Musso & Korando spare parts.

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 Terms & Conditions  
   

1. Definitions
" Buyer/Purchaser" Customer.
" Seller/Company" Korean Car Spares
" Goods" Means the articles or things or any of them described in the Order.
" Specification" Means a technical description, if any, of the goods contained or referred to in the Order.
" Order" Means the Order placed by the Buyer for the supply of goods.

2. Buyer's Order
a) These terms and conditions apply to all contracts of sale by the Seller unless varied in writing by authorised representatives of the parties. The placing of an order for goods (and/or services) quotes herein and/or acceptance of such goods (and/or services) shall be deemed to be acceptance of these conditions notwithstanding any other conditions which may be set out in or referred to in any invitation to quote or in any order.
b) These terms and conditions alone are the terms and conditions of the agreement between the parties and supersede all prior dealings, negotiations, representations or agreements whether written or oral expressed or implied. No variation of or addition to these terms and conditions shall be effective unless in writing by authorised representatives of the parties.

3. Conditions of Goods
The goods shall:
i) Conform as to quantity, quality and description in the case of a written Order with the particulars stated in the Order, and in the case of a verbal Order, given by telephone or otherwise with the particulars noted by the Seller at the time the Order is placed. It shall by the duty of the Buyer to check that an accurate note is taken in these circumstances.
ii) Be equal to the sample or specification (if any) provided by the Buyer or that given by the Seller.

4. Payment
a) Ledger Accounts
Unless otherwise agreed in writing between Buyer and Seller, all ledger accounts are due and payable strictly nett by the first of the month following the month of delivery to the Buyer.
b) Cash Orders
Orders from Buyers without an account are accepted if cash is sent with Order or if payment is made by cash on delivery.
c) Interest Charges
i) The Seller reserves the right to charge interest at an annual rate of 5% above the Barclays Bank Plc minimum lending rate for the time being (minimum 12.5% p.a.) on any invoice/statement remaining unpaid after due date and this charge shall accrue from day to day (as well as before any judgement) on:
a) all overdue payments and ,
b) the price of any goods of which the Buyer shall have failed to take delivery until the date they are actually delivered to the Buyer or are otherwise disposed of.
ii) All payment due hereunder shall be made in full without set-off or counterclaims.
d) Re-presentation
The Seller also reserves the right to charge the Buyer with the cost of re-presentation of cheques for whatever reason any cheque received from the Buyer or his agent is not paid on first presentation for payment at any time, at an amount for the time being charged by Natwest (Royal Bank of Scotland Plc.)

5. Delivery and Acceptance of Delivery
Delivery
a) Suggested delivery dates and promises of delivery are made in good faith and every effort will be made to keep to delivery dates given but time and place of delivery shall not be the essence of this contract and the Seller shall not be liable for any loss caused through delay or failure to deliver.
b) Acceptance of Delivery
If the Buyer fails to take delivery of the goods or any part thereof at the time agreed for delivery then the Seller shall be entitled to cancel or suspend such delivery and all other outstanding deliveries and to charge the Buyer with loss suffered.

6. Carriage
Where in any delivery and at any time the Buyer has agreed to be charged carriage either in full or in part, the cost of carriage will be shown as a separated item on the invoice. No allowance will be credited for goods collected from the Seller's warehouse by the Buyer.

7. Packing
a) Sales Transport
The goods to be properly packed and secured in such manner as to reach their destination in good condition under normal carriage conditions of the Sellerfs transportation.
b) Hired Carrier
The Seller shall not be liable for any damage or consequential loss of any kind whatsoever which may be caused to any goods at any time prior to receipt by the Buyer arising out of the absence of packing or protection or out of inadequate or faulty packing when delivered by a hired carrier.

8. Returns
a) Returns Procedure: Internet Order / Mail Order
Korean Car Spares must be informed in writing of any items that you wish to return for credit or exchange with 7 working days commencing the day after delivery. All items returned must be accompanied by either the relevant invoice or appropriate proof of purchase; i.e. credit / debit card receipt. All items ordered via our website or mail order line should be returned to Korean Car Spares at PO Box 3324 Barnet, Herts, EN5 2WW. The cost of returning items is the responsibility of the customer. All orders cancelled within 7 days (commencing the day after receipt of the goods) will be credited in full. Any shortfall or damage to goods must be notified as soon is reasonably possible following receipt of the goods.
b) Returns Procedure: Collected Orders:
All items returned must be accompanied by either the relevant invoice or appropriate proof of purchase, i.e. credit / debit card receipt. Items should be returned to Korean Car Spares. Any shortfall or damage to goods must be notified as soon as is reasonably possible following receipt of the goods.
c) Returns Procedure: Trade Customers:
Please contact Korean Car Spare for full details on our returns procedure.

9. Damage
a) The Seller does not accept responsibility for any damage, shortage, or loss in transit unless:
i) Notification - Damage, loss in transit or shortages is notified to the Seller:
1) within 7 days where delivery is made by the Seller's own transport or
2) within 3 days of receipt of goods carried by any other carriers. The carrier's receipt should be endorsed accordingly and a copy sent to the Seller at the time of notification.




ii) Claims - Non-delivery (total loss) is notified to the Seller within 10 days of the date of despatch.

b) General Claims
All other claims must be notified within 30 days of receipt of goods in the absence of notification of claims within the periods aforementioned to goods shall be deemed to have been delivered in accordance with the Contract.

c) Warranty
i) The invoice value of any goods supplied by the Seller and subsequently agreed by the Seller to be defective in design, materials or workmanship will be replaced or credited to the Buyer.
ii) Where the Buyer is a person dealing as a consumer there is to be implied in this contract the conditions and warranties contained in Section 13, 14 and 15 of the Sale of Goods Act 1979. The statutory rights of the consumer are not affected.
iii) Save as provided in this clause all representations, warranties or conditions express or implied statutory or otherwise are expressly excluded.

10. Ownership
a) Goods
Ownership in the goods will not pass to the Buyer until the Buyer has paid the full price owing and all such other amounts arising under this or any other contract and on any account whatsoever to the Seller for all goods supplied to the Buyer at any time and from the time of delivery until payment as aforesaid is made the goods shall be at the risk of the Buyer who shall be solely responsible for their custody and maintenance as if he were the owner.
b) Payments
Until payment in accordance with sub-clause a) hereof the Buyer shall keep the goods as bailee for the Seller and shall be fully responsible for the comprehensive insurance of same and shall be accountable to the Seller for the proceeds of any insurance claim relating to the goods.
c) Use
Nevertheless the Buyer is entitled to use or to resell the goods to third parties in the normal course of its business on condition that the goods or any amounts received from third parties for the goods are held by the Buyer as trustee for the Seller pending payment in full to the Seller and the Buyer will, at the written request of the Seller, enter into a legal assignment (in such form as the Seller shall reasonably require) of all rights, and claims that the Buyer shall have against any such third party. The Buyer warrants with the Seller to sell the goods at the best price reasonably obtainable in the open market.
d) Overdue Accounts ? Insolvency
Without prejudice to the provisions of Clause 4 hereof, the Seller has the express right (to be exercised in the absolute and unfettered discretion of the Seller) to treat the contract as discharged 7 days after the due date for payment has expired, or in the event of the Buyer becoming insolvent, making an arrangement with its creditors or (in the case of an individual) being declared bankrupt or (in the case of a company) having a Receiver appointed over the whole or any part of its assets or becoming subject to a resolution for its winding up whether compulsory or voluntary and in any such circumstance the Seller shall have the right to repossess the goods and for such purposes has the right to enter the premises of the Buyer.

11. Limitations Upon Liability
Advice given by agents or servants of this company during telephone/Internet orders is based entirely upon information given by the purchaser with no inspection undertaken. As such, all advice given is indicative only and all such advice should be checked by the purchaser prior to order. Where advice is given after visual inspection by agents or servants of this company, such advice shall amount to an opinion only. Additionally, goods supplied are supplied only to correspond to the purpose for which goods of that kind are commonly supplied and not alternative uses to which they may be put. No liability for failure can be accepted by this company for such alternative use, amendment or modification.
.  For trade buyers, the company is hereby excluded from any liability, howsoever arising, in respect of any express or implied condition, warranty or term, statement, representation whether statutory or otherwise, relating to the goods supplied. The t rade buyer accepts that he is best placed to insure against losses which arise by virtue of any breach of this agreement and warrants that he carries adequate insurance in this respect.
.  Goods ordered by the Buyer may not be compatible with vehicles which have been modified, adapted or altered.
.  Where goods ordered by the Purchaser are not compatible by reason of modification, adaptation or alteration, the Company may accept such goods back into stock entirely at its discretion, and shall either issue a refund or credit to the purchaser except where goods are specifically ordered for the purchaser where no such refund or credit will operate.
.  Where goods purchased by the buyer are alleged to be defective, the purchaser agrees to return such goods to the seller for inspection and report (without the seller replacing the said goods prior to such inspection). The purchaser also accepts that it is reasonable to inform the seller of any interruption, defect or other failure prior to contacting independent third parties or incurring expense and, in addition, to allow the seller to remedy the defect, failure or interruption. Parts modified or adapted by the purchaser shall no longer be warranted by the manufacturer nor shall the Company be liable for any failures resulting subsequent to modification as a result of such modification.
.  Competition goods are supplied for specialist use and are subject to extreme heat and stress whilst in use. Life expectancy and durability are greatly reduced and purchasers should note that any claim for failure/wear, shall not be entertained by the Company.  It is acknowledged by the buyer of such goods that the foregoing statement shall be a relevant and important issue in any claim brought against the Company and the Company shall, in turn, place importance upon this clause.  In addition, parts connected to parts supplied by this company may be placed under stress where specialist parts are used, and purchasers should take advice from experts prior to purchase. Manufacturers may also limit guarantees when components are installed for heavy use.
.  Where goods are defective, incorrectly supplied, delayed or otherwise in breach of the implied terms of the buyers statutory rights, all losses which result from loss of earnings or other similar losses, are excluded and shall not be reclaimable from the Company. In addition, the company shall accept no liability for death or personal injury unless caused directly by the Companies own negligence.
.  No liability is accepted by the company where purchasers attempt to modify or install components supplied where it is known or ought reasonably to be known to the Purchaser that the part supplied is incorrectly supplied or otherwise not in accordance with the order.
.  The company accepts no liability in respect of failure to supply or other interruptions caused by matters beyond the reasonable control of the company, including but without limitation, strikes, lockouts, civil disputes, acts of God, war or actions by third parties.
.  Notwithstanding any other provision of this Agreement, nothing in this Agreement shall confer a benefit on any person or persons not named as the purchaser herein (for the purposes of the Contract (Rights of Third Parties) Act 1999 or for any other purpose).

12. Low Volume Orders
The Seller reserves the right to vary its selling prices on any line or lines where the Buyer persistently orders in quantities not in accordance with agreed buying terms.

13. Default of Buyer
If the Buyer makes default in any payment or enters into any composition or arrangements with its creditors or if being an incorporated company has a Receiver appointed or passed resolution for winding up or a Court makes an Order to that effect or it has a Receiving Order made against it or if there is any breach by the Buyer of any of the terms and conditions thereof, the Seller may without prejudice to its other rights and remedies and notwithstanding any previous wavier of this right, defer or cancel future deliveries and the Buyer's power of sale referred to in Clause 11 hereof shall cease automatically on the commission of any act of bankruptcy or on appointment of a Receiver or passing of a resolution for winding up or on compulsory winding up.

14. Consequential Loss
Notwithstanding anything contained herein and except only as specified in the Warranty Clause 10(c), the Seller shall not be liable, under any circumstances, for loss of profit, use of goodwill or for delay in delivery for any direct or indirect or consequential loss of any kind whatsoever whether caused by negligence or otherwise, howsoever and all conditions and warranties whether expressed or implied are hereby excluded save only those which by statute may not be excluded.

15. Arbitration
a) Disputes
All disputes, differences or questions at any time arising between the parties as to the construction of the contract or as to any matter or thing arising out of the contract or in any way connected therewith shall be referred to the arbitration of a single Arbitrator who shall be agreed between the parties of failing such agreement shall be appointed at the request of either party by the President for the time being of the Law Society. The arbitration shall be in accordance with the Arbitration Act 1950 and any statutory modification or re-enactment thereof for the time being in force.
b) Period of Notice
Notices shall be sent by post, fax or e-mail to the last known address of the Buyer. Notices shall be deemed served by post 2 working days after posting and by fax or e-mail 12 hours after the same is sent.

16. English Law
Unless otherwise agreed the contract shall be subject to the English Law.

DATA PROTECTION
NOTICES TO PARTNERSHIP AND SOLE TRADER DEBTORS


We may transfer information about you to our bankers/financiers for the purposes of providing services and for the following purposes:-

Obtaining credit insurance
Making credit reference agency searches
Credit control
Assessment and analysis (including credit scoring, market product and statistical analysis)
Securitisation
Protecting our interests

We will provide you with details of our bankers/financiers and that of any credit reference agencies used.