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Terms & Conditions


PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PLACING AN ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE.

 

The Short Version:

Midwest complies with all known UK consumer Laws and EU directives.

 

For more details please see below;

 

The Long Version:

Contents:

1.       Summary

2.       Format of the Contract

3.       Description, Quotations and Price of the Goods

4.       Statuary Rights

5.       Buyers Terms

6.       Unfair Contract Terms

7.       Payment

8.       Delivery

9.       Reservation of Title

10.    Title for Business Customers

11.    Buyers Right of Cancellation

12.    Returns

13.    Fitness of Purpose

14.    Damage or Shortage

15.    Warranty

16.    Limitation of Liability

17.    Data Protection

18.    Images & Image Usage

19.    Return Address

 

1.             Summary

1.2                          Midwest Motor Factors

1.3          Supply goods and service only subject to these terms and any person (hereinafter called “the Buyer”) supplied by

1.4                          Midwest Motor Factors

1.5          accepts that these terms and conditions will govern all contractual relations between them to the exclusion of any terms contained in any of the Buyers terms.

1.6          No employee or other person acting or purporting to act on behalf of the Company is authorised to agree of affect any alteration in these terms or make or give any representation or warranty in relation to the goods or services, that only of a Partner, Principle, or Director of the Company may in writing agree such alterations or make or give such representation or warranties.

 

2.             Format of the Contract

2.1          These terms of sales apply to all goods supplied by Arnold Clark Automobiles Limited trading as Midwest Motor Factors and midwestmotorfactors.com whose registered office is at 454 Hillington Road, Glasgow, G52 4FH. Registered in Scotland No. 36386 / VAT Registration No. GB 334331879.

2.2          No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order.

2.3          An acceptance of your order to buy the goods will be sent shortly after your order. However, the Company reserves the right to terminate the contract in the event that the goods are unavailable, mispriced or cleared funds are not received.

2.4          The contact is subject to your right of cancellation (see below).

2.5          The supplier may change these terms of sale without notice to you in relation to future sales.

 

3.             Description, Quotations and Price of the Goods:

3.1          The description and price of the goods the Buyer orders will be shown as on the Supplier’s website at the time you place your order.

3.2          Quotations do not constitute as an offer and shall not bind the Company until an order has been placed and accepted. The Company reserve the right to alter or refuse or accept a previous quotation due to the goods being subject to price alteration until an order of purchase has been accepted.

3.3          The goods are subject to availability. If on the receipt of the Buyers order the goods that have been ordered are not available in stock the Company will not accept the Buyers order. If after acceptance or job order the Supplier discovers within [14 days] of our acceptance of the Buyers order that the goods are unavailable we may terminate the contract and refund or re-credit you for any sum that has been paid by the Buyer or debited from the Buyers credit cards for the goods.

3.4          Every effort is made to ensure that prices shown on the Supplier’s website are accurate at the time you place your order. If an error is found within [14 days] of accepting your order, the Supplier will inform the Buyer as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within [14 days] of informing the Buyer of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically after [14 days] due to expiry of the [14 days] passing period, the supplier will refund or re-credit the Buyer for any sum that has been paid by the Buyer or debited from the Buyers credit card for the goods.

3.5          Prices shall be as ruling at the date of dispatch. Prices may be increased by the Company to the extent necessary to enable the Company to cover increasing costs incurred by the Company prior to the date of dispatch.

3.6          In addition to the price, you may be required to pay a delivery charge for your goods.

 

4.             Statuary Rights

4.1          All orders whether oral or written are subject to these terms but nothing in these terms shall be deemed to affect the statuary rights of the buyer.

 

5.             Buyers Terms

5.1          The Company does not recognise any terms and conditions of the contract supplied by the Buyer unless any such terms and conditions are specifically acknowledged and agreed in writing by a Principle, Partner, or Director of the Company. Execution of, compliance with, or implementation of orders does not imply acceptance of the Buyers terms and conditions.

 

6.             Unfair Contract Terms

6.1          The Company has drawn these terms of Business in the light of the Unfair Contract Terms Act 1977 and considers them to be fair and reasonable and its prices are based on contracts made on these conditions. If the Buyer considers these terms to be unreasonable then the Buyer must inform the Company in writing before any contract is made, otherwise the Buyer will be deemed to have accepted the Company’s terms as fair and reasonable.

 

7.             Payment

7.1          Payment for the goods and delivery charges can be made by any method shown on the Suppliers website at the time you place your order. Payment shall be due before the delivery date and time for the payment shall be a fundamental term of this agreement, breach of which shall entitle the Company to terminate the contract immediately.

 

8.             Delivery

8.1          The goods you order will be delivered either via TNT Express National, Yodel, International Service, small items under 0.5kg will be delivered via Royal Mail recorded service, both services used will deliver to the address you give when you place your order.

8.2          Please allow 2 working days for the orders to be processed, provided no additional security checks are required and all item are available in stock. (A working day is any day other than a weekend, bank or other public holidays).

8.3          If delivery cannot be made to your address for reasons out of the Suppliers Control the Supplier will inform the Buyer as soon as possible.

8.4          If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances out of control of the Supplier) then without prejudice to any other right or remedy available to the Supplier, the Company may:

                8.4.1       store the goods until actual delivery and charge the Buyer for reasonable costs (including insurance) of storage; or

                8.4.2       sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account the Buyer for any excess over the price the Buyer agreed to pay for the goods or charge the Buyer for any shortfall below the price the Buyer agreed to pay for the goods.

8.5          If the Buyer fails to take deliver because the Buyer has cancelled the contract under Distance Selling Regulations the Supplier shall refund or re-credit the Buyer within [30 days] for any sum that has been paid by the Buyer or debited from the Buyers credit card for the goods. On exercising the Buyers right to cancel, the Buyer shall be required to return the goods to the supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.

8.6          Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.

8.7          Upon receipt of your order you will be asked again to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your order at the point of delivery then please sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty claims that you make thereafter.

 

 

9.             Reservation of Title

9.1          The goods are at the Buyers own risk from the time of delivery.

9.2          Ownership of the goods shall not pass to the Buyer until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:

                9.2.1       the goods, and

                9.2.2       all other sums which are or which become due to the Supplier from the Buyer on any account.

9.3          The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.

 

10.          Title for Business Customers

10.1        If you are a business customer until ownership of the goods has passed to you, you must:

                10.1.1     store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Suppliers property;

10.1.2     do not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Suppliers behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request the Buyer shall produce the policy of insurance to the Supplier; and

10.1.3     hold proceeds of the insurance referred to in condition 10.1.2 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn back account.

10.2        If you are a business customer your right to possession of the goods shall terminate immediately if:

                10.2.1     the Buyer has a bankruptcy order made against them or made arrangements or composition with the creditors, or otherwise take the benefit of any statuary provision for the time being forced for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) expect a solvent voluntary liquidation for the purpose only of reconstruction or alignment, or have a receiver and/or manager, administrator or administrative receiver appointed to its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for the Buyer winding up or for the granting of an administrators order in respect of the Buyer, or any proceedings that are commenced relating to your insolvency or possible insolvency; or

                10.2.2     You suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against the Buyer or allow the Buyer to be unable to pay their debts within the meaning of section123 of the Insolvency Act 1986 or the Buyer ceases trade; or

10.2.3     the Buyer encumbers or in anyway changes any of the goods.

 

11.          The Buyers Right of Cancellation

11.1        The Buyers have the right to cancel the contract at any time up to [10 days] after you receive the goods (see below). Please note that this policy has some limitations and does not apply to business customers.

11.2        To exercise the Buyers right of cancellation, the Buyer must give written notice to the Supplier by hand post or email, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.

11.3        Except in the case of faulty or mis-described goods, if the Buyer exercises the right of cancellation after the goods have been delivered to the Buyer, the Buyer will be responsible for returning the goods to the Supplier at the Buyers own cost. The goods must be returned to the address shown within the Returns Line section of the website. The Buyer must take reasonable care to ensure that the goods are not damaged in the meantime or in transit. In the event of faulty or mis-described goods the Company shall after receiving notification in accordance with clause 14.3 or 14.4, either collect the goods from the Buyer or ask the Buyer to return the goods their-selves and possibly refund the Buyer reasonable postage costs.

11.4        Once the Buyer has given notice to the Supplier that the Buyer is cancelling the contract, the Supplier shall refund or re-credit the Buyer within [30 days] for any sum that has been paid by the Buyer or debited from the Buyers credit card for the goods.

11.5        Except in the case of faulty or mis-described goods, if the Buyer does not return the goods as required then, the supplier may charge the Buyer for a sum not exceeding the direct costs of recovering the goods.

 

12.          Returns

12.1        Goods specifically ordered or made cannot be accepted for credit. Goods correctly supplied may only be returned if accompanied by the relevant invoice details. Goods returned after a period of [30 days] may only be accepted with the authority of a Manager, Partner, or Director of the Company and will be subject to a handling charge of 15% of the price charged to the Buyer.

 

13.          Fitness for Purpose

13.1        The Company takes every care with regard to the quality and standard of the manufacture of the goods it supplies as far as it is able to. However as the goods are used for multiplicity of purposes, and the Company has no control over the method of their application or use, the Company excludes so far as it may legally do so any condition or warranty implied by statue or otherwise as to the fitness of the goods for any particular purpose. Any technical co-operation between the Company, its Suppliers, or the Buyers shall not affect this condition.

13.2        Under no circumstances shall the Company be liable for any loss of profit or contacts or other consequential loss or damage on the part of the Buyers however caused.

 

14.          Damage or Shortage

14.1        Damage or Shortage of goods found by the Buyer must be notified to the Company within [3 days].

14.2        Failure to do so will free the Company from any liability in this respect.

 

15.          Warranty

15.1        All goods supplied by the Company are warranted free from defects for [12 months] from the date of purchase and supply (unless otherwise stated). This warranty does not affect your statuary rights as a consumer.

15.2        This warranty does not apply to any defect in the goods used arising from fair wear and tear, wilful damage, accident, negligence by the Buyer or any third party, use otherwise than recommended by the Company/Supplier, failure to follow the Suppliers instructions, or any alteration or repair carried out without the Suppliers approval.

15.3        If the goods supplied to the Buyer are damaged on delivery, the Buyer should notify the Supplier in writing via an email within [7 working days]. (Please note that this is [48 hours] for our business customers).

15.4        If the goods supplied to the Buyer develop a defect while under warranty or the Buyer has any other complaint about the goods, the Buyer should notify the Supplier in writing via an email, as soon as possible, but in any event within [14 days] of the date the Buyer discovered or ought to have discovered the damage, defect or complaint.

 

16.          Limitation of Liability

16.1        Subject to 16.2 below, if the Buyer is a consumer of the Supplier they shall not be liable to the Buyer for any loss or damage in circumstances where:

                16.1.1     there is breach of a legal duty owed to the Buyer by the supplier or by its employees or agents;

                16.1.2     such loss or damage is not a reasonably foreseeable result of any such breach;

                16.1.3     any increase in loss or damage resulting from a breach by the Buyers of any term of this contract.

16.2        Nothing in these conditions excludes or limits the liability of the Supplier from death or personal injury caused by the supplier’s negligence or fraudulent misrepresentation.

16.3        If the Buyer is a business customer the Supplier shall not be liable to the Buyer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise outside of or in connection with this agreement.

 

17.          Data Protection

17.1        The Company will take all reasonable precautions to keep the details of your order and payment secure but unless the Company is negligent, the Company will not be liable for unauthorised access to information supplied by customers. We do not store credit card details, nor does the Company share details with any third parties. This is kept to be compliant with the ‘Data Protection Act 1998’.

 

18.          Images & Image Use

18.1        Product images on this website are used for illustrative purposes only and may differ from the actual product.

 

19.          Return Address

Unit 25

Etruria Way,

Barton Industrial Estate,

Bilston,

Wolverhampton,

WV14 7LH

 

These terms of sale and the supply of goods will be subject to English law and the English courts will have jurisdiction in respect to any dispute arising from the contract, in the event that consumers reside in Scotland, then they shall have the right to insist upon these terms being construed in accordance with the law of Scotland and to submit to the jurisdiction of Scottish courts.

 

Arnold Clark Automobiles Limited trading as Midwest Motor Factors and midwestmotorfactors.com whose registered office is at 454 Hillington Road, Glasgow, G52 4FH. Registered in Scotland No. 36386 / VAT Registration No. GB 334331879.

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