Terms & Conditions:

Definitions:

The “Seller” means or refers to Simon Wrigley (t/a Action Tyre & Exhaust) located at Canton Garage, Coast Road, Greenfield. Holywell. CH6 6JB

The “Buyer” means or refers to the other party to the transaction who has accepted the quotation of the Seller for the purchase of goods.

The “Goods” means any goods or services that the Seller is to supply to the Buyer during its normal course of trading.

The “Order” means or refers to the written or verbal request for goods made by the Buyer to the Seller. Written requests are to include all forms of communication including, inter alia, e–mail, “Profitlink” and facsimilie.

A “Supply Agreement” means or refers to an arrangement that has been made between the Seller and the Buyer in advance of an Order being placed.

General:

These terms and conditions of sale shall apply to the sale of the Goods by the Seller to the Buyer and shall replace and prevail over any terms and conditions contained or referred to in the Order or in any other correspondence or communication that has not been explicitly agreed to in writing by the Proprietor / Director or Legal Officer of the Seller.

Orders:

The Buyer shall be responsible to the Seller for ensuring that all adequate information and specifications are provided to the Seller in sufficient time to ensure that the Seller is able to perform the contract within its terms.

If it is a pre–requisite of the Buyer that order numbers are quoted on all invoices related to the transaction then it is the responsibility of the Buyer to provide a valid order number at the point of placing the order. Failure by the Buyer to supply a valid order number shall not remove the Buyer’s liability to pay within the stated payment terms.

No order that has been accepted by the Seller may be cancelled by the Buyer without the agreement in writing of the Seller. The Seller shall be entitled to reclaim from the Buyer any costs that have already been incurred in executing the Order up to the point of the cancellation acceptance.

Price:

The price payable by the Buyer will be the price that is in force as part of any Supply Agreement made between the Seller and the Buyer. If no such agreement is in place, the price shall be the price that is agreed between the Seller and the Buyer at the time of the Order.

All prices will be subject to VAT and other taxes under English law and other relevant law.

Delivery:

Delivery dates and times, where indicated are approximations and are not of essence to the Order.

Where the delivery is made in instalments or part deliveries, each instalment or part delivery shall be deemed to be a separate Order. Failure by the Seller to deliver any instalment under the Order shall not entitle the Buyer to rescind the whole of the Order.

If the Buyer refuses to accept a delivery that has been properly delivered in accordance with the Order the Seller shall be entitled to recover from the Buyer any costs that have already been incurred in executing the Order up to the point of non-acceptance.

At no point whatsoever shall the Buyer be entitled to recover loss of profits indirect and consequential loss or damages arising in connection with delivery time or from non–delivery of the goods if purchased electronically (e-commerce).

Carriage:

Unless otherwise stated, prices include delivery to destinations within the United Kingdom via a mode of transport selected by the Seller (if applicable). For collection from the Sellers premises carriage does not apply.

Examination:

The Buyer shall count and examine and inspect the Goods immediately at the Sellers premises, or on receipt and notify the Seller in writing of any shortages or defects within 10 working days (the “Examination Period”) of receipt. If no notification is made within the said period, then the Order shall be deemed to have been fulfilled. Shortages and defects that are notified within the said period shall be resolved by mutual agreement between the Seller and the Buyer, where applicable.


Warranty and Indemnity:

If implied defect of the goods was found after the Examination Period but no later than 6 months after the delivery from the Seller to the Buyer, the Seller shall, as exclusive remedies and compensation granted to the Buyer under the relevant law, replace it with a new one or refund the received mount to the Buyer at its discretion. The total liability of the Seller under Order, agreement for any reason whatsoever will be limited to the sale price of the relevant goods other than in respect of death or personal injury.

Returns: (Provision Expressly Provided for E-Commerce Purchases – Where Applicable) Any Goods that are returned must be done so with the prior agreement of the Seller. Where Goods have been properly delivered in accordance with the Order and are subsequently returned by the Buyer subject to agreement, the Seller reserves the right to levy a handling charge of 10% of the Goods sale value.

Retention of Title:

Title of goods sold and delivered by the Seller to the Buyer shall remain and belong to the Seller until full cash payment by the Buyer has been received and that payment has cleared through to the Seller’s bank account.

The Seller reserves the right to reclaim RRP of Goods from the Buyer should the Buyer fail to pay on it or the Buyer falls within any of the items set out in “Termination” below.

Insurance:

The risk of loss or damage in the goods shall pass to the Buyer upon receipt of delivery from the Seller and it is the responsibility of the Buyer to ensure that sufficient insurance is in place to cover the full value of the Goods delivered.

Payment:

Payment for Goods is due at the time of collection or in accordance with the agreed payment terms.

Where payments for Goods remain outstanding beyond their due date, the Seller retains the right to levy a finance charge of 3% per month over the Bank of England base rate until payment is received and cleared through the Seller’s bank account. Furthermore, the Seller retains the right to cancel outstanding orders and suspend further deliveries to the Buyer until all outstanding balances have been cleared.

The Seller reserves the right to offset any monies owed by the Buyer against any outstanding debt owed by the Seller to the Buyer.

The Buyer indemnifies the Seller in respect of any costs, legal or otherwise, incurred by the Seller in respect of recovering any outstanding monies due from the Buyer to the Seller.

Termination:

The Seller may cancel all outstanding contracts, Orders and suspend further deliveries to the Buyer (if applicable) immediately without any liability to the Buyer and payment for all Goods previously delivered will become immediately due and payable should the Buyer:

1) make any voluntary arrangements with its creditors, or become subject to an application for the commencement of administration, bankruptcy, administrative receivership or other insolvency proceeding or go into liquidation;

2) have a receiver appointed over its assets or property;
3) cease or threaten to cease trading; or
4) is in default of contract, Order or agreement with the Seller or a third party, which shall not be cured within 5 days after receipt of a remedial notice.

Intellectual Property

The fulfilment of an Order by the Seller shall in no way transfer trademark, patent or other intellectual property rights from the Seller to the Buyer.

Force Majeure

The Seller reserves the right to cancel all outstanding contracts, Orders and suspend further provisions to the Buyer without any liability to the Buyer if it is prevented from or delayed in carrying on its business or performing its contractual obligation due to circumstances beyond the reasonable control of the Seller including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock–outs, strikes or other labour disputes (whether or not relating to the Seller’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.

Governing Law:

The formation, existence, construction, performance, validity and all aspects of Orders shall be governed by English law and the Buyer submits to the exclusive jurisdiction of a court in London, UK.
Revision: 03/12/2008 © Action Tyre & Exhaust.

Privacy Policy:

We are committed to:

• Protecting the personal information you give us

• Telling you how we use the information we gather about you

• Getting your consent to our disclosure of your personal information.

Our privacy policy is set out in detail below. Any changes to this policy will be posted here. When we refer to "we", "our" or "us" in this policy we mean the activities of Action Tyre & Exhaust.

We want to offer you a service which you want to use. We may use information about you to help us customise our site to improve its usefulness to you. It can also help us to choose services we think will interest you.

Information about you helps us to provide you with a profession service which supports products and services relevant to you and allows us for marketing purposes to provide you with information from time to time.

In addition to the services we provide on this web site we want to offer you goods and services provided by us and others which are of interest to you. We will only do this with your consent.

We compile data records of user trends which we may make use of ourselves.

What information do we collect from you?

We may collect information from you when you fill in an online registration form for any of our web site services, (e.g., free quotations). We may also collect information you give us over the telephone or in written or other communications. The type of information we will collect includes, for example, your name, email address, telephone numbers, preferences etc:.

Your consent

By giving us your details, you confirm that you consent to our sending you direct marketing or information, from us or our associated companies if any, about products or services that we believe may interest you. You also confirm that we may, from time to time, pass your details to third parties who offer goods and services that we believe may be of interest to you.

We will not supply your personal information to third parties for their direct marketing activities without your consent.

If you have already consented to us, our associated companies or third parties, sending you direct marketing or information, but you subsequently decide you no longer wish to receive direct marketing or information from us or our associated companies, or no longer want us to pass your information to third parties, please notify us by email at the following address privacy@actiontyreandexhaust.co.uk.

How we ensure privacy is maintained

We endeavour to ensure that your data is stored securely and to prevent unauthorised access. Our data agents have security measures in place to protect your information which we monitor regularly. Unfortunately, despite our measures and because of the nature of the Internet, we cannot guarantee that your information will remain at all times 100% secure. The continuing efforts of hackers to defeat even the newest of security systems means, that we can never make this promise.

Please be aware that if you disclose information on chat areas, forums or other public services it may be possible for other people to use this information. We are not responsible for the disclosure of any information you post in this way.

Our data agents policy is to comply where applicable with the Data Protection Act 1998, the Regulation of Investigator Powers Act 2000 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and all other legislation which governs the maintenance of privacy in your information.

Our web sites provide a number of links to web sites not operated by us or by companies associated with us. We take no responsibility for the use of any information about you which may be collected as a result of your use of these web sites and this privacy policy does not extend to any web site operated by anybody other than us.

Disclosing your information to third parties

The personal information you give us may only be disclosed to other businesses if we have your permission. In particular, even where we have your consent we will only disclose the details provided to our associated companies, agents and/or third party suppliers of products or services on a need to know basis including, for example, in relation to the fulfilment of any e-commerce transactions if any.