“Main dealer quality servicing, without the price tag”

1 DEFINITIONS
1.1 "Buyer " means the person, company or entity that buys or agrees to buy the goods from the Seller.
1.2 "Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.3 "Delivery Date" means the date specified by the Seller when the goods are to be delivered.
1.4 "Goods" means the articles which the Buyer agrees to buy from the Seller.
1.5 " Price" means the price for the Goods including VAT (if applicable) but excluding carriage packing and insurance.
1.6 "Seller" means Classic and Performance Automotive Ltd

2 CONDITIONS APPLICABLE
2.1 These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar documents.
2.2 All orders for Goods shall be deemed to an offer by the Buyer to purchase Goods pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 Any variation of these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3 THE PRICE AND PAYMENT
3.1 The Price shall be the Seller’s quoted and agreed. The Price is inclusive of VAT (where applicable) which shall be due at the rate ruling on the date of the Seller’s invoice.
3.2 Payment of the Total Price must be made in full prior to dispatch, except where the Seller has agreed a Trade Account, in which case payment shall be due within 30 days of the invoice date unless otherwise agreed by the Seller in writing.
3.3 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 2% above NATWEST PLC’s base rate from time to time in force and shall accrue at such a rate after as well as before any judgment.
3.4 If the Buyer fails to make any payment on the due date then without prejudice to any of the Seller’s other rights the Seller may:
3.4.1 suspend or cancel delivery of any articles due to the Buyer: and/or
3.4.2 appropriate any payment made by the Buyer to such of the Good (or goods supplied under any other contract with the Buyer) as the Seller may in its sole discretion think fit.
4 THE GOODS
4.1 The quantity and description of the Goods shall be as set out in the Seller’s quotation, written confirmation, or Sales Invoice.
4.2 The Seller 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 all of which do not materially affect the quality or fitness for purpose of the Goods.
5 WARRANTIES AND LIABILITY
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or conditions of the Goods and whether implied by statute or common law or otherwise are excluded
6 DELIVERY OF THE GOODS
6.1 Delivery of the goods shall be made to the Buyer’s address. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.2 The Buyer will promptly obtain all necessary import licences clearances and other consents necessary for the purchase of the Goods. The Seller shall promptly upon request supply all documents reasonably required by the Buyer for this purpose.
6.3 The Seller shall not be liable for any loss or damage wherever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all.
6.4 Only orders placed before 12pm are able to be sent out next working day (by request).
6.5 Not withstanding that the Seller 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 providing that the delivery shall be tendered at any time within three months of the Delivery Date.
7 ACCEPTANCE OF THE GOODS
7.1 The Buyer shall be deemed to have accepted Goods 48 hours after delivery to the Buyer.
7.2 After acceptance the Buyer shall not be entitled to reject goods which are not in accordance with the contract.
7.3 If the Buyer properly rejects any of the Goods which are not in accordance with the contract the Buyer shall nonetheless pay the full price for such goods unless the Buyer has promptly given notice of rejection to the Seller and at the Buyer’s cost returns such Goods to the Seller immediately, or in the case of a Trade Account, before the date when payment of the Price is due.
7.4 No Goods delivered to the Buyer which are in accordance with the contract will be accepted for return without the prior written approval of the Seller on terms to be determined at the absolute discretion of the Seller.
7.5 If the Seller agrees to accept the Goods referred to in Sub Clause 7.4 above for return the Buyer shall be liable to pay a handling charge of fifteen per cent of the invoice price. Such Goods must be returned by the Buyer carriage paid to the Seller in the original shipping carton.
7.6 Goods of the description referred to in Clause 7.4 returned without the prior written approval of the Seller may a the Seller’s absolute discretion be returned to the Buyer or stored at the Buyer’s cost without prejudice to any right or remedies the Seller may have.
8 TITLE AND RISK
8.1 The Goods shall be at the Buyer’s risk as from delivery
8.2 In spite of delivery having been made, property in the Goods shall not pass from the Seller until:
8.2.1 the Buyer shall have paid the Price plus VAT (where applicable) in full: and
8.2.2 no other sums whatever shall be due from the Buyer to the Seller.
8.3 Until property in the goods passes to the Buyer in accordance with clause 8.2 the Buyer shall hold the goods and each of them on a fiduciary basis as bailee for the Seller. The Buyer shall store the Goods (at no cost to the Seller) separately from all other goods in its possession and marked in such a way that they are clearly identified as the Seller’s property.
8.4 Notwithstanding that the Goods (or any of them) remain the property of the Seller the Buyer may sell or use the Goods in the ordinary course of the Buyer’s business at full market value of the account of the Seller. Any such sale or dealing shall be a sale or use of the Seller’s property by the Buyer on the Buyer’s own behalf and the Buyer shall deal as principal when making such sales or dealings. Until property in the Goods passes from the Seller the entire proceeds of sale or otherwise of the goods shall be held in trust for the Seller and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as the Seller’s money.
8.5 The Seller shall be entitled to recover the Price (plus VAT where applicable) notwithstanding that property in any of the goods has not passed from the Seller.
8.6 Until such time as property in the Goods passed from the Seller the Buyer shall upon request deliver up such of the goods as have not ceased to be in existence or resold to the Seller. If the Buyer fails to do so the Seller may enter upon any premises owned occupied or controlled by the Buyer where the Goods are situated and repossess the Goods. On making of such request the rights of the Buyer under Clause 8.4 shall cease.
8.7 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 the Seller. Without prejudice to the other rights of the Seller, if the Buyer does so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable
8.8 The Buyer shall insure and keep insured the Goods to the full price against ‘all risks’ to the reasonable satisfaction of the Seller until the date that property in the Goods passes from the Seller, and shall whenever requested by the Seller produce a copy of the policy of insurance. Without prejudice to the other rights of the Seller, if the Buyer fails to do so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.
8.9 The Buyer shall promptly deliver the prescribed particulars of this contract to the Registrar in accordance with the companies Act 1985 Part XII as amended. Without prejudice to the other rights of the Seller, if the Buyer fails to do so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.
9 REMEDIES OF BUYER
9.1 Where the Buyer accepts or has been deemed to have accepted any goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods.
9.2 The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.
9.3 Except where the Buyer is dealing as consumer (as defined in the Unfair Contract Terms Act 1977 Section 12):
9.3.1 Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale.
9.3.2 The Seller shall be under no liability whatever to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of this contract.
9.3.3 In the event of any breach of this contact by the Seller the remedies of the Buyer shall be limited to damages. Under no circumstances shall the liability of the Seller exceed the price of the Goods.
10 INSOLVENCY OR OTHER DEFAULT OF BUYER
If the Buyer fails to make payment for the Goods in accordance with this contract of sale or commits any other breach of this contract of sale or if any distress or execution shall be levied upon any of the Buyer’s goods or if the Buyer offers to make any arrangement with its creditors or commits an act of bankruptcy or if any petition in bankruptcy is presented against the Buyer or the Buyer is unable to pay its debts as they fall due or if being a Limited Company any resolution or petition to wind up the Buyer (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or if a receiver administrator administrative receiver or manager shall be appointed over the whole or any part of the Buyer’s business or assets or if the Buyer shall suffer any analogous proceedings under foreign law all sums outstanding in respect of the goods shall become payment immediately. The Seller may in its absolute discretion and without prejudice to any other rights which it may have:
10.1 suspend all future deliveries of Goods to the Buyer and/or terminate the contract without liability upon its part; and/or
10.2 exercise any of its rights pursuant to Clause 8.
11 SET-UP AND COUNTERCLAIM
The Buyer may not withhold payment of any invoice or other amount due to the seller by reason of any right of set-off or counterclaim which the Buyer may have or allege to have or for any reason whatever.
12 HEADINGS
All headings are for ease of reference only and shall not affect the construction of this contract.
13 SEVERANCE
Any provision of this contract which is or may be void or unenforceable shall to all extent of such invalidity or un-enforceability to be deemed sever-able and shall not affect any other provision of this contract.
14 WAIVER
No waiver or forbearance by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its right to do so in the future.
15 SUB-CONTRACTING
The Seller may license or sub-contract all or any part of its rights and obligations under this contract without the buyer’s consent.
16 FORCE MAJEURE
Neither party shall be liable for any default due to any act of God, war, strike, lock-out, industrial action, fire, flood, drought, tempest of other event beyond the reasonable control of either party
17 PROPER LAW OF CONTRACT
This contract is subject to the law of England and Wales.
ADDENDUM
DISTANCE SELLING – ADDITIONAL CONDITIONS
The conditions below cover contracts for sale and supply of Goods where there is no direct contact between the Seller and Buyer and to which specific Regulations apply.
(A distance contract is defined in the Regulations as “any contract concerning goods or services concluded between a supplier and a consumer under an organized distance sales or service-provision scheme run by the supplier who, for the purpose of the contract, makes exclusive use of one or more means of distance communication up to and including the moment at which the contract is concluded”.)
The consumer Protection (Distance Selling) Regulations 2000 applies to Goods ordered by telephone, fax, post or digital television and supplied by mail order or ordered online from the company’s website by private Buyers. Our Standard Conditions apply in all instances not covered by or specified within these additional conditions.
18 DESCRIPTION AND PRICE OF THE GOODS
18.1 The description and price of the Goods, and any delivery charges will be described in the Sellers website at the time of placing the order.
18.2 All Goods are subject to availability. If ordered Goods are not available at the time of placing the order, and if the Seller and the buyer cannot agree to an alternative product or solution, then the Seller will refund in full any sum paid by the Buyer with a debit or credit card or Pay Pal.
18.3 In the event of there being an error in the description or price of the Goods the Seller will notify the Buyer as soon as possible and will offer the Buyer the option of cancelling the order or proceeding with the purchase at the notified variation in price or description. The Seller will deem the order to have been cancelled if the Buyer has not confirmed cancellation or acceptance of revised description or price within 14 days of notification by the Seller and will refund to the buyers credit or debit card or Pay Pal account.
19 COOLING OFF PERIOD
The Regulations provide for a cooling off period of 7 days from receipt of the goods. Buyers may return Goods for refund without explanation or reason within this period. The following exclusions apply:
19.1 Bespoke Goods made to order to the Buyers specification
19.2 Computer software, CD, DVD and Video recordings which have been opened or unsealed by the Buyer.
19.3 Goods supplied for everyday consumption
20 CANCELLATION OF THE CONTRACT WITH THE SELLER
The Buyer shall contact the Company in writing within 7 days of receipt of the goods and will pay the costs of return. The Company will refund the costs of return on receipt of the returned Goods in satisfactory condition.
The Buyer shall return the goods unused, in original saleable condition, and in the original packaging. No refund will be processed until the goods have been received in satisfactory condition by the Company.
21 RETURNS AND COMPLAINTS PROCEDURE
In the event of the Buyer wishing to return the goods within the cooling off period, the Buyer should contact the Company at the contact name and address below. Any other queries or complaints should be addressed to the Company at the same contact name and address, or by telephone, fax or email.

22 CONTACT DETAILS

Classic and Performance Automotive Limited

Unit 2E

West Point Industrial Estate

Penarth Road

Cardiff

CF14 4AS