Terms & Conditions of Sale
1. Trade Accounts
1.1. Trade accounts with AutoArt Styling Limited (“AutoArt”) will only be set up on receipt of satisfactory proof that the customer is a bona fide trading concern.
1.2. None of the rights to which AutoArt is entitled in terms of this contract shall prejudice any other rights to which AutoArt may be entitled.
2. Delivery and Backorders
2.1. We cannot accept orders where time is of the essence. Any delivery dates quoted by AutoArt must be considered only as estimates.
2.2. AutoArt will endeavour to arrange delivery to the delivery address advised by the buyer, who will make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.
2.3. AutoArt will not be liable for any default due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, storm or any other event beyond reasonable control.
2.4. AutoArt will not be liable for compensation for delays in delivery, nor shall any replacement items be shipped free of charge until the carrier has confirmed that the goods may be considered lost.
2.5. Any items not in stock when an order is received will be placed on backorder and will be shipped as soon as they are available.
2.6. It is the customer’s responsibility to cancel any items placed on backorder and to obtain a cancellation acknowledgement number from our sales department. If this is not done and the item is despatched, it will be the customer’s responsibility to return the item/s to us in good order under our returns procedure at their cost.
3.1. No returns can be accepted for credit without a completed returns authorisation form and an authorisation number issued by AutoArt. Unauthorised returns may, at the sole discretion of AutoArt be accepted for credit subject to a 25% handling and re-stocking charge.
3.2. Items damaged in transit en route to the customer must be reported to AutoArt in writing within 72 hours of receipt. Damage reported after this time period will not be considered for credit or replacement. Where damage appears to have been sustained in transit, all packing materials must be retained for inspection.
3.3. AutoArt accepts no responsibility for items that are forwarded by the customer to their own customer or end-user without inspection on initial receipt.
3.4. The customer must make their own arrangements for the return of any items to AutoArt. It is the customer’s responsibility to ensure that both goods and retail packaging returned are adequately protected from damage, regardless of the reason for their return.
3.5. Items lost or damaged in transit to us cannot be credited, whatever the reason for their return.
3.6. Where goods are incorrectly supplied and sent out by courier AutoArt may at their sole discretion agree to arrange collection. It remains the customer’s responsibility to ensure that goods are adequately packaged as described in 3.4 above.
3.7. Where goods are supplied correctly and sent out carriage free the original delivery cost incurred by AutoArt for the transaction will be charged against any credit raised.
3.8. Items returned in damaged packaging will be subject to a repacking charge of 10% of the value of the item subject to a minimum charge of £2.50.
3.9. Where AutoArt agrees to reimburse the cost of carriage on an item returned, such reimbursement will not exceed the sum that AutoArt would have charged the customer.
4.1. Unless otherwise stated all goods carry a 12 month warranty against manufacturing defects. Goods returned under warranty must be authorised for return, and replacements or refunds will not be considered until the faulty item has been inspected.
4.2. Any items proved to our satisfaction to be faulty by reason of defective material or workmanship will be replaced or the cost thereof refunded. The decision to replace or refund rests solely with AutoArt.
5. General Terms
5.1. Risk of goods passes to the customer at delivery.
5.2. In the event of any breach of this contract by AutoArt, any compensation payable shall not exceed the cost of the goods concerned and their initial delivery to the customer.
5.3. Other than specified in these terms & conditions, AutoArt will accept no liability for direct-, consequential- or any other loss arising from the supply or use of any items by AutoArt.
5.4. Goods are invoiced at the prices ruling at date of despatch, which are subject to change without notice.
5.5. Prices exclude VAT.
5.6. AutoArt may cancel this contract at any time before the goods are delivered by giving written notice. On giving such notice, AutoArt shall promptly repay to the buyer any sums received in respect of the goods. AutoArt shall not be liable for any loss or damage whatsoever arising from such cancellation.
5.7. These terms and conditions will supersede any others sought to be imposed by a purchaser or third party, unless specifically agreed to in writing.
5.8. AutoArt may licence or sub-licence all or any part of its rights and obligations under this contract without the buyer’s consent. However, the buyer will not be able to licence or sub-contract any part of his rights without AutoArt’s express prior written consent.
5.9. We may transfer information about you to our bankers/financiers for the purposes of providing services and for the following purposes: obtaining credit insurance; making credit reference agency searches; credit control; assessment and analysis, securitisation; and protecting our interests. We will provide you with details of our bankers and that of any credit reference agencies used on request.
5.10. This contract is subject to the law of England and Wales, and all disputes arising out of this contract shall be subject to the exclusive jurisdiction of the courts of England and Wales.
5.11. If we cannot enforce any condition in this agreement, it will not affect the validity of any of the other conditions in this agreement.