Terms and Conditions

1. Definitions & Interpretation

1. In these Conditions, the following words shall have the following meanings:“Customer” means the person(s), firm or company who purchases the Goods from the Seller;“Contract” means the contract between the Seller and the Customer for the sale and purchase of the Goods, and/or services incorporating these Conditions;“Goods” means any goods agreed in the Contract to be supplied to the Buyer by the Seller (including any part or parts of them); and “Seller” means Paddock Services Limited trading as JWA having its registered office at Raleigh Hall; Eccleshall, Staffordshire ST21 6JL.
2. In these Conditions, references to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.
3. In these Conditions, headings will not affect the construction of these Conditions.

2. Application Of Terms

1. The Contract will be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).
2. The seller will issue an estimate in view to parts and services required. The buyer will be required to acknowledge the estimate in writing.
3. All parts will be inspected and a review of the work required will be completed. This is to be at the expense of the buyer.
4. The seller will then issue a quote valid for 14 days unless otherwise specified. The quote for parts or labour can vary by up to 15% of the original quote without referral to the buyer. Should the variance be over 15% then the seller will inform the buyer by issuing a revised quotation. The buyer will be required to acknowledge the revised order in writing.

3. Price & Payment

1. The price for the Goods and or Services will include;
   • all parts fitted at purchase invoice price plus delivery plus a handling fee
   • the hours required to complete the fitting, renovation or restoration work
   • in house fabrication or machining of parts
   • The Seller reserves the right to add a handling fee to any or all of the parts supplied by the Buyer.
2. Payment of the price for the Goods/Services is due on the date of invoice
3. If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to charge interest on the outstanding amount from the due date at 3% over HSBC base rate accruing on a daily basis until payment is made.
4. In the event that there are exchange rate swings between invoice date and payment then Customers paying in Euros may be re-invoiced/credited with the difference between the amount due in sterling and the amount that is credited to the bank.

4. Description

All drawings, photographs, descriptive matter, specifications and advertising issued by the Seller and any descriptions or illustrations contained in the Seller’s catalogues, brochures or internet site are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They will not form part of this Contract and remain the property of the seller unless otherwise agreed in writing.

5. Delivery

1. The Seller will hold the Goods/Services ordered by the Buyer available for collection from Monday to Friday from 09:00 to 17:00. Excluding statutory Holidays. Collections outside this period will be by arrangement only and may incur a charge.
2. The Seller can arrange delivery at a convenient time and date for the Buyer and at the sole cost of the Buyer.
3. Any dates specified by the Seller for delivery of the Goods are intended to be an estimate, and time of delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time
4. Property of the buyer deposited with the seller will be stored without cost in so far that work is being carried out. Should the work be completed or cease for whatever reason the seller reserves the right to levy a reasonable storage charge.

6. Risk/Title

1. Goods/Services supplied for racing purposes are short-lived high performance products no warranty is given or implied. The use of parts supplied and/or fitted by the supplier used in a motor sport environment is at the risk of the customer.
2. The Goods/Services are at the risk of the Buyer from the time of delivery.
3. Ownership of the Goods shall not pass to the Buyer until the Seller has received in full (in cash or cleared funds) all sums due to it in respect of the Goods/services.
4. All Property of the buyer deposited with the seller remains at the risk of the buyer for insurance purposes unless agreed in writing by the seller.

7. Liability

1. If the Goods delivered are damaged or defective or the delivery is of an incorrect quantity, the Seller shall have no liability to the Buyer unless the Buyer notifies the Seller in writing of the problem within 10 working days of the delivery of the Goods.
2. If the Buyer does not receive the Goods ordered by it within 30 days of the date of the Order Form, the Seller shall have no liability to the Buyer unless the Buyer notifies the Seller in writing of the problem within 40 days of the date of the Order Form.
3. If the Buyer notifies a problem to the Seller under either Condition 7.1 or Condition 7.2, the Seller’s sole and exclusive obligation will be, at the Buyer’s option:
• to make good any shortage or non-delivery; or
• to replace or repair any Goods that are damaged or defective; or
• to refund to the Buyer the amount paid by the Buyer for the Goods in whatever way the Seller chooses.
4. Save as precluded by law, the Seller will not be liable to the Buyer for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising under or in connection with the Contract and the Seller shall have no liability to pay any money to the Buyer by way of compensation other than to refund to the Buyer the amount paid by the Buyer for the Goods under Condition 7.3 above.
5. The Buyer must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase the Goods from the Seller. The Seller makes no representation and accepts no liability in respect of the export or import of the Goods.
6. Notwithstanding the foregoing, nothing in these Conditions is intended to limit any rights the Buyer might have as a consumer under applicable local law or other statutory rights that may not be excluded, nor in any way to exclude or limit the Seller’s liability to the Buyer for any death or personal injury resulting from the Seller’s negligence.

8. Notices

Unless otherwise expressly stated in these Conditions, all notices from the Buyer to the Seller must be in writing and sent recorded delivery to the Seller at James Watt Automotive Limited, Raleigh Hall; Eccleshall, Staffordshire ST21 6JL.All notices from the Seller to the Buyer will be sent to the Buyer’s address specified in the Order Form.

9. Events Beyond the Seller’s Control

The Seller shall have no liability to the Buyer for any failure to deliver the Goods or any delay in doing so or for any damage or defect to the Goods delivered that is caused by an event or circumstance beyond the Seller’s reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

10. Invalidity

• If any of these Conditions (or part of any of these Conditions) is unenforceable (including any provision in which the Seller excludes its liability to the Buyer) the enforceability of the remaining Conditions (or remaining part of any Condition) will not be affected.

11. Third Party Rights

• Notwithstanding any other provision of the Contract, nothing in the Contract confers or purports to confer any right to enforce any of its terms on any person who is not a party to it.

12. Governing Law

The Contract shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between the Seller and the Buyer.

13. Entire Agreement

The Contract sets out the entire agreement between the Seller and the Buyer. Nothing said by any sales person on behalf of the Seller should be understood as a variation of the Contract or as an authorised representation about the nature or quality of the Goods. Save for fraud or fraudulent misrepresentation, the Seller shall have no liability for any such representation being untrue or misleading.• No variation of or amendment to the Contract shall bind either party unless made in writing and signed by the authorised representatives of both parties.

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