Internet Terms & Conditions of use (01 March 2011)
Please read these terms carefully. Any contract between us for the purchase of goods are subject to these terms, and by placing an order you agree to be bound by them. There are separate Terms and Conditions for using the site, which we also urge you to read.
We reserve the right to review and revise these terms from time to time, without prior notice, and by using the site after any such revision you agree to be bound by such changes.
Nothing in this document affects your statutory rights as a consumer.
- APPLICATION OF TERMS AND CONDITIONS
(a) The Seller is trading as Duckworth Parts who contracts on these Conditions of Sale. Any additions, alterations or deletions to these Conditions of Sale will not be accepted unless the Seller in writing expressly accepts them.
(b) The Seller accepts the Buyer's offer to purchase the goods only by posting or otherwise sending to the Buyer the Seller's acceptance in writing.
- FORCE MAJEURE
The Seller shall not be responsible for delay in delivery of the goods or any part thereof occasioned by any act of God, action by any Government, strike, lock-out, combination of workmen, riot or civil commotion, breakdown of machinery, power failure, fire, fuel shortage, loss and/or detention at sea, or any other contingency beyond its control. Should any of the goods be rendered unfit for delivery by any reason of the above acts, the Contract, as far as it relates to those goods, shall be deemed to be discharged.
- PROPERTY IN GOODS AND RISK
(a) All goods delivered by the Seller to the Buyer shall remain the property of the Seller until the Buyer has met all outstanding debts and contractual obligations in relation to the goods between the Seller and Buyer. Until such time as the Buyer has paid in full all monies owing for any goods and materials supplied by the Seller to the Buyer, the Buyer shall keep the same in a fiduciary capacity for the Seller.
(b) Risk passes to the Buyer on delivery of the goods, irrespective of whether or not property has passed.
- INCREASED CHARGES
Any increase in shipping, marine insurance, freight or landing charges between the time of sale and arrival of the vessel, are for the Buyer's account.
From time to time the goods you order may be unavailable. The display of any goods on this site is an invitation to you to offer the buy them; it is not an offer to sell them at the listed price. If you place an order for goods then it shall be an offer to buy them and shall be subject to acceptance by us. We reserve the right to reject any order or to cancel any order (whether or not it has been confirmed by us and payment has been accepted) if the goods are unavailable or for any other reason (such as without limit if the goods have been displayed at an incorrect price due to a typographical or other error.)
If we cannot deliver any part of your order, then we will inform you and we may offer you an alternative product. If the alternative is not acceptable or none is available or offered then we will refund you for any payments made for the undelivered goods.
Please allow upto 28 days to receive your order.
If the Buyer has a Receiver appointed of any of his property or business undertakings, announces that he/she is ceasing to trade (other than for declared legitimate reasons such as retirement and continuing to honour all existing contracts) suspends payment and/or notifies any of his/her creditors that he/she is unable to meet debts or that he/she is about to suspend payment of his/her debts, convenes, call or holds a meeting of creditors or, being an individual trade, commits an act of bankruptcy, is adjudicated bankrupt or makes any composition or scheme of arrangements with his/her creditors, or being a body corporate convenes, calls or holds a meeting for the purpose of going into liquidation (other than for the purpose of reconstruction or amalgamation) by the making of an Order or the passing of a resolution for winding up, then the full price of any goods delivered shall be immediately payable notwithstanding any previous arrangement to the contrary and the Seller shall have the right, without prejudice to any other rights and remedies available to them, to cancel and/or suspend deliveries. If the Buyer fails to make any payment as due or dies, the rights conferred on the Seller by this paragraph shall apply, provided that within 28 days after the relevant occurrence the Seller gives the Buyer or his/her representative written notification of the Seller's intention to exercise all or any of such rights.
Dates mentioned by the Seller in any quotation or correspondence are approximate only and not of any contractual effect. The Buyer shall accept delivery during the period agreed with the Seller subject to the provision of Clause 2 (Force Majeure) of this Contract.
- RETURNS AND EXCHANGES
All goods are covered by manufacturers' warranties. This expressly excludes any claim for the cost of the labour that may be involved in replacing faulty goods, unless otherwise stated.
Claims based upon those defects of quantity, quality or condition which should be apparent upon reasonable examination shall be made immediately known by telephone, fax or telephone message and written confirmation despatched within 5 business days of arrival of the goods at the destination to which they have been consigned.
The Company will, at its option, replace or credit the Purchaser with the value of any defective goods supplied by the Company. The Company will only do this if it is satisfied such defects arose solely through faulty material or workmanship, and such goods are returned, in a manner agreed by the Company, immediately upon discovery of the defect. The Company will normally not consider any claims made after 12 months from date of despatch.
The Goods will be as described in this Site from time to time. It is possible that some information on this Site may contain technical inaccuracies or typographical errors. We reserve the right without notice at any time to amend, improve or correct any information on this Site and to discontinue, temporarily or permanently, any range or line of goods.
If you are a consumer you have the right to cancel the contract without reason and receive a refund. You must inform us in writing of your wish to cancel within 7 working days commencing the day after the day on which the goods were delivered. You should contact us by letter, fax or e-mail at the address shown on this site. The goods must be returned to us in their original packaging and be in a condition fit for sale. The cost of returning the goods and insuring them in transit is for the account of the Buyer. The goods must be returned within 14 days of contract cancellation. A full refund will be made providing these conditions are met.
If the Buyer is a business or if the goods are used wholly or in part for business purposes we shall not be liable to the Buyer for any business loss including loss of profits (whether direct or indirect), business data, revenue, goodwill, or incidental or consequential loss that you may suffer as a result of the purchase of goods from the Seller. Any other liability shall be limited to the price paid for the goods.
Customers within the European Union will be liable for VAT at the relevant United Kingdom rate
We are committed to protecting your privacy. In general, you can visit this Site without telling us who you are or revealing any information about yourself. If you decide to purchase goods we will need information, such as your name and address. We store such information on a computer. We may use this information to provide you with a more personalised service and to tell you about special offers and any changes in our service, which we believe you, will find valuable [(when you place your order you will have an opportunity to tell us that you do not wish to do this)]. We do not sell, trade or rent personal information to others.
- LAW AND JURISDICTION
The construction validity and performance of this Contract and all matters pertaining thereto shall be governed in all respects by English Law and subject to the jurisdiction of the English Courts. Where applicable, the Uniform Law on International Sales are hereby excluded. Website Terms & Conditions
- TRADEMARKS & LOGOS
Martin Duckworth Limited owns and maintains this site. All rights reserved.
The content of this site (both text and images) is Copyright 2005 Martin Duckworth Limited, unless otherwise stated. You may download the content for personal, non-commercial use. The content may not be otherwise copied and may not be modified.
Although all reasonable steps are taken to ensure that the content is accurate Martin Duckworth will not be held liable for any delays, inaccuracies or omissions contained therein.
- LINKS FROM SITE
Links from this site to other sites are provided for your information and convenience only, and no responsibility or liability can be accepted for the content, accuracy or any other aspect of these sites. The provision of a link does not imply an endorsement of any kind by Martin Duckworth Limited unless so stated.
- GLOBAL RESTRICTIONS
Martin Duckworth Limited makes no representations that the content of this site is appropriate for use in all locations, or that products or services discussed at this site are available or appropriate for sale or use in all jurisdictions. Those who access this site do so on their own initiative, and are responsible for compliance with applicable local laws or regulations. Users of this site may not necessarily be able to deal directly with all entities that have materials at this site.
- LIABILITY WAIVER
Martin Duckworth Limited will not be liable for loss of any kind arising from the use, or inability to use, this website.
- MATERIAL TO BE CONSULTED IN ITS ENTIRETY
All materials at this site are to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosure or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
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