SALE OF PARTS TERMS AND CONDITIONS

1. General and Definitions
1.1 These terms are the only terms on which the Dealer by whom this form is used (called “the Seller”) contracts with the Buyer (as named overleaf).
1.2 “Goods” means all goods, parts or other things to be sold by the Seller to the Buyer.
1.3 The Buyer will be deemed to have accepted these Terms of business if he or his insurance company gives instructions by any means for Goods to be supplied.
2. Price
The contract price is based on prices current at the date of quotation. The Seller reserves the right to increase such prices if the price to the Seller is increased between preparing the quotation and obtaining the Goods.
3. Variation
Any variation agreed between the Seller and the Buyer in Goods to be supplied shall be deemed to be an amendment to this Contract and shall not constitute a new contract.
4. Time
The Seller will endeavour to deliver the Goods within the time agreed and if no time is agreed within a reasonable time, but in no circumstances will the Seller be liable for loss or damage or any kind whatsoever caused directly or indirectly by any delay in the delivery the Goods, nor will any such delay entitle the Buyer to cancel or rescind the Contract.
5. Payment
5.1 All Goods shall be paid for upon delivery unless credit has been agreed in advance.
5.2 Interest at the rate of 2% per month or part thereof will accrue on all overdue payments from the date of invoice until payment.
6. Retention of Title and Risk
6.1 Until all money due from the Buyer to the Seller whether under the Contract or otherwise has been paid, full property in the Goods shall remain with the Seller and the Buyer shall be in possession of the Goods as bailee.
6.2 Notwithstanding Clause 6.1 the Buyer is authorised to sell the Goods in the ordinary course of business as agent of and for the account of the Seller and to pass good title in the Goods to customers and to covert or incorporate the Goods into other goods or materials.
6.3 The Buyer will store the Goods separately and ensure that they are clearly marked as belonging to the Seller.
6.4 The Seller may inspect and /or recover the Goods at any time and for this purpose may enter any premises where the Goods are stored.
6.5 The authority to sell covert and incorporate given by Clauses 6.2 may be revoked at any time by the Seller and will automatically determine if the Buyer has a receiving order made against him or is made bankrupt or (where the Buyer is a limited company) enters into liquidation or has an Administrative Receiver or Administrator appointed over any of its assets.
6.6 To the extent necessary to pay all money due to the Seller whether under the Contract or otherwise the proceeds of sale of the Goods shall be received and held by the Buyer on trust for the Seller and at the Seller’s request will be paid into a separate bank account.
6.7 Risk shall pass on delivery to the Buyer or the carrier whichever is earlier.
6.8 All vehicles and contents are stored at the risk of the Buyer.
7. Delivery
Unless otherwise agreed in writing, delivery of Goods shall be at the Seller’s premises.
8. Exemptions
8.1 The Seller will be under no liability under the Contract for any personal injury, death, loss or damage of any kind whatsoever, whether consequential or otherwise, including but not limited to loss of profits and the Seller hereby excludes all conditions, warranties and stipulations express or implied, statutory, customary or otherwise which but for such exclusion would or might subsist in favour of the Buyer except that such exclusion will not apply to: -
8.1.1 Any implied condition that the Seller has or will have the right to sell the Goods when the property is to pass: or
8.1.2 When the Buyer deals as a consumer (as defined in Section 12 of the Unfair Contract Terms Act 1977, any implied term relating to description, merchantability, quality, fitness or sample.
8.2 In no circumstances will the Seller or its servants, agents or sub-contractors be liable for any loss or damage of any kind whatsoever (except arising from death or personal injury) whether consequential or otherwise, caused directly or indirectly, by any negligence on the part of the seller, or on the part of its servants, agents or sub-contractors. In connection with or arising out of the manufacture or supply of Goods or in connection with any advice or statement given, made by, or on behalf of the Seller.
9. Sub Contracting
The Seller will be entitled to assign, sub contract or sublet the Contract or any part thereof.
10. Health and Safety
Notice is hereby given to the Buyer that the instructions for use, cautionary notices, and other technical notices and information are supplied to the Buyer with the Goods and the Buyer agrees to observe respect and comply with the same and to pass on the same to its cc
11. Guarantee
The Seller will use reasonable endeavours to make over to the Buyer the benefit of any warranty or guarantee given by the manufacturer.
12. Returned Goods
Subject to 12.2 Goods which are not faulty will only be accepted back for credit provided: -
12.1.1 The Buyer returns the Goods within 5 working days of delivery, and
12.1.2 The original invoice is produced and
12.1.3 The Buyer pays the Seller handling charges of 20% for returned Goods against orders correctly executed and
12.1.4 The Goods were not specially ordered by the Buyer.
12.2 The obligation comprised in 12.1 above will not apply where:-
12.2.1 The Goods have been altered in any way whatsoever or have been subject to misuse or unauthorised repair or
12.2.2 The Goods have been improperly installed or connected (unless the Seller carried out installation and connection); or
12.2.3 The Buyer has failed to observe or perform the requirements of any maintenance procedures relating to the Goods; or
12.2.4 Or The Buyer has failed to notify the Seller of any defect or suspected defect immediately the same comes to the knowledge of the Buyer; or
12.2.5 The Buyer is in breach of this or any other contract made with the Seller.
13. Notices
All written notices given by the Seller to the Buyer shall take effect 2 days after being dispatched by prepaid 1st class post by the Seller in the normal course of post to the Buyer address as shown overleaf.
14. English Law
The formulation, interpretation and operation of the Contract will be subject to English Law and the Buyer submits himself to the non-exclusive jurisdiction of the English Courts.
15. Deposit and Payment Requirements
All special orders, including those placed via telephone, require either:
 A non-refundable deposit of a minimum of 25% of the total order value, or
 Full payment in advance, at the sole discretion of the Company.
Orders will not be processed, sourced, or dispached until the applicable deposit or full payment has been received and cleared in full.

SERVICE/REPAIR TERMS AND CONDITIONS

1. General and Definitions
1.1 These terms are the only terms on which the Dealer by whom this form is used (called “the Company”) contracts with the Customer (as named overleaf).
1.2 “Goods” means all goods, parts or other things to be sold by the Company to the Customer whether or not supplied in conjunction with work to be done by the Company.
1.3 “Work” means any work to be done by the Company whether by way of repairs, servicing, fitting or otherwise.
1.4 The Customer will be deemed to have accepted these Terms of Business if he or his insurance company gives instructions by any means for Work done or goods to be supplied.
2. Estimates
2.1 An estimate is a considered approximation of the likely cost involved. All estimates are valid for 14 days from the dispatch of the estimate by the Company to the Customer. If the Customer deposits a vehicle with the Company for the purpose of an estimate, a storage charge based on the Company’s current rates (see 6.2 below) will be made to the Customer applicable from the fifteenth day after the dispatch of the estimate by the Company unless the estimate by the Company estimate is accepted by the Customer within 14 days of such dispatch or the vehicle is removed by the Customer from the premises within that period.
2.2 Prices of Goods are based on prices current at the time or preparation of the estimate and the company reserves the right to increase between preparing the estimate and obtaining the Goods.
2.3 Unless otherwise agreed in writing if it appears during progress of any Work that the estimate will be exceeded by a significant amount the Company will not continue the Work without further express permission (which need not be in writing) from the Customer.

3.Uncompleted Work
If for any reason Work requested by the Customer is not carried out in the full the Company will charge a reasonable amount for any Work actually carried out and the current price of any Goods supplied or fitted. Special order Goods will need to be paid for in full whether fitted or not.
4. Variations
Any variation agreed between the Company and the Customer in Work to be done or Goods to be supplied shall be deemed to be an amendment to this Contract and shall not constitute a new contract.
5. Time
The Company will endeavour to do the Work or deliver the Goods within the time agreed and if no time is agreed, within a reasonable time, but in no circumstances will the Company be liable for loss or damage of any kind whatsoever caused directly or indirectly by any delay in the completion of the Work or in the delivery of the Goods, nor will any such delay entitle the Customer to cancel or rescind the Contract.
6. Completion of Work and Payment
6.1 Work shall be deemed complete when the Customer is advised by the Company that such Work is complete. Unless credit has been agreed in advance the Customer will pay the Company for all Work  done and Goods supplied as well as any storage charges before any vehicle may be removed from the Company’s premises.
6.2 If a vehicle is not collected by the Customer within 7 days of the Customer being advised that work is complete the Company may at its option either store the vehicle itself or have it stored by third parties on such terms as the Company at its absolute discretion deems fit. In any event the cost of storage at £12 per day inc. VAT, will be borne by the Customer, and as so far as the storage is done by the Company
then such cost will be the Company’s storage charges current at the time of storage. The cost together with any additional insurance or double handling charges will be added to and form part of the Work.
6.3 Interest at the rate of 2% per month or part thereof will accrue on all overdue payments, from the date of invoice until payment.
7. Retention of Title and Risk
7.1 Goods are at the risk of the Customer as soon as they are delivered by the Company to the Customer.
7.2 Goods shall remain the sole and absolute property of the Company until such time as the Customer shall have paid to the Company the full price thereof together with the full price of any other goods the subject of any other contract with the Company and together with all storage charges and interest that may be due to the Company under this Contract or any other, and until payment in full as aforesaid has been made the Customer acknowledges that he is in possession of the Goods solely as Bailee for the Company.
7.3 All vehicles and its contents are stored at the risk of the Customer.
8. Delivery
Unless otherwise agreed in writing delivery of Goods shall be at the Company’s premises.
9. Replaced Parts
All parts replaced during any Work done, except those that have to be returned to manufacturer's or suppliers under warranty or service exchange arrangements, will be retained by the Company for the Customer until the vehicle is collected. If the Customer does not specifically ask to take possession of such replaced parts when collecting the vehicle, then they will become the property of the Company to dispose of as it deems fit.
9.1 Where the Dealer represents a Brand those vehicles under manufacturers warranty will be fitted with manufacturer recommended parts; these may be original equipment manufacturer (OEM) or aftermarket parts - your manufacturer warranty will remain valid. For all other vehicles, and Brand vehicles outside of warranty, we may use OEM or aftermarket parts and the associated parts warranty will apply.
9.2 Disposal of parts removed
i. If the metal to be painted is rusted every reasonable precaution will be taken to prevent rust penetrating the paint after completion of the Work but nor warranty can be given in
ii. Where the parts of components are replaced under warranty or are exchanged the property therein shall pass to the manufacture or other person or company entitled thereto.
10. Sub Contracting
The Company will be entitled to assign, sub contract or sublet the Contract or any part thereof.
11. Health and Safety
Notice is hereby given to the Customer that the instructions for use, cautionary notices, and other technical notices and information are supplied to the Customer with the Goods.
12. Warranty
12.1 In respect of Goods the Company assigns to the Customer the benefit of the manufacturer’s warranty. The Company warrants its work free of defects for a period of 3 months or 3,000 miles, whichever occurs sooner, from the date of completion of the Work.
12.2 If the Work includes painting, then:
i If the metal to be painted is rusted every reasonable precaution will be taken to prevent rust penetrating the paint after completion of the Work but no warranty can be given in this respect.
ii No warranty can be given that the new paintwork will match existing paintwork exactly.
12.3 The warranties in 12.1 do not extend to cover defects arising from failure by the Customer to have the vehicle serviced in accordance with the manufacturer’s recommendations.
12.4 Save as provided in clause 12.1 the Company will be under no liability under the Contract for any personal injury, death, loss or damage of any kind, whatsoever whether consequential or otherwise including but not limited to loss of profits and the Company hereby excludes all conditions, warranties and stipulations express or implied, statutory, customary or otherwise which but for such exclusion would or might subsist in favour of the Customer except that such exclusion will not apply to;-
i Any implied condition that the Company has or will have the right to sell the Goods when the property is to pass: or
ii When the Customer deals as a consumer (as defined in Section 12 of the Unfair Contract Terms Act 1977), any implied term relating to description merchantability quality fitness or sample.
12.5 Save as provided in clause 12.1 in no circumstances will the Company or its servants, agents or sub contractors be liable for any loss or damage of any kind whatsoever (except arising from death or personal injury) whether consequential or otherwise caused directly or indirectly by any negligence or the part of the Company or on the part of any of its servants, agents or sub-contractors in connection with or
arising out of the manufacture or supply of Goods or in connection with any advice or statement given or made by or on behalf of the Company.
13. Notices
All written notices given by the Company to the Customer shall take effect 2 days after being dispatched by pre-paid 1st class post by the Company in the normal course of post to the Customer address shown overleaf.
14. English Law
The formulation, interpretation and operation of the Contract will be subject to English Law and the Customer submits himself to the non-exclusive jurisdiction of the English Courts.
DATA PROTECTION AND PRIVACY
1.1 The Company may collect and process the Customer’s data (including personal data as defined in the General Data Protection Regulation) to allow that fulfilment of the Services and its other obligations under this agreement.
1.2 The Company may also process the Customer's personal data where it has obtained the Customer’s express consent to do so, where it is necessary to protect the Customer’s vital interests, where it is necessary for compliance with legal obligations or where it otherwise has a legitimate interest in doing so.
1.3 The Company may disclose anonymised and aggregated information about its Customer’s to third parties such as advertisers, to allow them to select and send relevant adverts to its customers and others. The Company may also use such aggregate information to help advertisers reach the kind of audience they want to target.
1.4 The Company is a member of Worcester Carsales Holdings Limited and may disclose the Customer’s personal data and information to any other member of the Group, which means Worcester Carsales Holdings Limited and its subsidiaries, as defined in section 1159 Companies Act 2006.
1.5 The Company may transfer the personal data and information it holds about its Customer’s to vehicle manufacturers, finance providers and brokers and third-party providers of value-added services. These entities may be located outside the EEA. The Company takes all steps reasonably necessary to ensure that such Customer personal data is treated securely.
1.6 The Company may disclose the Customer’s personal data and information to third parties other than those detailed above:
1.6.1 In the event that the Company sells or buys any business or assets, in which case it may disclose the Customer’s personal data to the prospective seller or buyer of such business assets;
1.6.2 if the Company is under a duty to disclose or share the Customer’s personal data in order to comply with a legal obligation, or in order to enforce or apply its terms and conditions of supply and other agreements, or to protect the rights, property or safety of any members of Worcester Carsales Ltd, its customers or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction; or
1.6.3 in the event that the Company outsources certain of its service requirements to third parties, such as hosting or IT support and maintenance services. In this event, the Company shall take all steps reasonably necessary to ensure that any processing undertaken by such third parties is solely as regards the provision of the Company of the outsourced services.
1.7 For more information about the types of personal data that the Company may process the processing activities it may undertake, the circumstances in which it may disclose that personal data and the Customer’s rights in respect of the personal data held by the Company and the processing activities.