" 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
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.
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
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
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
5. Delivery and Acceptance of 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
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.
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.
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 Sellerfs 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.
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.
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
||within 7 days where delivery is made by the Seller's own transport
||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
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.
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.
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.
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
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
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.
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.
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
Assessment and analysis (including credit scoring, market product and
Protecting our interests
We will provide you with details of our bankers/financiers and that of
any credit reference agencies used.