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 2005" (Amendment) Regulations 2005.

1. Formation and interpretation of contracts

i. All contracts made by Foreign Car Spares for the supply of parts and/or services of the type referred to below shall be governed exclusively by the terms and conditions set out below (the contract terms) the contract terms shall override and take the place of all previous oral and written representations and any other terms and conditions whether or not the same are endorsed upon, delivered with, or referred to in any purchase order, call off or other document delivered or sent to the company by the customer referred to below. Any reference below to order of the customer, call off, specifications or like document will not be deemed to imply that any terms and conditions endorsed upon, delivered with or referred in to such order, call off, specifications or liked document will supplement or have effect to the exclusion or amendment of the contract terms.
ii. 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.
iii. The customer shall be responsible to the company for ensuring the accuracy of the terms of 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 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.
iii. The company reserves the right to alter prices at any given time.
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 or date but do not form part of the contract between the company and the customer. Time is not deemed to be of the essence of the contract, unless stated by the customer in writing.
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. Parts that are signed for and leave the company"s premises in good condition are thereafter only subject to the courier"s standard terms and conditions.
iv. Parts are deemed to have been inspected and accepted in good condition once the customer signs the courier receipt.
v. The company shall not bear responsibility for delays or mistakes by the courier services or any third parties.
vi. Item delivered damaged, must be signed for as damaged, signed “unchecked” if unable to check package or refused. If this isn't done, unfortunately we can not claim on the insurance.
vii. The company shall endeavour to deliver the parts but may suspend or delay delivery and shall not be liable 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.

5. Return of parts, Refunds and Cancellations

i. Where the parts supplied are correct and not faulty but the customer no longer requires the Parts, no order which has been accepted by the company may be cancelled by the customer except 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% restocking 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 (subject to the Distance Selling Regulations) and any other reasonable expense incurred by the company as a result of cancellation.
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 request is made for the company to collect then this charge shall be deducted from the refundable amount.
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 customers specification.
v. All warranty parts must be returned together with a copy of the original purchase invoice.
vi. All parts must be boxed, packed and returned in the same condition in they were received
vii. 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.
viii. The company reserves the right to refuse exchange of parts if the parts supplied are correct and in accordance with the customer"s original order notified seven days after the goods have been received.
6. Warranty

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
If during proper use or application of parts by the customer a material defect should be discovered,

i. The customer shall notify the company in writing giving particulars of the alleged defect.
ii. The parts shall be returned to the company for inspection at the customers expense and the company will in turn return the parts to the relevant manufacturer/supplier for inspection if needs be.
iii. Where the parts in question are deemed faulty the company will offer to replace the parts and if a replacement is not available raise a credit or refund for the value of the parts in favour of the customer subject to the Distance Selling Regulations. If the customer insists on a refund rather than a replacement a refund will be given taking into account the usage of the part supplied.
iv. Any claim for consequential losses within the warranty claim will be at the discretion of the company or supplier/manufacturer of the parts.
v. The customer will be deemed to accept the decision of the company or supplier/manufacturer in any dispute as to the fitness for purpose of the parts.
vi. Where parts are damaged on delivery or incorrect without the fault of the company, 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.
vii. 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.

7. Limitation and Exclusion of Liabilities

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

i. Those set out expressly here in.
ii. Those implied (as to title) by section 12 of the Sales of Goods Act 1979.
iii. Any liability for death, personal injury and loss of or damage to property under section 2 of the consumer protection act 1987.
iv. Where the contract is not an international supply contract within section 36 (3) of the unfair contract terms act 1977. Any liability for death or personal injury from the company"s negligence (as defined in that act).
v. Where the customer deals as a consumer (within section 12 of the unfair contract terms act 1977). Any implied term relating into the conformity of goods with their description or sample or as to their quality or fitness for a particular purpose.
vi. The customer acknowledges that this is reasonable and reflected in the price and shall accept risk and/or insure accordingly.
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.