AUTOTEK CONSUMER TERMS FOR SUPPLY OF SERVICES

1. Definitions

In these Terms, the following definitions apply

(a) ‘Autotek’ – means Autotek Electronics, whose principal place of business is Unit 11 – Wessex Trade Centre, Ringwood Road, Poole, Dorset, BH12 3PQ

(b) “Charges” means the charges for the Services as specified by Autotek to the Customer from time to time;

(d) “Customer” means you;

(e) “Services” means the service and repair of car parts;

(f) “these Terms” mean the terms and conditions for the supply of services as set out in this document.

2. Formation of the Contract

(a) These Terms, apply to the supply of the Services by Autotek. Any changes or additions to these Terms or those details must be agreed in writing between the Customer and Autotek.

(b)(a)No contract exists between the Customer and Autotek for the supply of the Services until Autotek has received and accepted the Customer’s goods and sends the Customer confirmation in writing to the address, fax number or email address the Customer has given. Once Autotek does so, there is a binding legal contract between Autotek and the Customer.

(c)The Contract is subject to the Customer’s right of cancellation . (d) Autotek may change these Terms without notice to the Customer in relation to the provision of future services.

3. The Customer’s right of cancellation

(a) The Customer has the right to cancel the Contract at any time up to the end of seven working days after the day on which the Contract is concluded, subject to the following provisions. A working day is any day other than weekends and bank or other public holidays.

(b)The Customer does not have the right to cancel the Contract if the supply of the Services begins with the Customer’s agreement before the end of the seven working day cancellation period. (c)To exercise the right of cancellation, the Customer must give written notice to Autotek by hand, post, fax or email, at Autotek’s address, fax number or email address shown below. (d)Once the Customer has notified Autotek that the Customer is cancelling the Contract, Autotek will within 30 days refund or re-credit to the Customer any sum that has been paid by the Customer or debited from the Customer’s credit card for the Services and return the customers goods

4.Provision of the Service

(a)Details of the Services are set out on the order form. Further information about the Services is set out in Autotek’s current catalogue or on its website at the time the Customer’s order is placed.

(b) It is the Customer’s responsibility to provide Autotek, in sufficient time, with any information and instructions relating to the Services that is or are necessary to enable Autotek to provide the Services in accordance with the Contract.

(c)If the Customer fails to do so, or provides Autotek with incomplete, incorrect or inaccurate information or instructions, Autotek reserves the right to cancel the Contract by giving written notice to the Customer, or to make an additional charge of a reasonable sum to cover any extra work that is required.

(d)If the Services requested by the Customer are not available for any reason beyond Autotek’s reasonable control, Autotek will promptly notify the Customer in writing or by email and endeavour to provide an alternative service which is reasonably acceptable to the Customer, but if it is not able to do so Autotek shall be entitled to cancel the order or (if the order has been accepted by Autotek) cancel the Contract, in which case Autotek will promptly notify the Customer in writing or by email and refund or re-credit to the Customer any sum that has been paid by the Customer or debited from the Customer’s credit card for the Services.

(e)The Services are supplied only for domestic and private use, and the Customer agrees not to use the Services for any commercial purpose.

5.Charges

(a)The Charges for the Services are as shown on Autotek’s order confirmation and are inclusive of any applicable Value Added Tax. (b)A deposit may be payable by the Customer on confirmation of the Customer’s order, and further instalments of the Charges are payable, as stated in the order confirmation. If the deposit is not made within the required time, Autotek reserves the right to cancel the order. If the balance of the Charges in not paid, or the Customer cancels the Contract otherwise than as permitted under paragraph 6, Autotek shall be entitled to forfeit the Customer’s deposit. (c)Autotek will invoice the Customer for the balance of the Charges, which shall be payable within 14 days of the date of the invoice, unless otherwise agreed in writing.

(d)Payment of the Charges can be made by any method shown in Autotek’s current catalogue or shown on its website at the time the Customer places the order for the Services. (e)If as part of the Service Autotek are required to purchase additional parts on behalf of the Customer. The Customer will be liable to Autotek for the full purchase price of such parts. Autotek will make reasonable enquiries of the Customers to obtain their consent before purchasing parts on its behalf. (f)If payment is not made on the due date, Autotek will be entitled to charge interest on the unpaid balance of the Charges at 3% per month and retain the customers goods until full payment has been received.

6. Termination

(a)The Contract will commence on the date specified on the order confirmation.

(b)Either party may, without limiting any other right, terminate the Contract by giving written notice to the other party if (i) the other party breaches any provision of this Agreement and fails to remedy the breach within 7 days after receipt of a notice giving details of the breach and requiring it to be remedied; or (ii) the other party becomes bankrupt, goes into liquidation or administration, makes any arrangement or composition with his or its creditors, or a receiver or administrative receiver is appointed over any of the assets of the other party.

(c)A delay by either party in acting on a breach of this Agreement will not be regarded as a waiver of the breach. If either party waives a breach of the Contract by the other, the waiver is limited to the particular breach.

(d)Termination of the Contract will not affect either party’s outstanding rights or duties, including Autotek’s right to recover any money owing to it under these Terms.

7.Warranty and Liability

(a)Autotek warrants to the Customer that the Services will be provided using reasonable care and skill and, unless Autotek is prevented by circumstances beyond its reasonable control, in accordance with the order confirmation.

(b)Autotek shall have no liability to the Customer for any loss, damage, costs, expenses or other claims for compensation arising from any information or instructions supplied by the Customer which is or are incomplete, incorrect or inaccurate.

(c)Autotek shall not be liable to the Customer for any unforeseeable loss or damages arising from the provision (or non-provision) of the Services, including loss of profit or consequential loss or damage.

(d)Autotek shall not be liable to the Customer by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the Services, if the delay or failure was due to an act of God, war, terrorism, power failure, or any other cause beyond Autotek’s reasonable control.

(e)To enable Autotek to deal with any complaint that may arise relating to the Services, the Customer must provide full details of any complaint within 10 days of the supply of the relevant Services.

8.Data protection

(a)Autotek will only use any personal information provided by the Customer for the purpose of providing the Services, or for informing the Customer of the availability of similar services, unless the Customer agrees otherwise.

(b)The Customer can correct any information, or ask for information about the Customer to be deleted, by giving written notice to Autotek at the address, fax number or email address shown above.

9.Copyright etc.

(a)The copyright, design right and all other intellectual property rights in any materials and other documents or items prepared or produced for the Customer by or on behalf of Autotek in connection with the Contract shall belong to Autotek absolutely and any such materials, documents or items shall be or remain the sole property of Autotek.

(b)The Customer shall be entitled to use any such materials, documents or other items as are referred to in paragraph 9(a) in connection with the Services but shall not be entitled to copy any such items or use them for any commercial purpose.

10.General

(a)The Company may assign or sub-contract the Contract if this is necessary for operational reasons or in connection with a business transfer or reorganisation. Otherwise, the Contract is not transferable by either party.

(b)Nothing in the Contract gives any right to any third party to enforce any provision under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

(c)These Terms and the Contract will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the Contract.

CONSUMER SALE OF GOODS PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE.

1 Formation of the contract

1.1 These terms of sale apply to all goods supplied by Autotek Electronics, whose principal place of business is Unit 11, Wessex Trade Centre, Ringwood Road, Poole, Dorset, BH12 3PQ (“Autotek”).

1.2 No contract exists between you and Autotek for the sale of any goods until Autotek has received and accepted your order and sends you confirmation in writing or by email to the address or email address you have given. Once Autotek does so, there is a binding legal contract between us. 1.3 The contract is subject to your right of cancellation. 1.4 Autotek may change these terms of sale without notice to you in relation to future sales.

2 Description and price of the goods

2.1 The description and price of the goods you order will be as shown in Autotek’s current catalogue or on its website at the time you place your order.

2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, Autotek will inform you as soon as possible, and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.

2.3 Every effort is made to ensure that prices shown in Autotek’s current catalogue or shown on its website are accurate at the time you place your order. If an error is found, Autotek will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, Autotek will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods. 2.4 Please note that technical specifications are approximations unless specifically stated otherwise. 2.5 In addition to the price, you will be required to pay a delivery charge for the goods, as shown in the section of Autotek’s catalogue or website about delivery. 2.6 The price of the goods and delivery charges are inclusive of VAT. 2.7 On receipt of the goods you will not alter, remove, deface or tamper with any of the trade marks, names or numbers affixed to or marked on the goods nor allow anyone else to do so.

3 Payment

Payment for the goods and delivery charges can be made by any method shown in Autotek’s current catalogue or shown on its website at the time you place your order.

4 Delivery

4.1 The goods you order will be delivered to the address you give when you place your order, except that deliveries are not made outside the United Kingdom, and some parts of the United Kingdom are not covered, as shown in Autotek’s current catalogue or on its website at the time you place your order.

4.2 If delivery cannot be made to your address, Autotek will inform you as soon as possible, and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery.

4.3 If there is no one at the address given who is competent to accept delivery of the goods, you will be notified of an alternative delivery date or a place to collect the goods.

4.4 Every effort will be made to deliver the goods as soon as possible after your order has been accepted, and in any event within 30 days of your order. However, Autotek will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. In this case, Autotek will inform you as soon as possible.

4.5 You will be responsible for risk of loss or damage to the goods once they have been delivered to you. Title in the goods will only pass to you once full payment to Autotek has been made.

5 Your right of cancellation

5.1 You have the right to cancel the contract at any time up to the end of seven working days after you receive the goods. A working day is any day other than weekends and bank or other public holidays

5.2 To exercise your right of cancellation, you must give written notice to Autotek by hand or post, fax or email, at the address, fax number or email address shown below, giving details of the goods ordered and their delivery.

5.3 If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to Autotek at your own cost. The goods must be returned to the address shown below. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit and Autotek request that the goods are returned in their original packaging.

5.4 Once you have notified Autotek that you are cancelling the contract, Autotek will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.

5.5 If you do not return the goods as required, Autotek may charge you a sum not exceeding the direct costs of recovering the goods.

5.6 You do not have the right to cancel the contract if the order is for computer software related parts which have been unsealed by you, or for goods which by their nature cannot be returned or are liable to deteriorate or expire rapidly. Autotek will notify you at the time your order is accepted if this applies.

6 Warranty

6.1 All goods supplied by Autotek are warranted free from defects for 30 days from the date of supply. This warranty does not affect your statutory rights as a consumer.

6.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, or use otherwise than as recommended by Autotek, failure to follow Autotek’s instructions, or any alteration or repair by a third party carried out without Autotek’s approval. 6.3 Autotek cannot be responsible for any goods which have been fitted incorrectly by you or any third party.

6.4 If the goods supplied to you develop a defect while under warranty, or you have any other complaint about the goods, you should notify Autotek in writing at the address, fax number or email address shown below.

7 Data protection

7.1 Autotek will take all reasonable precautions to keep the details of your order and payment secure, but unless Autotek is negligent, Autotek will not be liable for unauthorised access to information supplied by you. 7.2 Autotek will only use the information you provide about yourself for the purpose of fulfilling your order, unless you agree otherwise. Autotek would like to notify you of products and offers that may be of interest to you from time to time, and if you would like to be notified of these, please tick the box below. You can correct any information about you, or ask for information about you to be deleted, by giving written notice to the Supplier at the address, fax number or email address shown below.

8 Applicable law

These terms of sale and the supply of the goods will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the contract.