Terms and Conditions

(Consumer Transactions)

Definitions

‘The company’ shall mean Foreign Car Spares Limited

‘The customer’ shall mean reasonable mileage customers driving upto1000 miles per month, not including trade, commercial or business use operators placing an order with the company by telephone, facsimile, letter, electronic mail or online at www.foreigncarspares.com.

‘The Parts’ shall mean the parts supplied by the company under the contract terms set out in these terms and conditions.

‘Distance Selling shall mean The Consumer Protection (Distance Selling)

Regulations 2000’ (Amendment) Regulations 2000.

1. Formation and interpretation of contracts

i. The contract terms may be varied only by express agreement by the company by means of a written amendment signed by an authorised officer of the company referring specifically to the terms and conditions to be amended.

ii. The customer shall be responsible to the company for ensuring the accuracy of the descriptionof any order submitted to the company and for giving the company any necessary information relating to the parts and/or services within a sufficient time to enable the company to perform the contract in accordance with its terms.

2. Prices

i. Unless otherwise expressly stated in writing by the company, orders are accepted on the basis that;

ii. The price is inclusive of value added tax and any other impositions that may arise by the Government whatsoever, which shall be charged by the company at the rate and in the manner prescribed by law from time to time and shall be paid by the customer in addition to the price.

3. Payment

The following terms and conditions apply to payments.

i. Payment must be made on placing the order and the parts will be delivered once funds are cleared in to the company’s bank account.

ii. Payment can be made by credit/debit card, cheque or bank transfer. If paying by cheque, please make cheques payable to: “Foreign Car Spares Ltd” and forward the cheque to: The Rolling Mill, 166 Parkfield Road, Saltley, Birmingham, B8 3AY.

4. Delivery

i. Delivery times are given as an estimated time although we endeavour to deliver parts no longer than 30 days.

ii. Parts will be despatched through Royal Mail or any other reputable courier service as the company deems appropriate by a next day delivery service.

iii. In the event of non-fulfilment of contract owing to an act of god, war, disease, strikes, lock-outs, fires, or any other accident whatsoever beyond the control of the company, delivery of the parts but may suspended or delayed and the company shall not be liable for the delay.

5. Refunds, Exchange of Goods and Cancellations

i. If after the seven day statuary cancellation period and the customer no longer requires correct/non faulty/replacement parts then a restocking fee of up to 30% will be applicable. However, the company reserves the right to refuse to refund or exchange.

ii. In case the company is unable to offer to replace a part in reasonable time, the company will refund the customer in full; this is subject to the Distance Selling Regulations.

iii. All parts must be returned to the company before any refunds or replacements become applicable at the cost of the customer; if a request is made for the company to collect the parts, a charge shall be deducted from the refundable amount. The amount deducted for the collection of part shall be notified to the customer prior to collection and shall usually be the same as the initial delivery charge. Returns address is Foreign Car Spares Ltd, 166 Parkfield Road, Birmingham, B8 3AY.

iv. Where parts are ‘Special Order Items’, no order which has been accepted by the company may be cancelled by the customer. Special order items are those items the company designates as such or ordered especially from manufacturers; this includes body panels or mechanical parts that are cut to measure or modified to the customer’s specification.

v. Where parts are damaged on delivery or incorrectly supplied, the customer must notify the company of the same within 7 days of the delivery as responsibility for parts damaged/incorrect will be excluded thereafter upon the discretion of the company.

vi. All warranty parts must be returned together with proof of purchase and notification of defect in writing.

vii. Recently received parts must be boxed, packed and returned in the same condition in they were received. If part develops a fault on a later date then reasonable care with the packaging is required, it does not have to be the original packaging.

viii. All parts carrying a surcharge must be returned within one month of purchase as the surcharge deposit shall not be refundable after this time period.

ix. The company shall not be responsible for items being out of stock or on back order with the company’s suppliers/manufacturers. If this occurs, the company will endeavour to source alternative sources of supply and the customer will remain liable for any variations in the price of the parts when notified.

x. Cancelling an order can be done in writing to Foreign Car Spares Ltd, 166 Parkfield Road , Birmingham, B8 3AY by recorded delivery. See section 5.3 for details on how to return parts

6. Warranty Period

Gearboxes and Engines are warranted for 90 days from the date of the invoice.

All other parts are warranted for 30 days from the date of the invoice unless stated otherwise on the invoice.

New parts are generally warranted for 12 months from the date of the invoice unless stated otherwise

Any claim for consequential losses within the warranty claim will be at the discretion of the company or supplier/manufacturer of the parts.

This does not effect a consumers’ statutory rights.

1. Cancellations and

The company’s obligation and liabilities to the customer in respect of the parts and services shall be limited to-

i.

Terms and Conditions

(Trade Transactions)

“Trade Transactions” shall mean business to business customer’s, garages acting on behalf of customers, taxi hire customers, commercial and professional driving customers and mileage limitations on more than 1000 miles per month.

The following limitations are made aware to the trade customer;

i) The Distance Selling Regulations do not apply to trade to trade customers.

ii) Consequential losses are excluded whatsoever.

iii) The Company may only act on the decision of the supplier/manufacturer of the goods and cannot be held directly responsible for the performance of the goods directly or indirectly.

iv) Postage and packaging charges will be deducted from the trade customer’s original order when refunds are issued

v) Items must returned at customers own cost or will be charged by the company for collection of any parts.

vi) Where part is incorrect, damaged or faulty then a replacement part will be organised.

vii) The order will be cancelled with the agreement in writing of the company and on the terms that the total price of the order shall be subject to a 30% handling fee and the customer shall return the part(s) to the company at their own cost or charged for collection of parts(s) by the company if needs be, in addition to any other reasonable expense incurred by the company as a result of cancellation.

viii) Where the parts delivered are correct and not faulty, the company reserves the right not to refund or exchange the trade customer for the parts supplied.

Complaints

We believe that you should not have cause to complain with regard to our service. However, should you feel that our services do not meet your expectations you should write to Foreign Car Spares Limited, The Rolling Mill, 166 Parkfield Road, Saltley, Birmingham B8 3AY or email: foreigncarspares@btconnect.com.

General

Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to that other party at its registered office or principle place of business.

The company will (without prejudice to any other remedy available to it) have in respect of all unpaid debts due from the customer a general lien on all property of the customer in the possession of the company for whatever purpose and whether worked upon or not and be entitled on the expiration of not less than 7 days notice in writing to the customer to dispose of such property and to apply the proceed towards the satisfaction of such debts.

The goods shall remain the property of the seller until the price has been discharged in full, a cheque given by the purchaser in payment shall not be treated as a discharge fee until the same has been cleared.

Nothing herein contained is intended to affect the customer’s statutory rights under the Sales of Goods Act 1979 as amended thereof.

The terms and conditions specified above are governed exclusively by the law of England & Wales. Both the customer and the company hereby accept the exclusive jurisdiction of the English courts.