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General Terms and Conditions of Sale – Chase Engines Ltd

(www.chaseengines.co.uk & www.cylinderheads.co.uk)

  1. DEFINITIONS

1.1 In these Conditions (unless the context otherwise requires) the following expressions shall have the following meanings:

“COMPANY”: Chase Engines Ltd whose registered office is at Stonewall Place Silverdale ST5 6NR;

“CUSTOMER”: The person, firm, company or authority purchasing the Goods from the Company;

“CONDITIONS”: Means the standard terms and conditions set out in this document which shall govern all the Contracts between the Company and the Customer to the exclusion of any other terms and conditions;

“CONTRACT”: The Contract for the sale and purchase of the Goods between the Company and the Customer;

“GOODS”: The Goods (including any part shipment of an order) which the Company is to supply in accordance with the Contract.

1.2 The clause headings used in these Conditions are for ease of reference only and shall not affect the construction itself. Where the context admits, references to the singular shall include the plural and vice versa.

  1. ACCEPTANCE OF ORDER

2.1 All orders are accepted and all Goods are supplied on the basis that they are trade sales and that they are supplied subject to these Conditions. Non-trade sales, if accepted, are deemed outside of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 as the company is supplying goods that are made to the consumer’s specifications i.e. re-manufacturing to order a cylinder head to the specification (engine code) of the customer.

2.2 The ordering of Goods by the Customer shall be considered an acknowledgement that the Customer has accepted that all Goods supplied by the Company are sold subject to these Conditions.

  1. TERMS OF PAYMENT

3.1 Goods supplied are payable in English pounds. All invoices are payable fully in advance or if credit terms have been agreed; not later than 30 days from the date of invoice.

3.2 Goods Supplied outside the United Kingdom: The method and timing of payment shall be that stated in writing by the Company. Bank charges as a result of overseas receipts are at the liability of the customer.

3.3 If the Customer does not make full payment on the due date then the Company reserves the right, without prejudice to any other right or remedy, to: (i) charge interest at 4% over the base rate of Lloyds Bank PLC on any overdue accounts; (ii) cancel the Contract; (iii) suspend all further deliveries of Goods to the Customer; (iv) appropriate any payment received from the Customer to the Contract.

3.4 Extended payment terms or credit terms may be made available at the Company’s discretion and subject to such terms as the Company thinks fit.

  1. DELIVERY

4.1 Unless otherwise expressly provided in writing all sales are Ex-Works at the Company’s premises, notwithstanding that the Company may arrange for delivery. In the event that the Company arranges for delivery this shall be at the cost and risk of the Customer.

4.2 All allegations of non-delivery must be made by the Customer in writing to the Company within 10 days of the date of delivery of the goods (for claims of non-delivery) or within 10 days of the date of advice note or invoice, whichever shall be the shorter (for claims of discrepancies).

4.3 Any delivery date stated in the Contract is intended as an estimate only; and the Company shall not be liable for any damages or losses arising out of any delivery otherwise than as so stated.

4.4 If the Customer refuses or fails to take delivery of the Goods, the Company shall (without limiting its other rights) be entitled to: (i) terminate the Contract with immediate effect; (ii) dispose of the Goods as the Company may determine; (iii) recover from the Customer any loss and additional costs incurred.

4.5 At the request of the Customer, the Company shall arrange for carriage and transport insurance to the destination specified in the Customer’s order on such terms as the Company considers appropriate.

4.6 The Company may deliver the Goods in one or more instalments and each instalment shall be treated as a separate Contract.

4.7 All Goods shall be subject to reasonable commercial variation as to quantity other than where specifically agreed to the contrary by the Company in writing.

4.8 The Company’s liability for the loss of or damage to any goods shall be limited to £12 per kg of gross weight lost or damaged up to a maximum of £1000 per Consignment unless the customer has purchased extended cover.

4.9 If the Customer has paid for ‘Extended Cover’, the Company’s liability shall be limited to a maximum of £5000 per Consignment as calculated by reference to the actual value of the Consignment.

  1. PRICES

5.1 Unless otherwise expressly provided in writing, all quotations issued to the Customer are Ex-Works and exclusive of VAT which will be payable at the appropriate rate in addition where applicable. The Company reserves the right to vary its price list from time to time without prior notice.

  1. DESCRIPTION AND SPECIFICATION

6.1 Whilst every effort is made to ensure the accuracy of the descriptions, illustrations and material contained in any catalogue, price list, brochure or leaflet, the descriptive matter represents the general nature of the items described therein, but does not form part of any order or Contract or amount to any representation or warranty.

6.2 Any manufacturers part numbers quoted in any literature produced by the Company are provided for Customer reference only.

6.3 Any errors or omissions in any documents or information provided by the Company shall be subject to correction without any liability on the part of the Company.

6.4 The Company’s remanufactured cylinder heads are not supplied with ancillary components e.g. timing chains, tensioners, camshaft adjuster units, head gaskets, head sets, head bolts etc unless requested by the client and quoted as separate parts, in writing, by the company.

  1. TITLE

7.1 Notwithstanding the passing of risk in the Goods, title and property in the Goods shall remain with the Company until all sums owed by the Customer to the Company are paid for in full.

7.2 Until all sums owed by the Customer to the Company are paid for in full, the Customer will hold the Goods as the Company’s fiduciary agent and bailee, and will keep the Goods separate from those of the Customer and third parties and properly stored, protected, insured and identified as the Company’s property.

7.3 The Customer may use or sell the Goods in the normal course of its business, but shall do so as agent for the Company and shall account to the Company for any proceeds of the sale or otherwise of the Goods.

7.4 Upon receipt of the proceeds of sale, the Customer shall discharge the debt due to the Company in respect of the Goods.

7.5 The Customer will be entitled to receive from the Company by way of commission the excess of the proceeds over the amount due to the Company.

7.6 The Customer may not pledge or in any way charge as security for indebtedness any of the Goods remaining the property of the Company.

7.7 The Customer’s right to possession of the Goods will cease and all sums due to the Company will immediately become payable if: (i) The Customer has not paid for the Goods in full by the expiry of any credit period allowed; or (ii) The Customer enters into liquidation or is declared bankrupt; or (iii) The Customer ceases, or threatens to cease, to carry on business.

7.8 The customer grants the Company an irrevocable license to enter any premises owned or occupied by the Customer for the purpose of repossessing and removing any Goods the property in which has remained in the Company.

7.9 The Company will be entitled to bring an action against the Customer for the price of the Goods in the event of non-payment by the due date.

  1. WARRANTY (12 months or 12,000 miles)

8.1 Subject as provided below, the Company warrants all remanufactured goods supplied by it to be free from defects in material and workmanship for a period which is the lesser of twelve months from delivery to the Customer or 12,000 miles use (verified to the satisfaction of the Company). The Company’s entire liability under such warranty shall be limited to replacing or issuing credit, for any Goods which have been returned within 30 days of discovery of any defects by the Customer, carriage paid, to the Company.

8.2 The warranty applies only upon delivery of the part-exchange unit e.g. cylinder head, turbo, engine and a signed form of acknowledgment of the terms and conditions herein.

8.3 All other conditions, warranties and representations, express or implied whether under Common Law, Statute or otherwise are hereby excluded so far as permitted by law.

8.4 Any warranty claims submitted for engine components which rely on lubrication to operate must be accompanied by a 120ml oil sample from the affected engine, the brand and specification of oil and the date of last filling and related purchase receipt or invoice for the oil and filter.

8.5 The Company shall in any case, incur no liability under this warranty for: (i) any Goods not returned in the time and manner set out above; (ii) any Goods in which the alleged defect is found to have been caused by failure to follow manufacturer’s instructions, misuse, neglect, improper installation or repair, alteration or accident; (iii) any Goods which are used in any form of motor competition or for performance improvement; (iv) removal of heat sensor tabs or missing heat sensor tabs immediately voids any warranty; (v) any transport, installation, removal, labour, lost time or other consequential costs.

8.6 The company does not warrant ancillary goods e.g. gaskets, gasket sets, head sets, conversion sets, timing belts, chains, seals.

8.7 Save as herein expressly provided, the Company shall not be liable for any losses or direct or indirect special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever whether in Contract, tort or otherwise arising out of or in connection with the supply of the Goods.

8.8 Nothing in these Conditions shall be interpreted as excluding or restricting any legal liability of the Company from death or personal injury resulting from the negligence of the Company, its employees or agents.

  1. SERVICE

9.1 Any service, recommendation, suggestion or advice which may be offered by the Company in technical literature or in response to specification enquiry, is given in all good faith, but the Company shall not be liable for any loss or damage arising therefrom.

  1. CANCELLATIONS, ORDER CHANGES, RETURNS AND REFUNDS

10.1 Any cancellations, order changes, returns and refunds following the point of invoice are at the sole discretion of the company and should be communicated to the company immediately by telephone or by email and within 3 days of receipt of the goods.

10.2 A return is a purchased item having been supplied correctly. Returns are not faulty goods nor incorrectly supplied goods. Returns, when accepted, are subject to a physical inspection. Returns are not permitted for products that we make to your specification i.e. a cylinder head specially re-manufactured according to your specific engine code. Orders placed by credit or debit card may be refunded directly onto the same card or by bank transfer within 10 working days on return of the goods.

10.3 Returns must be sent to the company at the customer’s expense and risk.

10.4 Returns are subject to a 40% handling charge.

10.5 All returns must be received by the company within 10 days of the delivery date.

  1. SERVICE EXCHANGE UNITS

11.1 Cylinder heads, engines, turbo chargers and gearboxes are sold on a service exchange basis and delivered in a returnable tote box or transport crate.

11.2 The company will levy a surcharge upon invoice. Refund of the surcharge is subject to: (i) The exchange unit must be returned to us within 28 days of delivery of the goods ordered; (ii) The exchange unit is exactly the same unit as the goods ordered and is complete and securely assembled with no loose or missing parts.

11.3 The customer is responsible to advise the company of the availability of the exchange unit for collection. If the collection fails due to the customer not making the exchange unit available to the carrier, then the surcharge will not be refunded.

  1. FORCE MAJEURE

12.1 The Company shall have no liability for any failure or delay in fulfilling any of its obligations to the extent that such fulfilment is prevented, delayed or rendered uneconomic due to any circumstances or event beyond the Company’s reasonable control, including any industrial action, failure of energy or water supply, failure of machinery, or compliance with any order, regulation or request from any national or local authority.

12.2 If any deliveries by the Company are delayed for three months or more the Company may, at its option, either terminate the Contract or elect not to deliver any undelivered Goods without liability on the part of the Company.

  1. WAIVER

13.1 The rights of the Company shall not be prejudiced or restricted by any indulgence or forbearance extended to the Customer and no waiver of any breach shall operate as a waiver of any subsequent breach.

  1. LAW

14.1 The contract shall be construed in accordance with English Law and shall be subject to the non-exclusive jurisdiction of the English Courts.

  1. NOTICES

15.1 Any notice hereunder shall be deemed to have been given if delivered by hand or sent by pre-paid first-class post to the party concerned at its last known address and deemed to have been received on the date of despatch, if delivered by hand, or on the third day after posting if sent by post.

  1. THIRD PARTY RIGHTS

16.1 The Contracts (Rights of Third Parties) Act 1999 does not apply so as to give to a person who is not a party to any Contract a right under it.

  1. SEVERABILITY

17.1 If a provision of these Conditions is or becomes illegal or unenforceable, the remaining provisions and procedures shall not be affected.