1. Definitions
1.1 The “Buyer” means the Account Applicant or person who buys or agrees to buy Goods from the Seller.
1.2 The “Seller” means Macintyres UK ltd.
1.3 “Conditions” means the Conditions of Sale set out in this document and any special conditions agreed in writing by the Seller.
2. Conditions
2.1 These “Terms and Conditions” do not affect your statutory rights as a consumer.
2.2 All contracts of sale made by the Seller shall be deemed to incorporate these terms and conditions which shall prevail over any other document or communication from the Buyer.
2.3 If any amendments to this terms and conditions are required it is preferable that they be confirmed in writing.
2.4 Acceptance of delivery of Goods shall be deemed conclusive evidence of the Buyers acceptance of these Conditions.
3. Warranty and Liability
3.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, Section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, Common Law or otherwise are excluded and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
3.2 While every effort is made to ensure that the product specifications on this web site are accurate, manufacturers do add and remove functionality in their products as the software is developed. Inevitably there will be a delay before the product descriptions are updated reflecting these changes. It is highly recommended that an evaluation of the chosen product(s) is carried out to ensure that it meets your functional requirements prior to purchase.
3.3 While all part worn tyres are visually inspected for any penetrating cuts or other noticeable problems, sometimes the problems on the tyres may go unnoticed. If you receive such a tyre please contact the seller.
4. Delivery
4.1 Products supplied within the UK as will normally be delivered within 3 working days of receipt of order.
4.2 Where a specific delivery date has been agreed, and if this delivery date cannot be met the Buyer will be given the option to agree a new delivery date or receive a full refund.
4.3 Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date.
4.4 Delivery of the Goods shall be made to the Buyer’s address and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
5. Ownership and Risk
5.1 The risk in Goods shall pass to the Buyer upon delivery of the Goods or upon the Goods being appropriated to the Buyer but kept at the Seller’s premises at the Buyer’s request.
5.2 The Seller remains the owner of the Goods affected by the Contract until the Seller has been paid in full for such Goods.
5.3 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within a reasonable time of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do this he is deemed to have accepted the Goods.
5.4 Any Goods in respect of which any claim of defect or damage is made shall be preserved by the Buyer intact together with the original packing at the Buyer’s risk and either
a) retained by the Buyer for a reasonable period to enable the Seller or its agent to inspect or Collect the Goods or
b) at the Seller’s option returned by the Buyer to the Seller who will refund the cost of postage and packing to the Buyer if the Goods are in fact defective.
6. Liability
6.1 Except as may be implied by law where the Buyer is dealing as a consumer, in the event of any breach of these Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential damage.
7. Misc
7.1 Any contracts shall in all respects be construed and operate as an English contract and in conformity with English law.
7.2 If any part of these terms and conditions that is not fundamental is found to be illegal or unenforceable, such finding will not affect the validity or enforceability of the remainder of these terms and conditions.