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Terms and Conditions | Autotecnica Subaru
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Subaru specialists in Buxton, Derbyshire
01298 27391

Terms and Conditions

Terms and Conditions of Sale
All orders should state your order number, shipment address, billing address, date, name and contact number of the person placing the order,quantity and total value. UK Customers only unless by prior arrangement.

All products are offered on the following terms:

Prices:
Prices shown include VAT. Unless otherwise requested goods will be shipped by our chosen national or international carriers and charged at cost. For UK shipments goods are sent for next day delivery (subject to stock), international deliveries vary. Please request courier service if expediency is required.

Credit:
All orders to be prepaid, unless your company has an existing credit account, with us.
Orders will be shipped after clearance of funds.

Returns:
All products require a Return Number prior to dispatch. Please email, phone or fax request this.

WE ACCEPT MOST MAJOR CREDIT CARDS

Terms and Conditions of Trading

Definitions
* Goods - All articles sold to the Buyer,(being the person(s) or company who s order for goods is accepted by Autotecnica Subaru) including replacements for defective Goods.
* Contract - The Contract between the Buyer and Autotecnica Subaru for the sale of Goods.

Acknowledgement
All orders will be accepted by Autotecnica Subaru subject to and in accordance with the following terms and conditions of sale which shall be deemed to be incorporated into a Contract for the sale of Autotecnica Subaru Goods or Services. By the placement of an order (by whatever means) the Buyer will be deemed to have acknowledged and accepted the said terms and conditions and will be bound by them. Autotecnica Subaru will not accept any purported variation to the said terms and conditions that may be included in any written document (including any order form) from the Buyer, except by prior written agreement.

Prices
Prices charged are those prevailing at the time of despatch. Prices quoted in any Autotecnica Subaru publication are current at the time of printing. Autotecnica Subaru reserves the right to amend prices at any time without prior notice.

Settlement Terms
1. All payments are due on a C.O.D. basis.
2. An interest charge will be imposed on invoices still outstanding after 7 days with a minimum charge of 1.00.
3. Autotecnica Subaru reserves the right to charge for copy invoices or credit notes at the rate of 1.00 per copy where the original has been lost or misplaced by the Buyer.
4. If legal action is taken to recover monies due to Autotecnica Subaru, then Autotecnica Subaru reserves the right to charge the Buyer an administration charge.

Orders
Written confirmation of telephone orders are required unless by prior agreement. Failing such confirmation, Autotecnica Subaru will not be held responsible for any misinterpretation. Autotecnica Subaru reserves the right to refuse any order at any time. No order may be cancelled without the previous written agreement of Autotecnica Subaru.

Export
Sorry we do not offer orders outside the UK at this time.

General Descriptive Matter
1. All specifications, drawings and particulars of weights, dimensions, capacity or other details contained in this website are intended to give a general idea of Autotecnica Subaru products but will not form part of the Contract.

2. Autotecnica Subaru shall take all reasonable steps to ensure the accuracy of technical details relating to the Goods in the catalogue but Autotecnica Subaru accepts no liability in Contract or tort or under statute or otherwise for any damages or injury arising directly or indirectly from any error or omission in such technical detail whether caused by Autotecnica Subaru negligence or otherwise.

Performance
1. Unless any performance figures, tolerances or characteristics have been specifically and expressly warranted by Autotecnica Subaru in writing, Autotecnica Subaru shall be under no liability whatsoever for any failure to attain such figures whether attributable to Autotecnica Subaru negligence or otherwise.

2. The responsibility for ensuring that Goods are sufficient and suitable for the Buyer s requirements is the Buyer s sole responsibility save insofar as Autotecnica Subaru have specifically advised the Buyer in writing that the Goods are sufficient and suitable for the Buyer s purposes, having been fully and accurately advised by the Buyer of the Buyer s requirements.

Guarantee
1. Not all Goods supplied by Autotecnica Subaru are supplied with a manufacturer s or Autotecnica Subaru guarantee.

2. The guarantees that are supplied vary in duration.

3. It is the Buyer s responsibility to check at the time of purchase whether Autotecnica Subarus guarantee is applicable, and if so, its duration. Where Goods are covered by Autotecnica Subaru guarantee, the following applies:

Any defects which under proper use appear in the Goods within a period of twelve months (or unless otherwise stated) after delivery and which are due to faulty materials, workmanship or design will be made good by Autotecnica Subaru either by repair, or at Autotecnica Subaru option, by replacement, provided the Goods are returned in accordance with the "Returns" clause below unless a manufacturers warranty is in place.
Autotecnica Subaru guarantee is provided by Autotecnica Subaru and accepted by the Buyer in substitution for all express or implied representations conditions or warranties, statutory or otherwise, as to the state satisfactory quality fitness for purpose or performance of the Goods (or any materials used in connection therewith) or the standard of workmanship and all such representations, conditions and warranties are hereby excluded.

4. Where Goods are covered by a manufacturer s guarantee, then Autotecnica Subarus liability to repair or replace those Goods ends at the end of the period of the guarantee provided by the manufacturer and any fees to replace these parts in such cases are not covered by Autotecnica Subarus warranty.

5. Autotecnica Subaru sole obligation and the Buyer s sole remedy under this provision is limited to the reasonable cost of repair or replacement of the Goods supplied.

Personal Collection of Goods
A Buyer wishing to collect Goods from the Trade Counter must do so within 2 working days of arranging the collection. If the Goods are not collected within the said period, Autotecnica Subaru will charge the Buyer a restocking fee.

Returns
1. No order may be cancelled without the previous written agreement of Autotecnica Subaru. Without such written agreement, Autotecnica Subaru may not accept the return of any Goods incorrectly ordered or no longer required. Any cancellation of order will only be considered if made in writing. If cancellation is accepted by Autotecnica Subaru, then Autotecnica Subaru may charge a restocking fee representing a percentage value of the Goods.

2. Autotecnica Subaru will only accept returns under guarantee if they are accompanied by a document in writing stating the date of purchase and original invoice number.

3. Exchange units will be invoiced at the "buy" price and a credit for the difference between the "buy" price and the "exchange" price will be raised, subject to receipt of the faulty item at Autotecnica Subaru no later than four weeks after the date of the original sales invoice, the number of which must be quoted.

4. Autotecnica Subaru will not accept responsibility for Goods which, in its opinion, have been the subject of undue wear and tear, accident, misuse, improper application or neglect. Autotecnica Subaru opinion on this is final.

5. The Buyer will be responsible for ensuring that all returns are delivered to Autotecnica Subaru and for providing proof of delivery of such return. If proof of delivery is not provided, then no credit will be given by Autotecnica Subaru.

6. Without prejudice to "Returns" clauses (1)-(5), Autotecnica Subaru reserves the right to replace, repair or refund payment in respect of all Goods returned at its absolute discretion.

7. Except in any case where the Goods supplied are deemed to be faulty, or incorrectly manufactured. Goods that are manufactured to order cannot be returned. In the event a cancellation of an order for Goods manufactured Autotecnica Subaru will charge the Buyer for the whole or any part of that order that has been manufactured prior to cancellation.

8. Any product warranty on goods misused or fitted incorrectly by the customer or third parties will be null and void.

Delivery Schedules
1. Delivery will take place to the address specified by the Buyer or the address to which the credit card used for purchase. Autotecnica Subaru may make delivery by any method of transport available to Autotecnica Subaru.

2. Autotecnica Subaru reserves the right to deliver the Goods by instalments.

3. A price will be charged at the rate applicable to the total quantity of Goods ordered.

4. Deliveries by instalment can only be accepted for a maximum period of six months from the date of order.

Delivery
Autotecnica Subaru will use reasonable endeavours to meet delivery estimates but cannot accept any liability whatsoever for failure to do so however arising. Once goods have been despatched we have no control over the courier other than the terms and condition of our contract with our courier.

Shortages or Damage in Transit and Non-Delivery
Autotecnica Subaru will not consider any claim for shortage of delivery or damage in transit unless written notice is given to the carrier and Autotecnica Subaru within three days of the receipt of Goods. No claim in respect of non-delivery of Goods will be considered unless written Non-Delivery notification is given to Autotecnica Subaru within five days from receipt of a statement in respect of the Goods. In this condition, time shall be deemed to be of the essence.

Receiving Deliveries
Autotecnica Subaru will make reasonable endeavours to ensure that the Buyer is aware of the estimated time of arrival for a delivery of any Goods. Autotecnica Subaru will not accept any liability whatsoever for any costs, direct or consequential, for re-delivery, delivering elsewhere or for the return of the Goods in any such case where delivery of the Goods is not possible at the time of the attempted delivery due to the absence of person(s) authorised to receive the delivery make the delivery unachievable then Autotecnica Subaru will not be responsible

Promotion
Autotecnica Subaru may from time to time send the Buyer material or literature, in whatever form, promoting or advertising the sale of its Goods, or otherwise, which may be sent or communicated by post, facsimile or electronic transmission or by which other means as Autotecnica Subaru sees fit and at Autotecnica Subaru discretion. The Buyer acknowledges and accepts the right of Autotecnica Subaru to do so. Autotecnica Subaru s usual terms and conditions apply to all Goods and services featured in promotional material.

Ownership
Ownership of goods will only pass to the customer once payment is received in full.

Liability
Autotecnica Subaru will make reasonable endeavours to ensure that all information contained in any Autotecnica Subaru publication is correct. Autotecnica Subaru reserves the right to amend any information contained in any publication without prior notice and does not accept any liability for any loss arising from any error or omission in any such publication. The Buyer will be responsible for ensuring the correct products are supplied and that the Goods ordered are fit for purpose for which they are ordered. Subject as expressly provided in these conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) and except for any liability which Autotecnica Subaru may incur for death or personal injury resulting from negligence or under Part 1 of the Consumer Protection Act 1987, Autotecnica Subaru shall not be liable in any way whatsoever whether in Contract, in tort, in misrepresentation or under statute or common law, or otherwise for any consequential or other loss, damage or injury however caused and whether caused by Autotecnica Subaru negligence which may arise out of or in connection with the supply of Goods to the Buyer, other than to supply Goods conforming to the original agreed specification or at Autotecnica Subaru option to refund any monies already paid in respect of the Goods.

Force Majeure
Autotecnica Subaru shall not be liable in any respect whatsoever for any delay in the performance of, or the failure to perform, any obligation pursuant to any order or Contract, in each case, as a result of circumstances beyond its control. If such circumstances delay or prevent the performance of any obligation under any order or Contract for 60 days or more, Autotecnica Subaru shall be entitled by written notice to cancel or terminate such order or Contract or its outstanding obligations thereunder.

Cancellation
If the Buyer becomes the subject of any act or proceeding under or in connection with the Insolvency Act 1986 or if the Buyer fails to make payment for Goods when due, in accordance with "Settlement Terms" clause (1) to (4), Autotecnica Subaru will be entitled to suspend and cancel all or any future deliveries or instalments under this or any other Contract between Autotecnica Subaru and the Buyer.

Copyright All Rights Reserved
Autotecnica Subaru has taken all reasonable steps in the course of its business to ensure that the Goods do not infringe any patent, design, trademark, copyright or any other rights of third parties but no guarantee in this respect is given, and Autotecnica Subaru shall have no liability whatsoever in the event of any such infringement howsoever arising.

Autotecnica Subaru own full copyright in respect of this website in respect to images, graphics and text. Code is copyright of our web design company Milkshake Design. The reproduction, storage in a retrieval system, or transmission, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, in part or in whole, is prohibited without Autotecnica Subaru prior written consent.

Legal Construction
All Contracts between Autotecnica Subaru and the Buyer shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the English Courts.