Terms & Conditions – The Gearbox Centre

THE GEARBOX CENTRE (KENT) LTD
TERMS AND CONDITIONS

These terms
1.1 What these terms cover. These are the terms and conditions on which we supply
gearboxes (referred to in these terms as “products” or “units”) and/or services to
you.
1.2 Why you should read them. Please read these terms carefully before you submit
your order to us. These terms tell you who we are, how we will provide products
and/or services to you, how you and we may change or end the contract, what to do
if there is a problem and other important information.
1.3 Are you a business customer or a consumer? In some areas you will have
different rights under these terms depending on whether you are a business or
consumer. You are a consumer if:
• You are an individual.
• You are buying products and/or services from us wholly or mainly for your
personal use (not for use in connection with your trade, business, craft or
profession).
1.4 If you are a business customer this is our entire agreement with you. If you are
a business customer these terms constitute the entire agreement between us in
relation to your purchase. You acknowledge that you have not relied on any
statement, promise, representation, assurance or warranty made or given by or on
behalf of us which is not set out in these terms and that you shall have no claim for
innocent or negligent misrepresentation or negligent misstatement based on any
statement in these terms.
Information about us and how to contact us
2.1 Who we are. We are The Gearbox Centre (Kent) Ltd (referred to in these terms as
“we”, “us” or “our”) a company registered in England and Wales. Our company
registration number is 08974425. Our registered VAT number is 209151041.
2.2 How to contact us. You can contact us by telephoning our customer service team
on 01795 668080 or by writing to us at info@thegearboxcentre.com or The Gearbox
Centre, Unit 1, 8 John Hall Close, Oare Road, Faversham, Kent ME13 7TY.
2.3 How we may contact you. If we have to contact you, we will do so by telephone or
by writing to you at the email address or postal address you provided to us in your
order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these
terms, this includes emails.
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Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when
we contact you either by telephone or by email to accept it, at which point a contract
will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will
inform you of this in writing and will not charge you for the product and/or service
(as the case may be). This might be because the product is out of stock, because
of unexpected limits on our resources which we could not reasonably plan for,
because a credit reference we have obtained for you does not meet our minimum
requirements, because we have identified an error in the price or description of the
product and/or service or because we are unable to meet a delivery deadline you
have specified.
3.3 Your order number. We will assign an order number to your order and tell you what
it is when we accept your order. It will help us if you can tell us the order number
whenever you contact us about your order.
3.4 We only sell to the UK. Our website or brochure (as the case may be) is solely for
the promotion of our products and/or services in the UK. Unfortunately, we do not
accept orders from addresses outside the UK.
Our units
4.1 Units may vary slightly from their information. The images of the units and
information about them on our website or in our brochure (as the case may be) are
for illustrative purposes only. Although we have made every effort to display the
images accurately and to ensure the accuracy of any information, we cannot
guarantee that a picture or the information in our brochure or on our website
accurately reflects the unit. Your unit may vary slightly from those images and/or
information.
4.2 Making sure your vehicle details are accurate. You are responsible for ensuring
that the vehicle details you have given us are correct.
4.3 Making sure your unit is correct. Where you have chosen your own unit, you are
responsible for ensuring that it is the correct unit for the applicable vehicle.
4.4 Exchange unit. Our units may be sold as exchange units. This will be agreed with
you during the order process.
Your rights to make changes
If you wish to make a change to the product and/or service you have ordered please contact
us. We will let you know if the change is possible. If it is possible we will let you know about
any changes to the price of the product and/or service (as applicable), the timing of supply or
anything else which would be necessary as a result of your requested change and ask you to
confirm whether you wish to go ahead with the change. If we cannot make the change or the
consequences of making the change are unacceptable to you, you may want to end the
contract (see clause 8, Your rights to end the contract).
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Our rights to make minor changes to the products and/or services
We may change the product and/or service:
6.1 to reflect changes in relevant laws and regulatory requirements; and
6.2 to implement minor technical adjustments and improvements. These changes will
not affect the suitability of the product and/or service.
Providing the products and/or services
7.1 Delivery costs. The costs of delivery for products will be as told to you over the
telephone or during email exchanges (as the case may be).
7.2 Deposit. You may be asked to pay a deposit during the ordering process. This
deposit will be refunded when the exchange unit has been returned to us in a
serviceable condition (no holes or crack, and not taken apart) in the original
packaging in which the unit you have ordered from us has been delivered.
7.3 When we will provide the products and/or services. During the order process we
will let you know when we will provide the products and/or services to you.
7.3.1 For products. We will contact you with an estimated delivery date. In most
cases, where we have received an order and payment for that order, we
will aim to deliver the unit the next working day. However, we cannot
guarantee this, and we will use all reasonable endeavours to deliver the
unit to you within seven (7) days after the day on which we accept your
order.
7.3.2 For services. We will supply the services on the date agreed with you
during the order process until the services are completed.
7.4 We are not responsible for delays outside our control. If our supply of the
products and/or services is delayed by an event outside our control, then we will
contact you as soon as possible to let you know and we will take steps to minimise
the effect of the delay. Provided we do this we will not be liable for delays caused
by the event, but if there is a risk of substantial delay you may contact us to end the
contract and receive a refund for any products and/or services you have paid for but
not received.
7.5 Collection by you. If you have asked to collect the unit(s) from our premises, you
can collect them from us at any time during our working hours of [8am to 5pm] on
weekdays (excluding public holidays and weekends).
7.6 If you are not available when the product is delivered or when the exchange
unit is collected. If no one is available at the address you have specified to take
delivery, the couriers will usually try to deliver again at their next available slot. If
you are not available when an attempt to collect the exchange unit/COU unit is
made, any costs incurred by The Gearbox Centre will be passed onto the customer.
7.7 If you do not re-arrange delivery. If you do not collect the products from us as
arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect
them from a delivery depot we will contact you for further instructions and may
charge you for storage costs and any further delivery costs. If, despite our
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reasonable efforts, we are unable to contact you or re-arrange delivery or collection
we may end the contract and clause 10.2 will apply.
7.8 If you do not allow us access to provide services. If we are not allowed access
to the property to perform the services as arranged (and you do not have a good
reason for this) we may charge you additional costs incurred by us as a result. If,
despite our reasonable efforts, we are unable to contact you or re-arrange access
to the property we may end the contract and clause 10.2 will apply.
7.9 When you become responsible for the products. A product will be your
responsibility from the time we deliver the unit to the address you gave us or you [or
a carrier organised by you] collect it from us.
7.10 When you own products. You own the product once we have received payment
in full and it has been delivered under clause 7.9.
7.11 What will happen if you do not give required information to us. We may need
certain information from you so that we can supply the products and/or services to
you. If so, this will have been told to you over the telephone or told to you in the
course of email exchanges. We will contact you in writing to ask for this information.
If you do not give us this information within a reasonable time of us asking for it, or
if you give us incomplete or incorrect information, we may either end the contract
(and clause 10.2 will apply) or make an additional charge of a reasonable sum to
compensate us for any extra work that is required as a result. We will not be
responsible for supplying the products and/or services late or not supplying any part
of them if this is caused by you not giving us the information we need within a
reasonable time of us asking for it.
7.12 Reasons we may suspend the supply of products and/or services to you. We
may have to suspend the supply of a product and/or service to:
7.12.1 deal with technical problems or make minor technical changes;
7.12.2 update the product and/or service to reflect changes in relevant laws and
regulatory requirements; or
7.12.3 make changes to the product and/or service as requested by you or
notified by us to you (see clause 6).
7.13 Your rights if we suspend the supply of products and/or services. We will
contact you in advance to tell you we will be suspending supply of the product and/or
service, unless the problem is urgent or an emergency. If we have to suspend the
product and/or service we will adjust the price so that you do not pay for products
and/or services while they are suspended. You may contact us to end the contract
for a product and/or service if we suspend it, or tell you we are going to suspend it,
in each case for a period of more than fourteen (14) days and we will refund any
sums you have paid in advance for the product and/or service in respect of the
period after you end the contract minus a reasonable handling charge.
7.14 We may also suspend supply of the products and/or services if you do not
pay. If you do not pay us for the products and/or services when you are supposed
to (see clause 14.5) and you still do not make payment within five (5) days of us
reminding you that payment is due, we may suspend supply of the products and/or
services until you have paid us the outstanding amounts. We will contact you to tell
you we are suspending supply of the products and/or services. We will not suspend
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the products and/or services where you dispute the unpaid invoice (see clause
14.8). We will not charge you for the products and/or services during the period for
which they are suspended. As well as suspending the products and/or services we
can also charge you interest on your overdue payments (see clause 14.7).
Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract
will depend on what you have bought, whether there is anything wrong with it, how
we are performing, when you decide to end the contract and whether you are a
consumer or business customer:
8.1.1 If what you have bought is faulty or misdescribed you may have a
legal right to end the contract (or to get the unit repaired or replaced or
a service re-performed or to get some or all of your money back), see
clauses 12 and 13 if you are a consumer and clause 12 if you are a
business.
8.1.2 If you want to end the contract because of something we have done
or have told you we are going to do, see clause 8.2.
8.1.3 If you are a consumer and have just changed your mind about the
product and/or service, see clause 8.3. You may be able to get a refund
if you are within the cooling-off period, but this may be subject to
deductions and you will have to pay the costs of return of any products.
8.1.4 In all other cases (if we are not at fault and you are not a consumer
exercising your right to change your mind), see clause 8.6.
8.2 Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at 8.2.1 to 8.2.5 below the contract
will end immediately and we will refund you in full for any products and/or services
which have not been provided and you may also be entitled to compensation. The
reasons are:
8.2.1 we have told you about an upcoming change to the product and/or service
or these terms which you do not agree to;
8.2.2 we have told you about an error in the price or description of the product
and/or service you have ordered, and you do not wish to proceed;
8.2.3 there is a risk that supply of the products and/or services may be
significantly delayed because of events outside our control;
8.2.4 we have suspended supply of the products and/or services for technical
reasons, or notify you we are going to suspend them for technical reasons,
in each case for a period of more than fourteen (14) days; or
8.2.5 you have a legal right to end the contract because of something we have
done wrong.
8.3 Exercising your right to change your mind if you are a consumer (Consumer
Contracts Regulations 2013). If you are a consumer then for most products and/or
services bought over the telephone or by exchange of emails you have a legal right
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to change your mind within fourteen (14) days and receive a refund providing the
gearbox has not been fitted to the vehicle. Where you decide to change your mind
about your order, you will have to pay the costs of return. These rights, under the
Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When consumers do not have a right to change their minds. Your right as a
consumer to change your mind does not apply in respect of:
8.4.1 services, once these have been completed, even if the cancellation period
is still running;
8.4.2 units that have been remanufactured or restored to a specification and/or
personalised to a specific vehicle;
8.4.3 subject to your legal rights (which shall not be affected by this provision),
units that have been fitted to a vehicle unless there is a problem with the
unit; and
8.4.4 any units which become mixed inseparably with other items after their
delivery.
8.5 How long do consumers have to change their minds? If you are a consumer
how long you have to change your mind depends on what you have ordered and
how it is delivered.
8.5.1 Have you bought services? If so, you have fourteen (14) days after the
day we email you to confirm we accept your order. However, once we
have completed the services you cannot change your mind, even if the
period is still running. If you cancel after we have started the services, you
must pay us for the services provided up until the time you tell us that you
have changed your mind.
8.5.2 Have you bought units? If so you have fourteen (14) days after the day
you (or someone you nominate) receives the unit, unless:
(a) Your units are split into several deliveries over different days.
In this case you have until fourteen (14) days after the day you (or
someone you nominate) receives the last delivery to change your
mind about the units.
(b) Your units are for regular delivery over a set period. In this case
you have until fourteen (14) days after the day you (or someone you
nominate) receives the first delivery of the units.
8.6 Ending the contract where we are not at fault and there is no right to change
your mind. Even if we are not at fault and you are not a consumer who has a right
to change their mind (see clause 8.1), you can still end the contract before it is
completed, but you may have to pay us compensation. A contract for products is
completed when the product is delivered and paid for. A contract for services is
completed when we have finished providing the services and you have paid for
them. If you want to end a contract before it is completed where we are not at fault
and you are not a consumer who has changed their mind, just contact us to let us
know. The contract will end immediately and we will refund any sums paid by you
for products and/or services not provided but we may deduct from that refund (or, if
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you have not made an advance payment, charge you) reasonable compensation for
the net costs we will incur as a result of your ending the contract.
How to end the contract with us (including if you are a consumer who has changed
their mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us
know by doing one of the following:
9.1.1 Phone or email. Call customer services on 01795 668080 or email us at
sales@thegearboxcentre.com. Please provide details of what you bought,
when you ordered or received it and your name and address.
9.1.2 By post. Complete the form included in these terms and post it to us at
the address on the form. Or simply write to us at The Gearbox Centre, Unit
1, 8 John Hall Close, Oare Road, Faversham, Kent ME13 7TY including
details of what you bought, when you ordered or received it and your name
and address.
9.2 Returning products after ending the contract. If you end the contract for any
reason after products have been dispatched to you or you have received them, you
must return them to us in their original condition and in their original packaging. You
must either return the units in person to where you bought them, post them back to
us at The Gearbox Centre, Unit 1, 8 John Hall Close, Oare Road, Faversham, Kent
ME13 7TY or (if they are not suitable for posting) allow us to collect them from you.
Please call customer services on 01795 668080 or email us at
sales@thegearboxcentre.com for a return label or to arrange collection. If you are
a consumer exercising your right to change your mind you must send off the unit or
arrange for us to collect it within fourteen (14) days of telling us you wish to end the
contract. Refunds will be made upon receipt of having our product returned.
9.3 Returning units and packaging. All units must be returned in their original
condition and in their original packaging.
9.4 When we will pay the costs of return. We will pay the costs of return:
9.4.1 if the products are faulty or misdescribed; or
9.4.2 if you are ending the contract because we have told you of an upcoming
change to the product and/or service or these terms, an error in pricing or
description, a delay in delivery due to events outside our control or
because you have a legal right to do so as a result of something we have
done wrong.
In all other circumstances (including where you are a consumer exercising your right
to change your mind) you must pay the costs of return.
9.5 What we charge for collection. If you are responsible for the costs of return and
we are collecting the product from you, we will charge you the direct cost to us of
collection. The costs of collection will be the same as our charges for standard
delivery, as told to you over the telephone or told to you in the course of email
exchanges.
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9.6 How we will refund you. If you are entitled to a refund under these terms we will
refund you the price you paid for the products including delivery costs and/or the
services, by the method you used for payment. However, we may make deductions
from the price, as described below.
9.7 When we may make deduction from refunds if you are a consumer exercising
your right to change your mind. If you are exercising your right to change your
mind:
9.7.1 We may reduce your refund of the price (excluding delivery costs) and/or
deposit (where applicable) to reflect any reduction in the value of the units,
if this has been caused by your handling them in a way which would not
be permitted in a shop. If we refund you the price paid before we are able
to inspect the units and later discover you have handled them in an
unacceptable way, you must pay us an appropriate amount.
9.7.2 The maximum refund for delivery costs will be the costs of delivery by the
least expensive delivery method we offer. For example, if we offer delivery
of a product within three to five (3-5) days at one cost but you choose to
have the product delivered within twenty four (24) hours at a higher cost,
then we will only refund what you would have paid for the cheaper delivery
option.
9.7.3 For services, we may deduct from any refund an amount for the supply of
the service for the period for which it was supplied, ending with the time
when you told us you had changed your mind. The amount will be in
proportion to what has been supplied, in comparison with the full coverage
of the contract.
9.8 When your refund will be made. We will make any refunds due to you as soon as
possible. If you are a consumer exercising your right to change your mind then:
9.8.1 For units that we have not offered to collect, your refund will be made
within fourteen (14) days from the day on which we receive the unit back
from you or, if earlier, the day on which you provide us with evidence that
you have sent the unit back to us. For information about how to return a
unit to us, see clause 9.2.
9.8.2 In all other cases, your refund will be made within fourteen (14) days of
your telling us you have changed your mind
Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a product
and/or service at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due and you still do not
make payment within five (5) days of us reminding you that payment is
due;
10.1.2 you do not, within a reasonable time of us asking for it, provide us with
information that is necessary for us to provide the products and/or
services;
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10.1.3 you do not, within a reasonable time, allow us to deliver the products to
you or collect them from us; or
10.1.4 you or a third party do not, within a reasonable time, allow us access to
the premises as agreed to supply the services.
10.2 You must compensate us if you break the contract. If we end the contract in the
situations set out in clause 10.1 we will refund any money you have paid in advance
for products and/or services we have not provided but we may deduct or charge you
reasonable compensation for the net costs we will incur as a result of your breaking
the contract.
10.3 We may withdraw the product and/or service. We may write to you to let you
know that we are going to stop providing the product and/or service.
If there is a problem with the product and /or service
How to tell us about problems. If you have any questions or complaints about the product
and/or service, please contact us. You can telephone our customer service team on 01795
668080 or write to us The Gearbox Centre, Unit 1, 8 John Hall Close, Oare Road, Faversham,
Kent ME13 7TY. Alternatively, please speak to one of our staff in-store.
Your rights in respect of defective products and/or services if you are a consumer or a
business
12.1 We warrant that on delivery, and for a period of twelve (12) months from the invoice
date (“warranty period”) and for unlimited mileage, a unit shall:
12.1.1 conform with its description;
12.1.2 be free from material defects in design, material and workmanship;
12.1.3 be of satisfactory quality; and
12.1.4 be fit for any purpose held out by us.
12.2 Subject to clause 12.3, if:
12.2.1 you give us notice in writing during the warranty period within a reasonable
time of discovery that a unit does not comply with the warranty set out in
clause 12.1;
12.2.2 we are given a reasonable opportunity of examining such unit and agree
that the unit is faulty; and
12.2.3 you return such unit to us in its original condition and in its original
packaging at our cost,
12.2.4 we shall, at our option, repair or replace the defective unit, or refund the
price of the defective unit in full.
12.3 We will not be liable for a unit’s failure to comply with the warranty in clause 12.1 if:
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12.3.1 you make any further use of such unit after giving a notice in accordance
with clause 12.2.1;
12.3.2 the defect arises because you failed to follow our oral or written
instructions as to but not limited to: the grade and amount of oil, storage,
installation, commissioning, use or maintenance of the unit or (if there are
none) good trade practice;
12.3.3 the defect arises as a result of any work you have carried out on the vehicle
in which the unit is used and which has an adverse effect on the unit;
12.3.4 the defect arises as a result of criminal or malicious damage, fire or theft;
12.3.5 the defect arises as a result of us following any drawing, design or
specification supplied by the customer;
12.3.6 you or a third party alter or repair the unit without our written consent; or
12.3.7 the defect arises as a result of fair wear and tear, wilful damage,
negligence, or abnormal working conditions (for example, competitive
motorsport).
12.4 Once we have received the rejected unit, we or the manufacturer (as the case may
be) will inspect the unit and if we confirm that the unit is faulty, we shall refund the
price of the unit in accordance with clause 9.8.
12.5 If you are a business, except as provided in this clause 12, we shall have no liability
to you in respect of a unit’s failure to comply with the warranty set out in clause 12.1.
12.6 These terms shall apply to any repaired or replacement units supplied by us under
clause 12.2.
12.7 Our warranty refunds are made once we have received the faulty gearbox back and
have inspected it and found it to be faulty. We pay £35 per hour plus the VAT at the
book time for the removal and fitting of the gearbox we have supplied if it was faulty
and has been inspected by us, repaired, and sent back to the customer.
12.8 The Gearbox Centre applies a 12 month unlimited mileage warranty against all
remanufactured gearboxes subject to the following conditions:
12.8.1 Where the customer has supplied their own components, a form must be
completed by the customer for the parts delivered. The customer assumes
full responsibility to ensure the components are correct before delivery is
undertaken by The Gearbox Centre.
12.8.2 The Gearbox Centre offers no warranty on parts supplied by the customer,
and accept no liability in instances where the customer has supplied
substandard parts which cause subsequent damage to the gearbox.
12.8.3 In instances where a suitable unit may not be available from existing stock,
The Gearbox Centre, at our own discretion, may remanufacture the
customer’s original unit. This will be termed and treated as an exchange
unit for the purpose of the warranty.
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12.8.4 A full gearbox service must be carried out by The Gearbox Centre in order
to maintain the warranty.
12.8.5 The warranty does not cover any costs that may arise as a result of towing
or recovery; nor does it cover any consequential costs that may be
incurred by the customer.
12.8.6 The warranty is valid for 12 months from the point of sale. No warranty
work will be carried out without the original receipt.
12.9 During the term of the 12 month unlimited mileage warranty, The Gearbox Centre
will make good any defect, free of charge from materials and labour, so long as:
12.9.1 The defect is not caused as a result of misuse, neglect, accident, racing
or speed trials.
12.9.2 The defect is not caused as a result of any modification, alteration, repair
or attempted repair, excluding works carried out by The Gearbox Centre
or by other persons and/or organisations authorised by The Gearbox
Centre.
12.9.3 The defect is reported to The Gearbox Centre in writing (or by telephone,
and confirmed in writing) as soon as the defect appears.
12.9.4 The unit/vehicle is returned to The Gearbox Centre for examination, and
any necessary repair and replacement, as soon as is practicable, within
the terms of the warranty, at the customers cost.
12.9.5 The defect is not deemed to be as a result of fair wear and tear.
12.10 The 12 month unlimited mileage warranty applies to the UK and Northern Ireland
ONLY.
12.11 In scenarios where a gearbox has been supplied but not fitted by The Gearbox
Centre, the customer is responsible for removing the unit and returning it to The
Gearbox Centre.
12.12 In scenarios where a gearbox has been supplied but not fitted by The Gearbox
Centre, The Gearbox Centre will not be held liable for any substandard fitting. Any
unit that has been tampered with in order to fit the gearbox will void the warranty
with immediate effect. This includes the incorrect grade and amount of oil.
Your rights in respect of defective units if you are a consumer
13.1 If you are a consumer we are under a legal duty to supply units that are in conformity
with this contract. If you are a consumer, nothing in these terms will affect your legal
rights.
13.2 Your obligation to return rejected units. If you wish to exercise your legal rights
to reject units or your contractual right under the warranty referred to in clause 12.1,
you must either return them in person to where you bought them, post them back to
us or (if they are not suitable for posting) allow us to collect them from you. All units
must be returned in their original condition and in their original packaging. We will
pay the costs of postage or collection. Please call customer services on 01795
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668080, email us at sales@thegearboxcentre.com or write to us at The Gearbox
Centre, Unit 1, 8 John Hall Close, Oare Road, Faversham, Kent ME13 7TY for a
return label or to arrange collection.
Price and payment
14.1 Where to find the price for the product and/or service. The price of the product
and/or service (which includes VAT) will be the price as told to you over the
telephone or told to you in the course of email exchanges. We take all reasonable
care to ensure that the price of the product and/or service advised to you is correct.
However please see clause 14.4 for what happens if we discover an error in the
price of the product and/or service you order.
14.2 Deposit. You may be required to pay a deposit in respect of an exchange unit and/or
return of our packaging which you will be told about during the order process. The
deposit will be refunded on receipt of your old unit which must be returned in a
serviceable condition in the original packaging in which you received the unit you
ordered from us. If however you do not return an exchange unit in a serviceable
condition in the original packaging with which we delivered the unit you ordered from
us, we reserve the right to retain any deposit paid as compensation for the costs we
will incur as a result of your breaking the contract.
14.3 We will pass on changes in the rate of VAT. If the rate of VAT changes between
your order date and the date we supply the product and/or service, we will adjust
the rate of VAT that you pay, unless you have already paid for the product and/or
service in full before the change in the rate of VAT takes effect.
14.4 What happens if we got the price wrong. It is always possible that, despite our
best efforts, some of the products we sell and/or services we provide may be
incorrectly priced. We will normally check prices before accepting your order so that,
where the product’s and/or services’ correct price at your order date is less than our
stated price at your order date, we will charge the lower amount. If the product’s or
services’ correct price at your order date is higher than the price stated to you, we
will contact you for your instructions before we accept your order. If we accept and
process your order where a pricing error is obvious and unmistakeable and could
reasonably have been recognised by you as a mispricing, we may end the contract,
refund you any sums you have paid and require the return of any units provided to
you.
14.5 When you must pay and how you must pay. When you must pay depends on
whether you are buying products and/or services:
14.5.1 For products, unless we have agreed otherwise, you must pay for the
units before we dispatch them. We will not charge your credit or debit card
until we dispatch the unit to you.
14.5.2 For services, unless we have agreed otherwise, you must pay for the
services before we start providing them.
14.6 Our right of set-off if you are a business customer. If you are a business
customer you must pay all amounts due to us under these terms in full without any
set-off, counterclaim, deduction or withholding (other than any deduction or
withholding of tax as required by law).
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14.7 We can charge interest if you pay late. If you do not make any payment to us by
the due date we may charge interest to you on the overdue amount at the rate of
four percent (4%) a year above the base lending rate of Bank of England plc from
time to time. This interest shall accrue on a daily basis from the due date until the
date of actual payment of the overdue amount, whether before or after judgment.
You must pay us interest together with any overdue amount.
14.8 What to do if you think an invoice is wrong. If you think an invoice is wrong please
contact us promptly to let us know. You will not have to pay any interest until the
dispute is resolved. Once the dispute is resolved we will charge you interest on
correctly invoiced sums from the original due date.
Our responsibility for loss or damage suffered by you if you are a consumer
15.1 We are responsible to you for foreseeable product loss and damage caused
by us. If we fail to comply with these terms, we are responsible for loss or damage
you suffer to our product that is a foreseeable result of our breaking this contract or
our failing to use reasonable care and skill, but we are not responsible for any loss
or damage that is not foreseeable. Loss or damage is foreseeable if either it is
obvious that it will happen or if, at the time the contract was made, both we and you
knew it might happen, for example, if you discussed it with us during the sales
process.
15.2 We do not exclude or limit in any way our liability to you where it would be
unlawful to do so. This includes liability for death or personal injury caused by our
negligence or the negligence of our employees, agents or subcontractors; for fraud
or fraudulent misrepresentation; for breach of your legal rights in relation to the
products including the right to receive products which are: as described and match
information we provided to you and any sample or model seen or examined by you;
of satisfactory quality; fit for any particular purpose made known to us; supplied with
reasonable skill and care and, where installed by us, correctly installed; and for
defective products under the Consumer Protection Act 1987.
15.3 When we are liable for damage to your property. If we are providing services in
your property, we will make good any damage to your property caused by us while
doing so. However, we are not responsible for the cost of repairing any pre-existing
faults or damage to your property that we discover while providing the services.
15.4 We are not liable for business losses. If you are a consumer we only supply the
products for to you for domestic and private use. If you use the products for any
commercial, business or re-sale purpose our liability to you will be limited as set out
in clause 16.
Our responsibility for loss or damage suffered by you if you are a business
16.1 Nothing in these terms shall limit or exclude our liability for:
16.1.1 death or personal injury caused by our negligence, or the negligence of
our employees, agents or subcontractors (as applicable);
16.1.2 fraud or fraudulent misrepresentation;
16.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979
or section 2 of the Supply of Goods and Services Act 1982;
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16.1.4 defective products and/or services under the Consumer Protection Act
1987; or
16.1.5 any matter in respect of which it would be unlawful for us to exclude or
restrict liability.
16.2 Except to the extent expressly stated in clause 12.1 all terms implied by sections 13
to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and
Services Act 1982 are excluded.
16.3 Subject to clause 16.1:
16.3.1 we shall not be liable to you, whether in contract, tort (including
negligence), breach of statutory duty, or otherwise, for any loss of profit,
or any indirect or consequential loss arising under or in connection with
any contract between us; and
16.3.2 our total liability to you for all other losses arising under or in connection
with any contract between us, whether in contract, tort (including
negligence), breach of statutory duty, or otherwise, shall be limited to the
total sums paid by you for products and/or services under such contract.
How we may use your personal information
We will only use your personal information as set out in our Privacy Policy
https://www.reconditioned-gearbox.co.uk/terms-conditions.shtml
Other important terms
18.1 We may transfer this agreement to someone else. We may transfer our rights
and obligations under these terms to another organisation. We will always tell you
in writing if this happens and we will ensure that the transfer will not affect your rights
under the contract. If you are unhappy with the transfer you may contact us to end
the contract within fourteen (14) days of us telling you about it and we will refund
you any payments you have made in advance for products and/or services not
provided.
18.2 The 12 month unlimited mileage warranty is not transferable. The warranty
provided is to the individual or company that purchases the gearbox.
18.3 Nobody else has any rights under this contract (except someone you pass
your guarantee on to). This contract is between you and us. No other person shall
have any rights to enforce any of its terms. Neither of us will need to get the
agreement of any other person in order to end the contract or make any changes to
these terms.
18.4 If a court finds part of this contract illegal, the rest will continue in force. Each
of the paragraphs of these terms operates separately. If any court or relevant
authority decides that any of them are unlawful, the remaining paragraphs will
remain in full force and effect.
18.5 Even if we delay in enforcing this contract, we can still enforce it later. If we
do not insist immediately that you do anything you are required to do under these
terms, or if we delay in taking steps against you in respect of your breaking this
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contract, that will not mean that you do not have to do those things and it will not
prevent us taking steps against you at a later date. For example, if you miss a
payment and we do not chase you but we continue to provide the products and/or
services, we can still require you to make the payment at a later date.
18.6 Which laws apply to this contract and where you may bring legal proceedings
if you are a consumer. These terms are governed by English law and you can
bring legal proceedings in respect of the products and/or services in the English
courts. If you live in Scotland you can bring legal proceedings in respect of the
products and/or services in either the Scottish or the English courts. If you live in
Northern Ireland you can bring legal proceedings in respect of the products and/or
services in either the Northern Irish or the English courts.
18.7 Which laws apply to this contract and where you may bring legal proceedings
if you are a business. If you are a business, any dispute or claim arising out of or
in connection with a contract between us or its subject matter or formation (including
non-contractual disputes or claims) shall be governed by and construed in
accordance with the law of England and Wales and the courts of England and Wales
shall have exclusive jurisdiction to settle any such dispute or claim.
Cancellation Form
If you wish to cancel your contract with The Gearbox Centre (Kent) Ltd, please complete, detach and
return this form to the address below, email us at sales@thegearboxcentre.com or alternatively call us
on 01795 668080.
To:
The Gearbox Centre (Kent) Ltd
Unit 1
8 John Hall Close
Oare Road
Faversham
Kent ME13 7TY
I/We hereby give notice that I/we wish to cancel my/our contract of sale of the following units or for the
supply of the following service:
Order number:
Ordered on / received on:
Name:
Address:
Postcode:
Signature:
Date: