Terms and conditions

Peugeot, Citroen, DS

Independent Tech Specialists

Terms and conditions

We operate a fair business but for legal requirements we have to publish our terms and conditions

When you browse and use our website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Magpie Autos relationship with you in respect of this website.

Welcome to our website www.magpieautos.com / www.magpieautos.co.uk

For trade-in and tool return refunds please see section 7.5 and 7.6

1. Terms and conditions

1.1 The terms and conditions apply to purchases made by any customer.

1.2 An Order constitutes an offer by the Customer to purchase Goods and/or Services in accordance with these Conditions.

1.3 An Order shall only be deemed to be accepted when Magpie Autos issues written acceptance of the Order (usually by email) at which point and on which date the Contract shall come into existence (Commencement Date).

1.4 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier which is not set out in the Contract.

2. Quotation

2.1 Any quotation given by the Supplier shall not constitute an offer and is only valid for a period of (7) Business Days from its date of issue.

2.2 All of these Conditions shall apply to the supply of both goods and services except where application to one or the other is specified.

3. Repair/Resetting of customer goods

3.1 If your Order is for the repair or replacement of an existing touchscreen, or repair of any other item, then the following terms will also apply

(a) You shall deliver to us, at your own cost and risk, any items requiring repair if we collect on your behalf, you will remain liable for the cost and risk of items;

(b) We shall acknowledge our receipt of such items by email and provide you with an estimated timescale for repair. Any estimates given will be just that, and time will not be of the essence of the Contract;

(c) Once repaired, we shall send the items to you via Royal Mail or an alternative courier requiring signature together with insurance for loss or damage.

(d) Clause 10 of these terms sets out important limitations on our liability to you. This particularly apply to repaired customer goods.

4. Delivery of Goods

4.1 The Supplier shall ensure that:

(a) each delivery of the Goods is accompanied by a note which shows the date of the Order, all relevant customer and supplier reference numbers, the type and quantity of the Goods (including the code number of the goods (SKU), where applicable), special storage instructions (if any) and, if the order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and

4.2 The Supplier shall deliver the Goods to the location set out in the order or such other location as the parties may agree (delivery location) at any time after the supplier notifies the customer that the goods are ready.

4.3 Delivery of the goods shall be completed on the goods’ arrival at the delivery location.

4.4 Any dates quoted for delivery of the goods are approximate only, and the time of delivery is not of the essence. The supplier shall not be liable for any delay in delivery of the goods that is caused by the delivery agent/courier, a force majeure event or the customer’s failure to provide the supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the goods.

4.5 Delivery shall usually be made via a Royal Mail. We recommend customers select the use of Royal Mail special delivery by 1pm next day service which includes Insurance up to £500 for loss or damage.

4.6 The Supplier may deliver the Goods by instalments, which shall be invoiced and paid for in full before delivery of any instalments.

5. Quality of Goods

5.1 The Supplier warrants that on delivery, and for a period of 12 months from the date of delivery (warranty period), the Goods shall:

(a) conform in all material respects with their description.

(b) be free from material defects in design, material and workmanship; and

5.2 Subject to clause 5.3, if:

(a) the Customer gives notice in writing during the warranty period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;

(b) the Supplier is given a reasonable opportunity of examining such goods; and

(c) the customer (if asked to do so by the supplier) returns such goods to the supplier’s place of business at the customer’s cost,

the Supplier shall, at its option, repair or replace the defective goods, or refund the price of the defective Goods in full.

5.3 The Supplier shall not be liable for the goods’ failure to comply with the warranty in clause 5.1 if:

(a) the customer makes any further use of such goods after giving a notice in accordance with clause 5.2.

(b) the defect arises because the customer failed to follow the supplier’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the goods or (if there are none) good trade practice

(d) the customer alters or repairs such goods without the written consent of the supplier.

(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

(f) the goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory standards.

5.4 Except as provided in this clause 5, the Supplier shall have no liability to the customer in respect of the goods’ failure to comply with the warranty set out in clause 5.1.

5.5 The terms of these conditions shall apply to any repaired or replacement goods supplied by the supplier under clause 5.2.

6 Title and risk

6.1 The risk in the goods shall pass to the customer on notification by the Supplier that the goods are ready for dispatch clause 4.55.5 applies.

6.2 Title to the Goods shall not pass to the customer until the supplier receives payment in full (in cash or cleared funds) for the goods and any other goods that the supplier has supplied to the customer and thereafter on delivery.

7. Supply of Services

7.1 The Supplier shall provide the Services to the customer as per any order.

7.2 The Supplier shall try to meet any performance dates for the services specified in any order acceptance, but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services.

7.3 The Supplier shall have the right to make any changes to the services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and the Supplier shall notify the Customer in any such event.

7.4 The Supplier warrants to the customer that the services will be provided using reasonable care and skill.

7.5 Customer trade-in offers are processed fully with-in 30 days. Please allow us 30 days of receipt of your trade-in to process the trade-in, inspect the goods and pay the agreed funds back into your account.

7.6 When a customer returns a tool for partial refund the tool must be received with-in 30 days of delivery. Please allow us 30 days of receipt of tool to , inspect the goods and pay the agreed funds back into your account.

8. Customer’s obligations

8.1 The Customer shall:

(a) ensure that the terms of the order and (if submitted by the Customer) the Goods Specification are complete and accurate.

(b) co-operate with the Supplier in all matters relating to the Services.

(c) provide the Supplier with such information and materials as the Supplier may reasonably require supplying the Services and ensure that such information is accurate in all material respects.

(d) ensure that any Goods are fitted by qualified and experienced mechanics familiar with fitting such goods.

(e) in the case of electrical goods, ensure that they have specialist knowledge in order to fit such items.

8.2 If the Supplier’s performance of any of its obligations in respect of the Services is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):

(a) the Supplier shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays the Supplier’s performance of any of its obligations.

(b) the Supplier shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Supplier’s failure or delay to perform any of its obligations as set out in this clause 8.2; and

(c) the Customer shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from the Customer Default.

9. Charges and payment

9.1 The price for Goods and Services shall be the price set out in the Order or, if no price is quoted, the price set out in the Supplier’s published price list as at the date of delivery. The price of the Goods is exclusive of all costs and charges of packaging, insurance, transport of the Goods, which shall be paid by the Customer when it pays for the Goods or on notification that the Goods are ready for delivery.

9.2 The Supplier reserves the right to:

(a) increase the charges for the Services, on giving the Customer written notice of any such increase. If such increase is not acceptable to the Customer, it shall notify the Supplier in writing within 7 days of the date of the Supplier’s notice and the Supplier shall have the right without limiting its other rights or remedies to terminate the Contract.

9.3 The Supplier shall invoice the Customer on or at any time after completion of delivery.

9.4 The Customer shall pay for Goods and Services on acceptance of an Order.

9.5 VAT Value added tax - Magpie Autos does not currently charge VAT on any of its products or services.

9.6 The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding except as required by law. The Supplier may, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by the Supplier to the Customer.

10. Limitation of liability: THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

10.1 Nothing in these Conditions shall limit or exclude the Supplier’s liability for:(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors.

(b) fraud or fraudulent misrepresentation.

(d) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

(e) defective products under the Consumer Protection Act 1987.

10.2 Subject to clause 10.1:

(a) the Supplier shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract ; and

(b) the Supplier’s total liability to the Customer in respect of all other 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 amount paid for Goods or Services in any one Order.

10.3 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

10.4 This clause 10 shall survive termination of the Contract.

11. Force majeure

11.1 For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of the Supplier including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

11.2 The Supplier shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.

11.3 If the Force Majeure Event prevents the Supplier from providing any of the Services and/or Goods for more than 13 weeks, the Supplier shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Customer.

12. General

12.1 Assignment and other dealings.

(a) The Supplier may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party.

(b) The Customer shall not, without the prior written consent of the Supplier, assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with all or any of its rights or obligations under the Contract.

12.2 Notices.

(a) Any notice or other communication given to a party under or in connection with this Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally or sent by prepaid first-class post or other next working day delivery service, or by commercial courier, fax or e-mail.

(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 12.2(a); if sent by pre-paid first class post or other next working day delivery service, at 8.30 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax or e-mail, one Business Day after transmission providing a delivery receipt is received.

(c) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action

12.3 Severance.

(a) If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.

(b) If one party gives notice to the other of the possibility that] any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

12.4 A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

12.5 No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, nor constitute either party the agent of another party for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.

12.6 A person who is not a party to the Contract shall not have any rights to enforce its terms.

12.7 Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions shall be effective unless it is agreed in writing and signed by the Supplier.

12.8 Governing law. This agreement 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.

12.9 Jurisdiction Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).

13. Interpretation

13.1 Definitions. In these Conditions, the following definitions apply:

Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.

Commencement Date: has the meaning set out in clause 2.2.

Conditions: these terms and conditions as amended from time to time in accordance with clause 12.7.

Contract: the contract between the Supplier and the Customer for the supply of Goods and/or Services in accordance with these Conditions.

Customer: the business (whether sole trader or limited company) which purchases the Goods and/or Services from the Supplier.

Delivery Location: has the meaning set out in clause 4.2. Force Majeure Event: has the meaning given to it in clause 11.1. Goods: the goods (or any part of them) set out in the Order. Order: the Customer’s order for the supply of Goods and/or Services, as set out in the Customer’s purchase order. Services: the services supplied by the Supplier to the Customer. Supplier: Magpie Autos.

13.2 Construction. In these Conditions, the following rules apply :

(a) person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);

(b) a reference to a party includes its personal representatives, successors or permitted assigns;

(c) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;

(d) any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and

(e) a reference to writing written includes faxes and e-mails.

The term ‘Magpie Autos’ or ‘us’ or ‘Supplier’ refers to the owner of the website whose registered office is 29 Hastings Court, Altofts, Normanton, WF6 2SH. The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).;

Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.

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