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Future Garage Equipment Services Ltd Terms & Conditions
These Terms and Conditions (‘Terms and Conditions’ or ‘Terms’ or ‘Conditions’) apply to all Orders which you, the customer (‘you’ or ‘your’), place directly or using this website "www.futuregarageservices.co.uk" (‘Website’), operated by us, Future Garage Equipment Services Ltd ('FGES' ‘we’ ‘us’ or ‘our’).
Please read following carefully before placing your Order and print a copy for future reference.
These are the Standard Terms and Conditions of Future Garage Equipment Services Ltd, Tees Road, Chelmsford, Essex, CM1 7QH.
You may wish to view our Additional Terms & Conditions
Relating To Garage Equipment & MOT Equipment Sales & Installation.
Please note however that these Terms and Conditions generally only apply to the
larger, fixed items of heavy equipment available from Future Garage Equipment
Services Ltd that can not be purchased online via this website.
By clicking on the "Accept" button you accept and agree to be bound by these Terms and Conditions, the Privacy Policy and such other policies as we notify you, which together constitute the entire agreement between us. You should read and understand these Conditions because they affect your rights and liabilities. Nothing in these Terms and Conditions affects your statutory rights, either as a consumer or
otherwise.
Prices
Products are invoiced in GBP sterling at the price prevailing at the time you place your Order. Unless otherwise stated, prices displayed on the Website do not include Value Added Tax which will be charged at the current rate. Delivery charges may vary and are clearly detailed.
Payment
You may pay for the items which you Order online by supplying your credit/debit card details on the secure online Order form. We cannot accept cheques, gift vouchers or cash as payment online.
Interpretation:
‘Conditions’ means the standard Terms and Conditions of sale set out in this document;
‘Contract’ means the contract for the sale of the Goods;
‘Payment Card’ means the credit or debit card or other method of payment you have chosen as the method of payment for the Goods detailed by you when placing the Order;
‘Delivery Area’ means UK Mainland
'Goods' means the items you have ordered which are available for purchase from our Web Site in accordance with these Conditions;
‘Information System’ means a system for sending, receiving, storing or otherwise processing electronic communications;
‘Order’ or 'Orders' means any order or orders placed by you with us for the supply of Goods;
‘Order Form’ means the electronic order form completed and submitted electronically by you;
‘Web Site’ our presence on the world wide web accessed via the URL: http://www.futuregarageservices.co.uk
Basis Of The Sale
When you place an Order to purchase items using our Website, this is an offer by you to us to purchase the items Ordered. Your Order shall not be deemed to be accepted by us unless and until confirmed by e-mail or in writing by us.
Unless otherwise agreed in writing, each sale of Goods will be subject to these terms and conditions. We reserve the right to reject any Order.
Orders
The quantity, quality and description of the Goods will be those set out in your Order (if accepted by us).
Orders are accepted at our sole discretion but normally accepted if you are based in the UK and your credit or account card is authorised for the transaction although Orders are subject to availability and price.
If you wish to cancel your Order, please contact us immediately. We try to process Orders rapidly so it may not always be possible to prevent an Order from being dispatched. If your Order has already been dispatched you may return the items to us in accordance with our Returns Policy.
You are responsible for ensuring the accuracy of any Order submitted.
Price Of The Goods
Products are invoiced in GBP sterling at the price prevailing at the time you place your Order.
Unless otherwise stated, prices displayed on the Website do not include Value Added Tax which will be charged at the current rate. Delivery charges may vary - the options are outlined.
Although we try to ensure that all prices on the Website are accurate, errors may occur. In the event of an error in the price of items you have ordered, we will contact you as soon as possible. You will have the option of either reconfirming your Order at the correct price or canceling it. If we are unable to contact you, we will treat your Order as cancelled.
Prices displayed on the Website apply to online purchases only. They are not indicative of the price of identical items purchased from us by any other means. We reserve the right to update prices displayed on the Website without notice.
Terms Of Payment
Upon providing us with details of the Payment Card and submitting the Order you confirm that the information contained within the Order is true and accurate and that you are authorised to use the Payment Card.
Also, you further authorise us to deduct from the Payment Card account the full price of the Goods detailed in your Order and all other payments which may become due to us under the Contract.
If it is not possible to obtain full payment for the Goods we reserve the right to immediately cancel your Order. This does not affect any other rights we may have.
We cannot be held liable for loss of profits or other economic loss financial, physical or otherwise you may suffer unless solely due to our negligence.
Delivery
Please be accurate when detailing delivery instructions as Goods can only be delivered in accordance with your instructions.
Please note that once we have dispatched items to you will not be able to cancel any contract you have with us for additional services carried out by us.
We will make every effort we reasonably can to meet the date given for delivery. With regret, we cannot be held responsible for delays beyond our control. We will contact you if we are unable to make the delivery date.
It is not always possible to deliver Orders for multiple items in a single drop. You will be informed in this event.
At our discretion, further proof of identity and address may be required prior to dispatch of goods.
Risk & Property
As soon as we have delivered the Goods or services, you will be responsible for them.
If for any reason you delay a delivery our responsibility for everything other than damage due to our negligence will end on the date we agreed to deliver them, as set out in the Contract.
The property in the Goods / ownership of the Goods shall not pass to you until we have received full payment of the price of the Goods.
Goods supplied to you are not for resale.
If you are using the supply address or Goods in for commercial purposes then no liability for loss of profits or other economic loss arising out of a breach of this agreement can be accepted.
We will not be liable under this Contract for any loss or damage caused by us or our agents in circumstances where there is no breach of a legal duty of care owed to you by us or where such loss or damage is not a reasonably foreseeable result of any such breach or where any increase in loss or damage resulting from breach by you of any term of this Contract.
Warranties & Liability
This Contract does not affect any additional rights you may have under a manufacturer’s warranty/guarantee. These rights, if any, are given to you by the manufacturer in addition to your statutory rights. Any further rights given to you by the manufacturer in respect of Goods purchased are not incorporated into this Contract.
Returns Policy & Items Damaged In Transit
If you take delivery and find the Goods have been damaged in transit, we will exchange the damaged items without charge to you provided you return the damaged item(s) to us within 14 days of taking delivery. You are responsible for the safe keeping and reasonable care of the items until returned to us. We do not accept liability for returned packages damaged during transit back to us.
Please examine the Goods as soon as reasonably possible after delivery.
Defective Items
You have the right to return a faulty item within a reasonable period of time.
Incorrect Items
In the event of us sending you an incorrect item, please notify us as soon as possible and return the incorrect item to us. Please specify the correct details in writing.
We reserve the right to reject any claims made in the respect of damaged or incorrect items if you fail to inform us within 14 days of delivery.
For further information please contact Trading Standards or The Citizens’ Advice Bureau.
Your Right To Cancel
You have 14 days after the date on which the Goods were delivered to cancel the Contract, and return the Goods at your cost and receive a full refund of the purchase price and any delivery cost.
Any cancellation during this 14 day period must be given by written notice by either party.
Goods must be returned in the original packaging complete, undamaged and unused with all accessories and instructions.
Goods are not offered for trial and return. We reserve the right to reject a cancellation claim at our discretion.
We reserve the right to reject a cancellation claim in the event of goods supplied being returned in a used, damaged or incomplete state.
The right to cancel this Contract will not apply in respect of any perishable items.
Exchange DX260 Battery Packs
DX260 Battery Packs are supplied at a discounted price which applies only if you agree to return your old battery pack complete and undamaged to our registered office.
By purchasing a DX260 battery pack you enter into a contract with FGES that requires you to return your old battery pack within 14 days of purchasing the exchange unit.
Failure to comply with this requirement will incur an automatic surcharge of £98.00+VAT.
Communications
You agree to receive communications from us electronically and that electronic communications will satisfy any legal requirement for communications to be in writing.
Any communication sent electronically by email or otherwise to a business or individual will be deemed to have been sent once it enters an Information System outside the control of the originator of the message and will be deemed to have been received by the intended recipient at the time that a readable form of it enters an Information System which is capable of being access by the intended recipient.
Any communication sent by post will be deemed received by the intended recipient three days following mailing where sent by first class post or five days after mailing where sent by second class post.
It is your responsibility to seek a delivery receipt for any communications and retain a hard copy of that delivery receipt and the original correspondence.
Used / Secondhand Equipment
Used and second hand equipment is sold as seen and not covered by any warranty unless expressly stated in writing.
Please note: Where a written warranty is offered, consumable items and peripherals including filters, oil temperature probes, RPM measurement devices, petrol exhaust sample probe ends, diesel exhaust sample probe ends, printers and printer cartridges are not covered. Damage or breakdown caused by anything other than spontaneous component failure is not covered by any warranty written or otherwise. For example, damage or breakdown caused by misuse, abuse, neglect, contamination or power surge is not covered by any warranty.
In all circumstances, please refer to your written warranty for details of cover provided. Warranty claims will not be validated without provision of written proof of warranty by the purchaser.
Crypton Scrappage
Scrappage discount is a list price discount applicable when you part exchange a qualifying MOT emissions analyser.
This offer is subject to inspection of the equipment offered for part exchange, and the subsequent acceptance and approval there of. Qualification and acceptance is granted at the discretion of FGES and Crypton.
Both FGES and Crypton reserve the right to reject or refuse any equipment offered in part exchange. Offer Extended - Now Ends 30.06.2010.
General
Alterations to this Website and Terms and Conditions
We reserve the right at any time to make changes to this Website, these Terms and Conditions, Privacy Policy and such other policies as we may notify you of. You will be subject to the policies and terms and conditions in force at the time you use the Website or order items from the Website. Changes which we are required to make by law could apply to Orders which you have already made. If any of the terms and
conditions forming the Contract between us are deemed invalid, void or unenforceable for any reason, it will be deemed severable and not affect the validity and enforceability of the remaining terms and conditions.
If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and solutions in other situations where you are in breach.
These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the non-exclusive jurisdiction of the English courts, as do we.
Unless we are fraudulent or negligent we will not be liable to you for any financial losses caused as a result of unauthorised access to the personal and transactional information you provide us when placing an Order.
The headings in these Conditions are for convenience only and will not affect their interpretation.
Images of products listed on our web site are for guidance and illustration purposes only.
We only sell items to adults (i.e. those aged 18 or over). If you are under 18, you may use this Website only with the involvement of a parent or guardian.
We may from time to time vary the dimensions, specifications and quantities of items displayed on our Website without prior notice.
Privacy and Communications
For details on how we use your information, please read our Privacy Policy.
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