Brook Suspension I Terms & Conditions
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE BY USING OUR WEBSITE AND/OR PLACING AN ORDER FOR GOODS YOU CONFIRM YOUR AGREEMENT TO OUR TERMS AND CONDITIONS AS SET OUT BELOW
1. Conditions
1.1 In these terms and conditions: 'goods' means the goods (including any instalment of the goods or any parts for them) which the Supplier is to supply in accordance with these terms and conditions 'Supplier' means Brook Automotive Limited (registered in England under number Company Reg No. 07780043)
'Website' means www.brooksuspension.co.uk
1.2 No variation to these terms and conditions shall be binding unless agreed in writing by the Supplier.
1.3 An order for goods placed by you through the Supplier’s website shall be subject to these terms and conditions. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
1.4 Nothing in these terms and conditions shall affect the statutory rights of any consumer.
2. Format of the Contract
2.1 These terms of sale apply to all goods supplied by the Supplier.
2.2 The contract is subject to your right of cancellation (see below).
2.3 The Supplier may change these terms of sale without notice to you in relation to future sales.
2.4 All orders for goods shall be deemed to be an offer by you to purchase goods pursuant to these terms and conditions.
2.5 You shall be responsible for ensuring the accuracy of the details provided on the order form and the Supplier will not be obliged to accept an order unless all details requested on the order form have been entered correctly.
2.6 No order submitted by you shall be deemed to be accepted by the Supplier unless and until the Supplier confirms acceptance of your order by e-mail or telephone.
3. Description and price of the goods
3.1 The description and price including VAT of the goods you order will be as shown on the Suppliers website at the time you place your order.
3.2 All prices quoted are valid for 30 days only or until earlier acceptance by you, after which time they may be altered by the Supplier without giving notice to you.
3.3 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Supplier will inform you as soon as possible and refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
3.4 Every effort is made to ensure that prices shown on the Suppliers website are accurate at the time you place your order. If an error is found, or if prior to delivery the price of the goods increases due to any factor beyond the Supplier’s control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture) the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation from you within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 day period, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
3.5 In addition to the price, you may be required to pay a delivery charge for the goods in the amount as set out on the order form.
3.6 You are solely responsible for ensuring the accuracy of the terms of any order (including any applicable specification) and for selecting the goods and for giving the Supplier any necessary information relating to the goods within a sufficient time to enable the Supplier to perform the contract in accordance with its terms.
4. Payment
4.1 Payment for the goods and delivery charges can be made by any method shown on the Suppliers website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
4.2 By placing an order you consent to payment being charged to your credit card account as provided on the order form.
4.3 There will be no delivery until cleared funds are received.
4.4 Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
4.5 You, warrant that all details provided on the order form for the purpose of purchasing the goods are correct, that the credit card you are using is your own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the goods.
4.6 The Supplier will issue you with an electronic receipt to your email address once the goods have been dispatched.
5. Delivery
5.1 The goods you order will be delivered to the address you give when you place your order.
5.2 If delivery cannot be made to your address for reasons under the Suppliers control the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited.
5.3 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier in accordance with clause 7. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.
5.4 Any dates quoted for delivery of the goods are approximate only and the Supplier shall not be liable for any delay in delivery of the goods however caused and in particular the Supplier shall not be liable for any tradesman or other installation costs incurred by the Buyer if delivery of the goods is delayed. You should only arrange for subcontractors to install the goods once they have been received and checked. If the Supplier is unable to deliver the goods by the date quoted for delivery you shall be entitled to cancel the order at any time before delivery takes place.
5.5 Upon receipt of your order you will be asked to sign for the goods received in good condition. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as UNCHECKED.
5.6 In the event of a failed delivery attempt you will be responsible for the re-delivery of the item.
6. Risk/Title
6.1 The goods are at your risk from the time of delivery.
6.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
6.2.1 the goods, and
6.2.2 all other sums which are or which become due to the Supplier from you on any account.
6.3 The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.
7. Your Right Of Cancellation
7.1 Save in the case of goods supplied to your specification you have the right to cancel the contract at any time up to the end of 14 working days after you receive the goods (see below).
7.2 To exercise your right of cancellation, you must give written notice to the Supplier by hand, post, fax, or email, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
7.3 Except in the case of faulty or misdescribed goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost and in the original and unmarked packaging. The goods must be returned in the same condition as supplied and you must take reasonable care of the good until they are returned. The goods must be returned to the address shown within the Contact Us section of the website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or misdescribed goods we shall, after receiving notification in accordance with clause 8.3 or 8.4, either collect the goods from you or ask you to return the goods yourself and refund you the reasonable postage costs.
7.4 Bespoke goods made to your specifications cannot be returned or cancelled unless misdescribed or faulty. It is therefore important you make absolutely sure that the item matches the correct dimensions and specifications you require.
7.5 Once you have notified the Supplier that you are cancelling the contract in accordance with clause 7.3, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
7.6 Any goods returned to use will be charged a restocking fee of 10% of the items value.
7.7 Except in the case of faulty or misdescribed goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods and or the loss in value of the goods should they not be returned as new.
7.8 All goods that are unwanted must be returned in the original packaging and without use. A restocking fee of 10% of the value will be charge for goods that are returned if not required.
8. Warranty
8.1 All goods supplied by the Supplier are warranted free from defects for 24 months from the date of delivery (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
8.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Suppliers instructions, misuse, or any alteration or repair carried out without the Suppliers approval.
8.3 This warranty does not apply and the Supplier shall be under no liability in respect of any defect in the goods arising from any drawing, design or specification supplied by you or any installation of the goods by you or your contractor.
8.4 If the goods supplied to you are damaged on delivery or don’t correspond with specification (other than in respect of a bespoke specification), you should notify the Supplier in writing via the e-mail address shown within the Contact Us section of the website within 7 days from the date of delivery.
8.5 If the goods supplied to you develop a defect in relation to their quality or condition while under warranty you should notify the Supplier in writing via the e-mail address shown within the Contact Us section of the website, as soon as possible, but in any event within a reasonable time after discovery of the defect or failure.
8.6 Where any valid claim in respect of any of the goods which is based on any defect in the quality or condition of the goods or their failure to meet specification (other than in respect of a bespoke specification) is notified to the Supplier in accordance with these conditions of supply, the Supplier shall be entitled to replace the goods (or the part in question) free of charge or, at the Supplier's sole discretion, refund you the price of the goods (or a proportionate part of the price), but the Supplier shall have no further liability to you.
9. Limitation of Liability
9.1 The Supplier shall not be liable to you for any loss or damage in circumstances where:
9.1.1 there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
9.1.2 such loss or damage is not a reasonably foreseeable result of any such breach;
9.1.3 any increase in loss or damage resulting from breach by you of any term of this contract.
9.2 The Supplier shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Supplier, its employees or agents or otherwise) which arise out of or in connection with the supply of the goods or their use by you, other than as a result of a breach of an obligation arising under the Sale of Goods Act 1979 (as amended), and the entire liability of the Supplier under or in connection with the contract shall not exceed the price of the goods, except as expressly provided in these conditions of supply.
9.3 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Suppliers negligence or fraudulent misrepresentation.
9.4 The Supplier will use all reasonable endeavours to carry out its obligations within a reasonable period of time but will not be liable to you, for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the goods, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following will be regarded as causes beyond the Supplier’s reasonable control:
9.4.1 act of God, explosion, flood, tempest, fire or accident;
9.4.2 war or threat of war, sabotage, civil disturbance or requisition;
9.4.3 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
9.4.4 import or export regulations or embargoes;
9.4.5 strikes, lock outs or other industrial actions or trade disputes;
9.4.6 difficulties in obtaining raw materials, labour, fuel, parts or machinery;
9.4.7 power failure or breakdown in machinery
9.5 Except where you, the buyer are dealing as consumer (as defined in the Unfair Contract Terms Act 1977 section 12 as amended) the Supplier does not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the goods.
10. Data Protection
The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
11. Website
11.1 Product images are for illustrative purposes only and the goods may differ slightly from the images shown on the website.
11.2 The Supplier will attempt to ensure that the information available on the website at any time is accurate. However, the Supplier will not be held liable for any errors or omissions. The Supplier will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these.
11.3 All drawings, descriptive matter and specifications of the goods on the website are for the sole purpose of giving an approximate description of the goods.
11.4 The Supplier may also change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content or restrict access to parts or all of the website without notice or liability.
12. General
12.1 These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.
12.2 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provision in question will not be affected.
