FMP Motor Factors Ltd

 

Terms and Conditions                                                                                                                                                                                                                                                                                         

FMP Pricing

At FMP Motor Factors Ltd we endeavor to adhere to our published prices we reserve the right to amend them to those ruling at the date of dispatch.  All prices include VAT unless otherwise stated.

 

 Delivery of goods and retention of title

Goods are delivered to you and at your risk at the earliest of when we physically deliver them to you or make them available to you for collection at a location agreed by us.

Time of delivery will be between the hours of 8:30 – 5pm and we cannot guarantee a time slot, delivery date is an estimate only.  You will have the right to cancel any order without liability to us if delivery has not taken place more than 30 days late after the time specified by us.

Any claim that any goods have been delivered damaged or do not materially comply with their description will be notified by you to us and (where appropriate, to the carrier) within 7 days of their delivery.  Provided that you return such goods to us within a further 14 days after notification, we will at our sole discretion replace such goods, issue you with a credit note for the price of such goods or refund the price paid for such goods. 

Any such claim that goods have not been delivered to you by us must be notified by you to us within 7 days of their expected delivery. 

If you fail to take delivery of any goods at the date agreed for delivery then we will be entitled to cancel or suspend such delivery and all other outstanding deliveries and to charge you for the loss suffered.  It is your responsibility to provide the means for unloading goods from our vehicles on delivery.

 

Parts and Catalogue information.

Any application lists, catalogues, descriptions, information or advice provided by FMP Motor Factors Ltd in respect of goods is as accurate as possible although is for illustrative purposes only.  

In all instances it is your responsibility to assure yourself that the parts supplied are suitable for the application involved, so please ensure when selecting parts.

Goods supplied will conform in all material respects to their description or to any sample or specification provided to and accepted by us.  We reserve the right to amend any design or specification without prior notification provided that it does not adversely affect the performance of the goods.

Payment

All goods ordered on our web site must be paid for before delivery will be sent out.

Delivery of goods and retention of title

Goods are delivered to you and at your risk at the earliest of when we physically deliver them to you or make them available to you for collection at a location agreed by us.

Time of delivery will be between the hours of 8:30 – 5pm and we cannot guarantee a time slot, delivery date is an estimate only.  You will have the right to cancel any order without liability to us if delivery has not taken place more than 30 days late after the time specified by us.

Any claim that any goods have been delivered damaged or do not materially comply with their description will be notified by you to us and (where appropriate, to the carrier) within 7 days of their delivery.  Provided that you return such goods to us within a further 14 days after notification, we will at our sole discretion replace such goods, issue you with a credit note for the price of such goods or refund the price paid for such goods. 

Any such claim that goods have not been delivered to you by us must be notified by you to us within 7 days of their expected delivery. 

If you fail to take delivery of any goods at the date agreed for delivery then we will be entitled to cancel or suspend such delivery and all other outstanding deliveries and to charge you for the loss suffered.  It is your responsibility to provide the means for unloading goods from our vehicles on delivery.

Goods ordered and sent

All deliveries ordered from our web site will be subject to carriage charges.

Goods Ordered from FMP Motor factors Ltd

Whilst we use our best endeavours to fulfil orders made by you, we will not be liable for any failure in the performance of any of our obligations to you caused by factors outside our control including (shipping delays, etc.  In such an event you will have no claim against FMP Motor Factors Ltd for any loss or damage which may result.

 

Guarantee

All products are supplied and guaranteed by the manufacturer in accordance with manufacturers specifications.  Any item which is proved and admitted by the manufacturer to be defective during the relevant warranty period due to material or structural defect will be replaced free of charge or credited in full at our discretion.  

Under no circumstances will we accept liability for consequential loss or damage or pay for any repairs or alterations without prior authorisation.

In the event of a guarantee claim, notification must be both verbal and written immediately a fault is discovered.  

You must provide full particulars to enable us to verify the claim.  Wherever possible parts are to be returned to us accompanied by the appropriate paperwork, carriage paid for inspection by us or manufacturer.

We shall have no liability to you in respect of any defect arising from wear and tear, wilful damage, negligence, tampering of goods, incorrect fitting or ordering of goods or failing to follow the manufacturer's instructions.

Returns

Please refer you our returns section on our web page.

 

Consumer rights applicable to consumers buying goods by mail order or from the FMP motor factors Ltd web site.

The above (Buying Goods by Mail order from our web site) applies if you are a Consumer AND purchasing goods from our website.

In accordance with the Distance Selling Regulations 2000 you may cancel a contract at any time within 14 days, beginning on the day after you receive the Goods (the 'Cooling off Period').  If you want to cancel the contract within this Cooling-Off Period a refund (or, if you require, an exchange or replacement) will be provided in accordance with our refunds and returns policy. Returns please see separate page on our web site.

To cancel an order under this contract, you must:

(i) inform us in writing;

(ii)  return the goods to us in the same condition in which you received them with the original packaging and the product documentation, and at your own cost and risk.  The goods must not have been used and, where applicable, must not have been removed from the sealed clear packaging; and

(iii) provide proof of purchase in the form of our invoice for the original supply of such goods.

Nothing in this clause affects your statutory rights.

Limitation of Liability.

The following provisions set out the entire financial liability of us (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you arising out of or in any way related to the contract.

All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979 (as amended)) are, to the fullest extent permitted by law, excluded from this Contract.

Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence under section 2(3) of the Consumer Protection Act 1987 for fraud or for fraudulent misrepresentation or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

Subject to clause in the above we will not be liable to you for any indirect or consequential, special or punitive loss, damage, costs or expenses, loss of profit, loss of business, loss of income or revenue, waste of management or office time or depletion of goodwill.

Subject to clause in the above, our total liability to you under or connected with this contract will not exceed 125% (one hundred and twenty five per cent) of the price payable for the goods for any one event or series of connected events.

Other

These terms are incorporated into the contract between us at the exclusion of all other terms and conditions and supersede all prior dealings between us in relation to the subject matter of the contract.

No variation or amendment of this Contract will be valid unless in writing and signed by you and our authorised representative.

This contract will be governed by English & Welsh law and any dispute arising out of or in any way connected to it shall be subject to the exclusive jurisdiction of the English & Welsh Courts.

FMP Motor Factors Ltd, Unit 1, St John's Court, Upper Fforest Way,
Swansea Enterprise Park SA6 8QQ Tel 01792 771881