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Conditions of Use

Power Steering Online TERMS AND CONDITIONS


GLOSSARY OF TERMS
The following terms and conditions of sale include expressions, which are qualified thus:
Seller-means Power Steering Direct Ltd
Buyer-means the person, firm or company who places the order with the Seller
“Goods/Products/components/units”-means the articles ordered by the Buyer
“Order”-means Buyers instructions to supply goods/products/components/units
“Quotation” – means verbal or written provisional offer of goods/product(s) made by the Seller subject to confirmation upon receipt of Buyers official purchase order.

1.TERMS AND CONDITIONS
The conditions of sale as set out bellow shall govern the terms of supply of goods by THE COMPANY (“the Seller”)
and shall take precedence over the Buyers terms of supply notwithstanding any provisions to the contrary contained in the Buyers terms and conditions of supply. The Sellers terms and conditions shall be deemed to have been agreed once work has commenced on the order.

2. QUOTATIONS AND ORDER ACCEPTANCES
Any Quotation by the Seller is an offer and may be with drawn or amended without notice. Any order given by the Buyer whether by reference to a quotation or otherwise, shall not be binding on the Seller until accepted by the Seller in writing.

3.PRICE
The Seller reserves the right to vary the price of the goods by notice to the Buyer given at any time before delivery if there is any increase in the price or cost of the goods to the Company by reason of any forgiven exchange fluctuations currency regulations alterations in duties of taxes, variations in the cost of raw materials or labour or utilities or transport by reason of any cause (whether or not of the same nature as the foregoing) beyond the control of the Seller. All prices quoted by the Company, unless by prior agreement are deemed ex-works.

4. CREDIT ACCOUNTS
Customers may request a credit account, which may be opened by furnishing the Seller with two satisfactory trade references, a bankers reference and a copy of the Buyer’s letterhead which details as a minimum their company registration and VAT numbers. The Seller will furnish a credit application form, which must be completed and signed by a responsible officer representing the Buyer’s company.

The Company, however reserves the right to ask for cash payment on or before delivery of goods/product whether or not a credit account has been opened for the Buyer. Buyer’s not having benefit of credit terms should send full payment with their orders.
If a trading account is suspended, discontinued or closed all monies outstanding to the Seller must be settled in full within 30 days of cessation of trading.

5. PAYMENT OF VALUE ADDED TAX
All goods and/or services sold by the company will be subject to VAT which will be charged at the applicable rate at date of goods/products invoice.
Where credit has been issued for goods/products returned to the company in accordance with these conditions of sale, credit for VAT on such goods/products will only be given in circumstances permitted by H.M Customs and Excise.

6. RETENTION OF TITLE
Property of the goods shall remain with the Seller until the earlier of:

  1. receipt by the Seller of payment in full or:
  2. resale by the Buyer in accordance with the last paragraph of this clause

So long as the property of the goods shall remain with the Seller, the goods shall be set aside from the Buyers general stock of goods and other property and shall be marked with an indication that they remain in the property of the Seller.
If the Buyer shall commit any breach of its obligation to the Seller including, without limitation, failure to pay any sum due to the company on or before the due date, the appointment of receiver to the Buyers business or the presentation of a petition of the whole or any part of the goods ( and for that purpose to go on to any premises occupied by the Buyer or any subsidiary, parent or associated company of the Buyer) which are subject to the value of all sums due to the Seller without prejudice to any other remedy of the Seller.
The Buyer shall be entitled to sell (as principal in relation to any sub-purchase but as an agent between the Seller and the Buyer) in the ordinary course of its business goods supplied by the Seller in respect of which payment has not been made provided such sale is made for the account of the Seller and that the Buyer holds any sum received or payable in respect of such sale in trust for the Seller until payment of the total contract price of the goods and any other payment due to the Seller from the Buyer have been duly made.

7. INSURANCE
The Buyer will be responsible for the cost of insurance cover to the full value of goods/product not paid for in full, where title has not passed under section 6 of these conditions. The Buyer indemnifies the Seller for the loss, damage to, or destruction of any goods where title still rests with the Seller. Any insurance monies payable under this clause should be made over or held in trust for the Seller subject to the relative insurance companies claims procedures.

8. SUB-CONTRACTING OF WORK
The Seller reserves the right to sub contract the whole or any part of work at their absolute discretion.

9. SUITABILITY OF GOODS/MATERIALS AND WARRANTY
The Seller warrants that at the time of shipment from the factory, the products shall be free of defects in material and/or workmanship, for 1 year (12 months) or 18,000 miles whichever is the soonest, except for taxis or hire vehicles wherein warranty is limited to thirty days (1 month). Product(s) belonging to the Buyer or their customers which are reconditioned or repaired by the Seller but not wholly manufactured by the Seller will be warranted for a period of six months from date of invoice (or as agreed in writing). In the event products do not comply with the above warranty and the Buyer gives written notice to the Seller within 30 days of such a non compliance, then after the Seller has examined and determined such products to be in fact defective, the Seller will at their own option either furnish a replacement for the part/unit or issue a credit for the original purchase price of the defective product(s) No return of the product(s) claimed, will be accepted without prior authorisation by the Seller, any claim must be accompanied by the Sellers original invoice number and duly completed warranty claim form.
The foregoing warranty does not extend to any product(s) that have been subjected to misuse, neglect, accident, improper instillation; nor does said warranty extend to any product(s) which have been fitted to vehicles used for off road use, or vehicles used for competition purposes, or vehicles which in the onion of the Seller have been overloaded. Warranty is also void on product(s) which have been altered, modified, or repaired (which includes use of cable ties (plastic), non recommended universal C.V. or sub standard boots and/or incorrect grade of joint/boot grease); nor does said warranty extended to any product which has had the identifying symbol(s), mark(s), label(s) removed, altered or changed. The Seller will no be held liable for any errors, defects or omissions in the design of any component(s)/product(s) regardless of whether such design faults result from acts or omissions of the manufacturer, supplier, Buyer or any other party.

10.LIABILITY
The Seller will not be liable for any loss, damage, injury or expense(s), claims (including labour and/or shipping) special incidental, or consequential damage/loss of any kind, whether or not based upon warranty expressed or implied; except for the obligations outlined above which shall be deemed the full extent of the Sellers liability. In no event shall the Seller be liable for any costs in excess of the original purchase price of the product(s)/component(s).

11. SURCHARGES
Agreed surcharges are redeemable within 2 months of invoice date. All surcharges will be credited upon receipt into the Sellers premises of acceptable used core(s) which meet the parameters specified by the Seller comprising but not exclusively:

  1. No damaged threads or splines
  2. No damaged or cracked outer casing or Body
  3. No twisted or bent rack component(s)
  4. No over rusted or incomplete unit
  5. No damage to essential components such as pinions, bushes, bearings, threads, worm gears, or any other part.

The number of surcharge credits redeemed in any one month shall not exceed the number of corresponding new items purchased in that month. It is in the interest of the Buyer to return surcharge cores for credit on a regular basis. Returns in excess of current surcharge core liabilities and/or excess of new product sold in that month, will be held in the Buyers surcharge credit core bank, to be offset against future product purchases. Surcharge core credits will only be redeemed against continuing ongoing new purchases, otherwise they will be held in the Buyers credit core bank, to be offset against new purchases as and when those purchases are processed. Returned surcharge core will be allocated to the various surcharge families and only “like” family cores will be credited, excess cores returns will be held in Buyers surcharge credit core bank. The Buyer has the right to request the return of any excess credit bank cores packaging/crating and transport of which will be to the Buyers account. The Seller reserves the right to refuse surcharge core returns, if in the pinion of the Seller, these surcharges have been derived from competitors product, purchased by the Buyer.
Credits will be issued after the Seller has inspected and accepted returned cores.
Credited values must be taken over a timescale of agreed purchase terms, and not be deducted from the Buyers current months payment run.
The Seller reserves the right to determine what is acceptable or unacceptable core.

12. DELIVERY DATES
Delivery commitments are entered into in good faith but are approximate only and not essential terms. The Seller shall not be liable for failure to deliver on the specified dates, nor shall such failure be deemed a breach of the contract or any of its conditions, or part thereof.
All quoted delivery dates are ex-works, Sellers factory. All return shipping costs i.e. stock cleanses, defective components, old surcharge core etc. are to the Buyers account.

13. FAILURE TO ACCEPT DELIVERY
If the Buyer fails to take delivery of the goods or any part thereof at the time 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 any loss suffered.

14. CANCELLATION
If the Buyer fails to make any payment when it becomes due or enters into any composition or arrangements with its creditor or if being an incorporated Company has a receiver appointed or passes a resolution for winding up or a court make an order to the effect, or if it has receiving order made against it, or if there is any breach of the Buyer of any of the terms of conditions thereof, the Seller may, without prejudice to its rights and remedies and not withstanding any previous waiver of this right defer or cancel future orders.

15. RETURNED GOODS
A handling charge may be made on goods accepted for credit against correctly executed orders. Goods will only be credited if returned within 14 days of the invoice date. Please quote original invoice number with returns.
Parts specially ordered cannot be returned credit.

16. FORCE MAJEURE
The Seller shall not be in anyway liable to the Buyer in respect of loss arising in the event of delivery of goods/product being prevented, hindered or delayed as a result of circumstances outside the control of the Seller including but not limited too (but without prejudice to the generality of the foregoing conditions0, accidents, strikes, lock-outs, trade dispute acts, or restraints of Government or imposition of restrictions on export, terrorist activities, war, alien invasion, and natural disasters- floods, hurricanes, tornados, fire, earthquakes, lightning strikes, volcanic activity, tsunami, or an act of God.

17. STOCK CLEANSES AND OVERSTOCKING RETURNS

  1. Obsolete, slow moving or static product including overstocked product can only be returned to the Sellers premises, at the Buyers cost, with the Sellers full written agreement. Items to be returned, required in advance from the Seller, a material return authorisation number (MRA), any goods returned without authorisation by the Seller will become the responsibility of the Buyer.
  2. Stock cleanses and overstocked product will only be exchanged at original invoice value for current fast moving stock, on a two for one basis.
  3. The Seller will only accept product of the Sellers original manufacture and/or supply in exchange for current product
  4. The Seller accept stock cleansed product and/or overstocked product limited to fifty items in any one month, numbers in excess of this figure should be returned over future trading months
  5. The Seller retains the right, in the event of stock returned in a poor condition, to refurbish same to the Sellers current, at cost, to the Buyer account. In the event that the damaged stock needs major refurbishment, the Seller reserves the right to determine what is acceptable product for exchange of current stock.

18. PROPER LAW AND ARBITRATION
This Contract shall be governed by English internal law and any dispute arising shall be subject to the exclusive jurisdiction of the English courts.
ALL QUOTED DELIVERY DATES ARE EX-WORKS
 

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