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The following General Conditions of Sale shall apply to all contracts for the sale of Services and or Goods supplied by Partspanel Ltd and shall prevail over any terms and conditions inconsistent with them whether appearing on the order placed with Partspanel Ltd or otherwise :


DEFINITIONS

  • "Partspanel Online " is trading from Partspanel Ltd.
  • "Website" is the Internet web page or Internet web pages published by Partspanel Ltd or any other party on its behalf in the course of its business practices.
  • "Customer" is any person, company or organisation who visits and uses information from the Website.
  • "Services and or Goods" are those services and or Goods provided by Partspanel Ltd to the Customer as detailed in Schedule A below.


APPLICATION OF THESE TERMS & CONDITIONS TO THE SERVICES

  • The Customer shall pay to Partspanel Ltd the cost of the Services and or Goods purchased by the Customer by one of the methods defined in Schedule B below.
  • Partspanel Ltd shall make available to the Customer the Services and or Goods chosen by the Customer defined in Schedule A below or otherwise at such time as the completion of the Service is met by Partspanel Group Ltd.
  • Partspanel Ltd gives no warranty as to the quality or utility or otherwise of the information or the Services and or Goods other than that Partspanel Ltd shall provide to the Customer the Services and or Goods to a reasonable and competent standard.
  • Partspanel Ltd shall apply its Privacy Policy to the information of the Customer and the Customer shall be notified of that Privacy Policy in addition to these Terms & Conditions.
  • Illustrations. All drawings, illustrations, catalogues and advertising materials issued by Partspanel Ltd are intended only as a general guide to the goods.
  • Specifications. All weights, measures, capacities, power ratings and other specifications given by Partspanel Ltd are approximate only unless otherwise stated.


VARIATION AND TERMINATION

  • Partspanel Ltd reserves the right to modify or suspend or terminate the Services and or Goods at any time prior to the Services and or Goods or any part thereof being made available to the Customer by Partspanel Ltd with a full refund in the instance that, Partspanel Ltd has received payment from the Customer.
  • The Customer may cancel the Services and or Goods whereupon the Services and or Goods have not yet been made available or within seven days of order.


GENERAL

  • Governing Law and Jurisdiction - these Terms & Conditions are governed by and construed in accordance with the laws of England and Wales and the Customer hereby submits to the non-exclusive jurisdiction of the English courts.
  • Nothing in these Terms & Conditions shall be construed as affecting the statutory rights of the Customer.
  • Severability - these Terms & Conditions are severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of these Terms & Conditions.
  • Waiver – Partspanel Ltd failure to exercise any particular right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Partspanel Ltd in writing.
  • Representations – the Customer is notified and agrees that in entering into these Terms & Conditions the Customer does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these Terms & Conditions or not) other than as expressly set out in these Terms & Conditions as a warranty. Nothing in this Clause shall, however, operate to limit or exclude any liability for fraud.
  • Assignment - the Customer in entering into these Terms & Conditions undertake that the Customer will not assign, re-sell, sub-lease or in any other way transfer the Customer's rights or obligations under these Terms & Conditions or part thereof. Contravention of this restriction in any way, whether successful or not, will result in the Services being terminated by Partspanel Ltd forthwith. Partspanel Ltd assign these Terms & Conditions in whole or in part to any third party at its discretion.
  • Rights of Third Parties - A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any Clause of these Terms & Conditions.
  • Force Majeure – Partspanel Group Ltd shall not be liable in respect of any breach of these Terms & Conditions due to any cause beyond its reasonable control including but not limited to, Act of God, inclement weather, act or omission of Government or public telephone operators or other competent authority or other party for whom Partspanel Ltd is not responsible.


SCHEDULE A

Acceptance
An order whether or not based upon a quotation shall not be binding on Partspanel Ltd unless accepted in writing. Any representations made by Partspanel Ltd and not contained in its quotation or acceptance of order shall be excluded. Clerical errors in quotations or acceptances may be corrected at any time. Unless otherwise agreed, goods will be sold at the price current at the date of order.

Goods Supplied
  • Lighting
  • Front End
  • Air conditioning
  • Cooling
  • Side Section
  • Rear Section
  • Consumables

From time to time Partspanel Online (Part of Partspanel Ltd) also supply other car parts

Warranty and Defects:
All goods supplied by Online Automotive are new and covered by a manufacturer's warranty.

A) The warranties as to quality and fitness, skill and care implied by the Sale of Goods Act 1979 and/or Supply of Goods and Services Act 1982 (as amended) shall apply but the purchaser must satisfy himself as to the suitability of the goods to be supplied for any purpose to which he wishes to put the goods. The warranty periods applicable to particular goods are as laid down from time to time in Partspanel Ltd warranty circulars or as otherwise notified to the purchaser or if not so stated or notified shall be six months. All warranty periods commence with the date of supply.

Therefore mentioned warranties in "A)" above do not apply to defects in goods or damage to the goods caused by:
  • misuse, operation beyond the limits of rated capacity, or neglect or default in the use or application of the goods (other than by Partspanel Ltd), or
  • fair wear and tear, or
  • the use of spares or spare parts not supplied by Partspanel Ltd, except to the extent that Partspanel Ltd has recommended the use of such spares or spare parts, or
  • faulty workmanship or negligence on the part of any person (other than Partspanel Ltd), or
  • any accident, misuse or neglect attributable to any person, firm or corporation (other than Partspanel Ltd).


B) Except as mentioned in "A)" above, no condition, warranty or representation as to the goods or their quality, design, specification, performance or fitness for a particular purpose is given or shall be implied.

C) The liability of Partspanel Ltd for breach of the warranties mentioned in A) above shall be limited to the repair or replacement of the faulty goods and Partspanel Ltd shall not be liable whether in contract, tort or otherwise for any other or further loss, damage, expense or injury (except personal injury or death) whether to person or property howsoever caused and whether direct or consequential suffered by the purchaser, its employees, agents or any other third party arising out of the sale and installation of the goods.

Delivery
The purchaser shall pay the cost of carriage except that where the value of the order exceeds a minimum value as started by the company from time to time. The cost of delivery will vary depending upon the order placed. The seller will not effect insurance on the goods during transit unless requested in writing by the purchaser; the purchaser shall be liable to reimburse the seller for the cost of such insurance. Delivery dates are estimated only and not guaranteed and Partspanel Ltd shall have no liability for delay in delivery howsoever caused. All deliveries will include packaging, unless otherwise stated. Partspanel Ltd shall have no liability in respect of goods lost or damaged in transit or in course of loading or unloading unless the purchaser notes such loss or damage on the delivery receipt and gives notice thereof in writing to Partspanel Ltd and the carrier within three working days of delivery or, in case of non-delivery of an entire consignment, gives notice thereof in writing to Partspanel Ltd within ten working days of the date of invoice. Standard goods on which delivery is refused will be subject to a charge of 30% of the order value. Special items on which delivery is refused will be invoiced at the full net price.

Payment
Standard terms of payment for sales of all goods are:
  • Payment before dispatch


Invoice dates
Invoices will be raised on the same date as the goods are despatched. In the event that delivery of the goods cannot take place through no fault of Partspanel Ltd, the goods will be deemed to have been delivered and will be invoiced and payment will be due in accordance with Partspanel Ltd normal terms of trading.

Cancellations
No orders given to Partspanel Ltd may be cancelled without the consent of Partspanel Ltd, in writing having been obtained and it shall be an implied condition of such cancellation that the purchaser shall indemnify Partspanel Ltd against all loss and expenses occasioned thereby.

Returns
The return of goods supplied against a firm order will be the subject of handling and re-stocking charges (currently 15% of sale value), plus any incurred carriage charges.

Reservation of Title
Until such time as full payment is received by Partspanel Ltd for all goods and services supplied by Partspanel Ltd to the purchaser and the purchaser has paid in full any other monies owing to Partspanel Ltd, all goods shall remain the legal and beneficial property of Partspanel Ltd and the purchaser shall hold the goods as bailee for Partspanel Ltd and shall store the goods in such a way that it is clear that they are the property of Partspanel Ltd. The purchaser's right to the possession of the goods shall cease if he or it shall enter into a moratorium, administration, liquidation, bankruptcy, or composition or arrangement with creditors or have any property subjected to appointment of a receiver, enforcement of security, distress or execution of a judgment and Partspanel Ltd may at that time (without prejudice to its other rights and remedies) terminate the purchaser's right to sell the goods and may recover all of its goods in the purchaser's possession or under the purchaser's control which remain the property of Partspanel Ltd and Partspanel Ltd, its employees and agents are hereby irrevocably authorised to enter upon the purchaser's premises to recover the goods.

SCHEDULE B

PAYMENT
Payment for any Services and or Goods offered by Partspanel Ltd can be made in the following way:
  • Online credit or debit card payment via the website.
  • Personal cheque.
  • Bankers draft.
  • Direct deposit to Partspanel Ltd account.
  • Cash delivered in person.
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