INTELLECTUAL PROPERTY AND ACCEPTABLE USE
1. All Content included on the Website, unless uploaded by Users, is the property of Diesel Parts Direct, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users.
By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission
2. You may, for your own personal, non-commercial use only, do the following: retrieve, display and view the Content on a computer screen
3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any content without the written permission of Diesel Parts Direct.
4. You may not use the Website for any of the following purposes:
- in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
- in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
- making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
5. You must ensure that the details provided by you on registration or at any time are correct and complete.
6. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
7. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
8. You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
LINKS TO OTHER WEBSITES
9. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Thomas Group Ltd or that of our affiliates.
10. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
11. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
AVAILABILITY OF THE WEBSITE AND DISCLAIMERS
13. Any online facilities, tools, services or information that Diesel Parts Direct makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Diesel Parts Direct is under no obligation to update information on the Website.
14. Whilst Diesel Parts Direct uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
15. Diesel Parts Direct accepts no liability for any disruption or non-availability of the Website.
16. Diesel Parts Direct reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
LIMITATION OF LIABILITY
17. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
18. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
19. To the maximum extent permitted by law, Thomas Group Ltd accepts no liability for any of the following:
- any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
- loss or corruption of any data, database or software;
- any special, indirect or consequential loss or damage.
20. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
21. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
23. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
24. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
25. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
26. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
THOMAS GROUP DETAIL
27. Diesel Parts Direct is a sub-division of Thomas Auto Injection Centre Ltd and is a company incorporated in England and Wales with registered number 3054489 whose registered address is: Ashford Commercial Quarter, 1 Dover Place, Ashford, Kent, TN23 1FB and it operates the Website: www.dieselpartsdirect.co.uk. The registered VAT number is 624-9694
You can contact Diesel Parts Direct by email on [email protected].
28. These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk).
Last Edited July 2020
TERMS & CONDITIONS OF SALE
"Company" means Thomas Auto Injection Centre Limited
"the Parts" means the motor vehicle spare part or parts supplied by the Company for the customer.
"the Price" shall be the Company's quoted price.
These Conditions shall apply to all contracts for work to be carried out by the Company for the Customer to the exclusion of all other terms and conditions including any terms and conditions, which the Customer may purport to apply under any purchase order, confirmation of order or similar document.
Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Company.
The Price is exclusive of VAT, which shall be due at the rate ruling on the date of the Company’s invoice.
Payment must be made when the parts are collected except where credit facilities have been granted by the Company to the customer.
Where credit facilities have been agreed, payment of the Price and VAT shall be due and payable within 30 days of the end of the month following the date of the Company’s invoice.
Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at the rate of 4% above Barclays Bank Plc’s Base Rate from time to time in force and shall accrue at such rate as well after as before any Judgement.
The customer shall be responsible for checking that the Parts supplied are the ones required. If the customer returns, undamaged, the parts supplied within 5 days of delivery the Company will at its discretion either replace it or refund the price. This may be subject to a handling charge.
BREACH OF OUR OBLIGATIONS
In the event of any breach by the Company of its obligations.
The Company shall be under no liability whatever to the customer for any indirect loss and/or expense (including loss of profit) suffered by the customer arising out of a breach by the Company of this Contract.
The remedies of the customer shall be limited to damages. Under no circumstances shall the liability of the Seller exceed the Price of the Parts.
RETENTION OF TITLE
The Parts shall be at the customer’s risk as from delivery.
In spite of delivery having been made, property of the Parts shall not pass from the Company until;
- the customer shall have paid the Price plus VAT in full and;
- no other sums whatever shall be due from the customer to the Company.
Until the property in the Parts passes to the customer in accordance with 7.i. above, the customer shall hold the parts and each of them on a fiduciary basis as bailee for the Company. The customer shall store the Parts (at no cost to the Company) separately from all other goods in the customer’s possession and marked in such a way that they are clearly identified as the Company’s property.
The Company shall be entitled to recover the Price plus VAT and interest and charges payable notwithstanding that the property in any of the Parts has not passed from the Company.
Notwithstanding that the Parts (or any of them) remain the property of the Company, the customer may sell or use the Parts in the ordinary course of the customer’s business at full market value for the account of the Company. Any such sale or dealing shall be a sale or use of the Company’s property by the customer on the customer’s own behalf, and the customer shall deal as principal when making such sales or dealings.
Until property in the goods passes from the Company, the entire proceeds of sale or otherwise of the Parts shall be held in trust for the Company, and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as the Company’s money.
Until such time as property in the Parts passes from the Company, the customer shall upon request deliver up such of the Parts as have not ceased to be in existence or resold to the Company. If the customer fails to do so, the Company may enter upon any premises owned, occupied or controlled by the customer where the Parts are situated and repossess the Parts. On making of such a request, the rights of the customer above shall cease.
The customer shall not pledge or in any way charge by way of security for any indebtedness any of the Parts, which are the property of the Company. Without prejudice to the other rights of the Company, if the customer does so, all sums whatever owing by the customer to the Company shall forthwith become due and payable.
The customer shall insure and keep insured the Parts to the full Price against “all risks” to the reasonable satisfaction of the Company until the date that property in the Parts passes from the Company, and shall whenever requested by the Company produce a copy of the Policy of Insurance. Without prejudice to the other rights of the Company, if the customer fails to do so, all sums whatever owing by the customer to the Company shall forthwith become due and payable.
This Agreement shall be governed by and construed in accordance with the Law of England and Wales and each party agrees to submit to the exclusive jurisdiction of the Courts of England and Wales.