ACS Power Steering Store

These terms and conditions together with the documents referred to in them tell you the basis on which we will supply to you our goods (Goods) and services (Services). Please read these terms carefully before ordering any Goods or Services from us. By ordering any of the Goods or Services, you agree to be bound by these terms.

You should retain a copy of these terms for future reference.

INFORMATION ABOUT US

1.The Goods and Services are provided by ACS Power Steering Ltd ("we/us/our").

2.We are registered in England and Wales and have our registered office and main trading address at Unit 4a, Viking Park, Tame Valley Ind Est, Wilnecote, Tamworth, Staffs, B77 5DQ.

3.Our company number is 11109579 and our VAT registration is 284 1319 05.

YOU%u2019RE STATUS

4.By placing an order with us, you warrant that: you are legally capable of entering into binding contracts;

5.you are a Consumer, you are at least 18 years old;

6.The information you provide to us during the process of placing an order for Goods and/or Services is accurate, complete and not misleading.

APPLICATION

7.These terms and conditions apply to all sales of Goods and/or Services provided by us to you.

8.If you are purchasing Goods and/or Services via our website, no contract for the supply of Goods and/or Services (Contract) will come into existence until we dispatch the Goods, send you an email confirming that your Goods have been dispatched or start performing the Services (whichever is the earlier).

9.If you purchase Goods and/or Services by any means other than via our website, the Contract will not come into existence until either your order (however given) is accepted by the earliest of our written acknowledgement of order, delivery of the Goods or performance of the Services.

10.Each order for Goods and/or Services by you to us will be deemed to be an offer by you to purchase Goods and/or Services subject to these terms. Each order placed by you to us for Goods and/or Services and accepted by us will constitute a separate contract.

11.You must ensure that the terms of your order and any applicable specification are complete and accurate.

12.These terms will be incorporated in the Contract to the exclusion of all other terms and conditions. They supersede all prior dealings, negotiations, representations or agreements between us in respect of the subject-matter of the Contract whether written or oral.

13.No variation or amendment of this Contract will be valid unless in writing and signed by you and our authorised representative.

GOODS AND SERVICES

14.All brochures, specifications, drawings, catalogues, particulars, shapes, descriptions and illustrations, application guides and information, price lists and other advertising matter are intended only to present a general idea of the Goods and Services described in them.

15.We reserve the right to deliver Goods of a modified design provided that any difference does not make the Goods unsuitable for any purpose you have made known to us.

16.The Goods will conform in all material respects to any sample provided to and accepted by us. The Goods and Services will conform in all material respects with any specification provided to and accepted by us. We reserve the right to amend any design or specification without prior notification provided that it does not adversely affect the performance of the Goods and Services.

17.We retain all copyright and title to all documentation relating to Goods delivered to you by us. This documentation may only be used for the purposes intended in the Contract and not for any other purpose without our permission. It must be returned on demand.

18.Technical specifications are approximations unless specifically stated otherwise.

19.You will not remove, alter, deface, obfuscate or tamper with any of the trade marks, names or numbers affixed to or marked on the Goods nor allow anyone else to do so.

20.If the Goods are manufactured in accordance with any design or specification provided or made by you, you will compensate us in full on demand for all claims, expenses and liabilities of any nature in connection with them, including any claim, whether actual or alleged, that the design or specification infringes the rights of any third party.

21.We prohibit the audio or video recording of on-site professional or technical Services, or training and consultancy without the prior written consent.

CONSUMER RIGHTS

22.You may cancel a Contract at any time within 30 days, beginning on the day after you receive the Goods. In this case, you will receive a full refund of the price paid for the Goods in accordance with our refunds policy which is available on request. This right of cancellation does not apply to any Goods personalised or made to your specification

23.To cancel a Contract, you must inform us in writing. You must also return the Goods to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

24.You may cancel an order for Services by calling the telephone number of the supplying branch notified to you, within 30 days of the date of purchase, unless the Services begin sooner, in which case your right to terminate ends upon the date when performance of the Services starts.

25.Nothing in this clause affects your statutory rights.

PRICES

26.The prices of the Goods and Services will be as quoted in our marketing literature from time to time except in cases of obvious error. The prices may be altered at any time without notification to take into account any increase in our costs (including but not limited to the cost of materials, labour, transport or other overheads, any tax, duty or variation in exchange rates).

27.The prices that you pay for the Goods and Services will be those ruling (in the case of Goods) at the date of dispatch of the Goods or (in the case of Services) our confirmation of the start date of the Services. This clause will not apply to orders placed by you which have been acknowledged in writing by us in which case the prices quoted on the acknowledgement will apply.

28.We list prices as both inclusive and exclusive of VAT. All prices are exclusive of any other sales tax or duty that may be applicable which will be payable in addition to the price unless otherwise stated.

29.Unless otherwise specified, if you are a Business Customer, prices quoted include delivery to destinations in the United Kingdom and we will select the mode of transport. The entire cost of any other mode of transport which you may specify will be borne by you, as will delivery to locations outside of the United Kingdom. If you are a Consumer, the delivery costs will be quoted at the time you place your order for Goods.

30.In case of small orders we will be entitled to make a minimum order charge or to add a surcharge for delivery, details of which will be provided to you at the time of order acknowledgement.

31.No allowance will be credited for Goods collected from our premises by you rather than delivered by us.

32.You acknowledge that we stock a large number of Goods and list a large number of Services. It is always possible that, despite our best efforts, some prices may be incorrectly listed. We are under no obligation to provide Goods or Services to you at an incorrect, lower price, even after we have acknowledged your order or dispatched the Goods or started performance of the Services, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as mis-pricing.

PAYMENT

33.If you hold a credit account with us, payment of invoices will be made in full to us without deductions or set-off in accordance with the payment terms notified by us to you. You guarantee your creditworthiness in placing an order. If after confirmation of the order by us, doubts arise as to your creditworthiness, then all payments will become due immediately unless adequate security can be offered by you.

34.Where you do not hold a credit account with us, payment of invoices will be made in full to us without deductions or set-off in cash/guaranteed cheque/credit or debit card when order is placed or on delivery.

35.We reserve the right to charge a credit card surcharge if you elect to pay us by credit card.

36.Payments by credit or debit card will be accepted where the card holder is present in person at our premises or where the card in question has been verified on our website or by telephone order.

37.Without prejudice to any other rights that we may have (including the right to suspend any further deliveries or installation), if you fail to pay the invoice price by the due date we may charge you interest on any overdue amount from the date of which payment was due to that on which it is made (whether before or after judgment) on a daily basis in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and reimburse to us all costs and expenses (including legal costs) incurred in the collection of any overdue amount.

38.In the event of a cheque not being cleared by our bank and being represented or returned to the drawer, we may charge a fee of £25 for each cheque so returned to cover bank charges and administration costs.

DELIVERY

39.The Goods are delivered to you when we make them available to you at a delivery point agreed by us.

40.Time of delivery will not be of the essence and any delivery date is an estimate only. We will use all reasonable endeavors to avoid late deliveries. You will have the right to cancel any order without liability to us if delivery is more than 30 days late.

41.The quantity of any consignment of Goods as recorded by us upon dispatch from our place of business will be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.

42.We will not be liable for any non-delivery of Goods (even if caused by our negligence) unless written notice is given to us within 10 days of the date when the Goods would in the ordinary course of events have been received.

43.Our liability for non-delivery of the Goods will be limited to, at our discretion, replacing the Goods within a reasonable time, issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods or a refund of the purchase price paid.

44.Any claim that any Goods have been delivered damaged or do not materially comply with their description will be notified by you to us and (where appropriate, to the carrier) within 7 days of their delivery.

45.If you fail to take delivery of the Goods or accept performance of the Services or any part thereof at the time agreed for delivery then we will be entitled to cancel or suspend such delivery and all other outstanding deliveries and to charge you for the loss suffered.

STORAGE

46.If you fail to take delivery of the Goods when they are ready for delivery we may, at our option, either store them ourselves or have them stored by third parties on such terms as we may in our own discretion think fit. In any event the cost of storage will be borne by you.

RISK AND TITLE

47.Risk in the Goods passes when they are delivered to you.

48.You will insure the Goods against theft or any damage howsoever caused until their price has been paid in full.

49.For the purpose of the Sale of Goods Act 1979 we will transfer only such title or rights in respect of the Goods as we have and if the Goods are purchased from a third party will transfer only such title or rights as that party had and has transferred to us.

50.Passing of title in the Goods will remain with us and will not pass to you until the amount due under the invoice for them or any other outstanding invoice from us to you (including interest and costs) has been paid in full.

51.We may maintain an action for the price of any Goods notwithstanding that title in them has not passed to you.

52.Until ownership of the Goods has passed to you, you must:

53.hold the Goods on a fiduciary basis as our bailee;

54.store the Goods (at no cost to us) separately from all other products belonging to you or any third party in such a way that they remain readily identifiable as our property;

55.not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods;

56.maintain the Goods in satisfactory condition and keep them insured on our behalf for their full price against all risks to our reasonable satisfaction. On request you will produce the policy of insurance to us; and

57.hold the proceeds of the insurance on trust for us and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.

58.You may resell the Goods before ownership has passed to you solely on the following basis:

59.any sale will be effected in the ordinary course of your business at full market value; and

60.any such sale will be a sale of our property on your own behalf and you will deal as principal when making such a sale.

61.Your right to possession of the Goods will terminate immediately if:

62.you (being an individual) have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force 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) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of your undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency in any jurisdiction; or

63.you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you, or fail to observe/perform any of your obligations under the Contract or any other contract between us and you, or are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or

64.You encumber or in any way charge any of the Goods; or anything analogous to the foregoing occurs in any other jurisdiction.

WARRANTY

65.If Goods become faulty during the period of the Warranty for reasons unconnected with your acts, omissions or misuse of the Goods, you must return such Goods to us. We will repair (or at our option) replace such Goods with the same or superior Goods, without charge. If Goods become faulty after expiry of the Warranty, and you request that we replace or repair such Goods, then we shall charge our then standard list price for such repair or replacement.

66.Your sole remedy in respect of a failure of the Goods to comply with the Warranty is as set out in the Warranty Conditions.

67.We will be afforded reasonable opportunity and facilities to investigate any claims made under the Warranty and you will if so requested in writing by us promptly return any Goods the subject of any claim and any packing materials securely packed and carriage paid to us for examination.

68.We will have no liability with regard to any claim in respect of which you have not complied with the claims procedures in the Warranty Conditions.

69.Our warranty covers a repair (or at our option) replacement unit only. We do not under any circumstances cover labour, car hire, loss of earnings, inconvenience or any other costs that may occur.

REFUNDS POLICY

70.When you return Goods to us:

71.because you cancelled the Contract (22) (Consumer Rights), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case we will refund the price of the Goods to be returned in full, including the cost of sending the Goods to you. However, you will be responsible for the cost of returning the Goods to us;

72.for any other reason, we will examine the returned Goods and will notify you via e-mail within a reasonable time of any refund to which you are entitled. We will usually process the refund due to you as soon as possible thereafter. Goods returned to us because they fail to comply with the Warranty will be refunded in accordance with the provisions of the Warranty Conditions.

73.We will normally refund any money received from you using the same method originally used by you to pay for your purchase.

EXCHANGE UNIT SURCHARGES

74.Where service exchange units are purchased, you will be invoiced with a sum referred to as a surcharge which is in respect of the old unit.