These conditions prevail over any conditions which the purchaser’s order may purport to impose, and which are at variance with the same. No modification of these conditions shall be binding upon the Company unless specifically accepted in writing by the Company. We cannot accept any claims for errors in this online store which may have been made inadvertently. We reserve the right to make technical changes. These conditions constitute the entire agreement between the parties and supersede any previous agreement and price lists issued. No other party shall acquire any rights under this agreement in spite of the Contracts (Rights of Third Parties) Act 1999.
The Company reserves the right to vary the quoted price, and goods will be invoiced to the purchaser at the prices ruling at the date of dispatch unless otherwise agreed by the Company in writing. Ex works packaging and FOB charges will be at cost. It may be that prices are incorrectly quoted or changed due to external circumstances. We have no statutory obligation to sell goods at the price quoted if that price is incorrect.
Dispatch of overseas orders will commence upon receipt of:
a bank draft, or
a credit card or PayPal payment, or
as otherwise agreed with the Company.
(NOTE: As the prices quoted are ex-works, customers wishing to specify a freight forwarder should do so at time of ordering).
4. DELIVERY DATES
Whilst the Company will do its utmost to keep its promised delivery dates, they are to be treated as estimates only. The Company accepts no responsibility for loss or damage resulting from delay in delivery of goods. Delays due to circumstances outside the control of the Company shall not entitle the purchaser to cancel an order or to refuse to accept delivery.
5. DAMAGE OR LOSS IN TRANSIT
Claims for damage or loss in transit must be sent to the Company in writing within three days of delivery. The Company’s liability for loss or damage in transit shall be limited to the amounts, if any, recovered from the shippers and insurers less any costs of this Company in connection with a claim.
The company will replace or credit the purchaser with the value of any defective goods of its manufacture if the Company is satisfied that such defects arose solely through faulty material or workmanship, and such goods are returned carriage paid immediately upon discovery of the defect and, in any event, not later than six months from the date of dispatch. The Company shall in no circumstances be liable for any consequential loss or damage.
Every effort is made by the Company to ensure that its products are accurately described and are fit for the purposes and applications stated in the Company’s catalogues but the Company gives no warranty to this effect and accepts no responsibility for any loss or damage arising from errors or incorrect descriptions in catalogues. All descriptions of spare parts are intended as a guide only and do not necessarily indicate Land Rover Company manufacture. Manufacturers’ part numbers are used for identification only and do not imply or indicate the identity of the manufacture
8. ACCEPTANCE OF ORDER
Quotations do not constitute an offer by the Company to supply the goods, and no orders shall be binding unless accepted by the Company in writing. Processing of a payment and acknowledgement of an order does not constitute a legally binding contract.
9. EXCLUSION OF LIABILITY
These conditions are in substitution for and exclude all and any express and implied statutory or other warranties, guarantees, representations, conditions and liabilities.
The goods shall remain the property of McDonald Automotive until full payment is received for all sales.
These conditions shall be governed by and construed in accordance with English Law.