Terms & Conditions for M & P Transmissions (UK) Ltd
M & P Transmissions (UK) Ltd (“The Company”) supplies goods and services subject to the Terms & Conditions set out below. By placing an order or accepting delivery of any unit(s), you (“The Customer”) agree to these Terms.
The following Terms & Conditions apply to all goods and services supplied by The Company.
1.
M & P Transmissions (UK) Ltd shall hereafter be known as “The Company”. The buyer, the user and/or the Customer will hereafter be known as “The Customer”.
2.
The contract shall be governed by English Law and The Customer consents to the exclusive jurisdiction of the English courts in all matters regarding the contract.
3.
Value Added Tax at the current rate will be added to the goods cost on all invoices.
4.
The Customers order(s) are only accepted on the understanding that goods are invoiced at the prices ruling at the date of dispatch. A dispatch charge will be added at The Company’s discretion.
5.
The Company guarantee the unit(s) against failure or defect due to (i) faulty material used in new parts used in the rebuilding and/or reconditioning (ii) faulty workmanship for a period as stated upon the invoice which commences from the specified delivery date contained here in the guarantee. The guarantee is conditional upon the following terms and conditions being observed and complied with at all times.
View Conditions (A) to (G)
(A) That the unit(s) are properly installed by a competent person and is/are operated and maintained in accordance with the vehicle manufacturers hand book and/or maintenance guidelines and have not been subjected to abuse and misuse.
(B) That a 6 weekly service is carried on the exchange unit at which time the oil and any oil filters are changed. Only the correct type and grade of oil as is recommended by the vehicle manufacturer should be used unless otherwise recommended by “The Company”. Also At this time the adjustment and operation of the Clutch should be checked and adjusted as necessary.
(C) That the unit(s) is/are installed immediately following collection or delivery which ever applies or alternatively properly and reasonably stored prior to installation.
(D) Damage caused to the transmission unit occurring as a result of a failure of any external ancillary item such as the Flywheel, Clutch, Oil Cooler, Propshaft, Hoses, Transfer Box, Linkages, PTO, Selector Turret, Detents, Turbo, Fuel Pump etc.) is not covered by this guarantee, nor are the ancillary components themselves.
(E) These conditions apply to the UK mainland only any expenses incurred outside will not be borne by the guarantor.
(F) CLAIM NOTIFICATION The Company is notified within three days of discovery of any defect or failure and within twenty one days there of The Customers intention to make a claim under their guarantee in respect thereof and the unit is made available for inspection, repair or replacement by The Company at The Company’s premises, carriage paid.
(G) All claim notifications shall be forwarded to The Company by registered post with the specified time limits previously stated. The date The Company receives the notification is when the claim is received at The Company’s offices.
6.
No liability whatsoever is accepted in respect of Recovery, Labour, Towing, consequential loss, damage nor liability howsoever caused, nor in respect of additional costs or expenses incurred by The Customer arising directly or indirectly from any such defect, breakage or failure where any such defect, breakage or failure is due to circumstances beyond The Company’s control.
(A) All claims will be invalid if any part of the unit(s) is/are tampered with, stripped down, rebuilt or interfered with by anyone other than an authorised employee of The Company.
7.
Subject to the above conditions, in the event of the discovery of a defect or failure of the unit and if such defect or failure is due in The Company’s opinion to be faulty workmanship on its part or defective materials used in the rebuilding then The Company will either repair or replace the failed unit.
8.
The Company accept no liability arising directly or indirectly from parts which have not been replaced by The Company where there was a latent defect in the original un-replaced component which could not reasonably have been detected on inspection by The Company.
9.
The Company shall have no liability of whatever kind for:-
(A) Any defects arising from wear and tear, accident, improper use by The Customer.
(B) Any goods that have been modified, adjusted or repaired by anyone other than The Company.
10.
ARBITRATION In the event of a dispute arising from the cause of the unit(s) failing under guarantee – the unit(s) will be thorough inspected by an independent professional body – whose decision will be final. The cost arising from their investigation will be borne by those responsible for the unit(s) failure.
11.
This guarantee is given to The Customer for whom The Company originally undertook the work or supply of the material and shall not be assigned or transferred to any other person, firm or legal entity.
12.
TITLE For the purposes of section 12 of the Sale of Goods Act 1979 The Company shall not pass to The Customer TITLE until such time as the total invoice amount has been paid and the exchange unit has been received by The Company. The Company shall be entitled at anytime to repossess those goods not paid for, to dismantle without liability for damage and enter The Customers premises and terminate The Customer right of use.
13.
Any exchange unit not returned within 30 days of delivery or returned by the customer that Is not Re-serviceable (Scrap) i.e. has run low on oil or has any Case or gear damage will result in a surcharge being applied.
14.
In the absence of prior written agreement to the contray, Payment of our charges is required on receipt of our invoice. Failure to make payment within 28 days of the due date will result in the matter being referred to our debt collection agents whose charges will be added to, and payable with the invoice debt.