These terms and conditions do not apply to items listed as NOS - New Old Stock.
Definitions
1.1
Throughout these Terms and Conditions (T&Cs) “We”, “Our” and similar personal pronouns means StarterMotorAlternator.com (full details are set out above) and “You” and similar pronouns means the customer who places an order.
1.2
The expressions in Column 1 of the table below have the meanings set out opposite in Column 2
1.3
Contract: The contract you enter into when you order Goods via our Website, which incorporates these T&Cs
Delivery: Delivery takes place on the date and time at which you receive the Goods at the address notified by you as shown on any delivery receipt that you are asked to acknowledge by the carrier
Goods: The starter motors, alternators or other equipment specified in an order
Original Parts: Any starter motors, alternators or other equipment that are intended to be replaced by the Goods and that we agree you can return to us under clause 3
Price: The total price for the Goods published on the Website
T&Cs: These Terms and Conditions
Warranty: That (i) the Goods will correspond with their description (ii) the quantities specified in the order will be Delivered and (iii) the materials and workmanship used in the manufacture of the Goods will not be defective.
Website: The website at www.startermotoralternator.com
2 Formation of the Contract and Cancellation Rights
2.1
You can order the Goods by any of the means published on the Website.
2.2
We can’t promise that the prices on the Website will always be accurate and the fact that we have published those prices does not constitute an offer to supply Goods at those prices. If we discover an error after you order the Goods we will advise you as soon as possible and you can choose to continue with the order at the revised price or cancel.
2.3
Except in any case of a pricing error on the Website as described in clause 2.2 the Contract becomes binding on the date and time that we send you our order confirmation by automated e-mail.
2.4
Where Goods of a particular description become unexpectedly unavailable or subject to delay we will advise you as soon as possible and will use reasonable efforts to offer you a revised delivery date substitute similar Goods, which you are free to accept or not. If you do accept substitute Goods but then exercise your right to cancel under clause 2.5 we will refund the cost of any return delivery charges you incur.
2.5
You have the right to change your mind and cancel the Contract at any time within 14 working days of the date of you receive the Goods by notifying us of this by e-mail, fax or by posting to (or leaving at) the address set out on the Website. Unless the circumstances described in clause 2.4 apply you must pay the return delivery charges set out on the Website. If you cancel the Contract you must also be available to hand the Goods (re-packed securely in their original or adequate alternative packaging) to the carrier on the date and time that we arrange with you.
3 Payment and Original Equipment
3.1
You can pay for Goods by any of the mechanisms shown on the Website.
3.2
If we notify you at the time you place your order you can return Original Parts to us for recycling. In such a case a recycling credit will be set out in our order confirmation in respect of the Original Parts that correspond to the Goods.
3.3
We will pay the recycling credit to the payment account used when you ordered the Goods once we have received the Original Parts provided they are (i) received within 30 days of the date of Delivery of the corresponding Goods and (ii) in a good enough condition so as to be suitable for recycling.
4 Delivery
4.1
Risk of loss in the Goods passes to you on Delivery.
4.2
You must check that the Goods match the descriptions and quantities in the order, match the specification of the equipment that they are intended to replace and are not damaged or defective. If you are in any doubt about whether or not the Goods match the specification of the equipment that they are intended to replace you should contact us before attempting to fit the Goods and in no circumstances should you attempt any alterations to the Goods.
4.3
Any Goods which do not match their description or quantity or, on reasonable inspection, are alleged to be damaged or defective, must be noted on any delivery document at the time of delivery and signed by you and written notice of the loss, damage or defect must be notified to us within 7 working days of the date of Delivery.
4.4
We are not responsible for damage to the Goods caused by defects in any equipment to which they are attached.
4.5
We are not liable for damaged or defective Goods unless:
(i) In the case of damage or defect that ought to be apparent following reasonable inspection you: (a) have notified the alleged damage or defect in accordance with clause 4.3; (b) retain the Goods (and their packaging) and (c) make them available to us for inspection.
(ii) In the case of damage or defect not apparent following reasonable inspection: you (a) have notified the damage or defect within 7 working days of the same becoming known to you and, if practical, you (b) retain the goods (and their packaging) and (c) make them available to us for inspection.
5 Warranty
5.1
We promise that the Goods will conform to the Warranty. Our entire liability to you under the Warranty is to replace or repair the damaged or defective Goods (at our discretion). The Warranty does not apply if the damage or defect is caused by your misuse, neglect, accident or wear and tear.
5.2
You are responsible for ensuring that the Goods are suitable for your requirements and any advice or guidance we may provide about the selection of Goods (i) relies on information from our suppliers or other third parties (ii) is given free of charge in good faith and (iii) does not constitute any representation about the suitability of the Goods.
5.3
Nothing in this clause 5 or in any other term of this Contract applies to limit or exclude (i) your statutory rights (ii) our liability to you for loss resulting from death or personal injury (iii) breach of statutory conditions as to title or (iv) fraudulent misrepresentation.
6 General
6.1
We can terminate the Contract immediately (i) on notice if the Contract becomes impossible to perform because of any cause beyond our reasonable control or (ii) on notice in relation to any part of the Goods if any information given by our suppliers which we relied on turns out to be inaccurate to the extent that it becomes unprofitable for us to supply those Goods to you.
6.2
The provisions of clauses 5 and 6 survive termination of the Contract whatever the reason for termination.
6.3
If any of the terms of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
6.4
The Contract and any document expressly referred to in it represents the entire agreement between the parties and supersedes any prior agreement, understanding or arrangement whether oral or in writing.
6.5
Neither party has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations prior to entering into the Contract except as expressly stated in the Contract or any document expressly referred to in it.
6.6
Neither party has any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of the Contract (unless such untrue statement was made fraudulently) and a party’s only remedy shall be for breach of Contract.
6.7
No term of the Contract shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to the Contract but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.
6.8
The Contract and any disputes or claims arising out of or in connection with its subject matter are governed by and construed in accordance with the law of England and Wales and the courts of England and Wales have exclusive jurisdiction to determine any dispute or claim.
