1.
Definition
1.1 The "trade Buyer" means the account
applicant or person who accepts a quotation of Japanpartsworldwide or whose
order for the Goods is accepted by Japanpartsworldwide.
1.2 "Japanpartsworldwide" means Jap Service
Parts Limited T/A Japanpartsworldwide.com
1.3 "Conditions" means the conditions of
sale set out in this document and any special and/or additional conditions
agreed in writing by Japanpartsworldwide.
1.4 "Good" or "Goods" means the
goods (including any instalment of goods or any parts for them) which Japanpartsworldwide
is to supply in accordance with these trade Conditions.
2. Conditions
2.1 These trade conditions apply to the sale of all
Goods by Japanpartsworldwide to the trade Buyer to the exclusion of all other
terms or conditions the trade Buyer may wish to apply under any request for
quotation, purchase order, confirmation of order or any such similar document
unless agreed in writing by Japanpartsworldwide.
2.2 Japanpartsworldwide' employees or agents are not
authorized to make any representations concerning the Goods and in placing an
order the trade Buyer acknowledges that the purchase does not rely on any such
representations unless confirmed by Japanpartsworldwide in writing.
2.3 Any error or omission in any sales literature,
quotation, price list, acceptance of offer, invoice or other document or
information issued by Japanpartsworldwide shall be subject to correction
without any liability on the part of Japanpartsworldwide and without any prior
notification.
2.4 Japanpartsworldwide shall not be held liable to
the trade Buyer for any direct or indirect, special or consequential loss or
damage, costs, expenses, loss of contract, goodwill, revenue, profit,
anticipated savings or any other claims for compensation whatsoever (whether
caused by negligence of Japanpartsworldwide, its employees or agents or
otherwise) which arise out of or in connection with the supply of the Goods or
their use or resale by the trade Buyer.
2.5 No contract for the sale of Goods shall arise
until Japanpartsworldwide dispatches the Goods to the trade Buyer.
2.6 Acceptance of delivery of Goods shall be deemed
conclusive evidence of the trade Buyer's acceptance of these Conditions.
2.7 The views or opinions expressed in any literature
or on Japanpartsworldwide web site are those of the contributors and should not
be taken necessarily as fact.
3. Prices
3.1 All prices given in any literature, price list or
on Japanpartsworldwide website including special offers and promotions are
strictly subject to availability. The trade Buyer should in all cases confirm
the price at the time of order. The latest price of an item will always be
updated and reflected in your basket prior to placing your order including
saved for later items. Japanpartsworldwide is a trade wholesaler. By
placing an order or request for quotation with Japanpartsworldwide, you are
accepting our trade terms and conditions and confirming you are purchasing
items for use in your trade. Your existing statutory rights are not affected by
these conditions.
3.2 Japanpartsworldwide reserve the right to revise
prices prior to dispatch of Goods to reflect any indirect or direct increase in
costs.
3.3 Unless expressly stated otherwise all prices are
exclusive of VAT. Charges for packing, postage and carriage (plus VAT) shall be
paid in addition.
3.4 Discounts including website promotional
discounts: From time to time we will offer discounts which will be for a
limited periods of time. Items which have been ordered with a discount but we
are unable to supply due to being out of stock or the item is no longer
available will not be subject to the discount if and when the item at a later
date becomes available.
4. Payment
4.1 Credit
accounts are available following acceptance of approved industry references.
Payment of credit accounts must be settled, with cleared funds, by the last day
of the month following the date of invoice, we suggest Bank transfer payments
are made by the 23rd of the month to achieve this.
4.2 Receipts for payment will not be issued unless
requested and agreed in writing by Japanpartsworldwide.
4.3 Time for payment shall be of the essence and any
failure to pay by the due date shall entitle Japanpartsworldwide to withhold
despatch of future orders (without prejudice to any other remedy that Japanpartsworldwide
may have).
4.4 Trade Buyers who do not qualify for credit
accounts may pay by debit or credit card or PayPal; payment must be made in
full before dispatch of any Goods.
4.5 All invoices shall be paid in full, free from any
deduction for any set-off, counter claim or otherwise.
4.6 When purchasing by credit or debit card via the
website your card details are sent directly to the card processing company (in
an encrypted file which is not human readable) for processing and
authorisation. Both Japanpartsworldwide and the card processing company are
fully PCI compliant.
5. Delivery General
5.1 The method of dispatch for all orders will be at Japanpartsworldwide'
discretion unless expressly agreed otherwise at the point of order.
5.2 Charges for and the timing of all deliveries will
be at Japanpartsworldwide discretion. Any promotional offers in respect of
delivery charges shall only apply to UK mainland.
5.3 Time of delivery shall never be of the essence
and Japanpartsworldwide shall not be liable for any losses, costs, damages or
expenses incurred by the trade Buyer or any other person or Company arising
directly or indirectly out of any failure to meet any delivery date. Any quoted
delivery date should be treated as an estimate; the Goods may be delivered by Japanpartsworldwide
before or after any quoted date.
5.4 A carrier's first attempt to deliver shall be
considered as the delivery date and unless otherwise agreed in writing by Japanpartsworldwide
all deliveries can take place up until 6 pm.
5.5 Japanpartsworldwide may deliver any order in
instalments and any delay, default or non-delivery in respect of any instalment
by Japanpartsworldwide shall not entitle the trade Buyer to cancel the
remainder of the order. Instalments will be invoiced separately, failure by the
trade Buyer to pay for any instalment will entitle Japanpartsworldwide to
withhold any further deliveries and the trade Buyer will remain liable for any
costs incurred by Japanpartsworldwide relating to the order.
5.6 Goods will be sent to the delivery address
notified at the time of order. The trade Buyer is responsible for any
arrangements necessary to take delivery of the goods whenever they are tendered
for delivery.
5.7 Should the trade Buyer fail to take delivery of
the Goods, without prejudice to any other right or remedy available to Japanpartsworldwide,
Japanpartsworldwide may do any or all of the following:-
5.7.1 Store the Goods on behalf of the trade Buyer
until delivery can reasonably be arranged. Reasonable costs (including
insurance) of storage shall be passed on to the Buyer.
5.7.2 Cancel the order and re-stock the Goods, in
which case reasonable costs for re-stocking and the original delivery charge
will be passed on to the trade Buyer.
5.7.3 Sell the Goods on behalf of the trade Buyer at
the best price readily obtainable, in which case the trade Buyer will remain
liable for the value of the goods as invoiced including delivery minus any
price obtained (after deducting all reasonable storage and selling expenses).
5.8 Contents damaged or missing must be reported to Japanpartsworldwide
via the returns/order issues section on our website within 3 days of delivery.
6. Deliveries Non UK
6.1 In addition to the conditions in section 5, the
following will apply to Goods ordered by any trade Buyer located outside the UK
or Goods delivered to an Address outside the UK.
6.2 The trade Buyer is responsible at their expense
to obtain any import or export license or any other documentation deemed
necessary by any compliant authority.
6.3 The trade Buyer is responsible for any import or
export duties, taxes or any other such charges as levied by any compliant
authority.
6.4 For the avoidance of any doubt any contract
regarding the supply of Goods by Japanpartsworldwide will be governed solely by
English law and the trade Buyer agrees to submit to the exclusive jurisdiction
of the English Courts.
7. Ownership and Risk
7.1 Japanpartsworldwide remain the owner of any Goods
ordered by the trade Buyer until Japanpartsworldwide has been paid in full in
cash or cleared funds for such Goods and all other Goods agreed to be sold by Japanpartsworldwide
to the trade Buyer for which payment is due.
7.2 Until such time as the trade Buyer has paid for
any Goods in full, the trade Buyer shall hold the Goods on behalf of Japanpartsworldwide
and shall keep the Goods separate from those of the trade Buyer and third
parties and properly stored, protected and insured and identified as Japanpartsworldwide'
property.
7.3 If any payment due under these Conditions is
overdue in whole or in part, Japanpartsworldwide may without prejudice to any
of its other rights recover and/or re-sell the Goods or any part thereof. Japanpartsworldwide'
servants or agents may enter the trade Buyer's premises to recover the Goods
and the trade Buyer shall be liable for all Japanpartsworldwide' costs of so
doing.
8. Guarantees and Warranties
8.1 Equipment and machinery supplied by Japanpartsworldwide
may be covered by their respective manufacturer's warranties. Unless expressly
noted, no warranty is provided on any product by Japanppartsworldwide.
Faults
which develop within the warranty period should be notified as specified. Japanpartsworldwide
will repair, replace or refund, at its discretion, any product which proves
within the guarantee period to be defective, except where the defect results
from misuse, fair wear and tear, wilful damage, negligence, abnormal working
conditions, failure to follow the instructions, lack of technical
understanding, alteration or repair without Japanpartsworldwide approval.
Unless
otherwise stated, all parts sold by japanpartsworldwide are like for like
replacements for the original part as found on the vehicle when it left the
factory. If a part has previously been replaced by a third party part, or
modified, it is the responsibility of the trade buyer to check if replacements
from Japanpartsworldwide will fit.
No
warranty or guarantee is provided for parts fitted to cars or engines that have
been modified outside of manufacturers original specification.
No
warranty or guarantee is provided for parts fitted by someone who is not a qualified
automotive technician by a suitable body such as (but not limited to IMI or ATA)
Any claim
for defect must be notified to Japanpartsworldwide within three days of receipt
of the goods or where the defect was not apparent on reasonable inspection
within seven days after discovery of the defect. If upon inspection, the
Manufacturer deems the product not to be faulty, Japanpartsworldwide reserve
the right to return the product to the Customer and to re-invoice.
8.1.1 Manufacturer’s warranties do not compensate for
any postage costs incurred when an item is required to be returned for
Investigation therefore transit costs are at the customer’s expense and will
not be refunded by Japanpartsworldwide. Japanpartsworldwide will forward return
goods to the Manufacturer at our expense if they are confirmed to be faulty in
manufacture.
8.2 Japanpartsworldwide shall be under no liability
regarding guarantees or warranties if any payment for the Goods is overdue.
10. Returns/Cancellations/Replacements
10.1 Goods supplied by Japanpartsworldwide in
accordance with any order made by the trade buyer must not be returned without
the prior authorisation. To obtain authorisation contact us by email or
using the contact form on the website. You will receive notification back
confirming that your return has been updated detailing the appropriate course
of action. Any items returned without prior authorisation will not be
recognised or accepted regardless of any proof of posting / delivery. All items
delivered to Japanpartsworldwide without prior authorisation will not be
recognised and will remain the customers’ property until such authorisation has
been provided. Unauthorised returned goods received will only be returned to
the customer at their expense and will be destroyed if not claimed within 6
months of receipt.
10.2 Due to the nature of certain items they are sold
on a no return, no refund basis. This policy is based on restrictions placed
upon Japanpartsworldwide by the manufacturers. Examples include sealed or
unsealed spare parts, assortments / kits, books / catalogues and consumables
10.2.1 Quality of products is often reflected in the
selling price. As a business to business trade transaction it is reasonable
that the trade buyer understands the relationship between quality and price.
10.3 In the case of Goods ordered in error or no
longer required by the trade Buyer, the trade Buyer will be liable for the cost
of delivery to Japanpartsworldwide or collection by Japanpartsworldwide.
10.4 As a trade wholesale supplier Japanpartsworldwide
will not enter into any claim for costs incurred when posting return goods to
us regardless of their disposition.
10.5 The trade Buyer will be liable for the cost of
remedying any damage to or loss of Goods returned where such damage or loss
has, in the opinion of Japanpartsworldwide, been caused by the Goods being
inadequately packaged by the trade Buyer or through the trade Buyer's fault.
10.6 Japanpartsworldwide reserves the right to make a
handling and restocking charge per item of £15.00 or 15% of the value of the
Goods (whichever is the greater) on Goods which are returned if they were
ordered in error or are no longer required by the trade Buyer. These charge
values also applies as a processing charge if we ask the supplier to
investigate your issue and your item is found not to have a manufacturing
fault. Any returnable goods ordered in error or no longer required must be
notified to Japanpartsworldwide within 7 days of receipt, after this period
they do become non returnable.
10.7 Goods not normally held in stock by Japanpartsworldwide
or that are subject to special order from the manufacturer/supplier ordered by
the trade Buyer may not be returned and no such order may be cancelled.
10.8 Contracts to which the DSRs (distance selling
regulations) do not apply include selling products and services to other trade
buyers (Businesses).
11. No Waiver
11.1 Should Japanpartsworldwide fail to insist upon
strict adherence to the provisions of these Conditions the trade Buyer shall
have no future right of waiver over any or all of these Conditions.
12. Notices
12.1 Any notice required by these terms and
conditions will be sent to the trade Buyer at its registered office or
principle place of business or such other address as is relevant at the time by
first class post. Notice will be deemed to have been delivered 48 hours after
posting (six days if overseas).
13. Enforceability
13.1 Should any of these terms or conditions be held
to be unenforceable or invalid in whole or in part the remainder of the terms
and conditions will not be affected.
14. Jurisdiction
14.1 Any contract arising from the agreement of Japanpartsworldwide
to supply Goods to the trade Buyer shall be governed by the laws of England and
the Buyer agrees to submit to the exclusive jurisdiction of the English courts.
15. Intellectual Properties
15.1 You may not otherwise reproduce, modify, copy or
distribute or use for commercial purposes any of the materials or content on
the Japanpartsworldwide website without written permission from Jap Service
Parts Limited.
16. Privacy Policy
16.1 At Japanpartsworldwide we
take your data and your privacy very seriously and will never sell, trade or
exchange your data with unauthorised parties. Any information that you
provide Japanpartsworldwide is
subject to our Privacy Policy and Cookie Policy which governs our collection
and use of your information. It is understand that through your use of the
service we provide that you consent to the collection and use (as outlined in
the Privacy and Cookies Policy) of this information. As part of providing you
with the services we offer, we may need to provide you with certain
communications, such as invoice or order status messages. These communications
are considered part of the service we offer and your account which you may not
be able to opt-out from receiving.
TERMS and CONDITIONS
Japanpartsworldwide is a trade wholesaler. By placing
an order or request for quotation with Japanpartsworldwide, you are accepting
our terms and conditions. Your existing statutory rights are not affected by
these conditions.