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1 Definitions and Interpretation
1.1 The definitions and rules of interpretation in this condition apply in these conditions.
In these conditions we or us means the Seller; you means the person or company who purchases the Goods and/or Services from us, and our and your shall be construed accordingly.
Confirmation means our acceptance of an Order in writing, specifying and incorporating and attaching these conditions,
Contract means the Order and our acceptance of the Order, either in writing by the issue of a Confirmation or as otherwise provided in accordance with, and incorporating, these conditions,
Fees means the amount payable for the Goods as specified in the Order,
Goods means any goods agreed in the Contract to be bought by you from us (including any part or parts of them), as specified in the Order,
Order means your written offer to us to buy Goods and/or Services,
Seller means JM imports ltdor the member of its Group specified in the Contract for the sale of the relevant Goods and/or Services,
Services means any services agreed in the Contract to be supplied by us to you, as specified in the Order,
1.2 A reference to a law or other statutory instrument is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.3 A reference to one gender includes a reference to the other gender.
1.4 Condition headings do not affect the interpretation of these conditions.
2 Application of Terms
2.1 Subject to any variation under condition 2.3, these conditions are the only conditions upon which we will deal with you and they shall govern the Contract to the entire exclusion of all other terms or conditions including without limitation any terms endorsed upon, delivered with or contained in our quotation, acknowledgement or acceptance of order, specification or similar document.
2.2 An Order for Goods and/or Services by you from us shall be deemed to be an offer by you to buy Goods and/or Services subject to these conditions and no Order shall be accepted until we either expressly, by giving notice of acceptance, or impliedly, by fulfilling the Order in whole or in part, accept the offer.
2.3 You are deemed to have accepted these conditions as part of the Contract when you make any such offer (by way of Order) and these conditions shall apply to the Contract.
2.4 You acknowledge that you have not relied on any statement or representation made or given on our behalf. Any estimate of quantities required or advice as to the suitability of Goods or Services for any particular purpose (whether expressly notified to us or otherwise) is for guidance only and without any liability on our part. You must satisfy yourself that any Goods and/or Services ordered are correct and required by you.
2.5 These conditions apply to all your purchases and any variation to these conditions shall have no effect unless expressly agreed in writing and signed by both parties.
2.6 Any typographical error or omission in any sales literature, quotation, price list or any other document or representation made by us may be corrected without any liability on our part and we are under no obligation to accept and/or fulfil any Order which includes or relies upon any such error or omission.
2.7 Your rights under these conditions are in addition to your statutory rights that may be implied in your favour including, without limitation, by the Sale of Goods Act 1979, and we confirm that your statutory rights are not affected by these conditions.
3 Quality and Description of Goods
3.1 The quantity and description of the Goods and/or Services to be supplied by us are set out in our quotation or Confirmation.
3.2 All samples, drawings, photographs, descriptions or other descriptive matter, specifications and advertising are issued or otherwise provided for the sole purpose of giving you an approximate idea of the nature of the Goods and/or Services. They shall not form part of the terms of the Contract and any sale of Goods or Services shall not be a sale by sample.
3.3 Where fine, special or unusual tolerances or qualities are required in the Goods and/or Services supplied beyond those generally accepted, no liability whatsoever shall attach to us for failure of the Goods and/or Services to meet such requirements unless both
3.3.1 such requirements are notified to us in writing at the time of the Order
3.3.2 we have acknowledged in writing that we are prepared to accept
(a) the entire Order; and
(b) provide the Goods and/or Services with those tolerances or qualities.
3.4 Unless we have undertaken to provide Goods and/or Services requiring special tolerances pursuant to condition 3.3 above, we make no warranty or representation as to the quality of any Goods or Services or their fitness for any purpose, whether such purpose has been notified to us or not, and any terms implied by the Sale of Goods Act 1979 in this regard are hereby excluded to the extent permitted by law.
3.5 It shall at all times be your responsibility to ensure that any Goods and/or Services ordered by you and supplied by us are fit and suitable for their intended use and we shall bear no responsibility for any loss or damage caused by the misuse of such Goods and/or Services by you or your failure to use them in accordance with any instructions provided by us or the manufacturer of them.
3.6 Goods and/or Services are supplied by us only to correspond to the purpose for which goods and/or services of that kind are commonly supplied and not for any alternative uses to which they may be put. Certain Goods we sell are intended for use in or with certain types of vehicles only and for certain purposes only. No liability for failure, loss or damage will be accepted by us in respect of any such alternative use, amendment or modification by you or anyone acting on your behalf, including in circumstances where we have not advised you of the vehicles and purposes for which those Goods are intended.
3.7 Whilst we make every effort to ensure that Goods supplied by us to you are suitable for use in your vehicle, any such opinion will be based entirely upon information provided by you with no inspection undertaken by us. As such, all such information or opinion is for indicative purposes only and should be checked and confirmed by you prior to placing an Order. Due to the unpredictable nature of the stress placed on vehicles (whether performance/competition vehicles, road vehicles or vehicles or ay other nature), and our inability to monitor and inspect the installation, modification and use of any Goods supplied by us to you, we give no warranty (whether express or implied) in relation to the Goods, apart from:
3.7.1 any warranty contained in these conditions;
3.7.2 any warranty expressly confirmed in writing by us at the time of the relevant Confirmation; and
3.7.3 any warranty provided by the manufacturer of any Goods we sell to you (in which case your rights shall be against the manufacturer and we shall bear no responsibility or liability to you arising out of or in connection with any claim thereunder).
4.1 Unless otherwise agreed by us, delivery of the Goods shall take place at the Site. Delivery shall be deemed to occur when you take possession of the Goods at the Site or, if we have agreed to deliver them elsewhere, when the Goods are unloaded at the delivery address. Delivery of the Services shall be deemed to occur when the Services have been completed by us and, if you order more than one Service, each shall be deemed to be delivered when it has been completed whether or not the others have been completed.
4.2 Any dates and times we specify for delivery shall be an estimate and we shall not be liable to you if we do not deliver on any particular date or at any particular time. Time for delivery shall not be of the essence and may not be made of the essence by notice or otherwise.
4.3 If you fail to accept delivery of any Goods when they are provided for delivery at the delivery address (which may include the Site), or we are unable to deliver the Goods or provide the Services because you have not provided appropriate and full instructions, access, documents, licences, authorisations or consents:
4.3.1 we shall be entitled to immediate full payment of the Fees and risk in the Goods shall pass to you; and
4.3.2 we may store such Goods (or any portion of them) until delivery is accepted by you; and
4.3.3 you shall be liable for all reasonable costs and expenses arising from such non-delivery including but not limited to transport, storage and insurance costs.
4.4 If, in the relevant driver's opinion, there is no suitable means of access to the delivery address, delivery will be made to the nearest point at which, in the driver's opinion, the Goods can be safely and lawfully unloaded.
4.5 We shall be entitled to make a charge for delivery in addition to the Fees if delivery is to be made at a delivery address other than the Site, and such charge will be specified and payable at the same time and on the same terms as the Fees.
4.6 We may deliver the Goods and/or Services by separate instalments. Each instalment shall represent a separate Contract and cancellation or termination of one instalment (where permitted hereunder) shall not entitle you to cancel any other instalment. Where delivery is made in instalments, we shall be entitled to make a charge for delivery of each instalment separately in accordance with these conditions, and such charge will be specified and payable at the same time and on the same terms as the Fees for the relevant instalment are.
4.7 We shall ensure that each delivery is accompanied by a delivery note which shows, among other things, the Order number, date of Order, number of packages and contents and, in the case of part delivery, the outstanding balance remaining to be delivered.
4.8 Unless otherwise agreed by us and confirmed in writing in the relevant Confirmation, deliveries shall only be made during normal business hours.
4.9 Packaging material shall only be returned to us at your cost and we may in any event and in our absolute discretion refuse delivery of the same with no liability.
4.10 We shall not be liable for any shortfall or omission in quantity or type of Goods and/or Services delivered to you unless you give us written notice of the same within two working days of delivery, specifying the Goods and/or Services that were omitted. In any event our liability shall be limited to making good the shortfall or (in our absolute discretion) issuing a credit note or refund at the pro rata Contract rate against any invoice raised for such Contract
5 Title and Risk
5.1 Risk in the Goods shall pass to you upon delivery, or deemed delivery in accordance with condition 4, and title to the Goods delivered to you shall pass on full receipt of the Fees (including any relevant delivery charges) for those Goods &am