Terms and Conditions of Auto ECM

Version 2.0

Last Updated Feb 27, 2014

1. Definitions

In these conditions, unless the context requires otherwise:

(a) Autotek means Autotek Car Parts, whose principal place of business is
Unit 110, 89 Commercial Road
Bournemouth, BH2 5RR
United Kingdom

(b) 'Conditions' - means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by Autotek ;

(c) 'Contract' - means the contract between Autotek and You for the sale and supply of Goods and/or Services;

(d) 'Diagnostic Charge' - means the fixed fee to be determined by Autotek from time to time for our Diagnostic Test;

(e) 'Diagnostic Test' - means when Autotek carry out an examination of your unit for diagnostic purposes;

(f) 'Goods' - means the articles which You agree to buy from Autotek ;

(g) 'Order' - means a written order on the prescribed form; for Goods these are set out in the 'confirmation order form',and for Services these are set out in the 'inquiry/repair form'.

(h) 'Price' - means the amount of our charges for Goods and/or Services supplied;

(i) 'Services' - means all or any of the installation, inspection and repairing services as from time to time described as agreed to be provided by Autotek to You and set out on the inquiry/repair form;

(j) 'VAT' - value added tax;

(k) 'Warranty Invoice' - issued on delivery providing a 90 day warranty for Goods commencing from the date of delivery.

(l) 'You' - means the person who buys or agrees to buy the Goods and/or Services from Autotek .

2. The Contract

(a) Completion of an order will constitute an offer for Autotek to supply the Goods or Services to You.

(b) Acceptance of the order will be expressly made in writing or by commencement of the Services.

(c) Autotek reserve the right to refuse orders from commercial entities.

3. Price (and VAT)

(a) Autotek will not be bound by any pricing errors provided that You are notified of the error prior to the Goods being dispatched for delivery and you are given the opportunity to cancel your order.

(b) Prices are inclusive of VAT unless otherwise specified.

4. Payment and Ordering Methods

(a) Autotek will accept payment by check but the Goods will not be dispatched until Autotek is in receipt of cleared funds.

(b) You will make payment at the time you place your Order in US Dollars ($USD).

(c) By submitting your card/debit details to Autotek You authorize Us to immediately debit or charge the Price of the Goods You have ordered (including all applicable taxes and delivery charges) on or from your credit/debit card or bank account. You will also, when requested, provide authorization by completing our 'Customer not present - authorization for use of Credit Card Form' as evidence of your authorization.

(d) Please note that Autotek will not dispatch Goods for delivery until they have received cleared funds in respect of the Price of the Goods into their bank account or received Your completed 'Customer not present - authorization for use of Credit Card Form'.

(e) In addition to the Price Autotek reserve the right to charge You for any Goods, Services or expenses incurred by Autotek in the performance of our Services or in the Supply of the Goods You have ordered and whenever reasonably practical Autotek will obtain your prior consent.

(f) In certain circumstances Autotek may issue a pre estimate for the provision of Services as Autotek are unable to provide a complete and accurate estimate to carry out the work which for administration purposes will be quoted at £1.00. This is not a complete and accurate estimate and will not be binding on us.

5. Availability / Alternative Goods or Services

(a) If for any reason beyond our reasonable control, Autotek are unable to supply particular Goods or Services, Autotek will not be liable to You, except to ensure that You are not charged for those Goods or Services.

(b) From time to time it may not be possible to supply the Goods or Services that You have ordered. Autotek reserves the right to provide substitute Goods of an equivalent quality and Price for those Autotek are unable to provide.

6. Delivery of Goods to You

(a) Delivery will be agreed between the parties at the time of placing the Order.

(b) Delivery of the Goods will be made, as stated on the Confirmation Order Form, to the address specified by You.

(c) All Goods must be signed for on delivery.

(d) All Goods weighing up to and including 2kg will be delivered by Next Day Delivery by Royal Mail.

(e) All Goods weighing above 2kg will be delivered by a private courier company for next day delivery.

7. Delivery of Goods to Autotek by You

(a) You must send your Goods for repair together with your Warranty Invoice, name, return address and telephone number. You must also fill out a inquiry/repair form (available on Autotek's website or available from Autotek direct) and enclose this with your Goods.

(b) The cost and risk of sending the Goods to Autotek is your responsibility.

8. Non-Delivery of Goods

(a) All delivery times are reasonable estimates and Autotek will not be liable for failure to meet the agreed timescale in part or in full due to circumstances beyond our control.

(b) The quantity of any consignment of Goods as recorded by the Autotek on despatch from Autotek's place of business shall be conclusive evidence of the quantity received by the You on delivery unless You can provide conclusive evidence proving the contrary.

(c) Autotek shall not be liable for any non-delivery of Goods (even if caused by the Autotek's negligence) unless the Buyer gives written notice to Autotek of the non-delivery within 10 days of the date when the Goods would in the ordinary course of events have been received.

(d) Any liability of Autotek for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.

9. Our Services

(a) On receipt of Your goods Autotek will aim to contact You in 24hours however this is not always possible where a delay is caused by circumstances outside our control. Autotek will always endeavour to carry out the work as quickly as possible and notify You where reasonably practical of any delay.

(b) Once Autotek are in receipt of Your delivered Goods for repair Autotek will carry out a Diagnostic Test which will incur a Diagnostic Charge. Autotek will carry out an internal inspection and will then notify You of our diagnosis. Should the cost of repair exceed the Diagnostic Charge, Autotek will contact You with a quotation prior to carrying out any additional work and will only carry out this additional work with your agreement.

10. Risk and Title

(a) The Goods will be at your risk from the time of delivery.

(b) Ownership of the Goods will only pass to you when Autotek receive full payment of all sums due in respect of the Goods, including any delivery charges.

11. Returns

(a) Non-faulty Goods

You have the right to return non faulty Goods to Autotek provided that the Goods are returned in accordance with clause 13.

(b) Faulty Goods

(i) Once the Goods are delivered, if they do not match the description of that on your confirmation order form, are damaged, or defective (where the same can be reasonably inspected), Autotek shall have no liability to You unless You notify Autotek in writing of the fault within 7 working days of delivery.

(ii) If You or someone on your behalf damage the Goods or install the Goods incorrectly, You are not entitled to exercise the cancellation or refund rights.

(iii) All Goods should be returned to Autotek in secure packaging with clear details of the fault.

(iv) Autotek reserve the right to repair the Goods, or refund the price of the Goods or supply You with a replacement.

(v) All returned Goods will be examined and tested by Autotek for any misuse by You.

12. Quality of Services

(a) Time will not be of the essence in respect of the provision of Services notwithstanding any provision to the contrary.

(b) Autotek aim to carry out the Services with reasonable care and skill. If any part of the Services is performed negligently or in breach of the provision of this agreement then, on your request, Autotek will re-perform the relevant part of the Services. Autotek will not be liable to re-perform any part of the Services which Autotek have performed negligently or in breach of this contract unless You notify Autotek in writing.

(c) Autotek may at any time without notification to You make any changes to the Services which are necessary to comply with applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Services. If additional fees are required your consent will be contained prior to the commencement of the work.

13. Cancellation Rights

(a) You can cancel your Contract, by written notification to Autotek, for the Goods at any time within 7 working days from the date of Delivery, provided that You have not opened the Goods packaging or broken any warranty seal. You do not have to give any reason for the cancellation.

(b) Please send all cancellation notifications to:
Unit 110, 89 Commercial Road
Bournemouth, BH2 5RR
United Kingdom

(c) Once You have notified Autotek that You are canceling the Contract any sum debited by Autotek from You will be re-credited to You within 30 days of your cancellation notification provided that the Goods are returned by You in the same condition they were received along with all packaging, manuals, cables and all warranty seals in tact. If You do not return the Goods within a reasonable period of time Autotek reserve the right to recover the costs from You for collection of the Goods.

14. Cancellation by Autotek

(a) Autotek reserve the right to cancel the Contract if:

(i) there is insufficient stock to deliver the Goods that You have ordered;

(ii) Autotek do not deliver to your area;

(iii) one or more of the Goods You ordered was listed with an incorrect price.

(b) If Autotek do cancel your contract Autotek will notify you in writing or by email and will re-credit to your account any sum deducted by Autotek as soon as possible but in any event within 30 days of receipt of your Order.

15. Quality

(a) Where Autotek is not the manufacturer of the Goods, they shall endeavour to transfer to the You the benefit of any warranty or guarantee given to them.

(b) Autotek warrants that (subject to the other provisions of these conditions) on delivery and for a period of 90 days from the date of delivery, the Goods shall:

(i) be of satisfactory quality within the meaning of the Sale of Goods Act 1979;

(ii) be reasonably fit for purpose;

(iii) be reasonably fit for any particular purpose for which the Goods are being bought if You had made known that purpose to Autotek in writing and Autotek has confirmed in writing that it is reasonable for You to rely on the skill and judgement of the Autotek.

(c) Autotek shall not be liable for a breach of any of the warranties in condition 15(b) unless:

(i) You give written notice of the defect to Autotek, and, if the defect is as a result of damage in transit to the carrier, within 7 days of the time when You discover or ought to have discovered the defect; and

(ii) Autotek is given a reasonable opportunity after receiving the notice of examining such Goods and You (if asked to do so by Autotek) returns such Goods to Autotek's place of business at the Your own cost for the examination to take place there.

(d) Autotek shall not be liable for a breach of any of the warranties in condition 15(b) if:

(i) You make any further use of such Goods after giving such notice; or

(ii) goods have been fitted by an unauthorized garage;

(iii) the defect arises because You failed to follow Autotek's oral or written instructions as to the storage, commissioning, use, installation or maintenance of the Goods or (if there are none) good trade practice; or

(iv) You alter or repair such Goods without the written consent of Autotek.

(v) You fail to provide Your Warranty Invoice or proof of purchase.

(vi) any warranty seal has been broken.

(e) Subject to condition 15(c) and condition 15(d), if any of the Goods do not conform with any of the warranties in condition 15(b) Autotek shall at its option repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if Autotek so requests, You shall, return the Goods or the part of such Goods which is defective to Autotek along with your Warranty Invoice.

(f) If Autotek complies with condition 15(e) it shall have no further liability for a breach of any of the warranties in condition 15(b) in respect of such Goods.

(g) Any Goods replaced shall belong Autotek and any repaired or replacement Goods shall be guaranteed on these terms for the unexpired portion of the warranty period.

16. Limitation of Liability

(a) Except in the case of death or personal injury caused by our negligence, our liability under or in connection with the Contract whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed the Price You have paid to Autotek .

(b) You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase from Autotek. The importation or exportation of certain Goods to You may be prohibited by certain national laws. Autotek make no representation and accept no liability in respect of the export or import of the Goods You purchase.

(c) Save as precluded by law, Autotek will not be liable to You for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem You notify to Autotek under this Contract and Autotek shall have no liability to pay any money to You by way of compensation other than to refund to You the amount paid by You for the Goods less charges incurred by Autotek i.e. postage and packaging, administration fees, handling charges and transaction charges.

17. Invalidity

(a) If any part of these terms and conditions is unenforceable (including any provision in which Autotek exclude our liability to You) the unenforceability of any other part of these conditions will not be effected.

18. Entire Agreement/ Misrepresentation

(a) These terms and conditions, together with our website set out the whole of our agreement relating to the supply of Goods and Services to You by Autotek . Nothing said by any salesperson, agent, employee, director or other representative on our behalf should be understood as a variation of these terms and conditions or as an authorized representation about the nature or quality of any Goods or Services offered for sale by Autotek . Save for fraud or fraudulent misrepresentation, Autotek shall have no liability for any such representation being untrue or misleading.

19. Third Parties

(a) For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision of this contract this is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

20. Data Protection

(a) You are responsible for ensuring that any 'Personal Data' (as defined by the Act) is supplied to Autotek within the terms of the Data Protection Act 1998. Autotek agree to process the data in accordance with lawful and reasonable written instructions provided by You. Further Terms and Conditions are set out in our Privacy Policy.

21. Law and Jurisdiction

(a) The validity, construction and performance of this Contract shall be governed by English Law and shall be subject to the exclusive jurisdiction of English Courts to which You and Autotek submit.