You agree that all information or data of any kind, shall be the sole responsibility of the person providing the content enquiry form or any other information when submitting an order or an enquiry.
Any missing items from your order should be reported to 01706 220555 within 24 hours of receipt. We cannot accept responsibility for any missing items after this time.
Your Item does not fit:
If the item you have chosen does not fit your car and this is due to selecting the incorrect product then you can return it to us for a refund minus a handling charge of 20%. The shipping costs will be your responsibility. Please note, the item must be in a resalable condition . A refund will be issued once the item has been received and checked.
Why do we charge 20% handling charge?
If a product comes back due to being wrongly selected for the vehicle. Alot of time is spent checking the condition of the product, re-stocking the product, making sure it is fit for purpose, amending the original invoice and crediting the account.
If you are not there to receive your item:
Your contact details are passed on to our courier. If you are not in when they attempt delivery they will try to contact you. If they cannot deliver on that occasion the item will be taken to the nearest depot and you will need to make arrangements directly with them. We provide all details of tracking numbers and contact information with your order. If you do not make arrangements within 5 working days your item will be returned to us and you will be asked to pay for shipping again before we can arrange the re-delivery of your goods.
JY Auto Electrics Limited ĖTerms & Conditions of Sale
1. DEFINITIONS AND INTERPRETATIONS
1.1 In these conditions:- "Buyer" means the person who buys or agrees to buy the goods from JY Auto Electrics Ltd; "Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the authorised representative of JY Auto Electrics Ltd; "Contract" means the agreement for the purchase and sale of the Goods; "Delivery Date" means the date specified by JY Auto Electrics Ltd when the goods are to be delivered; "Goods" means the goods which the Buyer agrees to buy from JY Auto Electrics Ltd specified on the order form to which these conditions are attached; "Price" means the price for the Goods excluding carriage, packing, insurance and VAT; "JY Auto Electrics" means JY Auto Electrics Ltd whose registered office is at Wilsons Park, Monsall Road, Newton Heath, Manchester, M40 8WN; "VAT" means value added tax or any other purchase tax or levy replacing it from time to time
2. CONDITIONS APPLICABLE
2.1 These Conditions shall apply to every Contract for the supply and installation of Goods by JY Auto Electrics to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may seek to apply under any purchase order, confirmation of order or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions and acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions.
2.3 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by JY Auto Electrics.
2.4 JY Auto Electricís employees or agents are not authorised to make any representations concerning the Goods unless confirmed by JY Auto Electrics in writing. In entering into the Contract the Buyer acknowledges that it does not rely on and waives any claim for breach of any such representations which are not confirmed in writing.
2.5 Any typographical, clerical or other error or omission in any sales literature, quotations, price lists, acceptance of offer, invoice or other information issued by JY Auto Electrics may be corrected by JY Auto Electrics without any liability on its part.
3. ORDERS AND SPECIFICATIONS
3.1 The quantity, quality and description of any specification for the Goods shall be those set out in JY Auto Electrics quotation (if accepted by the Buyer) or the Buyer's order (if accepted by JY Auto Electrics).
3.2 JY Auto Electrics may, from time to time, make changes in the specification of the Goods which are required to comply with any applicable safety or statutory requirements; or, which do not materially affect the quality or fitness for purpose of the Goods.
3.3 No order which has been accepted by JY Auto Electrics may be cancelled by the Buyer, except with the agreement in writing of JY Auto Electrics. If the Buyer cancels he shall indemnify JY Auto Electrics in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by JY Auto Electrics as a result of cancellation.
4. THE PRICE
4.1 The Prices in the official confirmation are fixed for the duration of the contract. Any delay requested by the Buyer resulting in JY Auto Electrics suffering material or labour cost increases prior to delivery will be recoverable by JY Auto Electrics from the Buyer plus any attributable profit margin. The Price is exclusive of VAT which shall be due at the rate ruling on the date of JY Auto Electricís invoice.
4.2 JY Auto Electrics reserves the right, by giving notice to the Buyer at any time before delivery, to increase the Price of the Goods to reflect any increase in the cost to JY Auto Electrics which is due to any factor beyond the control of JY Auto Electrics, any change in delivery dates, quantities of specifications for the Goods which is requested by the Buyer, or any delay caused by instructions of the Buyer or failure of the Buyer to give JY Auto Electrics adequate information or instructions.
5.1 Payment is due from the Buyer to JY Auto Electrics within 30 days of the date of the invoice issued by JY Auto Electrics.
5.2 JY Auto Electrics may charge the Buyer interest (both before and after judgement) on any amount unpaid at the rate of 4% per annum above the National Westminster Bank Plc base rate from time to time (or the same rate of another clearing bank notified by JY Auto Electrics to the Buyer) until payment is made in full.†
6. INTELLECTUAL PROPERTY
6.1 The specifications and designs of the Goods (including the copyright, design right and other intellectual property in them) shall as between the parties be the property of JY Auto Electrics.
6.2 No right or licence is granted by this Contract to the Buyer under any patent, trademark, registered design or other intellectual property right, except the right to use or resell the Goods.
7. DELIVERY OF THE GOODS
7.1 Delivery and installation of the Goods shall be made to the Buyer's address on the Delivery Date. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7.2 JY Auto Electrics shall not be liable for any loss or damage whatever due to failure by JY Auto Electrics to deliver the Goods (or any of them) promptly. Time for delivery shall not be of the essence of the Contract.
7.3 Notwithstanding that JY Auto Electrics may have delayed or failed to deliver the Goods (or any of them) promptly, the Buyer shall be bound to accept delivery and to pay for the Goods in full, provided that delivery shall be tendered at any time within two months of the Delivery Date.
7.4 It shall be the responsibility of the Buyer to check the Goods upon delivery for any missing Goods or part(s) thereof ("missing items"). If there are any missing items upon delivery the Buyer shall notify the driver of the delivery vehicle immediately and the Buyer and the driver shall make a written record of the missing items on the delivery note and both the Buyer and the driver shall sign the note. JY Auto Electrics will replace such missing items free of charge within a reasonable time (time not being of the essence).
8. ACCEPTANCE OF THE GOODS
8.1 The Buyer shall be deemed to have accepted the Goods at the expiry of three working days after delivery of the Goods to the Buyer.
8.2 After acceptance the Buyer shall not be entitled to reject the Goods.
9. DAMAGED GOODS
9.1 If, within seven days of the Delivery Date, the Buyer shall discover that any of the Goods were damaged or defective on delivery, such damage or defects being the responsibility of JY Auto Electrics, then only the following provisions alone shall apply:-
9.1.1 The Buyer will notify JY Auto Electrics in writing of the alleged damage or defect within those seven days.
9.1.2 The Buyer will return, at the Buyer's cost, the damaged or defective Goods to JY Auto Electrics for inspection.
9.2 If, in the sole opinion of JY Auto Electrics, the damaged or defective Goods are not in accordance with this Contract and should be replaced by JY Auto Electrics, due to the damage or defect being the responsibility of JY Auto Electrics, JY Auto Electrics will, within a reasonable time:-
9.2.1 replace or repair the damaged or defective Goods at its cost;
9.2.2 deliver the replacement Goods to the Buyer at JY Auto Electricís cost.
9.3 If the Buyer requires an urgent replacement of defective or damaged Goods and requests JY Auto Electrics, in writing, to replace the Goods before the Goods have been returned to JY Auto Electrics, then the following procedure shall apply:-
9.23.1 JY Auto Electrics will deliver the replacement Goods within a reasonable time.
9.3.2 JY Auto Electrics will send an invoice for the replacement Goods to the Buyer for the cost of the replacement Goods and delivery.
9.4 Upon the Buyer returning the defective or damaged Goods, if in the sole opinion of JY Auto Electrics the returned Goods are damaged or defective so as not to be in accordance with this Contract and are the responsibility of JY Auto Electrics, JY Auto Electrics will issue a credit note to the Buyer for the invoice referred to in 9.2.2 ante and refund the return costs of the Buyer
9.5 If the Buyer is unable to return the Goods to JY Auto Electrics, JY Auto Electrics may at its sole discretion agree to attend at the Buyerís address at which the Goods were installed in order fulfill its obligations under clauses 9.2.1 and 9.2.2.†
10. TITLE AND RISK
10.1 The Goods shall be at the Buyer's risk as from delivery
10.2 In spite of delivery having been made, ownership of the Goods shall not pass from JY Auto Electrics until:
10.2.1 the Buyer shall have paid the Price plus VAT in full; and
10.2.2 no other sums whatever shall be due from the Buyer to JY Auto Electrics.
10.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the JY Auto Electricís fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller's property, but the Buyer shall be entitled to resell or use the Goods in the ordinary course of its business.
10.4 JY Auto Electrics shall be entitled to recover the Price (plus VAT) notwithstanding that ownership in any of the Goods has not passed from JY Auto Electrics to the Buyer.
10.5 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), JY Auto Electrics shall be entitled at any time to require the Buyer to deliver up the Goods to JY Auto Electrics and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
10.6 The Buyer shall not pledge, or in any way charge by way of security for any indebtedness, any of the Goods which are the property of JY Auto Electrics. Without prejudice to the rights of JY Auto Electrics, if the Buyer does so, all sums whatever owing by the Buyer to JY Auto Electrics shall forthwith become due and payable.
10.7 The Buyer shall insure and keep insured the Goods to the full price against "all risks" to the reasonable satisfaction of JY Auto Electrics until the date that the ownership in the Goods passes from JY Auto Electrics and shall whenever requested by JY Auto Electrics produce reasonable evidence of the policy of insurance. Without prejudice to the other rights of JY Auto Electrics, if the Buyer fails to do so, all sums whatever owing by the Buyer to JY Auto Electrics shall forthwith become due and payable.
11. WARRANTIES AND LIABILITIES
11.1 Subject to the terms set out below JY Auto Electrics will provide a three year warranty in respect of the Goods, such warranty to be limited to the warranty provided by the manufacturer of the Goods.
11.2 Except in respect of death or personal injury caused by JY Auto Electricís negligence, JY Auto Electrics shall not be liable to the Buyer by reason of representation, or any implied warranty, condition or other term , or any duty at common law, or under express terms of the Contract for any consequential loss or damage ( whether for loss of profit or otherwise) costs, expenses or other claims for consequential compensation whatsoever (and whether caused by negligence of JY Auto Electrics, its employees, agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer except as expressly provided in these Conditions.
11.3 Where any valid claim in respect of any of the Goods is based on a defect in the quality or condition of the Goods or their failureto meet specification is notified to JY Auto Electrics then JY Auto Electrics shall be entitled to replace the Goods (or the part in question) free of charge or, at JY Auto Electricís sole discretion refund to the Buyer the price of the Goods (or a proportionate part of the price) but JY Auto Electrics shall have no further liability to the Buyer.
11.4 In the event of any claim arising out of the supply of the Goods by JY Auto Electrics the remedies of the Buyer shall in all respects be limited to damages. The liability of JY Auto Electrics shall not exceed the Price of the Goods.
11.5 Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply of such Goods or the failure by JY Auto Electrics to supply Goods which conform to the Contract.
11.6 All promotional literature and drawings provided by JY Auto Electrics or any of its suppliers are for general guidance only. Their contents do not form part of the Contract with JY Auto Electrics unless specifically referred to it in writing by JY Auto Electrics.
12. GENERAL PROVISIONS
12.1 Any notice required to be served pursuant to this Contract shall be in writing and served by first class post; or, by hand on JY Auto Electrics at its registered office or such other address as JY Auto Electrics may from time to time notify to the Buyer; and on the Buyer at the Buyer's registered office or principal place of business.
12.2 Any provision of this Contract which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of this Contract
12.3 act by reason of any delay in performing or any failure to perform any of JY Auto Electricís obligations in relation to the Goods if the delay or failure was due to any cause beyond JY Auto Electricís reasonable control.
12.4 JY Auto Electrics may cancel this Contract at any time before the Goods are delivered by giving written notice to the Buyer. On giving such notice JY Auto Electrics shall promptly repay to the Buyer any sums paid in respect of the Goods insofar as relating to price. JY Auto Electrics shall not be liable for any loss or damage whatever arising out of such cancellation.
12.5 No waiver or forbearance by JY Auto Electrics (whether expressed or implied) in enforcing any of its rights under this Contract shall prejudice its rights to do so in the future.
12.6 This Contract is only enforceable by the original parties to it and their successors and permitted assigns. Nothing in this Contract shall confirm on any third party any benefit or right to enforce any term of this instrument pursuant to the Contracts (Rights of Third Parties) Act 1999. This does not affect any right or remedy of a third party apart from the said Act.
13. PROPER LAW OF CONTRACT
13.1 The Contract shall be subject to the laws of England and Wales.
13.2 JY Auto Electrics and the Buyer submit to the exclusive jurisdiction of the courts of England and Wales and irrevocably agree that proceedings issued out of the said courts may without prejudice to the rules of service of such courts be served on them by delivering such proceedings in an envelope addressed to the party to be served at the address for such party set out in the Contract.