1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
1.2 When We use the words 'writing' or 'written' in these Terms, this will include e-mail unless We say otherwise.
1.3 Working Day: a day that is not a Saturday, Sunday or public holiday.
2.1 These are the terms and conditions on which We supply Goods, or Services, or both Goods and Services, to you.
2.2 Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you submit an Order. If you think that there is a mistake, please contact Us to discuss, and please make sure that you ask Us to confirm any changes in writing to avoid any confusion between you and Us.
2.3 We consider that these Terms and the Order constitute the whole agreement between you and Us. You acknowledge that you have not relied on any statements, promises or representations made or given by or on behalf of us which is not set out in the contract or the Order.
2.4 These Terms will become binding on you and Us when We issue you with a written acceptance of an Order, at which point a contract will come into existence between you and Us.
2.5 If any of these Terms conflict with any term of the Order, the Order will take priority.
2.6 We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.
2.7 These Terms apply to the contract to the exclusion of any other terms and conditions that you seek to impose or incorporate or which are implied by trade, custom, practice or course of trading.
2.8 Any quotation given by Us shall not constitute an offer and is only valid for a period of 30 days from the date of issue.
2.9 The images of the Goods and/or Parts on Our site are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that your computer's display of the colours or the printed pictures accurately reflect the colour of the Goods and/or Parts. Your Goods and/or Parts may vary slightly from those images.
2.10 All Goods and Parts shown on our Site are subject to availability. We will inform you by e-mail as soon as possible if the Goods or Parts you have ordered are not available and We will not process your Order if made.
2.11 If you are a consumer, you may only order Goods and/or Parts and/or Services from Us if you are at least 18 years old.
2.12 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you order Goods and/or Part and/or Services from Us.
3.2 Every time you Order Goods and/or Parts from Us, the Terms in force at that time will apply to the contract between you and Us. Whenever we revise these Terms in accordance with this clause We will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
3.3 Our Order process allows you to check and amend any errors before submitting your Order to us. Please take the time to read and check your Order at each page of the Order process.
3.4 If We agree you may make a change to the Order for Goods and/or Parts and/or Services at any time before We despatch the Goods and/or Parts or start date for the Services. Where this means a change in the total price of the Goods and/or Parts and/or Services, We will notify you of the amended price in writing. You can choose to cancel the Order in accordance with clause 13.1(d) in these circumstances.
4.2 We deliver Goods and/or Parts to addresses outside of the UK ('International Delivery Destinations') ex works. We shall be under no obligation to give notice under section 32(3) of the Sale of Goods Act 1979.
4.3 We will contact you with an estimated delivery date. Occasionally Our delivery to you may be affected by an Event Outside Our Control. See clause 11 for Our responsibilities when this happens.
4.4 If you have asked to collect the Goods and/or Parts from Our premises or delivery is ex works, collection or delivery will be by prior agreement.
4.5 Delivery of an Order shall be completed when We deliver the Goods to the address you gave Us or you collect them from Us.
4.6 If no one is available at the address to accept delivery or you fail to take delivery, the Goods and/or Parts will be returned to Our premises and We reserve the right to charge you for all related costs and expenses for delivery and re-delivery. Please contact Us to rearrange delivery.
4.7 If We are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, We will deliver the Order in instalments. We will not charge you extra delivery costs for this. However, if you ask Us to deliver the Order in instalments, We may charge you extra delivery costs. Each instalment shall constitute a separate contract governed by these Terms. If We are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
4.8 The Goods and/or Parts will be your responsibility and at your risk from the completion of delivery.
4.9 You own the Goods and/or Parts once We have received payment in full including all applicable delivery charges.
4.10 Until ownership of the Goods and/or Parts has passed to you, you shall:
4.11 If before title to the Goods and/or Parts passes to you, any step is taken in connection with any voluntary arrangement or any other compromise or arrangement for the benefit of any creditors of you or notice is given of an intention to appoint an administrator, or the filing at court of the prescribed documents in connection with the appointment of an administrator, or the appointment of an administrator, in any case in relation to you; or the appointment of a receiver or manager or an administrative receiver in relation to any property or income of the you; or a voluntary winding-up is commenced in respect of you (except a winding-up for the purpose of amalgamation or reconstruction of a solvent company in respect of which a statutory declaration of solvency has been filed with the Registrar of Companies) or a petition for a winding-up order or a winding-up order in respect of you is made or the striking-off of you from the Register of Companies or an application is made for you to be struck-off or you otherwise cease to exist (but excluding where the you die) or a presentation of a petition for a bankruptcy order or the making of a bankruptcy order against you is made or We reasonably believe that any such event is about to happen and notifies you accordingly, then, provided the Goods have not been resold, or irrevocably incorporated into another product, and without limiting any other right or remedy We may have, We may at any time require you to deliver up the Goods and, if you fails to do so promptly, enter any premises of yours or of any third party where the Goods are stored in order to recover them.
4.12 There are restrictions on some Goods and/or Parts for certain International Delivery Destinations, so please review the information on our Delivery page before ordering Goods and/or Parts.
4.13 If you Order Goods and/or Parts from Us for delivery to an International Delivery Destination your Order may be subject to export and/or import duties and taxes. Please note that We have no control over these charges and We cannot predict their amount. You will be responsible for payment of any such export and/or import duties and taxes. Please contact your local customs office for further information before placing your Order.
5.2 We guarantee that on delivery and for a period of 3 months from delivery, the Parts and/or Services shall be free from material defects.
5.3 The guarantee in clauses 5.1 and 5.2 does not apply to any defect in the Goods and/or Parts and/or Services arising from:
5.4 If you are a consumer, this guarantee is in addition to your legal rights in relation to the Goods and /or Parts that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
6.2 We will make every effort to complete the Services on time but time shall not be the essence of the contract. There may be delays due to an Event Outside Our Control. See clause 10 for Our responsibilities when an Event Outside Our Control happens.
6.3 We will need certain information from you that is necessary for Us to provide the Services and We will contact you about this. If you do not, after
being asked by Us, provide Us with this information, or you provide Us with incomplete or incorrect information, We may make an additional charge of a
reasonable sum to cover any extra work that is required, or We may suspend the Services by giving you written notice. We will not be liable for any
delay or non-performance where you have not provided this information to Us after We have asked. If we suspend the Services under this clause
6.3, you do not have to pay for the Services while they are suspended, but this does not affect your obligation to pay for any invoices We have already sent you.
6.4 We may have to suspend the Services if We have to deal with technical problems, or to make improvements agreed between you and Us in writing to the
Services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for
the Services while they are suspended under this clause
6.4 but this does not affect your obligation to pay for any invoices We have already sent you.
6.5 If you do not pay Us for the Services when you are supposed to as set out in clause 8.6, We may suspend the Services with immediate effect until you have paid Us the outstanding amounts. We will contact you to tell you this. This does not affect Our right to charge you interest under clause 8.7.
You will not have to pay for Us to repair or fix a defect with the Services under this clause 7.1,.
7.2, As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
8.2 These prices are shown exclusive of VAT for business customers and inclusive of VAT for consumers. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Goods and/or Services in full before the change in the rate of VAT takes effect.
8.3 The prices for the Goods and/or Parts exclude delivery costs, which will be added to the total amount due and will be subject to the method of delivery. Our delivery charges are as quoted on our Site from time to time. To check relevant delivery charges, please refer to our Delivery Charges page.
8.4 It is always possible that, despite Our best efforts, some of the Goods and/or Parts We sell may be incorrectly priced. We will normally check prices as part of Our despatch procedures so that, where the Goods and/or Parts correct price is less than Our stated price, We will charge the lower amount when dispatching the Goods to you. If the Goods and/or Parts correct price is higher than the price stated on Our Order, We will contact you to tell you and for your instructions. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, We do not have to provide the Goods and/or Parts to you at the incorrect (lower) price.
8.5 Where We are providing Goods and or Parts to you, you must make payment for Goods in advance by credit or debit card. We accept payment with Visa, Visa Debit, Visa Electron, Mastercard and Maestro.
8.6 Where We are providing Services to you, We may ask you to make an advance payment of the price (or a percentage of the price) for the Services. Your rights to a refund on cancellation are set out in clause 12. We will invoice you for the balance of the Services on or any time after We have performed the Services. Each invoice will quote the Order number. You must pay each invoice in cleared monies within 30 calendar days at the date of invoice.
8.7 If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Lloyds Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
9.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this contract.
9.2 If We are providing Services in your property, We will make good any damage to your property caused by Us in the course of installation or performance. However, We are not responsible for the cost of repairing any pre-existing faults or damage to your property that We discover in the course of installation and/or performance by Us.
9.3 We only supply the Goods and/or Parts or perform the Services for domestic and private use. You agree not to use the Goods and/or Parts for any commercial, business or re-sale purpose and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
9.4 We do not exclude or limit in any way Our liability for:
9.5 You must observe and comply with all applicable laws and regulations of the county for which the Goods/and or Parts are destined, including obtaining all necessary customs, import or other permits to purchase the Goods and/or Parts for Us. The importation or exportation of certain Goods and/or Parts may be prohibited by certain national laws. We make no representation and accept no liability or responsibility in respect of the export or import of the Goods and/or Parts you purchase from Us or if you break any such law.
10.1 Nothing in these Terms limit or exclude our liability for:
10.2 Subject to clause 10.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
10.3 Subject to clause 10.1 and clause 10.2 , our total liability to you in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods and/or Parts and/or Services.
10.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Goods and/or Parts. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods and/or Parts are suitable for your purposes.
10.5 Liability is not accepted and no guarantee is given in this contract for Goods and/or Parts which have not been installed to the standards of the Garage Equipment Association Code of Practice for the Installation of Vehicle Servicing Equipment in force from time to time taking account of any amendment.
10.6 You must observe and comply with all applicable laws and regulations of the county for which the Goods and/or Parts are destined, including obtaining all necessary customs, export, import or other permits to purchase the Goods and/or Parts for Us. The importation or exportation of certain Goods and/or Parts may be prohibited by certain national laws. We make no representation and accept no liability or responsibility in respect of the export or import of the Goods and/or Parts you purchase from Us or if you break any such law.
10.7 If the Goods and/or Parts We deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, We shall have no liability to you unless you notify Us in writing at our contact address below of the problem within 24 hours of the date of delivery. The practice of signing for the Goods and/or Parts 'not examined' or wording of a similar nature will not absolve you from this clause.
10.8 If you notify a problem to Us under this clause 10, our only obligation to you will be, at our option:
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
11.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
11.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
11.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods and/or Services. Please see your cancellation rights under clause 13,. We will only cancel the contract if the Event Outside Our Control continues for longer than 4 months in accordance with Our cancellation rights in clause 14,.
12.1 If you are a consumer you have the legal right to cancel the contract during the periods set out in this clause. This means that during the relevant cancellation periods set out in clause 12.2 if you change your mind or for any reason you decide you do not want to keep the Goods and/or Parts you can notify us of your decision to cancel the contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
12.2 Your legal right to cancel starts are as follows:
12.3 If you have returned the Goods and/or Parts to us under this clause because they are faulty or mis-described, we will refund the price of a defective Goods and/or Parts in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
12.4 If the Goods and/or Parts were delivered to you:
12.5 Details of your legal right to cancel and an explanation of how to exercise it are provided in Order confirmation.
12.6 As a consumer, you will always have legal rights in relation to Goods and/or Parts that are faulty or not as described. These legal rights are not affected by the returns policy in this clause or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
12.7 To cancel the contract you will need to send Us notification in writing. If you cancel the contract verbally, you must confirm the verbal cancellation in writing.
13.1 You may cancel the contract for Goods and/or Parts and/or Services with immediate effect by giving Us written notice only if:
13.2 Except for clauses 12 and 13.1, you may only cancel the contract for Goods and/or Parts and/or Services at Our discretion.
13.3 If you cancel an Order for Services and We have already started work on your Order by that time, you will pay is any costs We reasonably incurred in starting to fulfil the Order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. However, where you have cancelled an Order because of Our Failure to comply with these Terms (except where We have been affected by an Event Outside Our Control), you do not have to make any payment to Us.
13.4 If you cancel an Order for Goods and/or Parts and We have already despatched the Goods and/or Parts to you, We will not be able to cancel the Order until it is delivered or collected. In this case, if you return the Goods and/or Parts, We will have to charge you the cost of collection or you will have to pay the cost of returning the Goods back to Us, and a re-stocking charge of 25% of the Goods and/or Parts or £25, whichever is the greater. This will not affect your refund for the Goods, but any charge for collection or re-stocking will be deducted from the refund that is due to you.
14.1 If We have to cancel an Order for Goods and/or Parts and/or Services before the Services start or the Goods and/or Parts are delivered:
14.2 Once We have begun to provide the Services to you, We may cancel the contract for the Services at any time by providing you with at least 30 calendar days' notice in writing. If you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
14.3 We may cancel the contract for Goods and/or Part and/or Services at any time with immediate effect by giving you written notice if:
15.1 We are a company registered in England and Wales. Our company registration number is 01099738 and Our registered office is at Eagle Road, Langage Business Park, Plympton, Plymouth PL7 5JY. Our registered VAT number is 723418156.
15.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at 01752 219111 or by e-mailing Us at [email protected]
15.3 If you are a consumer and you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to Customer Services, Tecalemit Garage Equipment Company Limited at Eagle Road, Language Business Park, Plymouth Devon PL7 5JY or [email protected] We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
15.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16.2 You agree that We may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.
16.3 We will not give your personal data to any other third party.
17.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
17.2 You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
17.3 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
17.6 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts.
Tecalemit Garage Equipment Company Limited
Eagle Road, Langage Business Park, Plymouth, PL7 5JY, United Kingdom