TERMS AND CONDITIONS

DEFINITIONS

"The Company" shall mean FamousFour.com Ltd. of Warwick Road, Fairfield Industrial Estate, Louth, Lincolnshire, LN11 0YB, U.K., registered in England number 04604791.
"The Buyer" shall mean the person, firm, company or agency or entity detailed in the appropriate section of the relevant Company sales invoice (and shall include all heirs, successors and assignees) to whom The Company agrees to sell or supply the goods.
"The Goods" shall mean the articles or items supplied pursuant the contract between The Company and The Buyer for the sale or supply of goods.

SCOPE

These conditions shall prevail over any inconsistent terms or conditions referred to in The Buyer's order or in correspondence or elsewhere unless specifically agreed to in writing by both parties, and any conditions or stipulations to the contrary are hereby excluded or extinguished.

QUOTATIONS

Quotations and estimates, written or verbal given by the Company shall not constitute an offer and The Company reserves the right to withdraw or amend the same at any time prior to acceptance of The Buyer's order.

PAYMENT

All Goods and Services must be paid for in full in GBP £ sterling before they are released to the Buyer.

Due to administration costs our minimum order value is £10.00 GBP sterling including carriage (also including VAT in the EU fiscal area). Any order placed below this value will not be processed, and we will contact you by e-mail to inform you of this to allow you to either cancel the order or add to it to take it over this amount.

PRICES

Prices listed or quoted are based upon costs prevailing at the time when they are posted on the website or given or agreed. The Company shall be entitled to adjust the price of The Goods as at the time of despatch by such amount as may be necessary to cover any increase sustained by The Company after the date of acceptance of The Buyer's order and any direct or indirect costs of making, obtaining, handling, storing, or supplying the Goods. Any such price adjustment shall be given in writing by the Company to the Buyer prior to dispatch of Goods.

Prices listed or quoted are applicable to the quantity specified and on the information provided by the Buyer at the time of order. In the event of orders being placed for lesser quantities or if there is any change in specifications, delivery dates or places, or delay is caused by The Buyer's instruction or lack of instructions The Company shall be entitled to adjust the price of the Goods as ordered to take into account the variations.

TITLE AND RISK

The risk in the goods shall pass to The Buyer when the Goods are delivered to the Buyer or their agents.

The title to the goods shall pass to the Buyer upon cleared payment in full of the invoice price including delivery costs, and ownership of the goods shall remain with The Company until The Company has received in cash or cleared funds payment in full. The Company reserves the right to dispose of the Goods until payment in full for all of the Goods has been received and cleared by the Company in accordance with the terms of this contract.

Until title passes to The Buyer The Buyer shall hold the goods as The Company's fiduciary agent and bailee. The Goods shall be stored seperately from any other goods and the Buyer shall not interfere with any identification marks, labels, batch numbers or serial numbers on the Goods. The Buyer should be responsible for protection and insurance of the Goods.

The company shall be entitled at any time to recover any or all of the Goods in the Buyer's possession to which The Company have title, and for that purpose The Company, it's employees or agents may with such transport as is necessary enter upon any premises occupied by the Buyer or any third party or to which the Buyer has access and where the Goods may be or are believed to be situated.

DELIVERY

The buyer shall be solely liable for the cost of delivery.

The cost of packaging and delivery will be shown as a separate item on the invoice.

In order for us to despatch goods to an address other than where the credit card is registered we need a written and SIGNED authority from the person whose credit card is being used - stating the REGISTERED card address AND the full delivery address to which they want the parts sending.

Suggested delivery date and promises of delivery are made in good faith and every effort will be made to keep to delivery dates given but time of delivery shall not be the essence of this contract and the Company shall not be liable for any loss or any damages whatsoever whether direct or indirect (including for the avoidance of doubt any liability to any third party) resulting from any delay in delivery, damage in transit or failure to deliver the Goods in a reasonable time whether such delay, damage or failure is caused by the Company's negligence or otherwise howsoever.

A reasonable inspection must be made at the time and point of delivery and any delivery signed for by the Buyer or their agent as being in good condition upon delivery cannot subsequently be the subject of a claim against the Company for damage, shortage or loss in transit. The carrier's proof of delivery should be endorsed with the words DAMAGED or MISSING PARCEL (where there are more than one parcel in the consignement and one or more are not delivered) where appropriate when Goods are delivered by the Company or their delivering agent and a copy sent to the Company at the time of notification.

The Company does not accept responsibility for any damage, shortage or loss in transit unless notification is given immediately by telephone to the Company and given in writing to the Company (via e-mail, fax or recorded delivery letter) within 3 working days of Goods delivered to the Buyer. In the event of a parcel being received by the Buyer in damaged condition, all packaging should be retained by the Buyer for inspection by the Company or their agents to assist in the process of making a claim against the delivering company.

Any claim for total non-delivery of Goods must be made to the Company within 7 days of the intended date of dispatch (as notified by the Company via order confirmation letter following receipt of the original Buyer order) of the Goods to any UK address or within 28 days for dispatch to non UK addresses.

Should the Buyer fail to take delivery of the Goods within 14 days of notification in writing the Company may, at its discretion, make an additional charge, or treat the contract as repudiated .

The Company reserves the right to withhold or suspend the delivery of goods to the Buyer if any account has not been paid when deemed due by the Company.

Purchase of Goods from the Company is only possible by mail order, and personal callers are not welcome.

LIABILITY/WARRANTY

Nothing in these terms shall exclude or restrict the Company's liability for death or personal injury resulting from the Company's negligence or the Company's liability for fraudulent misrepresentation.

The Company shall not be liable for any defect in the quality nature or condition of the Goods nor for the failure of the Goods to comply with any specification unless a claim in writing shall have been lodged with the Company by the Buyer or their agents within 14 days of delivery.

In this respect the Buyer is obliged to check the condition,quality, safety and all other properties of the Goods and to hold the Company harmless against any claims, and in the event no such claim is lodged the Buyer shall not be entitled to reject the Goods.

The Buyer is obliged to check the Goods on delivery and to indemnify and keep indemnified the Company against any claims, demands or proceedings in respect of the quality and safety of the Goods in the possession of the Buyer or their agents.

In the event of any shortage defect or failure as aforesaid the Company shall make good the shortage defect or failure and/or at the Company's sole discretion either replace at the Company's own expense, repair the Goods or refund all (or where appropriate part) of the price paid for any Goods found to be defective, provided that as a condition thereof the Company may require that the Goods concerned are returned to the Company's premises within one month of discovery and notification of the defect.

Goods found to be defective in design, materials or workmanship by the Company will be replaced or credited to the Buyer to the invoice value of the Goods subject to the above clauses being satisfied.

Where the Buyer is a person dealing as a consumer there is to be implied in this contract the condition and warranties contained in Section 13.14 and 15 of the Sale of Goods Act 1979. The statutory rights of the consumer are not affected.

Except in respect of death or personal injury caused by the negligence of the Company (being negligence defined by Section 1 of the Unfair Contract Terms Act 1977) the liability of the Company to the Buyer by reason of any representation implied warranty or other term or any duty under common law or under any contract for any consequential loss or damage (whether for loss of profit or otherwise ) costs claims and expenses or for any other loss damage or injury whatsoever which may arise from the suitability of the Goods faulty workmanship or otherwise shall in no case exceed the invoiced value of the Goods delivered from which the loss or damage arises.

Any information or recommendation by the Company in relation to the Goods is given in good faith but the Company shall not be liable to the Buyer in respect of any loss or damage arising therefrom howsoever caused.

RETURNS

Goods supplied to the Buyer may be returned to the Company within 14 days from the date of receipt on the condition that they are in the same condition as they were when dispatched by the Company, in their original packaging and without having been used or installed.

A covering letter must accompany all returned goods stating the original sales invoice number and reason for return.

Goods returned within the abovementioned timescale will be credited at the price invoiced to the Buyer less any carriage costs incurred by the Company and less a restocking/handling charge at a rate for the time being in force at the date of return. The Company shall effect a refund to the Buyer within 30 days following the date of receipt of the Goods at the registered address of the Company, via the same method of payment as the original purchase was made (eg Credit card).

The Buyer wishing to return Goods outside the 14 day return period must negotiate with the Company and obtain the Company's written consent before returning the Goods. Minimum handling/re-stocking charge on such returned Goods will be 20%.

Electrical and Fuel Injection parts are non-refundable and non-returnable except when supplied in error.

Where Goods are returned by the Buyer to the Company as allegedly faulty, the Buyer agrees to allow the Company (at no further expense to the Buyer) to inspect, test, and report on the condition of the Goods (without the Company replacing the said Goods prior to such report). Furthermore the Company shall repair or replace at its discretion such defective Goods, and allow the manufacturer of said Goods to inspect, test and report on the condition of the Goods in order that their manufacturing processes are updated accordingly. The Buyer agrees that these processes shall occur where necessary before any decision or refund will be made by the Company to the Buyer.

Compatability of goods is not guaranteed by the Company where modifications or alterations have been made to the Buyer's vehicle.

Parts modified or adapted by the Buyer shall no longer be warranted by the Company or the manufacturer of the Goods and the Company shall not be liable for any failures resulting subsequent to such modification.

LICENCES AND CONSENTS

If any licence or consent of any government or other authority shall be required for the purchase or importation of the Goods by the Buyer, the Buyer shall obtain the same at its own expense and if necessary or so required produce evidence of the same to the Company on demand. Furthermore the Buyer shall be responsible for the payment of any duties thereon.

All relevant customs/import duties and/or taxes payable in the respective country of The Buyer are payable by the Buyer.

GOVERNING LAW

These conditions and the contract shall be governed by and construed and interpeted in accordance with English law and for the purpose of settlement of any disputes arising out of or in connection with the Contract the parties hereby submit themselves to the jurisdiction of the English courts.

The statutory regulations for implementation of the convention concluded at The Hague on 1st. July 1974 relating to a uniform law on the international sale of Goods shall not be applicable to this Contract.

NOTICES

Any notice required to be given hereunder in writing shall be deemed to have been duly given if sent by pre-paid first class recorded delivery post, fax transmission or e-mail transmission addressed to the party concerned at its principal place of business or last known address, physical or electronic.

WAIVER

The failure on the part of either party to the Contract to exercise or enforce any rights conferred by the Contract shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise of enforcement thereof at any time or times thereafter.

GENERAL

No servant or agent of The Company or its subsidiaries is authorised to make any representation or agreement or give any warranty inconsistent with anything set out in these terms and conditions and no such agreement, representation or warranty, whether given in writing or otherwise, shall be binding upon The Company or its subsidiaries.

If any clause or sub-clause of these terms is held by a competent authority to be invalid or unenforceable, the validity of the other clauses and sub-clauses of these terms shall not be affected and they shall remain in full force and effect.

The headings to each of the above sections are intended only to be of some practical assistance to the Buyer as to the subject matter of the Condition to which it relates and is not to be construed as part of the Contract.