Terms and Conditions

CONDITIONS OF SALE

1.DEFINITIONS
In these conditions -
(a)  The Company means Exhaust Direct Fit
(b)  The Purchaser means, the party with whom the Company is contracting.

2.APPLICATION OF THESE CONDITIONS CANCELLATIONS ETC.
(a)  All quotations are made and all orders are accepted subject to the following conditions.
All other conditions whatsoever are excluded from the contract, unless expressly accepted by a Director of the Company in writing or such additional written conditions as may be set out in the relevant price list or a specific dealership agreement.
(b)  Materials to be sold from stock are offered subject to the same being unsold on receipt of order.  Further, no orders   placed on the Company shall be binding upon the Company until expressly confirmed by the Company in writing, whether or not such order is placed pursuant to a quotation by the Company either orally or in writing.
(c)  Without prejudice to its other rights and remedies, the Company may, if the Purchaser is  in default in making any payments due to the Company (whether under the same contract or otherwise) or if any administrator, receiver or liquidator is appointed, in respect of a purchaser suspend further delivery of goods or performance of services or at its option cancel any outstanding order or the undelivered balance thereof without any liability to the purchaser in respect of such suspension or cancellation and the Purchaser shall on demand indemnify the Company  against any loss, damage, liability, cost or expenses suffered or  incurred in connection with the preparation for or performance of the contract or by reason of such suspension or cancellation.

3.LIMITATION OF AUTHORITY OF COMPANY’S REPRESENTATIVES
(a) No representative or agent of the Company has any authority to agree or make any representations inconsistent with any of these conditions or enter into any contract except on the basis of them.  Any such contract will only bind the Company in writing and signed by a Director of the Company.
(b)  Quotations indicate the price at which the Company would be willing to supply goods if an order is placed within 30 days.  They are not offers to supply goods and any order placed on the basis of a quotation must be accepted in writing by a Company in order to form a contract.

4.PRICES
The price payable for goods shall, unless otherwise stated by the Company in writing and agreed on its behalf, be that ruling on the date of despatch.

5.PRICE INCREASES
All prices are subject to fluctuation in the event of:
(a)  Any increase or decrease in the basic cost of raw materials.
(b)  Any increase in the level of import duty, Taxes, freight and insurance charges applicable to any product or material which the Company requires to import.
(c)   Any increase in the cost of labour.
(d)  Any increase in the cost of material other than basic raw materials, imported materials, or services.

6.TERMS OF PAYMENT
(a)  All payments to be made before any item will be released by the company, upon receiving the payment your goods will be released.

7.PASSING OF TITLE AND RISK
(a)  From the time of delivery the goods shall be at the risk of the Purchaser who shall be solely responsible for their custody and maintenance.
(b) Notwithstanding delivery and the passing of risk in the goods or any other provision of these Conditions, the property in the goods shall not pass to the Purchaser until the Company has received in full (in cash or cleared funds) all sums due to it in respect of:
(i)the goods; and
(ii)all other sums which are or which become due to the Company from the purchaser on any account.
(c) Until such time as the property in the goods passes to the Purchaser, the Purchaser shall:
(i)hold the goods as the Company’s fiduciary agent and bailee, and shall keep the goods separate from those of the Purchaser and third parties and properly stored, protected and insured and identified as the Company’s property;
(ii) be entitled to resell or use the goods in the ordinary course of its business, but shall account to the Company the proceeds of sale or otherwise of the goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from moneys or property of the Purchaser and third parties and, in the case of tangible proceeds, properly stored, protected and insured.
(d) Until such time as the property in the goods passes to the Purchaser (and provided the goods are still in existence and have not been resold), the Company shall be entitled at any time to require the Purchaser to deliver up the goods to the Company and, if the Purchaser fails to do so forthwith, to enter upon any premises of the Purchaser or any third party where the goods are stored and repossess the goods.
(e) The Purchaser shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the Company, but if the Purchaser does so all moneys owing to the company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.

8.DELIVERY
(a)   Time for delivery is given as accurately as possible but is not guaranteed.
(b)   Under no circumstances will delay entitle the Purchaser to treat the contract as repudiated or to damages.
(c)   Delivery shall be effected when the goods arrive at the premises of the Purchaser stated in the order. The Purchaser is responsible for unloading the delivery vehicle.
(d)  The Purchaser shall be responsible for all loss, damage or deterioration in the goods supplied occurring from the time of  arrival at the place of delivery.
(e)   The Company will endeavour to comply with reasonable requests by the Purchasers for postponement of any stated delivery date but shall not be obliged to do so. In the event of any postponement at the request of the Purchaser, shall pay all costs and expenses incurred including the reasonable charge for storage.
(f)   The Company reserves the right to re charge to the Purchaser demurrage costs of £20.00 per hour incurred in the event of vehicles being unduly delayed.
 (g)   The Purchaser undertakes carefully to examine the goods supplied immediately on arrival at the point of delivery. The Purchaser shall have no right or claim for (1) Shortages or (2) Defects which careful inspection upon delivery ought to reveal unless the Purchaser can show compliance with the following:
(h)  Shortages are brought to the attention of the driver of the delivery vehicle and clearly marked on the Purchaser signed copy of the delivery note and countersigned by the said driver at the time of delivery.  The Company must also be notified by telephone or fax otherwise no responsibility will be accepted by the Company and no claim for shortages will be entertained.
(2)  Defects which are apparent on inspection
(a)  The Purchaser carries out a thorough inspection of the goods within three working days of arrival at its premises.           
(b)  A written complaint is made to the Company and to the carrier within four working days of receipt of the goods  or such shorter period as the carriers conditions (if applicable) require specifying the defect.
(c)  The Company is given a reasonable opportunity to investigate any complaint before any use of or alteration to or interference with the goods.
(3)  If a complaint is not made to the Company as herein provided then the goods shall be deemed to be in all respects in accordance with the contract and the Purchaser shall be bound to pay for the same accordingly.
Where a valid complaint is made to the Company pursuant to these conditions, the Company will make good the shortage and/or deliver replacements.

9.  GUARANTEE
(a)  The company accepts no liability in respect of defects to Goods caused by external impact, abnormal wear and tear, neglect or misuse.
(b)  Nothing here in shall impose any liability upon the Company in respect of any defect in the goods arising out of the acts, omissions, negligence or default of the Buyer, its servants or agents including in particular but without prejudice to the generality of the foregoing any failure by the Buyer to comply with any recommendations of the Company as to storage and handling of the Goods.
(c)  Where goods are for delivery by instalments, any defect in any instalment shall not be a ground for cancellation of  the remainder of the instalments and the Buyer shall be bound to accept delivery thereof.

10. RETURN OF GOODS
 (a) Provided a written request is made detailing the goods involved, the Company will accept the return of all goods other than discontinued or superseded lines or special order parts delivered within the twelve months prior to the written request up to a maximum of 2.5% of the value of the previous twelve months net purchases in any twelve- month period and will refund the cost thereof less 20% in respect of a handling charge.
(b)  No goods will be accepted by the Company unless fourteen days written notice in accordance with the foregoing is given to the Company and any decision by the Company as to what constitutes discontinued or superseded lines or special order parts shall be final and binding.

At Exhaust Direct fit we hope that you are happy with your purchases, however we know that sometimes you will need to return or cancel an item.

• Before returning any goods please read our Terms and Conditions.
• Any products returned must be in a re-saleable condition & include the original packing and documentation. Returns will not be accepted if exhausts have been fitted or paste applied. Or marked in anyway which affects resale.
• Exhaust Direct Fit must be informed of any return requests within 7 days of the original order date.
• By email sales@exhaustdirectfit.co.uk and Tel: 0845 2300 489 to confirm acceptance.

Once your return is authorised an acknowledgement will be emailed to the address used on your original order. Lines are open 8:00 - 17:00 Monday to Friday. Any products returned without a valid Returns email will be refused. Please return your item(s) in original packaging and ensure that all packages are securely wrapped.

Returns:

Web Returns
Exhaust Direct Fit
428 Donegal Road
Boucher Road
Belfast
BT12 6HF

The customer is responsible for all postage costs for products returned under our Returns Procedure unless this has been specifically agreed and confirmed in advance with the Customer Services Department.

Exhaust Direct Fit  will not accept responsibility for loss or damage of goods during transit, please ensure that the insurance cover option is taken where possible.

All returns must be received within 7 days of receiving a Returns Authorisation email.

11.PACKING
(a)   Unless otherwise agreed in writing, cases and other packing materials when charged for, will be credited if returned to  the Company’s works within two months and in good condition.
(b)  packaging (if any) supplied by the Company unless otherwise expressly agreed is intended to provide adequate protection throughout normal conditions of transit of usual duration.

12.PURCHASER’S DRAWINGS
The Company shall not be liable for imperfect work caused by any inaccuracies in any drawings, bill of quantities or specifications supplied by the Purchaser.

13.PURCHASER’S PROPERTY
The Company does not accept responsibility for the Purchaser’s samples, drawings, tools or other property in the Company’s possession and the Company will not accept any claim for loss or damage to the same howsoever arising.

14.LIABILITY
(a)   No representation or warranty is given as to the suitability or fitability of the goods for any particular purpose and the  Purchaser shall satisfy himself with regard thereto and shall be totally responsible therefore.
(b)   The Company will use every effort to ensure that the goods are delivered in good condition, and agrees in the case of  goods supplied by the Company, being acknowledged by it as defective or faulty to deliver replacements provided that  the defect or default is notified to the Company in accordance with condition 8I.  The Company reserves the right  before replacing the goods or crediting the Purchaser to inspect them under working conditions.
(c)   The performance by the Company of its obligations contained in the condition shall be the total liability of the Company  in respect of any defect or fault in the goods supplied by it hereunder.  Delivery replacements shall include all costs of  delivery to the Purchasers premises, but shall exclude all consequential loss or removal or rectification work required in        connection with such replacement and no liability shall attach to the Company for any direct or indirect costs, damage or   expenses arising out of  or occasioned by any fault or defect of the goods supplied by the Company.
(d)   The Purchaser warrants:
 (i)That it purchased the goods in the course of its business and not for private use and that it purchased the goods in a           competitive market and that the bargaining strength of the Company was not a relevant factor in the purchase of  goods from the Company.
(e)   Save where the Company is shown to have failed to exercise reasonable care in the manufacture and/or supply of the Goods and such failure results in death or personal injury, the Company shall not be liable in respect of claims arising by  reason of death or personal injury.  Further under no circumstances whatsoever shall the Company be liable for consequential loss (including removal or rectification work required in connection with the installation of repaired or  replacement Goods) loss of profits or damage to property.

15.FORCE MAJEURE
The Company shall be entitled to suspend or cancel its obligations under the contract without liability for any damage or consequential loss, due to circumstances beyond the Company’s control i.e.,
(a)   Government intervention, war, industrial dispute, strike, accidents, breakdown of plant and machinery, fire or any other  cause.
(b)   Unavailability of raw materials from the Company’s normal suppliers. Such suspension or cancellation being without  prejudice to the Company’s right to recover all sums owing to it in respect of deliveries and costs incurred at that time.

16.This contract is subject to Northern Ireland Law and the Purchaser and the Company agree that all proceedings between them will be brought in the courts of Northern Ireland.