|Terms & Conditions|
1.Definitions in these conditions of sale
(a) The "Company" shall mean China Parts Ltd and its successors and assignees and will include any subsidiary, parent or other company which is associated with or affiliated with it. (b) The "Conditions" shall mean these Conditions of Sale.
(c) The "Purchaser" means the Company, Firm or Individual who buys or has agreed to buy goods.
(d) The "Quotation" shall mean any quotation addressed to the Purchaser by the Company including quoted products and prices published in any catalogue or promotional documentation provided by the Company.
(e) The "Goods" shall mean items of any nature that the Purchaser buys or has agreed to buy from the Company.
(f) The term "Liability Whatsoever" shall include, without prejudice to the generality of the expression all liability in tort, contract, breach of representation of implied warranty or condition or any other duty at common law or under the expressed terms of the contract including any liability for direct, indirect or consequential loss including but not limited to loss of profit or damage of any kind howsoever caused or arising. The said term will, however, not apply to liabilities in respect of death or personal injury.
(g) The "Company's Recommendations for Use" means the Company's recommendations for use (if any) contained in the Company's published literature current at the time of the quotation.
(h) "Special Orders" are such Goods that have been provided by the Company upon the specific specification and/or requirements of the Purchaser and which are not ordinarily provided by the Company or advertised by the Company.
1.1 Nothing in these Conditions shall exclude or restrict the Statutory Rights of a Purchaser who deals as a consumer within the meaning of the Unfair Contract Terms Act 1977 as amended.
1.2 Clause headings are for information only and shall not affect (nor be treated or interpreted so as to affect) construction of these Conditions.
(a) Unless otherwise agreed in writing between the parties acceptance of the Quotation must be communicated by the Purchaser to the Company within twenty eight days from the date of the Quotation in order to constitute a binding contract
(b) The placing of an order (whether orally or in writing) and whether or not based on a Quotation shall be deemed subject to the Conditions herein. All orders are accepted only upon the Company's terms and conditions of sale which shall prevail over any terms and conditions in the Purchaser's documentation which are inconsistent with those of the Company. The parties agree to be bound by the Company's terms and conditions subject to any written authorised variation, cancellation or waiver.
(c) No modification or amendment of the Conditions shall be binding upon the Company unless agreed to in writing by a duly authorised signatory on behalf of the Company.
(d) Unless otherwise agreed in writing all descriptions, specifications, drawings and particulars of weights and dimensions submitted by the Company or otherwise contained in the Company's catalogues, brochures, price lists or any other published matter are approximate only and do not form part of a contract or give rise to any independent or collateral liability whatsoever upon the part of the Company being intended merely to present a general idea of the Goods as described therein.
3. Reference Numbers Where makers' part numbers are quoted, these are for reference and description purposes only and for the avoidance of doubt does not mean that the parts referred to are genuine spare parts made for or used by any particular manufacturer.
4. Terms of Payment
(a) Unless otherwise agreed, the Purchaser will pay for all goods in advance of receipt by either pro forma invoice or by credit or debit charge card or by such other form of cleared funds as agreed by the Company.
(b) Where payment is made by cheque it shall not be deemed to have been made until the cheque has been honoured by the drawer's bank and cleared in the Company's bank account. (c) Where the Purchaser has a running account with the Company payment will become due thirty days after the receipt by the Purchaser of the Company's invoice. The Company reserves the right to charge interest at a rate of 2.5% per month or part thereof on all amounts unpaid by the due date and the Company shall be entitled to compound the same until payment in full has been received by the Company.
(d) Failure to pay the full price for any goods supplied to the Purchaser under these conditions will entitle the Company to refuse to make delivery of any further consignment of Goods under this contract.
(e) Payments received by the Company shall be applied first in settlement of any charge to interest or other costs or expenses howsoever invoiced or incurred by the Company and thereafter in settling the purchase price or principal sum or sums due to the Company.
(a) Unless otherwise stated the price of the Goods in respect of contracts for delivery in Great Britain excludes the cost of delivery. Any and all charges for VAT or other applicable taxes and duties and costs including costs of carriage as determined by the Company at date of dispatch shall be payable by the Purchaser to the Company.
(b) Currency is GBP £ Sterling
(c) The Purchaser shall not be entitled to make any deduction from the price of the Goods in respect of any set-off or counterclaim or indemnity or otherwise unless expressly agreed in writing by the Company.
(d) Unless otherwise stated there may be a discretionary charge up to £5 for manual entry retail telephone orders under £50 (inc vat)
(e) Unless otherwise stated in writing any Quotation is based on the current cost of materials, labour, transport, overheads and/or other charges and the price quoted is subject to fair adjustment reflecting any alteration in the cost of materials, labour, transport, overheads or other charges incurred by the Company during the period between the date of the Quotation and the date of dispatch.
6. Transfer of Property
(a) Legal and beneficial ownership of Goods shall remain with the Company until full payment for the Goods and/or other charges arising under these conditions has been made in full. The risk as to loss or damage of the said Goods shall, however, pass to the Purchaser upon delivery thereof. Until beneficial ownership of the said Goods passes the Purchaser shall keep the Goods free from any charge, lien or other encumbrance.
(b) The Purchaser accepts that until full payment of the purchase price and/or other charges arising under the conditions has been made for the said Goods the Goods are held by the Purchaser in a fiduciary relationship as bailee of the said Goods on behalf of Company.
(c) Whilst any payment in respect of the said Goods howsoever arising remains outstanding, the Company may require the said Goods to be returned to the Company.
(d) The Company's right to take legal action in respect of any outstanding sums in respect of the price of the Goods and/or other costs shall remain with the Company notwithstanding that beneficial ownership of the said Goods has not passed to the Purchaser.
(a) The Goods shall be at the Purchaser's risk from the occurrence of the first point of time of any of the following events:-
(I) The physical delivery of the Goods to the Purchaser
(ii) The physical delivery of the Goods to the Purchaser's carrier; or
(iii) The physical delivery of the Goods to the Purchaser's place of business or home or such other address as notified by the Purchaser to the Company.
(b) The Goods shall remain at the Purchaser's risk not withstanding any subsequent return or retaking of possession by the Company in accordance with these conditions.
(a) Unless otherwise stated in writing any time or date for the delivery shall run from the date on which acceptance of the order is communicated to the Purchaser. The Company aims to deliver all stock items within 3 working days UK Mainland and 10 working days for International orders which is intended as an estimate only and will not be a contractual obligation. Failure to deliver by any particular time or date will not entitle the Purchaser to cancel the contract nor shall the Company be liable for any loss or liability howsoever arising.
(b) The Company shall not be responsible for any delays caused by inclement weather, through its suppliers, human error or any other factor beyond its reasonable control. Without prejudice to the Company the following shall be regarded as forces beyond reasonable control:-
(1) an act of God, explosion, flood, tempest, fire or accident;
(2) war, threat of war, sabotage, insurrection, civil disturbance or requisition;
(3) acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any government, parliamentary or local authority;
(4) import or export regulations or embargo;
(5) strikes, lock outs or other industrial actions or trade disputes;
(6) difficulties in obtaining raw material, labour, fuel, parts or machinery;
(7) power failure or breakdown of machinery;
(8) failure by the Purchaser to collect Goods or to provide safe and/or adequate storage conditions on site.
(c) Delivery of the Goods shall be deemed to have taken place upon the first point in time of any events specified in Conditions 7(a) above. Signature of any delivery note by an agent, employee or representative of the Purchaser or by any independent person shall be conclusive proof of delivery of the Goods.
(d) Without prejudice to any rights of the Company hereunder, if the Purchaser shall fail to give on or before the agreed date for delivery all instructions reasonably required by the Company and all necessary documents, licences, consents and authorities (which the Purchaser is obliged under the Conditions or by law to obtain) for forwarding the Goods or shall otherwise cause or request delay, the Purchaser shall pay to the Company all costs and expenses incurred arising from such delay.
(e) Unless otherwise stated in writing the Company shall be entitled to make partial delivery or deliveries by installments and if requested by the Purchaser to arrange carriage, to determine the route and manner of delivery of the Goods at their own discretion and shall be deemed to have the Purchaser's authority to make such contract or agreement with any carrier as to the Company may seem reasonable and prudent. If the said route involves sea transit the Company shall not be obliged to give the Purchaser any specific notice. The Company will, however, at the request of the Purchaser and at the Purchaser's expense, arrange marine insurance of the Goods and report shipment of the Goods to the insurers.
(F) No title of any goods, materials or work done (including, for the avoidance of doubt, any intellectual property rights including copyright) shall pass to the Purchaser from the Company until payment in full has been received by the Company of the purchase price and any related costs or charges applying in accordance with these conditions.
The Company offers a 30 day returns policy to all retail customers as detailed in other parts of the product catalogue. The Purchaser must return the product(s) within 30 days of delivery with proof of purchase. The Company will refund the Purchaser in full including original postage. The product must be in the condition in which it was delivered and where applicable, in the internal transparent packaging with unbroken seals and unused in any way. The Purchaser is responsible for return postage costs. Digital Download products & User Manuals, where The Company has provided information to the purchaser, may not be returned for refund. All downloaded documents are copyright China Parts Limited. The Purchasers statutory rights are not affected.
10. Cancellation - Special Orders
The Company shall be entitled to full indemnity for all costs, losses and expenses incurred upon the Purchaser canceling any special order which the Company has accepted. Special Orders accepted by the Company may not be cancelled by the Purchaser without the Company's prior written consent and in the event of such consent being given the Company reserves the right to charge a cancellation fee as a condition thereof. Special Order Goods may not be returned after dispatch by the Company to the Purchaser without the prior written consent of the Company and in the event of the Company giving such consent (subject to the Goods not having deteriorated, depreciated or have been damaged) the Company reserves the right as a condition of such consent to charge a restocking fee equivalent to 20% of the purchase of the Goods.
The Company will arrange carriage of Goods if requested to do so by the Purchaser. However, the Purchaser is entitled to collect or arrange their own carriage at a time suitable to the Company. If requested by the Purchaser, the Company will endeavour to meet special delivery requirements subject to any additional costs being incurred thereby being borne by the Purchaser.
If an unsuitable carriage option is selected at check out, the Company reserves the right to amend to the correct charge without notice to the customer.
12. Changes required by the Purchaser causing loss or expense to the Company
All and/or any losses, costs or charges incurred by the Company due to changes required or made by the Purchaser in respect of materials, design, quality or delivery from those set out in the acceptance of the Order shall be immediately payable to the Company by the Purchaser and the Company will be under no liability in respect of any defects in the goods arising from any drawing, plan, design or specifications supplied by the Purchaser or their failure to meet any purpose or requirement of the Purchaser unless such purpose or requirement was made known to the Company at the time the Purchaser placed the order for such Goods and was agreed in writing by the Company.
13. Force Majeure
Notwithstanding any other provisions contained in these conditions should the manufacture, processing, supply or dispatch of the whole or any part of the Goods contracted for be prevented or hindered by any cause or causes whatsoever beyond the Company's reasonable control the Company shall be entitled at its sole discretion to cancel the contract or to postpone or suspend any delivery or deliveries under the contract until such time as the Company have deemed such cause or causes have ceased to operate. The Company shall not be under any liability to the Purchaser in respect of any such cancellation, postponement or suspension in respect of any matters beyond its reasonable control including and without limiting the foregoing any acts of God, legislation, war, fire, flood, drought or other natural calamity, failure of power supply, lock out, strike or other action taken by employees of the Company or any of the Company's suppliers or carriers or sub-contractors in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract or arising from any government act which directly or indirectly interrupt, prevent or hinder the due performance of the said contract.
14. Indemnity against infringement of industrial property rights
The Purchaser will fully indemnify and hold the Company harmless against any claim or liability in respect of any infringement or alleged infringement of any patent, trademark, registered design or any other like claim resulting from compliance with the Purchaser's instructions either expressed or implied.
15. Data Protection
We may be required to hold personal information provided by you and other information relating to you. We do not share your information with any third parties.