All photos and text Ⓒ Copyright Auto Fault Finder 2015. Do not use without written permission.
These terms and conditions together with the documents referred to in them tell you the basis on which we will supply to you our goods (“Goods”) and services (“Services”). Please read these terms carefully before ordering any Goods or Services from us. By ordering any of the Goods or Services, you agree to be bound by these terms.
Information About Us
The Goods and Services are provided (and/or promoted as per clause 6) by Auto Fault Finder / Haldex Repairs and may be provided under our brand Auto Fault Finder / Haldex Repairs (“we/us/our”).We are registered in England and Wales and have our registered office and main trading address at Auto Fault Finder, SBL The Weston Centre, Weston Road, Crewe, CW1 6FL.
By placing an order with us, you warrant that:
you are legally capable of entering into binding contracts;you are a Consumer (not a business, trade, profession or acting in the capacity of a director, sole trader or partner) and you are at least 18 years old;the information you provide to us during the process of placing an order for Goods and/or Services is accurate, complete and not misleading.You acknowledge that clause 5 does not apply unless you are purchasing Goods and/or Services by mail order or from our website (excluding click and collect) as a consumer (in other words, other than in the course of a business, trade or profession) (“Consumer”);
These terms and conditions apply to all sales of Goods and/or Services provided by us to you.If you are purchasing Goods and/or Services via our website, subject to clause 5, no contract for the supply of Goods and/or Services (“Contract”) will come into existence until we despatch the Goods, send you an email confirming that your Goods have been despatched or start performing the Services (whichever is the earlier).If you purchase Goods and/or Services by any means other than via our website, the Contract will not come into existence until either your order (however given) is accepted by the earliest of our written acknowledgement of order, delivery of the Goods or performance of the Services.Each order for Goods and/or Services by you to us will be deemed to be an offer by you to purchase Goods and/or Services subject to these terms. Each order placed by you to us for Goods and/or Services and accepted by us will constitute a separate contract.You must ensure that the terms of your order and any applicable specification are complete and accurate.These terms will be incorporated in the Contract to the exclusion of all other terms and conditions. They supersede all prior dealings, negotiations, representations or agreements between us in respect of the subject-matter of the Contract whether written or oral.No variation or amendment of this Contract will be valid unless in writing and signed by you and our authorised representative.
Goods And Services
All brochures, specifications, drawings, catalogues, particulars, shapes, descriptions and illustrations, application guides and information, price lists and other advertising matter are intended only to present a general idea of the Goods and Services described in them and the images of the Goods on the website or otherwise are for illustrative purposes only
We reserve the right to deliver Goods of a modified design provided that any difference does not make the Goods unsuitable for any purpose you have made known to us.
The Goods will conform in all material respects to any sample provided to and accepted by us. The Goods and Services will conform in all material respects with any specification provided to and accepted by us. We reserve the right to amend any design or specification without prior notification provided that it does not adversely affect the performance of the Goods and Services.
We retain all copyright and title to all documentation relating to Goods delivered to you by us. This documentation may only be used for the purposes intended in the Contract and not for any other purpose without our permission. It must be returned on demand.Technical specifications are approximations unless specifically stated otherwise.You will not remove, alter, deface, obfuscate or tamper with any of the trade marks, names or numbers affixed to or marked on the Goods nor allow anyone else to do so.
Consumer Rights – RIGHT TO CANCEL
Clause 5 only applies if you are a Consumer AND purchasing Goods and/or Services by mail order or from our website (www.haldexrepairs.co.uk / www.autofaultfinder.com). Where you use purchase Goods in-store or use our click and collect facility, your purchase will take place in-store and this clause 5 shall not apply.
In accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have the right to cancel the Contract (subject to clause 5.8 below) for any item bought on the Website for a full refund within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last Good(s).To exercise the right to cancel email customer services on email@example.com. or call 07538 065845, or write to us at Auto Fault Finder, SBL The Weston Centre, Weston Road, Crewe, CW1 6FL to inform us of your decision to cancel your order by a clear statement (setting out your name, geographical address, order number and, where available, your telephone number and an e-mail address). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.If you cancel the Contract under this clause 5, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). Please take reasonable care of the goods as we are entitled to deduct an amount from the refund to reflect any loss in value of the goods supplied, if the loss is the result of unnecessary handling of the goods by you. We will make the reimbursement without undue delay, and not later than 14 days after the day we receive back from you any Goods supplied, or(if earlier) 14 days after the day you provide evidence that you have returned the Goods, orif there were no Goods supplied, 14 days after the day on which we are informed about your decision to cancel the Contract.We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the Goods back or you have supplied evidence of having sent back the Goods, whichever is the earliest.You shall send back the Goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from the Contract to us. The deadline is met if you send back the Goods before the period of 14 days has expired. You will have to bear the direct cost of returning the Goods. If you are responsible for the costs of return and we are collecting the Goods from you, we will charge you the direct cost to us of collection. We charge a flat fee of £4.50 for collection.The right to cancel does not apply to the following kind of contracts:
Subject to clause 7.2, the prices of the Goods and Services will be as quoted in our marketing literature from time to time except in cases of error (see clause 7.2.2). The prices may be altered at any time without notification to take into account any increase in our costs (including but not limited to the cost of materials, labour, transport or other overheads, any tax, duty or variation in exchange rates).For Goods and Services purchased via our website, the price you pay is the price displayed on this website at the time we receive your order apart from the following exceptions:
For Goods reserved online via our click and collect facility or via any other reservation service the price you pay is the price on the day of collection;While we try and ensure that all our prices on our website are accurate, some prices may be incorrectly listed. If we discover an error in the price of the Goods you have ordered we will inform you as soon as possible and offer you the Goods at the correct price. We are under no obligation to provide Goods or Services to you at an incorrect, lower price, even after we have acknowledged your order or despatched the Goods or started performance of the Services. If we cannot contact you, we will treat the order as cancelled. If payment has been made and you wish to cancel your order, you will receive a full refund of the price paid;Please note that the prices payable for Goods and Services in-store may vary from those stated on our website.Where there is no error in our pricing as per clause 7.2.2 or otherwise, the prices that you pay for the Goods and Services will be those ruling (in the case of Goods) at the date of despatch of the Goods or (in the case of Services) our confirmation of the start date of the ServicesWe list prices .Unless otherwise specified, the delivery costs (if any) will be quoted at the time you place your order for Goods. The entire cost of any other mode of transport or any special deliveries other than the standard delivery service we offer, will be borne by you, as will delivery to locations outside of the United Kingdom. No allowance will be credited for Goods collected from our premises by you rather than delivered by us.
The Goods are delivered to you when we make them available to you at a delivery point agreed by us.Y ou have legal rights if we deliver any of the Goods ordered late. If we miss the delivery deadline for any Goods then you may treat the Contract as at an end straight away if any of the following apply:
we have refused to deliver the Goods;delivery within the delivery deadline was essential (taking into account all the relevant circumstances); oryou told us before we accepted your order that delivery within the delivery deadline was essential.If you do not wish to treat the Contract as at an end straight away, you can give us a new deadline for delivery, which must be reasonable, and you can treat the Contract as at an end if we do not meet the new deadline.If you do choose to treat the Contract as at an end for late delivery under clause 10.2, you can cancel your order for any of the Goods or reject Goods that have been delivered. If you wish, you can reject or cancel the order for some of those Goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled Goods and their delivery. If the Goods have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email us at firstname.lastname@example.org to arrange collectionTime of delivery will not be of the essence and any delivery date is an estimate only. We will use all reasonable endeavours to avoid late deliveries.The quantity of any consignment of Goods as recorded by us upon despatch from our place of business will be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.Our liability for non-delivery of the Goods will be limited to, at our discretion, replacing the Goods within a reasonable time, issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods or a refund of the purchase price paid.Any claim that any Goods have been delivered damaged or do not materially comply with their description will be notified by you to us and (where appropriate, to the carrier) within 7 days of their delivery. Provided that you return such Goods to us in accordance with clause 15, we will at our sole discretion replace such Goods, issue you with a credit note for the price of such Goods or refund the price paid for such Goods. The provisions of this clause 10.8 set out your sole remedy in such circumstances.Any claim that any Goods have not been delivered to you by us or our appointed carriers where we claim we have delivered the same to you, or left the Goods in a safe place or delivered the Goods to your neighbour and/or our appointed carriers have obtained a signature for the delivery of the Goods (from any of the above (where applicable), such claim must be notified by you to us within 7 days of their expected delivery. We shall then liaise with our carrier and/or our driver and we may require copies of two forms of personal identification documents from you (such as passport, driving licence, bank card etc) or any third party. Once we have reviewed all documentary evidence and statements from the relevant drivers we shall then come back to you within a reasonable timescale of our decision (to replace such Goods, issue you with a credit note for the price of such Goods, refund the price paid for such Goods or to not provide any of the aforementioned) which shall be final and binding. The provisions of this clause 10.9 set out your sole remedy in such circumstances.We may at our discretion deliver the Goods by instalments in any sequence. Where the Goods are delivered by instalments, no default or failure by us in respect of any one or more instalments will vitiate the Contract in respect of the Goods previously delivered or undelivered Goods.If you fail to take delivery of the Goods or accept performance of the Services or any part thereof at the time agreed for delivery then we will be entitled to cancel or suspend such delivery and all other outstanding deliveries and to charge you for the reasonable loss suffered.
Storage And Disposal
If you fail to take delivery of the Goods when they are ready for delivery we may, at our option, either store them ourselves or have them stored by third parties on such terms as we may in our own discretion think fit. In any event the cost of storage will be borne by you. Where you are buying replacement electrical and electronic equipment (“Replacement EEE”) as a Consumer we have certain obligations under the WEEE Regulations to take back WEEE without charge.
Subject to clause 14.1, each of the Goods are supplied with the benefit of a warranty given by the Goods’ manufacturers (details of which will be provided to you with the Goods or otherwise on request (“the Warranty”)) provided that you comply with the conditions set out in clause 15.2 as well as any provided with the Warranty (“Warranty Conditions”).If Goods become faulty during the period of the Warranty for reasons unconnected with your acts, omissions or misuse of the Goods, you can (subject to clause 15.2.2) opt to use one of the following two options:
notify us in writing by phone 07538065845 /or by email to email@example.com (including a description of the fault) and return such Goods to us. Such Goods shall be returned to the manufacturer for review and testing. Based on the manufacturers’ opinion and further subject to clause 15.5 and 15.6, we will repair, (or at our sole option) replace such Goods with the same or superior Goods, without charge or not provide any of the aforementioned. The manufacturer’s opinion shall be final and binding and we shall have no further liability to you. If Goods become faulty after expiry of the Warranty, and you request that we replace or repair such Goods, then we shall charge our then standard list price for such repair or replacement; orcertain Goods qualify for our ‘No Quibble’ exchange policy (details of which Goods qualify can be found in-store). Should the Goods you purchased qualify and comply with our Warranty Conditions, they can be exchanged for an immediate replacement of the same Goods purchased (for the avoidance of doubt, no other goods can be exchanged for the Goods purchased and only a like for like exchange will be accepted) and we shall waive our right to have the Goods previously purchased by you and returned for exchange, to be tested. You must note that should you opt for the No Quibble exchange, we will return the Goods purchased to the manufacturer and/or have them destroyed, and you will have no rights to make any further claims (such as those listed within clause 21.4) in relation to the Goods returned. You will need to complete a warranty claims form (which will be provided in-store) confirming your acceptance to our ‘No Quibble’ exchange policyYour sole remedy in respect of a failure of the Goods to comply with the Warranty is as set out in the Warranty Conditions.We will be afforded reasonable opportunity and facilities to investigate any claims made under the Warranty and you will if so requested in writing by us promptly return any Goods the subject of any claim and any packing materials securely packed and carriage paid to us for examination.We will have no liability with regard to any claim in respect of which you have not complied with the claims procedures in the Warranty Conditions.The above warranty is given by us subject to us having no liability in respect of any defect arising from wear and tear, wilful damage, negligence, tampering of the Goods, incorrect fitting of the Goods by you and/or a third party, abnormal working conditions, failure to follow our and/or the Goods’ manufacturers’ instructions (whether oral or in writing), misuse or alteration or repair of the Goods without our approval.
If you are exercising your right to change your mind in accordance with Clause 5:
We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost or free but you choose to have the Goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.Where the product is a service, we may deduct from any refund an amount for the supply of the Service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us. For information about how to return Goods to us, see clause 5.In all other cases, your refund will be made within 14 days of your telling us you have changed your mind, subject to the following
When you return Goods to us:
which are outside the terms of Clause 5 and are returned in-store, via the Website or otherwise and are incorrectly supplied, provided the Goods are returned as new in their original packaging, these items shall be refunded, exchanged or replaced if they are returned within 14 days of date of purchase of the Goods and proof of purchase is supplied; and for any other reason (outside the terms of Clause 5), we will examine the returned Goods and will either notify you in-store (if the Goods were bought from one of our branches and returned to our branch only), in writing or via e-mail within a reasonable time of the refund (if any at all) to which you are entitled. We will usually process the refund due to you as soon as possible thereafter. For any entitlement of a refund to be due to you, the returned Goods must be in the same condition in which you received them with the original packaging and the product documentation. The Goods must not have been used (such as any smell of without limitation fuel, toxins or rubber shall invalidate any refund due to you) and, where applicable, must not have been removed from the sealed clear packaging. This includes electrical items, which are supplied in sealed clear packaging. Goods returned to us because they fail to comply with the Warranty will be refunded in accordance with the provisions of the Warranty ConditionsWe will pay the costs of return:
if the Goods are faulty or mis-described [as per clause 15];if you are ending the Contract because we have told you of an upcoming change to the Goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; oron occasions, in accordance with Clause 5.”Special Order” means any Goods that are not held in stock by us (a non-stock item) and are therefore ordered and/or manufactured specifically as per your request. Payment in full is required for such Special Orders at the time the Special Order is placed with us. Special Orders that are manufactured specifically as per your request are non-refundable except at our sole discretion or if the Contract is cancelled as per the terms of Clause 5. In such instance we reserves the right to apply a restocking fee of 25% of the price of the Special Order, which shall be deducted from any refund due to you.We will normally refund any money received from you using the same method originally used by you to pay for your purchase
Exchange Unit Surcharge
Where service exchange units are purchased, you will be invoiced with a sum referred to as a “surcharge” which is in respect of the old unit that you may return to us. If the old unit is returned within 7 days from the delivery date a credit note will be issued by us in respect of the “surcharge” provided that the old unit is identical to the unit purchased and in a condition in our sole discretion that enables it to be re-manufactured.
We will perform the Services with reasonable care and skill.If we fail to perform the Services in accordance with clause 18.1 or at all, then your sole remedy will be for the re-performance of those Services by us.Any timescales given by us to you in respect of the performance of the Services are approximate only.
Limitation Of Liability
Subject to the provisions of these terms, the following provisions set out the entire financial liability of us (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of: any breach of these terms; andany representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979 (as amended)) are, to the fullest extent permitted by law, excluded from the Contract.Nothing in these terms excludes or limits our liability: for death or personal injury caused by our negligence;under section 2(3) of the Consumer Protection Act 1987;for fraud or for fraudulent misrepresentation; orfor any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.Subject to clause 21.3, we will not be liable to you for: any indirect or consequential, special or punitive loss, damage, costs or expenses;loss of profit;loss of business;loss of income or revenue;loss or corruption of or damage to data;waste of management or office time; ordepletion of goodwill.Subject to clause 21.3, our total liability to you under or connected with these terms will not exceed 125% (one hundred and twenty five per cent) of the price payable for the Goods and/or Services for any one event or series of connected events.
Goods must be ordered before 2:30pm for this service. Packages will be dispatched on the same day as the order is placed, subject to stock levels and cleared payment. Packages are sent either by Royal Mail Special Delivery or by Courier and will require a signature on delivery. Although the vast majority of Next Working Day deliveries will arrive the next working day, please note that this service is not guaranteed and parcels are only dispatched and delivered Monday to Friday and not on Saturdays.
Next Working Day service
Goods must be ordered before 2:30pm for this service. Packages will be dispatched on the same day as the order is placed, subject to stock levels and cleared payment. Packages are sent either by Royal Mail Special Delivery or by Courier (Interlink) and will require a signature on delivery. Although the vast majority of Next Working Day deliveries will arrive the next working day, please note that this service is not guaranteed and parcels are only dispatched and delivered Monday to Friday and not on Saturdays.