Definition
In these Terms and Conditions of sale (“Conditions”) all references to “Seller” are to ASHCROFT TRANSMISSIONS LIMITED and all references to “Buyer” are to the person, firm or Company who buys or agrees to buy the goods or services from the Seller.
General
a) These Conditions shall apply to all contracts for the sales of goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation order or similar document.
b) All orders for goods shall be deemed to be an offer by the Buyer to purchase goods pursuant to these Conditions.
c) Acceptance of delivery of the goods shall be deemed conclusive evidence of the Buyer’s acceptance of these conditions.
d) Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
Website Content
We have taken every endeavour that our website content is accurate as possible, with particular attention to the price and description of the goods on offer. However errors do occur and we reserve the right to amend, remove and change items at any time.
Photographs on our website are for illustration purposes only and may not depict the actual item being purchased.
We offer advice and information on many products. This information should be used a guide only.
Quotations
A quotation by the Seller does not constitute an offer and the Seller reserves the right to withdraw or revise the same at any time prior to the Seller’s acceptance of the Buyer’s order. In any event any order sent by the Buyer shall be accepted at the Seller’s discretion.
Prices
Any pricing errors on our website will be advised as soon as possible after an order is placed. Any necessary refunds will be made as soon as possible, but within 3 working days. Any additional costs will be advised and the customer will have the right to cancel their order. If we do not have a response within 30 working days we will assume your order is cancelled and will refund any payment made.
Terms of Payment
- Payment may be made by credit card, Paypal, bank transfer or cash on collection
- For security reasons we are unable to deliver goods to addresses other than the address of the cardholder where a credit or debit card has been used for payment
Order Cancellations, Returns & Refunds
Parts orders
Should you wish to cancel your order please advise as soon as possible after ordering but within 7 working days following delivery.
Cancellations or returns should be advised in writing by email to returns@ashtrans.com
If your order is not already dispatched we will refund any payment in full (except Special orders, see below). Please note that we not liable for any loss that may arise due to fluctuations in the exchange rate at the time of refund.
If your order has already been delivered, and you wish to return the order for refund, you may do so within 12 months of purchase. All return goods are subject to a 15% re-stocking charge. Returns are not accepted after this 6 month period. This excludes core returns (see below) or the return of faulty goods.
Items must be returned, at no expense to Ashcroft Transmissions Limited, in the originally packaging and in good condition, as delivered. Parts fitted or damaged may not be refunded or may be subject to a surcharge. Ashcroft Transmissions cannot be responsible for goods lost or damaged on return. It is the responsibility of the sender to clearly label the return goods with their details.
Refunds for returned goods will be made, by the method by which the goods were originally paid, within 7 working days.
Transmissions orders
Should you wish to cancel your order please contact in us writing as soon as possible after ordering.
If your transmission unit has already been built, but not dispatched, we will cancel your order but a 10% restocking charge, based on the unit price but excluding the core charge, will be deducted from your refund.
If your transmission unit has already been shipped, we will refund your order if the return is returned within a 6 month period, excluding any carriage costs and we will deduct a 15% re-stocking charge, based on the unit cost excluding any core charge. If you have ordered from the UK and paid for return collection we can arrange collection of the order, otherwise you will be responsible for the return of your order. Your order must be returned unused, in good condition and not damaged or disassembled in any way.
Special Order items
Special order items, to include bespoke transmission assemblies, may be subject to a 50% advance payment. In the event of a cancellation this deposit will not be refunded.
Queries
All queries including invoices must be submitted in writing within seven days of invoice date.
Terms of Delivery
a) Delivery dates mentioned in any quotation or the Seller’s acknowledgement of order or any other document issued by the Seller are given in good faith by the Seller and are estimates only, but the Seller shall use every reasonable endeavour to meet them. However the seller shall not be any under liability to the Buyer in respect of any failure to deliver on any such particular date or dates. Failure by the Seller to comply with any delivery dates shall not entitle the Buyer to cancel any order or to refuse to accept delivery or claim any compensation.
b) Delivery shall be at the Buyer”s premises unless otherwise stipulated or agreed in writing by the Seller. The Seller may charge differently for any delivery to an alternative location.
c) If the Buyer refuses or fails to take delivery of goods tendered in accordance with the contract the Seller shall be entitled to immediate payment in full for the goods so tendered. The Seller shall be entitled to store at the risk of the Buyer any goods of which the Buyer refuses or fails to take delivery and the Buyer shall in addition to the purchase price pay on demand all costs of such storage and any additional costs incurred as a result of such refusal or failure. The Seller shall be entitled after the expiration of one month from the date of refusal to take delivery to dispose of the goods in such manner as the Seller may determine.
d) If you opt for the return collection service, applicable to the UK mainland only, then please note that this service is booked with Fedex/TNT but is not a guaranteed service, especially more remote areas. We cannot be held responsible if the collection does fail, we can only apologise for the inconvenience caused. We will try to arrange again but in some circumstances it may be necessary for us to cancel the collection and ask you to return the goods yourself.
Delivery and Risk
Unless specifically so stated in the quotation or estimate the price quoted or estimated by the Seller does not include the cost of carriage or delivery either to or from the Seller’s works. Insurance during carriage shall be affected as agreed between the parties but in the absence of agreement shall be the responsibility of the Buyer.
Lost/Damages Goods
No claim for damages or loss can be entertained if the goods have been signed for as being received in good condition. It is the reponsibility of the buyer to inspect the goods on arrival. The Buyer shall notify the Seller and the Carrier of any shortage in the delivery, or any damage or defect to the goods within 24 hours of delivery.
Title
Property in the goods shall remain with the Seller, not withstanding that the delivery has occurred and the risk has passed to the Buyer, until such stage as the Buyer has paid for the goods in full. Until property in the goods shall have passed to the Buyer under the terms hereof.
a) The Buyer shall be liable to the Seller for any loss or damage to the goods, howsoever caused, and shall insure the goods in the Seller’s name to its full value.
b) The Buyer shall ensure that at all times after the equipment has been delivered until full payment has been made, the equipment shall be identified in such a way as to show that it remains the property of the Seller.
c) The Buyer shall not mortgage, charge or otherwise encumber the goods or dispose of it, until payment has been made in full.
Liability
Note that in the event of a warranty issue you must first notify us before any work is undertaken (see point e)
a) Goods, unless not of our manufacture (see b iii), have a 12 month, unlimited mileage, parts only, return to base, warranty. The only liability accepted by the Seller for the repair or replacement of any defective goods is a liability to the original buyer for the repair or replacement of the parts, free of cost to the buyer, of goods of its manufacture, which are established to its reasonable satisfaction to have been faulty at the time of dispatch or in the liability period only. Goods that are repaired and not subject to a full rebuild are only covered by a three month warranty period and the warranty is limited to the parts fitted and not to any other parts not changed by us at the time of the repair. Heavy Duty Ring and Pinions are excepted from these terms, due to the nature of their use.
b) Such liability does not extend to any defect in the goods in the case of:-
i) caused by incorrect fitting, neglect or default of the Buyer or of any third party or for the unsuitability of the goods for fitting or mixing with other goods, improper use and maintenance of the goods in accordance with the instruction manual or other notices.
ii) Failure due to lack of oil. It is the responsibility of the owner of the transmission to maintain the correct oil level of the unit. Transmission failure, due to lack of oil, will not be covered under warranty. In the event of a oil leak, which may occur in the warranty period, oil levels will still need to be maintained until the issue can be rectified.
iii) Goods not of the Seller’s manufacture but where appropriate the Seller will endeavour to obtain for, and at the expense of the Buyer, the benefit of any other warranty in relation thereto
c) Outside the United Kingdom Liability does not extend to any carriage costs incurred for the return of goods for inspection, nor for the return of any repaired or replacement parts, unless specifically agreed between the Seller and the Buyer.
d) Subject as provided above, the Seller shall be under no liability whatsoever either during or after the defects liability period whether founded in common law or statute arising from the Seller’s negligence or that of any person for whom the Seller is vicariously liable, for any form of consequential or other loss howsoever caused, and is to be indemnified by the Buyer against all liability in respect thereof.
e) All warranty issues must be reported before any action is taken and any action and incurred costs to be agreed in advance. Failure to do so may result in any claim being declined.
f) Note warranty is only valid on standard vehicles and modified vehicles are not covered by our standard terms.
g) Note warranty runs from the date of supply and any replacement or repair during the warranty period does not extend the original warranty period.
h) Note any warranty claim does not include consequential loss.
Terms of Payment
a) Payment shall be made in full by the Buyer to the Seller without any deduction or set off in accordance with terms agreed in writing between the Seller and the Buyer and in the absence of such agreement before dispatch of goods.
b) Any extension of credit may be changed or withdrawn at any time by the Seller.
c) On failure to settle an invoices in accordance with the terms of sub clause (a) or (b) above of this clause the Seller may charge the Buyer interest on overdue accounts from the due date thereof until receipt by the Seller of the full amount at 3% above Barclays Bank base rate and shall accrue on a daily basis and at such rate after as well as before any judgement.
d) Any sums which may be owing by the Seller to the Buyer (whether under this contract or otherwise) may be set off in extinction or diminution of amounts from time to time due from the Buyer.
e) Payment may be made by Worldpay, Paypal, bank transfer or cash on collection
f) For security reasons we are unable to deliver goods to addresses other than the address of the cardholder where a credit or debit card has been used for payment
Core Deposit Refunds
Core Deposit s will be refunded as shown below provided the core returned is “like for like”, i.e. same serial number as supplied, complete and not stripped. Returned units that are not “like for like” may be either not refunded at all or may be partially refunded, depending on the model of the unit returned. Cores that have been stripped, i.e. taken apart in any way, will be subject to a standard £75 charge. Units that are incomplete will be subject to charges dependant on the type and the parts missing.
| Cores returned within number of years from date of invoice | 1 | 2 | 3 | 4 |
| Percentage Refund | 100 | 75 | 50 | 25 |
Pallets and Crates
Unless otherwise specified all pallets and crates remain the property of the Seller and are returnable to the Seller in the same state and condition in which they were delivered to the Buyer. The Seller reserves the right to charge the Buyer for pallets and crates which are not returned or are not in the opinion of the Seller in a fit state or condition for re-use by the Seller. None of the pallets or crates shall be used by the Buyer before their return to the Seller. This excludes crates that are charged at point of sale.
Interference With Markings
The Buyer shall not alter, obscure, remove, conceal or otherwise interfere with any markings, or identification placed by the Seller on the goods.
Third Party Rights
If the Buyer uses or sells the goods in such manner as to infringe any rights of a third party the Seller shall not be responsible for such infringement nor for any alleged infringement arising from the Buyer’s actions in relation to the goods and the Buyer hereby agrees to indemnify the Seller for and against all liability arising there from. The Buyer shall not make any representation warranties or guarantees with reference to goods supplied by the Seller except such as are consistent with these Conditions.
Interpretation of Export Terms
The interpretation of export trade terms shall be in accordance with Incoterms 1990 (current reprint) unless overridden by the Conditions.
Force Majure
If the supply of goods by the Seller is prevented hindered delayed or rendered uneconomical by reason of circumstance or events beyond the Seller’s reasonable control including but not limited to act of God, restrictions, restraint or interference by any government or government or official body or any legislation rules or orders they may make, riot, strike, lock-out, trade dispute or labour disturbance, accident, breakdown of plant or machinery, fire, flood, severe weather conditions, difficulty or increased expense in obtaining workmen, materials, or transport or other circumstances affecting the supply of the goods or of raw materials therefore by the Seller’s normal source of supply or the manufacture of the goods by the Seller’s normal means or the delivery of the goods by the Seller”s normal route or means of delivery, the Seller shall be under no liability to the Buyer and shall have the right to cancel or suspend the whole or any part of the Seller’s unfulfilled obligations and in the event of any such cancellation or suspension to treat the terms of the contract as having been modified accordingly by mutual consent.
Default by or Insolvency of the Customer
If the Buyer shall be in breach of any of its obligations under the Contract, or if a distress warrant, or other form of execution is levied against the Buyer, or if the Buyer shall make or offer to make any arrangement with his creditors or have bankruptcy proceedings taken against him, or (if a Limited Company) have a receiver appointed or enter into liquidation, whether compulsory or voluntary, the Seller shall at any time thereafter be entitled to determine the Contract. Notwithstanding any such determination the Buyer shall pay the Seller for all services rendered and goods delivered until and including the date of termination.
Lien
Without prejudice to any other rights or remedies which may be available to the Seller, the Seller shall in respect to all debts due from the Buyer to the Seller have a general lien on all equipment and property belonging to the Buyer which is the Seller’s possession and shall be entitled upon the expiry of 14 days notice to the Buyer to dispose of such equipment and property as the Seller thinks fit and to apply the proceeds of such disposition towards settlement of such debts.
Assignment
This Contract between the Seller and the Buyer as principals. The Buyer may not assign the contract without prior written consent of the Seller. The Seller may license or sub-contract any part of its rights and obligations under the contract without the Buyer’s consent.
Notice
Any notice given under contract shall be serviced by sending the same by registered post to the other party’s last know address, or in the case of the Seller, to the Registered Office.
Modification of Terms
Any modification or variation of these terms shall be of no effect unless agreed in writing by the Seller and the Buyer
Waiver
Failure by the Seller to exercise or enforce any rights hereunder shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at any time or times thereafter.
Law of the Contract
These conditions and any act or contract to which they apply shall be governed by UK law and any dispute arising out of any contract to which these Conditions apply shall be subject to the exclusive jurisdiction of the English courts.