior to reciept by the Buyer arising out of the absence of packing or protection or out of inadequete or faulty packing when delivered by a hired carrier.

 

6. Return of Goods

 

a) No new. Special Order Goods can returned with out exception. All special order items are identified on the invoice with the code SO.

b) Goods may be returened for a refund. However where goods have been correctly supplied and are suitable for their purpose a restocking fee of 20% of the value of the goods will be applied. This excluded Specail Order Goods.

c) All returned goods must be in their original packaging and presented with a copy of the original invoice.

d) Any new part taht has been fitted cannot be returned for a refund.

e) No refund of carriage charges incured by the Buyer will be reimbursed for any returned Goods.

f) No return of electrical items allowed.

 

7. Exchange Goods

 

a) All goods returned for exchange under the refurbished Goods program are sent at the customers cost.

b) Exchange Goods that are damaged due to accident damage or maltreatment will not be accpeted for exchange. Where a surcharge has been applied this would not be refunded.

c) The decision to accpet goods for exchange in the Sellers and the Sellers decision is final..

d) All exchange goods must be presented with in 3 caldendar months from the date of dispatch from the Seller in the order to recieve a refund of the surcharge.

e) All surcharges are subject to VAT. All surcharge refunds have the VAT amount added.

f) All exchange goods must be returned with the surcharge Form sent with the refurbushed Goods.

 

8. Ownership

 

a) Ownership in the Goods will not pass to the buyer until the Buyer has paid the full price owing and all such other amounts arising under this or any other contract and on any account whatsoever to the Seller for all Goods supplied to the Buyer at any time and from the time of delivery until payment as aforesaid is made the goods shall be at the risk of the Buyer who shall be solely respinsible for their custody and maintenance as if he were th owner.

 

9. Consequential Loss

 

a) Not withstanding anything contained herein the Seller shall not be liable, under any circumstances for loss of profits, use of goodwill or for delay in delivery or for any direect or indirect or consequential loss of any kind whatsoever whether caused by negligence or otherwise, howsoever and all conditions and warranties whether expressed or implied are hereby excluded save only those by statue may not be excluded.