Terms and Conditions of Trading relating to Supply of Goods , Repair and Maintenance Services
Only these printed terms and conditions applicable within the jurisdiction of the law of England and Wales, together with any written amendment accepted by a duly authorised representative of West Mercia Mechanical Services t/a Autoelectrics Mobile Product Services shall apply to any contract between the customer and trader. No condition expressed or implied by the customer's order form shall apply unless specifically accepted in writing by West Mercia Mechanical Services.
2.Invitation to Treat
Quotations or Estimates given by West Mercia Mechanical Services are not offers capable of acceptance by the customer and therefore no binding contract shall occur to supply goods or services until formally accepted by a representative of West Mercia Mechanical Services.
a) West Mercia Mechanical Services guarantees repair or replacement free of charge, any part or service supplied by West Mercia Mechanical Services against defective workmanship or bad materials within a 3-month period from the date of repair subject to the conditions below.
b) The guarantee does not apply to parts thereof not manufactured by West Mercia Mechanical Services. However the benefit of the manufacturer's guarantee (if any) will be passed to the customer, subject to the manufacturer's own conditions of trading.
c) The guarantee will be invalidated by the equipment being rendered defective due to lack of maintenance , wilful damage, neglect, unauthorised modification or use not in accordance with the operating handbook.
d) West Mercia Mechanical Services' liability in respect of any loss or damage how so ever caused shall not extend to the customers loss of profits, increased cost of working, or any like consequential loss.
e) West Mercia Mechanical Services gives no other guarantees other than the aforementioned
4. Fire risk during maintenance and repair operations
The customer is hereby made aware that the use of Welding , Cutting , Grinding , or other Heat application processes which may be used in the installation , maintenance, or repair of the customers's equipment is subject to cause risk of fire damage. It is therefore a condition of trading of West Mercia Mechanical Services that the customer takes preventative safety precautions against the risk of fire including removal of all flammable materials from the vicinity of equipment to be installed, maintained or repaired by West Mercia Mechanical Services, as far as is reasonably practical. Any area containing flammable material in the vicinity of work to be carried out by West Mercia Mechanical services shall be supervised by a competent person employed by the customer and equipped with suitable fire prevention apparatus of which the aforesaid person is trained in the use of
West Mercia Mechanical Services accepts no liability for damage caused by fire if the customer fails to comply with the above conditions
5.Use of diagnostic equipment and software
The customer remains liable for cost of replacement or repair of any diagnostic equipment used during the testing ,maintenance or repair of the customers vehicle which is subject to damage caused by a defect existing within the wiring , control units , sensors and actuators, or control software of the said customers vehicle.
The use of any such diagnostic hardware and software is subject to the performance and conditions set out in the hardware or software manufacturer user agreement.
6. Cancellation , Alteration, or Suspension of Orders
Cancellation , Alteration , or Suspension of orders placed with West Mercia Mechanical Services will only be accepted by prior agreement so as to indemnify West Mercia Mechanical Services against any actual costs or losses incurred by such cancellation , alteration , or suspension.
7. Frustration of Contract due to Partial Performance
Where West Mercia Mechanical Services is prevented, hindered, or delayed in total performance of contract by circumstances beyond the control of West Mercia Mechanical Service, liability of the customer for payment will be on a quantum meruit basis.
Unless arranged by prior agreement payment shall be due nett cash on issue of the invoice, or in case of pre arranged and credit checked customer accounts within 28 days from the date of invoice.
9.Transfer of Title to Goods
Any goods supplied by West Mercia Mechanical Services remain the legal ownership of West Mercia Mechanical Services until full settlement of invoice
The customer agrees that in the event of excessive delay in payment for goods, an agent of, or on behalf of West Mercia Mechanical Services may enter the premises of the customer for repossession of such goods
The risk in any goods or services supplied shall pass to the customer upon delivery. The customer will retain the right to sell such goods as supplied by West Mercia Mechanical Services by genuine commercial means provided the proceeds of such a sale shall become the property of West Mercia Mechanical Services and be sufficient to repay the original purchase price in full and any additional costs suffered by West Mercia Mechanical Services during supply of such goods.
10. Goods supplied by third parties .
West Mercia Mechanical Services accept no liability for goods or services supplied by third parties whether by recommendation , redirection, or any affiliate marketing program.
11. Trademarks and Copyright
Trademarks and manufacturers names are used for reference purposes only and recognised as property of their respective owners. No implication of fitness for purpose of any information is given in relation to written material on this website. All equipment should be serviced , maintained and repaired in accordance with the respective manufacturers guidelines.