1. Any reference to Company/Seller shall mean Fensport, 8 Dock Road, Chatteris, Cambs, PE16 6RE, who sell or supply specialist motor equipment and accessories in the course of their trade or business.
2. Buyer/Purchaser shall mean any person, sole trader, partnership, business, body corporate or other entity. Where the Buyer purchases in the course of a trade, profession, vocation, hobby or sport (where the buyer is a specialist or enthusiast), it is agreed that such a buyer shall mean a trade buyer. Where a person deals entirely as a consumer, statutory rights shall remain unaffected. Where the term buyer appears within these terms it shall mean both trade and consumer buyer/purchaser unless specified as relating to a trade buyer or consumer buyer individually.
3. Goods or equipment shall mean the items detailed in the appropriate section of our website or brochure.
4. Price shall mean the consideration due for purchase and shall exclude VAT unless otherwise stated. Purchasers should note that prices quoted may vary during the currency of brochures or website (upwards or downwards) and current prices are quoted at the time of order.
6. "Working day" shall mean any day excluding Saturdays, Sundays and public holidays.
7. These conditions shall apply to all of the company's quotations and contracts, orders (including telephone orders) for the sale or supply of goods accepted by the company. For the trade buyer, any other terms or representations, whether implied by statute, made prior to, collateral with or subsequent to the contract or order are hereby excluded and shall not be binding upon the company. For the consumer purchaser, representations shall only be binding upon the company if confirmed in writing by the company.
8. Brochure descriptions, Web Site information and samples on display are indicative only and any specifications, weights, measurements and technical data (whether relating to performance or otherwise) are for guidance only and shall not form a description within the meaning of the Sale of Goods Act (as amended). Buyers are therefore required to check current specification, colours, weights and measurements with manufacturers, prior to order, as no liability shall be accepted by this company for any claim arising therefrom. Manufacturers also reserve the right to amend specifications, without notice, in order to improve products or where amendment becomes necessary.
9. The company reserves the right to amend technical or clerical errors in any order without notice. In addition, the buyer shall ensure that all details contained within the order are correct and no liability for any error or inaccuracy shall lie with the company unless notified of such error within five days of receipt of any document containing the said error.
SECONDHAND PARTS WARRANTY
We do cover
Repair or Replacement of the item
Carriage charge to replace the item - UK mainland only
A full refund of item cost and all carriages - UK Mainland only
Carriage costs to collect faulty unit
We Do not Cover
Labour costs for installation/removal or repair
Any Consequential loss or loss of revenue
Oil Leaks - Although we will do our best to supply any seals/gaskets free of charge
10 A, New & Secondhand parts - The seller will not hold itself liable to reimburse the buyer for any installation charges, no matter how they are incurred. The guarantee will be limited to the replacement/refund of original parts purchased and the company will not be liable for any loss of revenue or consequential loss whatsoever.
10 B. New parts - All guarantees for products are provided entirely by the manufacturers or UK importers and are subject to their terms. Purchasers are reminded to complete all warranty cards/documents upon receipt of goods where appropriate.
10 C. Secondhand Parts - All goods sold will carry 3 months guarantee from the date of purchase. All goods are guaranteed to be in satisfactory working order at the time of purchase. In the event of a fault arising within the guarantee period, the seller reserves the right to either repair or exchange the goods; if replacement goods cannot be found within a reasonable time then the full purchase price will be refunded on production of the original sales invoice and if the goods are in a similar state of dress as when the goods were supplied.
LIMITATIONS UPON LIABILITY
11. Advice given by agents or servants of this company during telephone/Internet orders is based entirely upon information given by the purchaser with no inspection undertaken. No liability can therefore be accepted by the company for incorrect advice given and all such advice should be checked by the purchaser prior to order.
12. Where advice is given after visual inspection by agents or servants of this company, such advice shall amount to an opinion only and the company shall not accept liability for any inaccuracies. Additionally, goods supplied are supplied only to correspond to the purpose for which goods of that kind are commonly supplied and not alternative uses to which they may be put. No liability for failure can be accepted by this company for such alternative use, amendment or modification.
13. For trade buyers, the company is hereby excluded from any liability, howsoever arising, in respect of any express or implied condition, warranty or term, statement, representation whether statutory or otherwise, relating to the goods supplied. The trade buyer accepts that he is best placed to insure against losses which arise by virtue of any breach of this agreement and warrants that he carries adequate insurance in this respect.
14. Compatibility of goods is not guaranteed where modifications or alterations have been made to vehicles and the company shall, in such circumstances, and entirely at its discretion, issue a refund or credit to the purchaser except where goods are specifically ordered for the purchaser where no such refund or credit will operate.
15. Where goods purchased by the buyer are alleged to be defective, the purchaser agrees to return such goods to the seller for inspection and report (without the seller replacing the said goods prior to such inspection). The purchaser further confirms that it shall be reasonable for the seller to inspect, repair or replace (at its option) such defective goods and allow manufacturers to undertake inspections so as to allow production methods to be modified. The purchaser also accepts that it is reasonable to inform the seller of any interruption, defect or other failure prior to contacting independent third parties or incurring additional expense and, in addition, to allow the seller to remedy the defect, failure or interruption. Parts modified or adapted by the purchaser shall no longer be warranted by the manufacturer nor shall the company be liable for any failures resulting subsequent to modification.
16. Competition goods are supplied for specialist use. Life expectancy and durability are greatly reduced and purchasers should note that any claim for failure/wear&tear shall not be entertained by the company and it is agreed that such use shall be a relevant circumstance for the Sale of Goods Act 1979 (as amended). In addition, parts connected to parts supplied by this company may be placed under stress where specialist/competition parts are used, and purchasers should take advice from experts prior to purchase. Manufacturers may also limit guarantees when components are installed for competition use.
17. Where goods are defective, incorrectly supplied, or otherwise in breach of the implied terms of the buyers statutory rights, all losses which result from loss of competition points, awards, loss of entry fees or other similar losses, are excluded and shall not be reclaimable from the company. In addition, the company shall accept no liability for death or personal injury.
18. No liability is accepted by the company where purchasers attempt to modify or install components supplied where it is known or ought reasonably to be known that the part supplied is incorrectly supplied, defective or otherwise not in accordance with the order.
19. The company accepts no liability in respect of failure to supply or other interruptions caused by matters beyond the reasonable control of the company, including strikes, lockouts, civil disputes, acts of God, war or actions by third parties.
20. Quotations are given and prices are agreed exclusive of carriage, packing, insurance and vat, and in the case of sales where the goods are to be delivered by the seller to the buyer in a country outside the UK, of any similar taxes, duties or import charges.
21 A. All goods(except previously arranged trade accounts), will be paid for in advance of despatch. We do not offer a COD service.
21 B. All special order parts require full payment in advance.
21 C.. Trade Accounts - Overdue Payment: We reserve the right to charge interest on all overdue balances at 3% per month compounded until the date payment is received in full or alternatively, at our discretion, in line with legislation relating to late payment of commercial debts. Interest is charged from the invoice date onwards if payment is not received within 30 days (or as agreed otherwise in writing).
21 D. Trade Accounts - Recovery Costs: All costs, charges and expenses incurred by us in recovering any debt shall be paid by you. If a payment made by cheque bounces, you shall be liable for all reasonable costs incurred as a result.
22. Quotations are given on the assumption that no variation in the price will be made by the manufacturer/sole importer and that Government levies remain unaltered. In the event of such changes, the buyer shall be liable for the full cost thereof without notice from the company. Buyers are hereby informed that calling down of smaller quantities of material than ordered may increase the overall price per unit, there being reduced economies of scale in order. The resultant additional cost shall be the buyers.
23. Unless otherwise stipulated within the sales invoice/order form, all accounts are strictly net and payable with order or otherwise in accordance with the terms of the trade buyer's credit account. Where default occurs in payment by the trade buyer, default interest shall become payable in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 at the maximum rate permissible thereunder or in accordance with the credit terms agreed or, where the buyer is a consumer, at 2% above the base rate of the Lloyds TSB Group PLC.
TITLE AND DELIVERY
24. Title to the product shall not pass to the buyer until the company has received payment in full. In the event that sums owing in respect of other items ordered remain due, apportionment by this company shall take place without prejudice to the right to retain title in respect of all goods ordered.
25. Delivery times will be quoted at time of order. All times given for despatch or delivery are approximate and time shall not be of the essence. The buyer agrees to allow 30 days in any written notice making time of the essence and further agrees to accept full liability in respect of delayed or late delivery or dispatch. In respect of special order goods, the buyer acknowledges that further delays may occur and allows the company 45 days in any written notice. In any event, delivery times are approximate and variable and beyond our control. When delivery is effected by the purchaser directly or to an independent delivery contractor as agent for the purchaser, risk shall pass to the buyer immediately.
26. The buyer is required to notify the company, in writing, of any shortage, misdelivery or other discrepancy immediately, or at the latest within five days of such failure, thereafter the buyer shall be liable for any such discrepancy. Where delivery is effected to the buyers own delivery contractor, loss or damage in transit claims should be made directly to the carrier. The company will assist purchasers in making their claim. Buyers should retain all packaging in the event of a claim or return within the terms of this agreement.
CANCELLATION OF ORDERS AND LIABILITY (Consumer protection distance selling regulations 2000)
27. A consumer buyer shall have the right to cancel any contract for goods made in accordance with these Terms and Conditions within seven working days of delivery of the goods. Special order goods shall not be returnable under any circumstances.
28. Cancellation of the contract can be effected in writing and signed on behalf of the buyer and delivered either by fax 01354 696973 or by first class post to the Company's address as above.
29. If a Notice of Cancellation is received by the Company in accordance with clause 27 the consumer buyer shall become liable to return the goods to the Company forthwith, to such address as directed by the Company in their original packaging (and without having been installed or used) and at the consumer buyer's sole expense.
30. If the consumer buyer fails to return the goods in accordance with clause 29 within 7 days of the cancellation of the contract, the Company shall be entitled to collect the goods from the consumer buyer and to recover any costs involved in such collection from the consumer.
31. The Company shall then effect a refund of any monies owing to the consumer buyer in respect of the goods within 30 days from the date of cancellation of the contract. Such a refund will be subject to any set off of monies to which the Company is entitled under clause 30.
32. Goods delivered to the buyer (including a trade buyer) may be returned, (at own cost) to the Company in original packaging (and without being installed or used) for credit within 7 days of receipt by the buyer, subject to a restocking charge of not less than 10% of the value of the order, and loss of original carriage. Special order goods shall not be returnable under any circumstances.
33. Without prejudice to the right of the consumer buyer to cancel under clause 27 the buyer shall indemnify the company against all actions, claims, demands, penalties and cost brought by or incurred by third parties or this company in tort, contract, infringements of or alleged infringements of patents or registered designs or otherwise arising in connection with the goods or their delivery or unloading or with work done by the company in accordance with the buyers specifications.
34. The buyer confirms that he shall comply with any or all rules relating to installation of the product concerned and fully accepts that any loss which results from forced, misdirected, inappropriate or unqualified installation shall not be accepted by the company.
35. This agreement shall be interpreted in accordance with English Law and industry custom and practice, and English courts shall have sole jurisdiction in respect of any dispute arising therefrom. In respect of Internet sales, jurisdiction or the agreement shall be with English Law.