General Terms and Conditions

The following terms and conditions (“the Conditions”) are the terms on which Anning’s Race and Restoration (“the Company”) sells to other businesses and individuals and supersede all other terms and conditions used by the Company. The following definitions shall be used throughout this document “The Company” means Annings Race and Restoration and its owners and employees “The Buyer” means the client, customer or consumer purchasing goods or services supplied by the Company “Services” includes the supply of Parts (as defined later) including the supply of parts via telephone or online ordering and labour in terms supplied by the Company in the fitting servicing or testing parts the Company supplies. “The Conditions” are the Terms and conditions upon which the Company will provide services to the Buyer. “The Buyers responsibilities” this means the Buyer must inform the Company of any information relating to the Car and/or Engine which might be relevant or helpful to the Company in carrying out the Services. The Buyer will be responsible for the consequences arising from any incorrect information supplied to Company or by withholding or failing to inform the Company of any relevant information before the Services commence. “Third party liability” means that if the Buyer is not the legal owner of the Car and/or Engine and/or parts the Buyer is responsible for ensuring that they have the legal owner’s permission for the Services to be carried out, but in any event the Buyer remains subject to the Conditions including liability for the payment of the Company’s invoices.

1. Orders, Pricing, Estimates and Payment

1.1 No contract shall come into existence until the Company confirms acceptance of the order for Goods in writing and, subsequently dispatches the Goods, or they are collected in person from the premises by the Buyer.

1.2 Discount codes will only be honoured in conjunction with the offers specifically advertised. The Company reserves the right to withdraw, amend or refuse discount codes at their discretion.

1.3 Any cancellation of any order by the Buyer must be made in writing at least seven working days before scheduled dispatch of goods by the Company and agreed as cancelled also in writing by the Company. In case of any cancellation, the Buyer may be released from its obligations under the contract after payment of a sum for reasonable liquidated damages which must be at least 15% of the Price of the order.

1.4 The Company shall retain the ownership of all parts and materials supplied to the Buyer and/or fitted to the Car and/or Engine by it and ownership will only transfer to the Buyer upon settlement in full the invoice(s) for the Services rendered by the Company.

1.5 Any estimate of cost for the provision of the Services is the Company’s considered estimate of the likely cost of the Services, but all estimates are estimates only and are not to be treated as firm quotations or fixed fees.

1.6 Any estimate will be based on the cost for the Services at the time the estimate is given and be valid for 30 days only.

1.7 Unless otherwise agreed in writing, if it appears during the provision of the Services that have been estimated will be exceeded by more than 20% then the Company will notify the Buyer as soon as reasonably possible and will not continue with the provision of the Services unless and until the Buyer authorises the Company to do so.

1.8 Please note the Company does not store credit card details nor do we share customer details with any 3rd parties.

2. Goods & Services- Warranty

2.1 The description and quantity of the Goods to be sold by the Company (“the Goods”) shall be as set out in the email order provided by the Company to the Buyer no warranty or guarantee can be given by the Company for parts directly supplied by the Buyer or provided by any other party. The Goods the Company supplies are warranted to be free from manufacturing defects and workmanship at the point of sale and should therefore be carefully inspected prior to self-fitting. Any warranty ceases once competition parts are fitted by the Buyer to their engine/and or car.

2.2 As regards the provision of the Services (excluding the supply of Parts), the Company gives no express warranty.

2.3 Where any claim is made against the Company, it must be given a reasonable opportunity by the Buyer to examine the Car and/or Engine and/or the Parts as applicable or, if necessary, an opportunity to designate a subcontractor for further examination of the Car and/or Engine and/or Parts at the Company’s expense to obtain 3rd party evidence.

2.4 However, in relation to any Services carried out by the Company (excluding any Services carried out by third parties) the Company will endeavour to make good, solely by means of repair or replacement at its own cost (and not by a third party), any defects which are both notified in writing by the Buyer within 60 days from the date of collection of the Car and/or Engine and are then subsequently accepted by the Company as being attributable to either faulty design, materials or workmanship on the part of the Company. This is however, subject to the Buyer having met the Buyers responsibilities as detailed in the definitions clause above.

2.5 If the Car and/or Engine has in the Company’s opinion been subject to misuse, neglect or accident which has then caused the damage, or if it has been repaired by anyone other than the Company, then the Company reserves the right to refuse to repair the Car and/or Engine at its cost.

2.6 Except as expressly provided for in these Conditions and subject to the requirements of the Unfair Contract Term Acts 1977, the Company makes no warranties whatsoever expressed or implied, oral or written to the buyer for any of the following:

2.6.1 Consequential or indirect loss or damage (including loss of profit), however arising;

2.6.2 Sums in excess of the price of the Goods to which the claim relates.

2.6.3 Any labour charges incurred by the buyer relating to the removal and refitting of the original goods or replacement goods.

3. Order processing

3.1 We aim to process and dispatch all orders for in-stock products either the day of receipt of the order, or the follow working day. If order processing is delayed, we try to advise the Buyer in writing in good time.

3.2 The Company will not be liable for any failure to perform, or delay in performance of, any of our obligations, under the Conditions that is caused by an Event Outside Our Control (“EOOC”). For the purpose of these Terms and Conditions an EOOC means an act or event beyond the Company’s reasonable control, including without limitation, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat of preparation from war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, strikes, lockouts or other industrial action, unavailability or parts or materials or personnel.

3.3 If an EOOC takes place which affects the performance of the Company’s obligations under the Conditions it will contact the Buyer as soon as reasonably practicable to notify them and the Company’s obligations under the Conditions will be extended for the duration of the EOOC. Where the EOOC affects the Company’s performance of the delivery of the Goods or Services it will endeavour to restart the Goods or Services as soon as possible after the EOOC is over.

4. Delivery

Delivery of Goods Delivery shall be made only to the address designated by the Buyer. Time shall not be of the essence for delivery. The Company shall not be liable for any delay in delivery due to causes beyond its control. UK mainland delivery is usually made the next working day after dispatch, or according to the courier's transit schedule. European and Worldwide transit times vary according to country, and depending on the service selected. Delivery times are not guaranteed.

5. Acceptance of Goods

The Company must be advised and confirmed in writing by recorded delivery of any defects in the Goods as soon as they are discovered and in any case within fourteen days of delivery to the Buyer who shall be deemed to have accepted the Goods if they have not been rejected and confirmed to the Company on or before the fourteenth day after delivery. The Buyer shall not be entitled to reject the Goods in whole or in part thereafter. This does not affect the buyer’s rights under statutory law.

6. Refunds and Returns

6.1 Any Goods which are supplied by the Company and which prove unsuitable may be returned for refund or exchange if they are returned to the Company within 7 days of receipt, subject to the following conditions: (i) Goods should be returned unused in their original condition and have not been fitted or tampered with in order to secure a refund; (ii) Goods must be returned complete with all original packaging in good condition.

6.2 Any Goods supplied by the Company which prove unsuitable and which are returned after 7 days from receipt will only qualify for a refund or exchange if the Company in its absolute discretion agrees and may be subject to a restocking charge of not less than 15 per cent of the charge for the Goods in question.

6.3 The Company will not accept the return of any Goods which have been specially ordered for the Buyer or manufactured to the Buyer’s own specification.

6.4 All returned Goods are to be accompanied by a written notice stating the Buyer’s name and address, order reference number (found on the invoice), and reason for their return.

6.5 All carriage costs relating to returned Goods are to be borne by the Buyer and the Company does not and cannot accept responsibility for returned Goods which are undelivered (Buyers should ensure that a reliable carrier is used and proof of postage etc in order to make a claim against their chosen carrier in the event of non-delivery).

6.6 The Company is not responsible for any labour or other charges incurred during fitment or removal of allegedly faulty (or incorrectly supplied) Goods.

7. Intellectual Property Indemnity

7.1 The Company shall indemnify and hold the Buyer and its employees, hereunder from and against all loss and damage and cost and expense resulting from or arising out of any threatened or actual infringement of patent, copyright, registered design or other intellectual property rights of any person provided that the Buyer shall:

7.1.1 Notify the Buyer in writing of any allegation or infringement

7.1.2 Make no admission without the Company’s consent

7.1.3 At the Company’s request allow the Company to conduct and/or settle all negotiations in litigation and give the Company all reasonable assistance in respect thereof.

8. Limitation of our Liability

8.1 If the Company fails to comply with the Conditions, it shall only be responsible for any loss or damage suffered by the Buyer which is a directly foreseeable result of the Company’s breach of the Conditions or by the Company’s negligence, in either case this is limited up to the value of the charges for the Services only, and the Company is not responsible for any loss or damage that is not directly foreseeable, including any economic loss, or which is not the result of its breach of the Conditions or its negligence or any costs of removal or refitting of any Parts or replacement parts. Any particular loss or damage is directly foreseeable only if at the time of entering into this agreement it was an obvious consequence of the Company’s breach or negligence or it was clearly contemplated by both the Buyer and the Company at the time of making this agreement. The Buyer must make every effort to mitigate any loss and time shall not be of the essence in respect of the Services and accordingly the Company shall not be liable for any delay in supplying the Services.

8.2 The Company accepts no liability for any advice given to the Buyer by any of its employees or agents (in any format) as to the application or use of any parts, or their set up or use unless such advice is confirmed in writing by the Company in either email or letter.

8.3 All risk in any Services (to include the provision of Parts) shall pass to the Buyer on completion of the Services or earlier collection of the Car and/or Engine and/or delivery of the Parts. The Services (to include the provision of Parts) shall be deemed completed when the Buyer or his or her agent collects the Car and/or Engine and/or Parts from the Company or when the Company dispatches the Parts directly to the Buyer.

8.4 Title to any Goods or Parts supplied to the Buyer shall only pass once the Buyer has paid the relevant invoice in full. Until ownership of the Parts has passed to the Buyer, the Buyer shall:

8.4.1 store them so that they remain readily identifiable as belonging to the Company;

8.4.2 not remove, deface or obscure any identifying mark or packaging on or relating to them; and

8.4.3 maintain them in satisfactory condition, keep them insured for their full value with a reputable insurer and ensure the Company’s interest is noted on the policy and on request allow the Company or its representatives to inspect the Goods or Parts and the policy.

8.5 If before ownership of the Goods or Parts passes to the Buyer it is the subject of bankruptcy, winding-up or other insolvency proceedings, application or event, then without limiting any other right the Company ,may have it may at any time require the Buyer to deliver the Parts back to the Company

9. Set off and Counterclaim

Unless otherwise agreed in writing, the Buyer shall not be entitled to set off against any monies due to the Company under the Agreement or any other account whatsoever, any amount claimed by or due to the Buyer from the Company whether pursuant to the Agreement or in any other account whatsoever.

10. Lien The Company shall have a lien on the Car and/or Engine and any other of the Buyer’s property or assets in the Company’s possession at its premises until all sums due to them have been paid in full. After giving the Buyer notice the Company shall have the right to sell or dispose of the Car or any other assets as the Buyer’s agent and at the Buyer’s expense and apply the proceeds towards the payment of the sums outstanding and remaining due to the Company. Upon accounting to the Buyer for any balance remaining after payment of all sums due to the Company (including all and any costs of sale or disposal and any legal costs and fees arising from the recovery process), the Company shall be discharged of all liability in respect of the Car and/or Engine and any other of the Buyer’s assets previously held in its possession.

11. Termination of Contract

11.1 The Buyer may terminate his or her agreement with the Company at any time by giving the company 14 days’ notice in writing, however the Buyer will remain liable to pay all invoiced costs and any storage charges, along with any further charges incurred by the Company in order to make ready the Car for collection by the Buyer or their agent.

11.2 The Company may terminate its agreement with the Buyer at any time and for any reason with immediate effect by giving notice of the termination in writing to the Buyer and the Buyer shall remain liable to pay all invoiced costs and any storage charges, along with any further charges made by the Company in order to ready the Car and/or Engine for collection by the Buyer or their agent.

12. General Provisions

12.1 If the Company fails to insist that the Buyer perform any of the Buyer’s obligations under the Conditions, or if the Company does not enforce its rights against the Buyer, or if the Company delays in doing so, that will not mean that the Company has waived its rights against the Buyer. It also will not mean that the Buyer does not have to comply with those obligations. If the Company does intend to waive a default by the Buyer, it will only do so in writing, and that will not mean that the Company will automatically waive any later default by the Buyer.

12.2 Each clause of the Conditions operates separately. If any court or relevant authority decides that any of them is unlawful, the remaining clauses will remain in full force and effect and be binding on both parties.

12.3 These Terms and Conditions shall be governed by the law of England and Wales and any dispute in connection with them or any claim by either party against the other (whether in contract, tort or otherwise) shall be determined exclusively by the courts of England and Wales to whose jurisdiction both the Company and the Buyer irrevocably submit.

12.4 The headings used in the Conditions are for ease of reference only and shall not affect the interpretation of any of the Conditions.

13. Third Party Contracts

Notwithstanding any other provision of this agreement, nothing herein shall confer or is intended to confer a benefit on any third party for the purpose of the Contract (Rights of Third Parties) Act 1999 or for any other purpose.

14. Variation

No variation in the provisions of the Agreement made between the parties shall be of any effect unless made in writing and signed on behalf of the Buyer and the Company.

15. Assignment The Buyer shall not be entitled to assign, lease, transfer or part with its rights, responsibilities or obligations or any part thereof under the Agreement without the prior written consent of the Company.

16. Health and Safety

16.1 The Company shall not be liable to the Buyer in any civil proceeding brought by the Buyer against the Company under any Health and Safety Regulations made pursuant to the Health and Safety at Work 1974 Act, where such exclusion of liability is permitted by law.

16.2 The Buyer shall indemnify and keep indemnified the Company in respect of any liability, monetary penalty or fine in respect of or in connection with the Product(s) and Service(s) incurred directly or indirectly by the Company under the Health and Safety at Work Act 1974 or any Regulations, orders or directions made there under arising or resulting from the Buyer’s default.

17. Entire Agreement

17.1 The Buyer hereby acknowledges that the terms and conditions contained in the Conditions will supersede all and any prior agreements and undertakings existing between the parties in respect of the Agreement made between them and all obligations of any kind owed by the Company to the Buyer in respect thereof howsoever arising which the Buyer may have either directly or indirectly against the Company and constitutes the entire Agreement in respect thereof.

17.2 Each of the parties agree that save in respect of statements made fraudulently it shall have no remedy in respect of any untrue statement upon which it relied in entering into any Agreement between the Company and the Buyer and that their only remedies shall be for breach of contact.

18. Acceptance

The above General Terms and Conditions as stated in this document are to be agreed to before entering into contract for the supply of Goods and or Services and will be taken as accepted on the basis that the Buyer has been made aware of their responsibility to read them before entering into any Agreement with the Company and will be adhered to.

19. Address for Service

Any notice required in writing should be sent to Annings Race and Restoration, The Workshop, Marsh Road, Ashford Kent, TN262JE. If you want to ask us anything about these terms and conditions or if you have any comments or complaints on or about our services, please e-mail phil@anningsraceandrestoration.com or telephone us on 01233 732 638 to firstly discuss your issue before providing full details in writing