Definitions

‘The company’ shall mean Auto Equip Pieces

The customer shall mean any party placing an order with the company by telephone, facsimile, letter, electronic mail or online at www.aepdirect.com.

The supplier shall mean the manufacturer of the goods.

The goods shall mean the goods supplied by the company under the contract terms set out in these terms and conditions.

Credit account shall mean an account in respect of which payment on delivery is not required.

1. Formation and interpretation of contracts
   
   
   1. All contracts made by Auto Equip Pieces for the supply of goods and/or services of the type referred to below shall be governed exclusively by the terms and conditions set out below (the contract terms) the contract terms shall override and take the place of all previous oral and written representations and any other terms and conditions (except those implied in favour of a supplier which are not consistent with the contract terms) whether or not the same are endorsed upon, delivered with, or referred to in any purchase order, call off or other document delivered or sent to the company by the customer referred to below. Any reference below to order of the customer, call off, specifications or like document will not be deemed to imply that any terms and conditions endorsed upon, delivered with or referred in to such order, call off, specifications or liked document will supplement or have effect to the exclusion or amendment of the contract terms.
      
      
   2. The contract terms may be varied only by express agreement by the company by means of a written amendment signed by an authorised officer of the company referring specifically to the terms and conditions to be amended.
      
      
   3. The customer shall be responsible to the company for ensuring the accuracy of the terms of any order submitted to the company and for giving the company any necessary information relating to the goods and/or services within a sufficient time to enable the company to perform the contract in accordance with its terms.
      
      
   4. No order which has been accepted by the company may be cancelled by the customer accept with the agreement in writing of the company and on the terms that the customer shall indemnify the company in full against all loss (including loss of profit). Costs (including the cost of all labour and materials used or contracted for). Damages, charges and expenses incurred by the company as a result of cancellation.
      
      
      
2. Prices
   
   
   1. Unless otherwise expressly stated in writing by the company, orders are accepted on the basis that;
      
      
   2. The price stated on the invoice is the net price of the goods and/or the services (after deduction of any discounts) for delivery in accordance with the contract, and the stated price overrides all previous oral written representations as to price.
      
      
   3. The price is exclusive of value added tax and any other impositions whatsoever, which shall be charged by the company at the rate and in the manner prescribed by law from time to time and shall be paid by the customer in addition to the price.
      
      
   4. The company reserves the right to alter prices at any given time. However, variations may occur due to exchange rate fluctuations or market forces.
      
      
      
3. Payment
   
   Payment is on delivery of the goods unless the customer has a credit account with the company.
   The following terms and conditions apply to credit accounts.
   
   
   1. Payment terms are strictly twenty days end of month; i.e. all goods purchased must be paid for by the twentieth of the following month date of delivery.
      
      
   2. Should payment not be made within the specified time then interest shall be charged at five percentum per month above the base lending rate of Clydesdale bank plc.
      
      
   3. An agreed credit limit will be applied to the customers account and should this be exceeded the credit account may be suspended.
      
      
   4. If the credit account remains inactive or is trading at less than £300 per calendar month the credit account may be closed at the discretion of the company.
      
      
   5. If payment is late for three consecutive months account facilities may be withdrawn at the discretion of the company.
      
      
      
4. Delivery
   
   
   1. Delivery times are given as an estimated time or date but do not form part of the contract between the company and the customer. Time is not deemed to be of the essence of the contract.
      
      
   2. The company shall endeavor to deliver the goods but may suspend or delay delivery and shall not be liable in the event of non-fulfillment of contract owing to an act of god, war, disease, strikes, lock-outs, fires, or any other accident whatsoever beyond the control of the company.
      
      
   3. Any shortage of or damage to goods must be intimated to the company within twenty-four hours of delivery.
      
      
      
5. Return of goods
   
   
   1. The completion of a company form and a copy of the original purchase invoice must support returned goods.
      
      
   2. No electrical goods may be returned unless they are deemed to be faulty or sub-standard.
      
      
   3. All warranty parts must be returned with the parts warranty claim form showing parts (and labour if any) together with a copy of the original purchase invoice.
      
      
   4. All goods must be boxed, packed and returned in the same condition in they were received and unused.
      
      
   5. Exchange units carrying a surcharge must be returned within one month of purchase.
      
      
      
6. Warranty
   
   If during proper use or application of goods by the customer a material should be discovered,
   
   1. The customer shall notify the company in writing giving particulars of the alleged defect.
      
      
   2. The goods shall be returned to the company who will in turn return the goods to the relevant supplier for inspection.
      
      
   3. Should the goods in question be deemed faulty the supplier will raise a credit for the value of the goods in favour of the company who shall in turn credit the purchaser of the goods.
      
      
   4. Any claim for a labour content within the warranty claim will be at the discretion of the supplier of the goods.
      
      
   5. The company may only act on the decision of the supplier of the goods and cannot be held directly responsible for the performance of the goods.
      
      
   6. The customer will be deemed to accept the decision of the supplier in any dispute as to the fitness for purpose of the goods.
      
      
      
7. Retention of Title
   
   
   1. Title to the goods will remain vested in the company after delivery until payment of all sums due (whether arising out of this or any other contract) has been made in full to the company.
      
      
   2. As long as title to the goods remains vested in the company and the goods are in possession or under the control of the customer the following provisions shall apply.
      
      
      1. The customer may not (unless otherwise notified by the company in writing) use sells or otherwise deals with the goods in the ordinary course of business.
         
         
      2. the customer will store the goods separately from other goods and clearly identified as the property of the company and will not remove, alter or deface identification marks placed on the goods or on the packaging supplied therewith.
         
         
      3. The company may at any time on giving prior notice enter the premises of the customer for the purpose of inspecting the goods and identifying them as the property of the company and the customer irrevocably authorises the company to enter upon the premises for that purpose.
         
         
      4. The company may at any time without making prior demand retake possession of the goods in any of the following circumstances.
         
         
         1. If the customer defaults in payment.
            
            
         2. If the customer becomes bankrupt or insolvent or has a receiving order made against it or compounds with its creditors or being a corporation commences to be wound up (other than a members voluntary winding up of a solvent company for the purpose of amalgamation or reconstruction) or has a receiver appointed in respect of the whole or any part of its undertaking or assets.
            
            
         3. If the company has reasonable doubts as to the ability or willingness of the customer to pay for the goods on the due date.
            
            
            
      5. For the purposes of this condition the customer will afford to the company its authorised servants and agents a means of access with vehicles to its premises at reasonable times and hereby irrevocably authorises the company to enter upon its premises for the purpose of re-possession of the goods in accordance with the foregoing provisions.
         
         
      6. If the goods are returned or re-possessed in accordance with the foregoing provisions the company will repay to the customer any sums received from the customer in part payment of the price of the goods up to a maximum amount equal to the prevailing market value of the goods returned or re-possessed in their condition at the time after deduction of all costs and expenses of the company in having the goods returned or re-possessed and subject also to any right of set off the company may have in respect of other sums owed by the customer to the company.
         
         
         
8. Limitation and Exclusion of Liabilities
   
   The company’s obligation and liabilities to the customer in respect of the goods and services shall be limited to-
   
   
   1. Those set out expressly here in.
      
      
   2. Those implied (as to title) by section 12 of the sales goods act 1979.
      
      
   3. Any liability for death, personal injury and loss of or damage to property under section 2 of the consumer protection act 1987.
      
      
   4. Where the contract is not an international supply contract within section 36 (3) of the unfair contract terms act 1977. Any liability for death or personal injury from the company’s negligence (as defined in that act).
      
      
   5. Where the customer deals as a consumer (within section 12 of the unfair contract terms act 1977) . Any implied term relating into the conformity of goods with their description or sample or as to their quality or fitness for a particular purpose.
      
      
   6. The customer acknowledges that this is reasonable and reflected in the price and shall accept risk and/or insure accordingly.
      
      

General

Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to that other party at its registered office or principle place of business.

The company will (without prejudice to any other remedy available to it) have in respect of all unpaid debts due from the customer a general lien on all property of the customer in the possession of the company for whatever purpose and whether worked upon or not and be entitled on the expiration of not less than 7 days notice in writing to the customer to dispose of such property and to apply the proceed towards the satisfaction of such debts.

The goods shall remain the property of the seller until the price has been discharged in full a cheque given by the purchaser in payment shall not be treated as a discharge fee until the same has been cleared.

Nothing herein contained is intended to affect, not will it affects a customer’s statuary rights under the sales of goods act 1977 amendment thereof.

The terms and conditions specified above are governed exclusively by law of Scotland. Both the customer and the company hereby accept the exclusive jurisdiction of the Scottish courts.