1.1 In these conditions 'the Seller' means M Parts Ltd and 'the Buyer' means the person, firm or company placing an order for goods or services, which are subject to these terms and conditions which are not variable except in writing signed by the Seller.
1.2 These conditions of sale together with the particulars contained in the order acceptance, save where stated otherwise and any special conditions agreed by the Seller in writing constitute the entire contract between the Buyer and the Seller. Periods of time referred to in these conditions of sale shall be of the essence.
1.3 Nothing contained in these Terms and Conditions shall affect the statutory rights of the Buyer as a consumer.
2.1 All quotations by the Seller represent an invitation to the Buyer to place an order and do not constitute a legal offer. The purchase order will be regarded as the offer and the Seller's order acceptance will be regarded as binding. No alternative terms and conditions will be considered or accepted by the Seller.
2.2 All prices are quoted without commitment and are subject to alteration or withdrawal by the Seller without prior notice. Orders can only be accepted on condition that the prices charged are those ruling at the date of despatch unless the Seller specifically agrees in writing to engage a fixed price contract.
3.1 By placing an order through our site, the Buyer warrants that:
3.1.1 The Buyer is legally capable of entering into binding contracts; and
3.1.2 The Buyer is at least 18 years old.
3.2 After placing an order, the Buyer will receive an email from the Seller acknowledging that the Seller has received the order. Please note that this does not mean that the order has been accepted. The order constitutes an offer to the Seller to buy goods. All orders are subject to acceptance by the Seller who will confirm such acceptance to the Buyer by sending an email that confirms that the relevant goods have been dispatched (the 'Dispatch Confirmation'). The contract between the Buyer and Seller (the 'Contract') will only be formed when the Seller sends the Dispatch Confirmation.
3.3 The Contract will relate only to those goods whose dispatch the Seller has confirmed in the Dispatch Confirmation. The Seller will not be obliged to supply any other goods which may have been part of the Buyer's order until the dispatch of such goods has been confirmed in a separate Dispatch Confirmation.
3.4 All orders for goods will be completed within 30 days wherever possible. Should the order not be completed within 30 days then the Buyer has the right to cancel the order without any additional charges.
4. Transfer of Rights and Obligations
4.1 The contract between the Buyer and Seller is binding on the buyer and seller and on the Buyer's and Seller's respective successors and assigns. The Buyer may not transfer, assign, charge or otherwise dispose of a Contract, or any of the Buyer's rights or obligations arising under it, without the Seller's prior written consent, such consent not to be unreasonably withheld or delayed. The Seller may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
5. Retention of Title
5.1 The goods shall remain the property of the Seller until full payment has been received or until prior resale in which case the beneficial and legal entitlement of the Seller shall attach to the proceeds of the resale or to the claim on those proceeds.
5.2 Title to the goods and responsibility for them shall transfer to the Buyer on delivery save that where goods are collected from the Seller by the Buyer or a third party nominated by the Buyer the risk in the goods passes to the Buyer upon collection.
5.3 Upon taking possession of the goods the Buyer shall act as a bailee of the goods for the Seller until title has passed to the Buyer and shall store the goods upon its premises separately from its own goods, and shall clearly mark its goods, so that they are clearly identifiable as the goods of the Seller.
5.4 The Buyer's right to possession of the goods will cease at the earliest of the following date:
5.4.1. On expiration of any agreed period of credit or the due date for payment of any invoice has passed
5.4.2. If being an individual he commits an act of bankruptcy or makes a proposal to his creditors or does anything which would entitle a petition for a bankruptcy order to be made, or the Seller believes on reasonable grounds that the same is likely to occur.
5.4.3. If being a company it goes into liquidation or does anything or fails to do anything which would entitle a receiver to take possession of any assets or which would entitle any person to present a petition for winding up or to apply for an Administration Order, or the Seller believes on reasonable grounds that the same is likely to occur.
5.4.4. If the Buyer does or fails to do anything which may in any way imperil the title of the Seller to the goods.
5.5. The Seller will have the right if paragraphs 5.1, 5.2, 5.3 or 5.4 apply:
1. To repossess the goods.
2. To use or sell all or any of the goods.
3. To enter any premises of the Buyer for the aforesaid purposes
6. Stock Shortages
6.1 If the goods ordered are unavailable the Seller will notify the Buyer as soon as possible and suggest a suitable replacement.
6.2 The Seller reserves the right to substitute products of a similar description and standard if the requested goods are not available but will use reasonable endeavours to match the order exactly. In the unlikely event of the Buyer receiving a substituted product the Buyer shall be entitled to return the goods for a full refund within 10 working days from the date of delivery should the substituted product not be acceptable and in such a case the Seller shall pay the delivery costs.
7.1 The Seller warrants that any goods purchased from through the website are of satisfactory quality and fit for all the purposes for which goods of the kind are commonly supplied.
7.2 Under no circumstances, except in respect of death or personal injury caused by the Seller's negligence does the Seller accept liability for consequential loss, damage costs or expenses, howsoever arising and any liability for any such consequential loss damage is hereby specifically excluded. Should a claim be made the Seller’s liability is limited to value of the order placed by the Buyer.
7.3 This does not include or limit in any way the Seller's liability:
7.3.1 for death or personal injury caused by the Seller's negligence;
7.3.2 under section 2(3) of the Consumer Protection Act 1987;
7.3.3 for fraud or fraudulent misrepresentation; or
7.3.4 for any matter for which it would be illegal for the Seller to exclude or attempt to exclude, their liability.
7.4 The Seller is not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by the Buyer and the Seller, including but not limited to: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data or waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
8. Returns and Cancellation of Order
8.1 The Seller cannot accept responsibility for any damage to the goods or any other deviation from the contracted specification unless reported to the Seller in writing within seven calendar days following delivery. The right to bring a claim against the Seller shall lapse upon expiry of this period.
8.2 The Seller shall not be liable to the Buyer for short delivery of the goods however caused but will provide the Seller with the outstanding goods as soon as is reasonably practical following notification sent by the Buyer.
8.3 Subject to clause 8.1 any defective goods must be returned by the Buyer within seven days of delivery. The Seller will pay the cost of transport of the goods.
8.4 The Buyer cannot change or cancel the order once accepted by the Seller if the goods ordered are manufactured, ordered or custom made to the Buyer's requirements or specifications, as these goods will not be resalable by the Seller.
8.5 The Seller may cancel the contract if the price quoted becomes uneconomic, or if the goods or the finish contracted for becomes unavailable.
9. Defective Goods
9.1 If on delivery any of the Goods are defective in any material respect and either the Buyer lawfully refuses delivery of the defective Goods or, if they are signed for on delivery "condition and contents unknown" the Buyer gives written notice of such defect to the Seller within three business days of such delivery, the Seller shall at its option:
9.1.1 Replace the defective Goods within 56 days of receiving the Buyer's notice or
9.1.2 Refund to the Buyer the price for the goods which are defective
The Seller shall have no further liability to the Buyer in respect thereof and the Buyer may not reject the Goods if delivery is not refused or notice give by the Buyer as aforesaid.
9.2 No Goods may be returned to the Seller without the prior agreement in writing of the Seller. Subject thereto any Goods returned which the Seller is satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection shall either be replaced free of charge or, at the Seller's sole discretion the Seller shall refund or credit to the Buyer the price of such defective Goods but the Seller shall have no further liability to the Buyer.
9.3 The Seller shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to normal conditions, failure to follow the Seller's instructions (whether oral or in writing), misuse or alteration of the Goods without the Seller's approval, or any other act or omission on the part of the Buyer, its employees or agents or any third party.
9.4 Goods, other than defective Goods returned under Conditions 9.1 or 9.2, returned by the Buyer and accepted by the Seller may be credited to the Buyer at the Seller's sole discretion and without any obligation on the part of the Seller.
9.5 Subject as expressly provided in these Conditions, and except where the Goods are sold under a consumer sale, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
9.6 The Buyer shall be responsible to ensure that, except to the extent that instructions as to the use or sale of the Goods are contained in the packaging or labelling of the Goods, any use or sale of the Goods by the Buyer is in compliance with all applicable statutory handling and sale of the Goods by the Buyer is carried out in accordance with directions given by the Seller or any competent governmental or regulatory authority and the Buyer will indemnify the Seller against any liability loss or damage which the Seller might suffer as a result of the Buyer's failure to comply with this condition.
10 Use of Cards
10.1 By placing an order the Buyer authorises the Seller at its discretion to carry out a credit reference or other enquiry upon the Buyer's financial status as the Seller thinks fit and the Buyer agrees to provide such written authorisation as may be required for purposes of such enquiry and in the absence of such authorisation the Seller will be unable to process the Buyer's order.
10.2 The Buyer warrants that all details provided on the order form for the purpose of purchasing the goods are correct, that the credit and/or debit card they are using is their own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the goods.
11.1 No statement, description, or recommendation contained in any catalogue, price list, advertisement, communication, website page or by any agent or employee of the Seller shall be interpreted so as to enlarge, vary or override in any way any of these terms or conditions.
12.1 If any part of these terms and conditions is unenforceable including any provision in which the Seller excludes liability to the Buyer the enforceability of any other of these conditions of sale will not be affected.
13. Events Outside the Seller's Control
13.1 The Seller will not be liable or responsible for any failure to perform, or delay in performance of, any of the Seller's obligations under a Contract that is caused by events outside the Seller's reasonable control ('Force Majeure Event').
13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond the Seller's reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action; 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; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government.
13.3 The Seller's performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and the Seller will have an extension of time for performance for the duration of that period. The Seller will use reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which the Seller's obligations under the Contract may be performed despite the Force Majeure Event.
15. Right To Vary These Terms And Conditions
15.1 The Seller retains the right to revise and amend these terms and conditions from time to time.
15.2 The Buyer will be subject to the policies and terms and conditions in force at the time that the Buyer orders goods from the Seller, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by the Buyer), or if the Seller notifies the Buyer of the change to those policies or these terms and conditions before the Seller sends the Dispatch Confirmation to the Buyer (in which case the Seller has the right to assume that the Buyer has accepted the change to the terms and conditions, unless the Buyer notifies the Seller to the contrary within the Cancellation Period).
16. Third Party Rights
16.1 Except for the Seller's affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contacts (Right of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart form that Act.
17. Governing Law
17.1 This contract is subject to the law of England & Wales and the exclusive jurisdiction of the courts of England & Wales.
Company Number 4765558
Registered as M Parts Ltd
Albion Works, Vale Business Park,
Cowbridge, Vale of Glamorgan. CF71 7PF
Tel: 01446 775293
The offices are open as follows:
Monday - Friday: 9.30 am - 5.00 pm