These Terms will apply to any contract between us for the sale of Products to you ((Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
||INFORMATION ABOUT US
||We operate the website www.unipartexpress.com. We are Unipart Rail Limited, a company registered in England and Wales under company number 3038418 and with our registered office at Unipart House, Cowley, Oxford, Oxfordshire OX4 2PG. Our trading address is Gresty Road, Crewe, Cheshire CW2 6EH. Our VAT number is 900543758.
||Contacting us if you are a consumer: You may only purchase Products from our Site if you are a business customer. We will not accept orders unless you have registered a business account with us in accordance the procedure set out at the Website.
||Contacting us if you are a business: You may contact us by telephoning our customer
service team at 01270 847 800 or by using the 'Contact Us' link on the Website.
||The images of the Products on our site are for illustrative purposes only. Although we have
made every effort to display the colours accurately, we cannot guarantee that your
computer's display of the colours accurately reflect the colour of the Products. Your
Products may vary slightly from those images.
||The packaging of the Products may vary from that shown on images on our site.
||USE OF OUR SITE
as they include important terms which apply to you.
||HOW WE USE YOUR PERSONAL INFORMATION
||You confirm that you have authority to bind any business on whose behalf you use our site
to purchase Products.
||These Terms and any document expressly referred to in them, constitute the entire
agreement between you and us in relation to transactions conducted through this website
and supersedes and extinguishes all previous agreements, promises, assurances, warranties,
representations and understandings between us, whether written or oral, relating to its
||You acknowledge that in entering into this Contract you do not rely on any statement,
representation, assurance or warranty (whether made innocently or negligently) that is not
set out in these Terms or any document expressly referred to in.
||You and we agree that neither of us shall have any claim for innocent or negligent
misrepresentation based on any statement in this Contract.
||HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
||Our shopping pages will guide you through the steps you need to take to place an order
with us. Our order process allows you to check and amend any details before submitting
your order to us. Please take the time to read and check your order at each page of the
||After you place an order, you will receive an e-mail from us acknowledging that we have
received your order (Sales Order Acknowledgement). However, please note that this
does not mean that your order has been accepted.
||If we are unable to supply you with a Product, for example because that Product is or
because of an error in the price on our site, we will inform you of this by e-mail and we
will not process your order. If you have already paid for the Products, we will refund you
the full amount including any delivery costs charged as soon as possible.
||Except as set out in clause 6.5, any unprocessed Orders can be cancelled up until 8pm on
the day of order. After this time, Orders cannot be cancelled. Please call our Customer
Services Helpdesk during working hours on 01270 847 800 for more help.
||Any items ordered from the Express Range can be cancelled up until time of dispatch or
8pm on the date of the order, whichever is earlier.
||OUR RIGHT TO VARY THESE TERMS
||We amend these Terms from time to time. Please look at the top of this page to see when
these Terms were last updated and which Terms were changed.
||Every time you order Products from us, the Terms in force at the time of your order will
apply to the Contract between you and us.
||If we have to revise these Terms as they apply to your order, we will contact you to give
you reasonable advance notice of the changes and let you know how to cancel the
Contract if you are not happy with the changes. You may cancel either in respect of all the
affected Products or just the Products you have yet to receive. If you opt to cancel, you
will have to return (at our cost) any relevant Products you have already received and we
will arrange a full refund of the price you have paid, including any delivery charges.
||The estimated delivery date of your Order will be displayed at the time of placing your
Order. The time of delivery time of Non Express items will vary and will be notified to you
as soon as possible after the Sales Order Acknowledgement. We cannot guarantee next
day delivery of any items which may be hazardous.
||Occasionally our delivery to you may be affected by an Event Outside Our Control. See
clause 16 for our responsibilities when this happens.
||If no one is available at your address to take delivery, we will leave you a note that the
Products have been returned to our premises, in which case, please contact us to
rearrange delivery. Such re-arranged delivery may incur additional charges to you. We will
notify you at the time you re-arrange the delivery what such costs may be.
||Delivery of an Order shall be completed when we deliver the Products to the address you
gave us and the Products will be your responsibility from that time.
||You own the Products once we have received payment in full, including all applicable
||NO INTERNATIONAL DELIVERY
||Unfortunately, we do not deliver to addresses outside the UK.
||You may place an order for Products from outside the UK, but this order must be for
delivery to an address in the UK.
||PRICE OF PRODUCTS AND DELIVERY CHARGES
||The prices of the Products will be as quoted on our site at the time you submit your
order. We take all reasonable care to ensure that the prices of Products are correct at the
time when the relevant information was entered onto the system. However please see
clause 10.4 for what happens if we discover an error in the price of Product(s) you
||Prices for our Products may change from time to time, but changes will not affect any
order you have already placed.
||The price of a Product includes VAT (where applicable) at the applicable current rate
chargeable in the UK for the time being. However, if the rate of VAT changes between the
date of your order and the date of delivery, we will adjust the VAT you pay, unless you
have already paid for the Products in full before the change in VAT takes effect.
||The price of a Product may not include delivery charges. Our delivery charges are as
advised to you during the check-out process.
||Our site contains a large number of Products. It is always possible that, despite our
reasonable efforts, some of the Products on our site may be incorrectly priced. We will
normally check prices as part of our dispatch procedures so that:
||where the Product's correct price is less than the price stated on our site, we will
charge the lower amount when dispatching the Products to you. However, if the
pricing error is obvious and unmistakeable and could have reasonably been 4
recognised by you as a mispricing, we do not have to provide the Products to you
at the incorrect (lower) price; and
||if the Product's correct price is higher than the price stated on our site, we will
contact you as soon as possible to inform you of this error and we will give you
the option of continuing to purchase the Product at the correct price or
cancelling your order. We will not process your order until we have your
instructions. If we are unable to contact you using the contact details you
provided during the order process, we will treat the order as cancelled and notify
you in writing.
||HOW TO PAY
||You can only pay for Products using a debit card or credit card or on account where
agreed in advance. We do not accept payment by way of American Express
||Payment for the Products and all applicable delivery charges is in advance. The funds will
not be deducted from your debit card or credit card until we dispatch your order.
||The risk in the Goods shall pass to you on completion of delivery.
||Title to the Goods shall not pass to you until we have received payment in full (in cash or
cleared funds) for:
||the Goods; and
||any other goods or services that we have supplied to you
||Until title to the Goods has passed to you, you shall:
||hold the Goods on a fiduciary basis as our bailee;
||store the Goods separately from all other goods held by you so that they remain
readily identifiable as Unipart Rail's property;
||permit and facilitate Unipart Rail at any time to enter any of your premises or of
any third party where the Goods are stored in order to inspect them;
||not remove, deface or obscure any identifying mark or packaging on or relating
to the Goods;
||maintain the Goods in satisfactory condition and keep them insured against all
risks for their full price from the date of delivery and on request allow us to
inspect the insurance policy;
||notify us immediately if it becomes subject to any of an Insolvency Event; and
||give us such information relating to the Goods as we may require from time to
||but you may resell or use the Goods in the ordinary course of its business provided that if
the Goods are resold the customer shall hold the entire sale proceeds as nominee for and
to the order of Unipart Rail.
||If before title to the Goods passes to the you, you become subject an Insolvency
Event or we reasonably believe that any such event is about to happen and notifies you
accordingly, then, provided that the Goods have not been resold, or irrevocably
incorporated into another product, and without limiting any other right or remedy we may
have, Unipart Rail may at any time require you to deliver up the Goods and, if the you fail to
do so promptly, enter any of your premises or of any third party where the Goods are
stored in order to recover them.
||OUR WARRANTY FOR THE PRODUCTS
||For Products which do not have a manufacturer's guarantee, we provide a warranty that
on delivery, and for a period of 15 months from the date of delivery (Warranty Period),
the Products shall be free from material defects. However, this warranty does not apply in
the circumstances described in clause 13.2.
||Subject to clause 13.3, if:
||you give us notice in writing during the Warranty Period within three Business
Days of discovery that some or all of the Goods do not comply with the
warranty set out in clause 13.1;
||we are given a reasonable opportunity of examining such Goods; and
||you (if asked to do so by us) return such Goods to our place of business at our
||we shall, at our option, repair or replace the defective Goods, or refund the price of the
defective Goods in full.
||The warranty in clause 13.1 does not apply to any defect in the Products arising from
||fair wear and tear;
||wilful damage, abnormal storage or working conditions, accident, negligence by
you or by any third party;
||if you fail to operate or use the Products in accordance with the user
||any alteration or repair by you or by a third party who is not one of our
authorised repairers; or
||any specification provided by you.
||Except as provided in this clause 13, we shall have no liability to you in respect of the
Goods' failure to comply with the warranty set out in clause 13.1.
||The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest
extent permitted by law, excluded from the Contract.
||These Terms shall apply to any repaired or replacement Goods supplied by us.
||OUR LIABILITY TO YOU
||Nothing in these Terms limits or excludes our liability for:
||death or personal injury caused by our negligence;
||fraud or fraudulent misrepresentation;
||breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title
and quiet possession);
||defective products under the Consumer Protection Act 1987; or
||any matter in respect of which it would be unlawful for us to exclude or restrict
||Subject to clause 14.1, we will under no circumstances whatever be liable to you, whether
in contract, tort (including negligence), breach of statutory duty, or otherwise, arising
under or in connection with the Contract for: any loss of profits, sales, business, or
revenue; loss or corruption of data, information or software; loss of business opportunity;
loss of anticipated savings; loss of goodwill; or any indirect or consequential loss.
||Subject to clause 14.1, our total liability to you in respect of all losses arising under or in
connection with the Contract, whether in contract, tort (including negligence), breach of
statutory duty, or otherwise, shall in no circumstances exceed the price paid for the
||Except as expressly stated in these Terms, we do not give any representation, warranties
or undertakings in relation to the Products. Any representation, condition or warranty
which might be implied or incorporated into these Terms by statute, common law or
otherwise is excluded to the fullest extent permitted by law. In particular, we will not be
responsible for ensuring that the Products are suitable for your purposes.
||EVENTS OUTSIDE OUR CONTROL
||We will not be liable or responsible for any failure to perform, or delay in performance of,
any of our obligations under a Contract that is caused by an Event Outside Our Control.
An Event Outside Our Control is defined below in clause 15.2.
||An Event Outside Our Control means any act or event beyond our reasonable control,
including without limitation strikes, lock-outs or other industrial action by third parties,
civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether
declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake,
subsidence, epidemic or other natural disaster, or failure of public or private
telecommunications networks or impossibility of the use of railways, shipping, aircraft,
motor transport or other means of public or private transport.
||If an Event Outside Our Control takes place that affects the performance of our
obligations under a Contract:
||we will contact you as soon as reasonably possible to notify you; and
||our obligations under a Contract will be suspended and the time for performance
of our obligations will be extended for the duration of the Event Outside Our
Control. Where the Event Outside Our Control affects our delivery of Products
to you, we will arrange a new delivery date with you after the Event Outside Our
Control is over.
||You may cancel a Contract affected by an Event Outside Our Control which has continued
for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to
return (at our cost) any relevant Products you have already received and we will refund
the price you have paid, including any delivery charges.
||COMMUNICATIONS BETWEEN US
||When we refer, in these Terms, to "in writing", this will include e-mail.
||Any notice or other communication:
||given by you to us, or by us to you, under or in connection with the Contract
shall be in writing and shall be delivered personally, sent by pre-paid first class
post or other next working day delivery service or e-mail.
||shall be deemed to have been received: if delivered personally, when left at our
registered office; if sent by pre-paid first class post or other next working day
delivery service, at 9.00 am on the second Business Day after posting or if sent by
e-mail, one Business Day after transmission.
||In proving the service of any notice, it will be sufficient to prove, in the case of a
letter, that such letter was properly addressed, stamped and placed in the post
and, in the case of an e-mail, that such e-mail was sent to the specified e-mail
address of the addressee.
||Any notice sent to us must be sent to our main trading address as set out in clause 1.1.
||The provisions of this clause shall not apply to the service of any proceedings or other
documents in any legal action.
||OTHER IMPORTANT TERMS
||We may transfer our rights and obligations under a Contract to another organisation, but
this will not affect your rights or our obligations under these Terms.
||You may only transfer your rights or your obligations under these Terms to another
person if we agree in writing.
||This Contract is between you and us. No other person shall have any rights to enforce any
of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
||Each of the paragraphs of these Terms operates separately. If any court or relevant
authority decides that any of them are unlawful or unenforceable, the remaining paragraphs
will remain in full force and effect.
||If we fail to insist that you perform any of your obligations under these Terms, or if we do
not enforce our rights against you, or if we delay in doing so, that will not mean that we 8
have waived our rights against you and will not mean that you do not have to comply with
those obligations. If we do waive a default by you, we will only do so in writing, and that
will not mean that we will automatically waive any later default by you.
||A contract and any dispute or claim arising out of or in connection with it or its subject
matter or formation (including non-contractual disputes or claims) shall be governed by
and construed in accordance with the law of England and Wales.
||We both irrevocably agree that the courts of England and Wales shall have exclusive
jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or
its subject matter or formation (including non-contractual disputes or claims).