Terms & Conditions
K Motors Ltd. (trading as LRdirect.com)
1. INTERPRETATION
1.1 In these Conditions:
Company means K Motors Limited; Conditions means these standard terms and conditions of sale and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Customer and the Company; Contract means the Contract between the Customer and the Company for the sale and purchase of Goods; Customer means a business or a consumer (as the case may be) whose order for the Goods is accepted by the Company; Goods means the Goods (including any instalment of the Goods) which the Company is to supply in accordance with these Conditions; Part Number means the numeric or alphanumeric code used by the Company to identify a particular item on the website or otherwise; and Working Day means a weekday other than a Saturday when the clearing banks are open for business.
2. COMPLETE AGREEMENT
2.1 These Conditions shall govern the Contract to exclusion of any other terms and conditions between the Company and the Customer and no variation to the Contract or these Conditions (including the incorporation of the Customers standard terms and conditions of business) shall be binding upon the Company unless agreed in writing by the Company and signed by an authorised representative of the Company.
2.2 The Companys employees agents or representatives are not authorised to make any representations concerning the Goods unless such representations are confirmed in writing by an authorised representative of the Company.
2.3 Any typing clerical or other error or omission in any catalogue, sales literature, price list, despatch note, invoice or other documentation or any information issued by the Company (in whatever form and on whatever media) shall be subject to correction without any liability on the part of the Company.
3. CONTRACT
3.1 No order submitted by the Customer shall be deemed to be accepted by the Company until the Goods have been despatched by the Company.
3.2 The Customer shall be responsible for ensuring the accuracy of any order submitted by the Customer including confirming in writing or by facsimile or email any telephone orders and for giving the Company any necessary information relating to the Contract and delivery (as the case may be) within a sufficient time to enable the Company to deliver the Goods to the premises notified to the Company by the Customer.
3.3 Written confirmations of any telephone orders shall clearly indicate that they are only confirming earlier telephone orders and shall contain details of the Customers account number and purchase order number.
4. DESCRIPTIONS AND PRICES
4.1 Manufacturers Part Numbers are used for reference only, in order to help our Customers to identify the replacement parts that they require. The Company does not claim to represent or be an agent of Land Rover Ltd. in any capacity.
4.2 Where goods are supplied in Land Rover packaging, this does not necessarily mean that the goods have been supplied through an authorised parts agent of Land Rover Ltd. The Company does not state or otherwise imply that such goods carry any guarantee, warranty or other benefit normally offered by Land Rover Ltd. Any warranty provided by our suppliers is provided in accordance with the provisions of Clause 12.
4.3 The Customer is responsible for the correct ordering of Goods for their intended application and any Goods will be deemed to be identified solely by the Part Number. Further descriptions and photographs of Goods are provided for assistance and the Company will be responsible for the correct supply of goods based solely upon the Part Number stated by the Customer. This condition applies whether parts are ordered via the web site, in writing, by telephone, fax, by email or in person.
4.4 The price of the Goods shall either be the price payable for the Goods at the time of acceptance of the Customers order in accordance with the provisions of Clause 3.1 or in cases where the Customer has paid for the Goods by credit card or cheque and payment has cleared the price paid for the Goods by the Customer at the time when payment cleared subject to the Company reserving the right by giving notice in writing or by email to the Customer at any time before delivery to increase the price of the Goods to reflect any increase in the cost of the Goods to the Company which is due to any matters beyond the Companys reasonable control including (without limitation) any increase in manufacturing costs, Value Added Tax (VAT), transport costs, carriage, postage and packaging and any other applicable duties and taxes.
4.5 All prices stated in any of the Companys web site, catalogue, sales literature, price lists or other documentation (issued by the Company from time to time in whatever form and on whatever media) may be altered by the Company at any time without giving notice to the Customer.
4.6 The price for any Goods quoted in any catalogues sales literature or price lists is exclusive of any carriage, postage and packaging and any duties taxes and other applicable charges in relation to the Goods which the Customer shall additionally be liable to pay to the Company.
4.7 The price for the Goods stated in any invoice shall be exclusive of VAT. The VAT payable/paid on the total of the goods will also be shown where applicable.
4.8 The Customer shall be liable for any reasonable costs incurred by the Company in the event of variation or suspension of any order by the Customer.
5. TERMS OF PAYMENT
5.1 Subject to any other provisions in these Conditions all invoices shall be paid by the Customer within thirty days of the date of the Companys invoice.
5.2 The time of payment of any invoice shall be of the essence of the Contract and receipts for payment shall be issued to the Customer only upon request.
5.3 Non-account customers are required to pay the Company for all orders for Goods in full by debit card ,credit card, cheque or cash and the Goods in question shall only be despatched to, or made available for collection by, the Customer (in the case of any method of payment) when the Company is satisfied that the payments in question have cleared.
5.4 If the Company has agreed the Customer may have a credit account, the Customer must pay all invoices on a Nett Monthly account basis. This means that all invoices raised in a particular month, less any credits applied, must be paid by the last Working Day of the subsequent month.
5.5 If the Customer fails to make any payment on the due date then (without prejudice to any other rights or remedies the Company may have) the Company shall be entitled to:
5.5.1 cancel the Contract, suspend the credit account, suspend any further deliveries to the Customer; and
5.5.2 charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 on a day to day basis on all overdue sums owing to it under these Conditions at the rate of 4 per cent over the base rate of the Yorkshire Bank Plc from time to time and interest shall be calculated from the date the sums in question were payable to the date on which payment is made in full whether before or after judgment.
6. CREDIT
6.1 The Company may at its discretion offer the Customer credit and in cases where credit is offered to the Customer payment shall be made by the Customer in accordance with the provisions of Clause 5.1.
6.2 Credit shall be offered to the Customer subject to the Company being satisfied as to the Customers credit worthiness and the Customer acknowledges that the Company may carry out status enquiry checks on the Customer and the Company may at any time at its option withhold despatching any of the Goods to the Customer until such time as the credit worthiness of the Customer has been approved or the Customer has provided sufficient security to the Company or the Customer has made payment in full for the Goods in question and failure to provide sufficient security or to make payment in full for the Goods shall entitle the Company at its discretion to suspend despatching any Goods or cancel the Contract without the Company incurring any liability to the Customer.
7. AVAILABILITY & DELIVERY
7.1 In exceptional circumstances, goods which are shown to be in stock on our website may in fact not be available for sale. Due to occasional system errors, product recalls and warehousing or delivery problems or losses, goods may not be ready for immediate or subsequent delivery. If you have ordered such goods we will notify you by email as soon as possible and modify or cancel your order for you. Any applicable refund will be effected once we have received your further instructions on the matter.
7.2 The Company shall deliver the Goods to any premises (whether in the United Kingdom or in any other country) notified to the Company by the Customer and for the avoidance of doubt the Customer shall be liable for any costs incurred by the Company in relation to carriage postage and packing and any other applicable duties taxes and charges.
7.3 The Company shall use its reasonable endeavours to deliver the Goods to the premises stated by the Customer by any delivery date estimated by the Company and for the avoidance of doubt the Customer acknowledges that the delivery date is not guaranteed or of the essence of the Contract and that the Company shall in no circumstances be liable to the Customer for any losses, damages or charges incurred by the Customer due to the late delivery of the Goods.
7.4 Goods delivered to the Customer shall be deemed accepted by the Customer and the Customer shall inspect the Goods immediately upon delivery and in all cases shall inform the Company in writing within 5 (five) days of delivery of any damage, shortages or non delivery of the Goods.
7.5 Where the Goods are being purchased by a business for use in the business and delivered in instalments each delivery shall constitute a separate contract and failure by the Company to deliver one or more of the instalments in accordance with these Conditions or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the Contract as repudiated.
7.6 If the Customer fails to take delivery of the Goods (or fails to give the Company adequate delivery instructions at the time stated for delivery otherwise than by reason of any cause beyond the Customers reasonable control or by reason of the Companys fault) then without prejudice to any other rights or remedies available to it the Company may:
7.6.2 sell the Goods at the best price readily obtainable (after deducting all reasonable storage and selling expenses) and charge the Customer any shortfall below the price obtained under the Contract.
8. RISK
8.1 Risk of damage to or loss of the Goods shall pass to the Customer:
8.1.1 in the case of Goods being collected by the Customer at the Companys premises after notification from the Company that the Goods are ready for collection, at the time when the Customer collects the Goods from the Companys premises; or
8.1.2 in the case of Goods which are not being collected by the Customer and which are being delivered to the Customers premises at the time of delivery, or if the Customer wrongfully fails to take delivery of the Goods, at the time when the Company has tendered delivery of the Goods to the Customer.
9. PROPERTY
9.1 Notwithstanding delivery and the passing of risk in the Goods the property in the Goods shall not pass to the Customer until the Company has received in cash or cleared funds, payment in full for the price of the Goods and all other Goods agreed to be sold by the Company to the Customer for which payment is then due. The Customer must return the Goods to the Company or allow the Company to repossess them if the Customers payment is dishonoured.
9.2 Until such time as property in the Goods passes to the Customer the Customer shall keep the Goods separate from the Customers Goods and those of any third parties and properly stored, protected and insured and identified as the Companys property.
9.3 Until such time as property in the Goods passes to the Customer the Company shall be entitled at any time to require the Customer to deliver up the Goods to the Company and if the Customer fails to do so immediately the Customer shall permit the Company its agents or representatives to enter upon the Customers premises or any premises of any third party where the Goods are stored and repossess the Goods.
9.4 Where the Customer has sold Goods or made an insurance claim in respect of Goods which are the property of the Company as stated in Clause 9.1, the proceeds of that sale or insurance claim shall be held on trust for the Company and paid to the Company within 7 days of being received by the Customer.
10. CANCELLATION
10.1 In regard to all orders other than those referred in Clauses 18.1 to 18.4, no order which has been accepted by the Company in accordance with the provisions of these Conditions may be cancelled by the Customer except with the agreement in writing of an authorised representative of the Company and on the terms that the Customer may be required to indemnify the Company in full for any costs, damages, losses charges and expenses (including any loss of profit) incurred by the Company as a result of the cancellation.
11. RETURNS POLICY
11.1 Goods are not sold on a trial basis. Where a Customer is not satisfied with Goods and / or does not want them, the Goods can only be returned to the Company if fully re-saleable and subject to a restocking charge of 15% of the purchase price of the Goods. In the event of such returns, the Customer acknowledges that it shall be liable for all reasonable costs incurred by the Company in relation to carriage, postage, and packaging and the Company shall invoice the Customer for any costs in question incurred and payment shall be made by the Customer in accordance with the provisions of Clause 5.1. The Company shall not refund monies for Goods which are not resaleable.
11.2 A RETURNS authorisation number must be obtained before any Goods can be returned to the Company, which number may be obtained by telephoning or emailing the Company. All repairs, replacements or refunds will be processed following receipt and inspection by our Returns department. The Goods must also be packaged in all their original packaging so as to ensure safe transit and ease of identification and be returned in their entirety. The manufacturers packaging must not be damaged or defaced. The Customer should attach a return address label to the outer brown cardboard box and return the Goods to the Company using an approved carrier in accordance with Clause 11.8. The Company shall refuse Goods returned without a Returns authorisation number
11.3 Where the Goods have been returned by the Customer as faulty or damaged in transit, they will either be tested upon receipt or returned to the manufacturer for testing, dependent upon the returns policy of the manufacturer. If no fault is found, the Goods will be returned to the Customer at the Customers expense.
11.4 In the case where it is established that Goods have been mistakenly or incorrectly supplied by the Company in accordance with the provisions of Clause 4.3, the Company will be responsible for supplying the correct Goods as soon as possible and at no extra delivery cost to the Customer.
11.5 In the case where it is established that Goods are faulty or defective in line with the individual manufacturers warranty, most warranty repairs will be carried out on a return-to-Company basis. All parts and labour charges will be waived but the Customer is responsible for ensuring that the Goods are returned to the Company in their original packaging ,or if this is not available, in a stout carton with cushioned packaging surrounding the entire product so as to ensure safe transit. In some instances the manufacturers warranty requires the Customer to contact the repair agent directly. If this is the case, the Customer will be so informed by the Companys customer service department.
11.6 Electronic parts or items containing electronic parts are not refundable under Clause 11.1. A refund is only applicable where the parts are found to be faulty due to being damaged on arrival or due a manufacturing defect. Furthermore, where the part has been fitted to a vehicle, however briefly, it is deemed to be a used part and not acceptable as a refundable item under any circumstances.
11.7 Goods that have been specially ordered from the manufacturer for the Customer are not refundable under Clause 11.1.
11.8 Where Goods have been delivered to an address outside the United Kingdom, the Company will not be liable for any carriage or shipping costs, whether this relates to the return of Goods or the sending out of replacements. This Clause applies irrespective of the reason for returning the Goods.
11.9 The Customer acknowledges that in all cases all Goods shall be returned to the Company using only a carrier approved by the Company and in cases where the Customer uses an unapproved carrier the Customer shall be liable for all costs losses damages or other charges incurred by the Company in relation to the use by the Customer of the unapproved carrier.
11.10 Risk in any Goods that the Customer is returning to the Company shall remain with the Customer until the Goods have been delivered to the Companys premises and accepted by the Company.
12. WARRANTIES AND LIABILITY
12.1 In cases where any of the Goods are covered by a manufacturers warranty, the Customer shall be responsible for contacting and returning any registration or warranty cards to the manufacturer in question and for the avoidance of doubt the Company shall not be held responsible for any acts of the manufacturer or its agents including (without limitation) any failure by the manufacturer to replace or repair any of the Goods in question which are the subject of the manufacturers warranty.
12.2 Subject as expressly provided for in these Conditions and except in cases where the Goods are sold to a person dealing as a consumer (as that term is defined in the Unfair Contract Terms Act 1977) all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
12.3 For the avoidance of doubt where Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976 the statutory rights of the Customer are not affected by these Conditions.
12.4 Except in respect of death or personal injury caused by the Companys negligence the Company shall not be liable to the Customer by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty in common law or under the express terms of the Contract for any indirect, special or consequential losses or damages (whether for loss of profit or otherwise) costs expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company, its employees, agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Customer and the entire liability of the Company under or in connection with the Contract shall not exceed the price paid for the Goods in question by the Customer.
13. INDEMNITY
13.1 The Customer undertakes to the Company that it will immediately indemnify the Company against all proceedings, costs, fees, expenses, payments, liabilities, losses and damages arising out of the breach or negligent performance by the Customer of any terms of the Contract.
14. FORCE MAJEURE
14.1 The Company shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Companys obligations in relation to the Goods, where the delay or failure was due to any cause beyond the Companys reasonable control and without prejudice to the generality of the foregoing the following shall be regarded (without limitation) as causes beyond the Companys reasonable control:
14.2.1 acts of God, explosion, flood, tempest, fire or accident;
14.2.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
14.2.3 Acts, restrictions, regulations, bye-laws or measures of any kind on the part of any governmental parliamentary or local authority;
14.2.4 import or export regulations or embargoes;
14.2.5 strikes, lockouts or other industrial actions or trade disputes (whether involving employees of the Company or of a third party);
14.2.6 difficulties in obtaining raw materials, labour, fuel, parts or machinery; and
14.2.7 power failure or breakdown in machinery.
15. INSOLVENCY OF CUSTOMER
15.1 This Clause applies if:
15.1.1 the Customer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
15.1.2 an encumbrancer takes possession, or a receiver is appointed over any of the property or assets of the Customer; or
15.1.3 the Customer ceases or threatens to cease to carry on business; or
15.1.4 the Company reasonably apprehends that any of the events mentioned above are about to occur in relation to the Customer and notifies the Customer accordingly.
15.2 If this Clause 15 applies then without prejudice to any other rights or remedies available to the Company the Company shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer and if the Goods have been delivered and not paid for the price of the Goods in question shall become immediately due and payable notwithstanding any previous agreement or arrangements to the contrary.
16. EXPORT OR IMPORT LICENCES
16.1 The Customer shall be responsible for obtaining all licences for the export or import of the Goods and for obtaining any other licences required for the delivery or sale of the Goods in the country of destination.
17. GENERAL
17.1 No waiver by the Company of any breach of Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provisions of these Conditions.
17.2 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
17.3 All notices served under these Conditions shall be in writing and shall be sent to the address of the recipient set out in the invoice (or to any later address in the United Kingdom notified for that purpose) and all notices delivered personally or sent by first class prepaid letter or by facsimile transmission shall be deemed to have been served:
17.3.2 on the second Working Day after posting if served by first class post; and
17.3.3 by delivery of the notice through the letter box of the party to be served and shall be treated and served on the first Working Day after delivery.
17.4 The Company reserves the right to amend these Conditions in respect of any promotion, offer or the like made or issued by the Company from time to time in relation to the Goods.
17.5 These Conditions shall be governed by and construed in accordance with the laws of England.
18. ADDITIONAL TERMS
18.1 The terms set out in this Clause 18 shall apply only to those persons who deal as a consumer as defined in the Consumer Protection (Distance Selling) Regulations 2000 (Regulations).
18.2 A consumer shall, subject to the terms set out in this Clause 18, have the right to cancel a Contract within 7 working days from the day after the date of delivery of the Goods by the Company to the consumer provided that he/she gives written notice of such cancellation in accordance with Clause 17.3.
18.3 If a consumer exercises his/her right to cancel a Contract pursuant to Clause 18.2, the Company shall, in accordance with the Regulations, reimburse any payment made by the consumer within 30 days from the day on which he/she gave such notice of cancellation, provided that the consumer shall not be entitled to a prepayment in the event that:-
18.3.1 he/she does not take reasonable care of the Goods either prior to cancellation of the Contract or, following cancellation, while the Goods remain in the possession of the consumer. For the purposes of this sub-clause 18.3, a consumer shall be deemed not to have taken reasonable care of the Goods if such Goods are not kept packed in their original box and the external packaging is defaced or damaged in any way.
18.4 Any Goods returned by a consumer pursuant to this Clause 18 shall be subject to a return charge of 10.00 plus VAT per Goods returned which represents the direct costs incurred by the Company for such return.
18.5 Terms and conditions for all repair and servicing work carried out by the Company are separate to the terms and conditions set out here and are made available to all. Please ask for a copy of TERMS AND CONDITIONS RELATING TO THE SERVICING AND REPAIR OF VEHICLES.
19 B-GRADE PRODUCTS
19.1 For the purposes of this Clause 19, a B-Grade product is deemed to be a product which is offered for sale by the Company on its web-site (or otherwise advertised) at a discounted price compared to its original cost where such product may have been previously used or opened, have items missing or have damaged packaging. In addition, some items may have been repaired.. The Company makes no warranty in relation to the accuracy of the described condition of the relevant B-grade product as set out on the web-site or otherwise. Such products are sold on an as is basis with no warranty or guarantee given by the Company.
19.2 These terms and conditions of sale, with the exception of Clause 11 and 12 (which shall not apply) shall apply to the sale of a B-grade product by the Company to a Customer.
19.3 For the purposes of this agreement and although supplied new, all recovery ropes and straps are supplied on an as is basis. No warranty or guarantee is given either by the Company or the manufacturer and they are supplied on the condition that they will be used at the Customers own risk.
24th June 2010
Errors and omissions excepted.
