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Mail Order Terms & Conditions
Fowlers of Bristol Limited. 2-12 Bath Road, Bristol BS4 3DR
Consumer Transactions
Nothing herein contained is intended to affect, nor will it affect, a Consumer’s statutory rights under The Consumer Rights Act 2015 or any amendments thereof or statutory additions thereto.
In these Terms and Conditions:
Contract Shall mean the contract between the Company and the Customer
Company Shall mean Fowlers of Bristol Ltd or any subsidiary or associated company thereof
Customer Shall mean the person, firm or company identified in or by means of the Contract as ordering parts, accessories or other goods
1. Formation of Contract
All orders will be taken and all goods supplied by the Company subject to these terms and conditions and, subject to the statement on Consumer Transactions above, no other terms, conditions or warranties are to be implied into the Contract unless expressly accepted in writing by an authorised representative of the Company
2. Quotations and Estimates
The Company shall only be bound by prices quoted in writing and for a specified time. Any prices exhibited on the Company’s premises constitute an Invitation To Treat only.
Where the Company provides a quotation to a Customer, that quotation shall be available for acceptance by the Customer for a maximum period of fourteen days, unless otherwise expressly agreed in writing by an authorised representative of the Company. The Company may by written or oral notice withdraw any quotation at any time prior to the Customer’s acceptance.
If between the date of contract and the date or dates of collection or delivery there are variations in the costs of manufacturers prices, transport, taxes or other costs or charges, then the contract price may be varied at the Company’s discretion. That is to say that, unless the Company’s quotation specifically provides for a fixed price contract, the prices ruling shall be those at the date of collection, despatch or delivery.
Where the Company provides the Customer with an estimate for any parts, accessories or other goods, such estimate shall be provisional only and will be subject to variation in the price of such ordered items.
3. VAT
Unless otherwise stated, all prices are inclusive of VAT, however, the Company shall be entitled to vary any price to reflect any increase in the rate of VAT.
4. Payment
Unless otherwise agreed in writing, the Customer must pay for all parts, accessories or other goods in full on order or, at the sole discretion of the Company, at or before delivery. Unless a cheque is supported by a banker’s card the Company may refuse to release the ordered goods until the cheque has been cleared.
No disputes arising under the Contract, nor delays beyond the reasonable control of the Company, shall interfere with prompt payment in full by the Customer.
The Company, without prejudice to any other rights, reserves the right to charge interest on overdue accounts at the rate of 2.5% above the minimum lending rate of the Company’s bankers applicable from time to time.
5. Deposit
Notwithstanding the provisions of clause 4., above mentioned, the Company reserves the right to require the Customer to pay a deposit on the ordering of parts, accessories or other goods, such deposit to be determined by the Company at the time of order or contract.
If the Customer shall fail to pay for the parts, accessories or other goods ordered in accordance with the provisions of the said clause 4., above mentioned, the Company shall be entitled to treat the Contract as repudiated by the Customer. In this event the Company may retain any deposit or part thereof without prejudice to the Company’s rights to recover from the Customer by way of damages any loss or expense which the Company may suffer or incur by reason of the Customer’s default and the Company shall be entitled to dispose of any parts or accessories as they shall think fit and shall not be under any liability to account to the Customer for the price received for such goods or for the said deposit.
6. Cancellation
Where the Customer is acting as a Consumer, if this Agreement has been conducted without any face to face contact between FOWLERS OF BRISTOL LTD and the Customer, or anyone acting on each party’s respective behalf, the Customer has the right to cancel this Agreement without giving any reason. The cancellation period will expire 14 days from the day on which the Customer first instructs us to carry out the service and no service can be performed within this period unless the Customer expressly requests we do so.
To exercise the right to cancel, the Customer must inform the company of their decision to cancel this Agreement in writing by clear statement (e.g. a letter sent by post, fax or email). The Customer may use the model cancellation form provided.
If the Customer requests any service to be provided during the 14 day period then they will lose the right to cancel this Agreement. The Customer shall pay the Company an amount which is in proportion to that service performed until they communicated their cancellation of the Agreement.
If the Customer cancels this Agreement, the Company will reimburse to the Customer all payments received from the Customer under this Agreement, without undue delay, and not later than:-
14 days after the date on which the Company receives any Goods back; or
(if earlier) 14 days after the day you provide evidence that the Customer has returned any Goods; or
if there were no Goods supplied, 14 days after the day on which the Company are informed about the Customer’s decision to cancel this Agreement.
The Company will make the reimbursement using the same means of payment as the Customer has used for the initial transaction, unless the Customer has expressly agreed otherwise, but in any event the Customer will not incur any fees as a result of the reimbursement.
The Company may withhold reimbursement until the Company has received any Goods back or the Customer has sent evidence of having sent back any Goods to the Company, whichever is the earliest. The Customer should send back any Goods or deliver them back to the Company at the address shown overleaf, without undue delay and in any event not later than 14 days after the day on which the Customer communicates cancellation of this Agreement to the Company.
This deadline is met if the Customer sends back any Goods before the period of 14 days has expired. The Company will require that the Customer bears the cost of returning any Goods to the Company.
7. Returned Items
If the Customer wishes to return any parts, accessories or other goods to the Company, a returns reference number must first be obtained from the Company and the items returned in accordance with the requirements of the Company. Any items returned to the Company without such a returns reference or otherwise contrary to the Company’s requirements will be re-despatched to the Customer at the Customer’s cost.
With respect to the provisions of this clause, the Company will take no action nor will it provide the Customer with a credit until the item or items are back with the Company and have been subject to an examination. Such an examination will include inspection of the original packaging and Customer’s invoice.
8. Stock items
Any parts, accessories or other goods which are stock items and which have been correctly supplied to the Customer in accordance with the provisions of the Contract but which are then returned by the Customer for credit (where the Company allows this), will be subject to a minimum 15% restocking charge. All such returns must be made to the Company within 7 working days of delivery to the Customer and must be returned in an undamaged condition and fit for resale, including the packaging. The Company reserves the right to reject any returns considered unsuitable for resale for whatever reason.
9. Special order items
Orders for parts, accessories or other goods which are not general stock items and which are subject to special order provisions are only accepted by the Company on the basis that such orders cannot be cancelled by the Customer nor the goods returned to the Company and that credit cannot be issued for any E.S.O. items for Honda, Yamaha, Suzuki or Kawasaki parts, components or accessories, nor for any goods ordered under the Honda daily ordering system.
Subject to the provisions of this clause, the Company may, exercising its sole discretion, allow the return for credit of certain special order items. In this case such returns will be subject to a minimum 25% restocking charge.
N.B. Electrical goods are non-returnable unless the manufacturer is able to test the goods
10. Changes required by the customer
Any and all loss or expense occasioned to the Company as a result of changes required by the Customer to any order accepted by the Company, shall be fully reimbursed by the Customer to the Company.
11. Delivery and carriage
Delivery commitments are entered into in good faith, but the Company shall not be liable for failure to deliver on any specified date nor shall such failure be deemed to be a breach of contract or any part of these terms and conditions.
Where the Contract requires delivery by instalments, each instalment shall be regarded as a separate contract and any defects in any instalment or failure to deliver any instalment shall not give the Customer the right to cancel the balance of deliveries due under this or any other contract between the parties.
All orders will be despatched in accordance with the Company’s current carriage policy. Where possible, the Company will endeavour to meet special delivery requirements subject to any and all additional costs of the same being borne by the Customer.
12. Failure to take delivery
If the Customer fails to accept delivery of any goods ordered in accordance with the provisions of the Contract, the Company shall not be bound to tender or re-tender the goods, but the Company shall have the right:
To invoice such goods including the cost of non-acceptance for immediate payment.
To sell the goods elsewhere and recover any difference in price including the costs of non-acceptance from the Customer.
To make a reasonable storage charge for goods remaining on the Company’s premises longer than one month.
13. Passing of risks
Subject to the provisions of these conditions, all risks shall pass to the Customer on delivery to or in accordance with the Customer’s instructions or, in the case of carriage, to the carrier. It shall be the responsibility of the Customer to arrange adequate insurance against all relevant risks.
The Customer shall have a reasonable time from delivery of the goods to effect inspection and examination after which time the goods shall be deemed to be satisfactory and shall be deemed accepted by the Customer.
14. Passing of title in goods
Title in all parts, accessories or other goods shall at all times remain vested in the Company until all monies due in respect of such parts, accessories or other goods have been paid in full and until any cheque tendered in payment has been honoured upon presentation. Until such time as such payment has been received by the Company, the Customer shall hold the parts, accessories or other goods as bailee, store them in such a way that they can be identified as the property of the Company and keep them separate from the Customer’s own property and the property of any other person
Although all goods remain the property of the Company until paid for, they shall be at the Customer’s risk from time of delivery or collection and the Customer shall hold the proceeds of any insurance against loss or damage on behalf of the Company as trustee for the Company.
The Customer’s right to possession of the goods shall cease if:
upon presentation to a bank of any cheque tendered in respect of payment for goods it is returned dishonoured; or
the Customer has not paid for the goods in full by the expiry of any credit period allowed by the Company; or
the Customer is declared bankrupt or makes any proposal to his creditors for a composition or other voluntary arrangement; or
a receiver, liquidator or administrator is appointed in respect of the Customer’s business
On cessation of the Customer’s right to possession of the goods pursuant to this clause the Customer shall at his own expense make the goods available to the Company and allow the Company to repossess them.
Further, the Customer hereby grants the Company its agents and employees an irrevocable licence (such licence to subsist notwithstanding termination of contract for any reason) to enter any premises where the goods are stored in order to repossess them or inspect them at anytime.
15. Delays & Force Majeure
In the case of ordered parts, accessories or other goods the Company will use its best endeavours to ensure availability of the same by the date and time requested. However, the Company can offer no guarantee with respect to the provisions of this clause and cannot accept responsibility for delay resulting from the non or late availability of parts, spares, accessories or other reasons beyond its control.
In the event of the performance of any obligation accepted by the Company being prevented, delayed or in any way interfered with by any direction of government or other competent authority, industrial dispute, strike, breakdown of plant or machinery, accident, fire or by any other cause beyond the Company’s reasonable control the Company may, at its sole option, suspend performance or cancel its obligation under the Contract without damage or consequential loss arising.
16. Warranty
Any parts, spares, accessories or other goods supplied by the Company will be entitled to the benefit of any warranty given by the manufacturers of any such items. This will not affect the Customer’s statutory rights.
17. Defective Goods
Subject to clause 16, above mentioned, and always subject to the provisions of any such warranty provided by the manufacturer, if it is proved to the Company’s satisfaction that any parts, accessories or other goods as supplied, are defective, the Company may be prepared to rectify or replace at its option such defective goods. In the event that such rectification or replacement is not practicable the Company may give credit to an amount not exceeding the invoice price. In no circumstances whatsoever will the Company be liable for any further or consequential loss.
18. Notices
Any notice given hereunder may be served personally or be left at the last known residence or place of business of the Customer, or may be sent by first class post, in which case notice shall be deemed to have been received by the Customer on the first working day after posting.
19. Severability
In the event of any provision of these terms and conditions being or becoming void in whole or in part the other provisions of these terms and conditions shall remain fully valid and enforceable and void provisions shall, where appropriate, be replaced in accordance with the meaning and purpose of these terms and conditions.
20. Dispute resolution
All complaints should be addressed to:
FOWLERS OF BRISTOL LTD
2-12 BATH ROAD
BRISTOL
BS4 3DR
Where the Customer’s complaint cannot be resolved, once the Customer has
exhausted the Company’s internal process the Customer may refer the dispute to the
following ADR entity,
The National Conciliation Service
2-3 Allerton Road
Rugby
CV23 0PA
For details of this service the Customer can contact them on 01788 538317 or http://www.nationalconciliationservice.co.uk/
Where any dispute cannot be resolved through ADR, the Contract shall be governed and interpreted exclusively according to English Law and shall be subject to the exclusive jurisdiction of the English Courts.
21. Errors and Omissions Excepted
Every care is taken to ensure that all information given is present and correct, although errors may exist. If you find an error or omission, please let us know, and it will be corrected as soon as possible after verification. If errors and / or omissions are present, it is not possible to offer the exact described product at the specified price, so we apologise for any inconvenience this may cause. It is advisable to check both specification and pricing before quoting, ordering or using information provided.
Terms & Conditions the Supply and Purchase of Motor Vehicles
(Nothing in this document shall restrict the statutory rights of a consumer)
Fowlers of Bristol Limited. 2-12 Bath Road, Bristol BS4 3DR
In these terms and Conditions:
Contract: shall mean the contract, as evidenced by a signed Order or Order Form, between Fowlers of Bristol Ltd and the Customer.
Customer: shall mean the person, firm or company identified in or by means of the Contract as purchasing Goods or Services and references to the singular shall include the plural (and vice versa) and where applicable references to the male, female or neuter gender shall include reference to all other such genders where the context so requires.
1. CONTRACT
The order for sale of a motor vehicle by us, Fowlers of Bristol Ltd (“Fowlers”), at the agreed price (“the Total Retail Price”) and any allowance in respect of a used motor vehicle offered by you (“the Customer”) incorporates the following clauses and only becomes binding after being accepted by Fowlers.
The order (except where varied by an agreement between the parties which is recorded in writing and signed by an authorised representative of Fowlers) shall constitute the entire contract between the parties.
2. DELIVERY
Fowlers will use its best endeavours to secure a delivery date or dates, but shall be under no liability whatsoever for loss occasioned by delay in delivery arising out of any cause beyond the control of Fowlers.
The Goods as described on the face of the order form (“the Goods”) may be delivered by Fowlers or its agent in advance of the estimated delivery date upon giving 7 days prior notice to the Customer.
If the Goods are not delivered within 42 calendar days of the estimated delivery date (if any) the Customer or Fowlers may elect by notice in writing to the other party to cancel this contract. Upon such cancellation the Customer’s deposit shall be returned and Fowlers shall be under no further liability to the Customer. In the event that no estimated delivery date is given, Fowlers will deliver the Goods within 1 month of the Goods being made available to it.
Delivery shall be deemed to have been made on the date that the Goods are made available for collection by the Customer and Fowlers has given notice to the Customer that the Goods are ready for collection. The Goods will be physically delivered by Fowlers to the Customer only where agreed by Fowlers and at the Customer’s cost.
Fowlers may at any time cancel the contract if the manufacturer ceases to make the Goods or if the manufacturer ceases to supply the Goods to the UK market. If Fowlers is unable to supply any option or accessory, whether factory fitted or otherwise, Fowlers may at its discretion either substitute a reasonable equivalent or delete the option or accessory from the contract. If any accessory is deleted the purchase price shall be adjusted by the price thereof. The inability of Fowlers to supply an option or accessory shall not constitute a breach of contract or entitle the Customer to reject the Goods.
3. PRICE AND PAYMENT
The Customer shall not be permitted to collect and take away the Goods until the Total Retail Price of the Goods as stated on the order form has been discharged in full (without set-off or counterclaim) unless this condition has been expressly excluded in writing by an authorised representative of Fowlers. Time of payment shall be of the essence.
Accepted methods of payment are Cash, BACS, CHAPS, fast electronic transfer and most debit cards.
If the Total Retail Price or any part of the price for the Goods is to be paid by cash (the maximum amount of a cash payment that is permissible being £9,000 or 15,000 euro’s in value and receipts to be signed by two Fowlers staff) such payment or part payment may be made on the day of collection.
4. FAILURE TO COLLECT GOODS
If the Customer shall fail to collect and/or pay for the Goods within 14 days of delivery (as provided for in clause 2(d)) then Fowlers may at its option either store the Goods at the Customer’s cost or, upon giving the Customer 7 days notice of its intention to do so, elect to treat the contract as repudiated by the Customer and thereupon any sums paid by the Customer shall be returned less a sum equivalent to a reasonable administration fee, any damages, loss or expenses which Fowlers may have suffered or incurred by reason of the Customer’s default (including as a result of selling such vehicle at a lower value) and/or storage costs and Fowlers shall be under no further liability to the Customer. Fowlers may, at its option following such repudiation elect to return any part-exchange vehicle or to retain it at any agreed trade-in price (in which case the agreed trade-in price shall be treated as part of the sums paid for the purpose of this clause).
5. PART EXCHANGE
In the event that Fowlers agrees to accept a used motor vehicle from the Customer as partial payment of the Total Retail Price (“Allowance”) such agreement shall be subject to any declarations made on the face of the order or purchase invoice and the following conditions:
the Customer warrants that:
the Customer has good title to the used motor vehicle;
it is unencumbered by any third party interest whatsoever; or
the Customer has declared all encumbrances or interests to which the used motor vehicle is subject;
the particulars of the used motor vehicle given by the Customer are correct and that so far as the Customer is aware the odometer reading is accurate;
other than as declared by the Customer and so far as the Customer is aware the used motor vehicle has not been the subject of any accident or any other damage of whatsoever nature and howsoever caused or any insurance claims or total loss claims;
other than as declared by the Customer the used motor vehicle was first supplied by the manufacturer’s official distributor for the UK;
other than as declared by the Customer the date of first registration on the registration documents is the date on which the used motor vehicle was new and first used;
other than as declared by the Customer the used motor vehicle has not had any performance upgrades, non manufacturer approved accessories or alterations contrary to the manufacturer's specifications;
the used motor vehicle is type approved.
if any encumbrances or interests are capable of cash settlement Fowlers may elect to discharge such interests and deduct expenditure from the exchange value offered;
the used motor vehicle will be delivered in the same condition as at the date it was examined by Fowlers (fair wear and tear excepted);
(d) the used motor vehicle shall be delivered to Fowlers upon collection of the Goods together with all spare key sets, spare alarm remotes, registration documents, service documentation, MOT certificate, service invoices, warranty documentation and all other appropriate documentation and with the registration book completed and for the avoidance of doubt the Customer shall not be permitted to collect the Goods until the used motor vehicle shall have been delivered to Fowlers;
title to the used motor vehicle shall pass absolutely on delivery to Fowlers;
the exchange value quoted by Fowlers shall be binding on Fowlers for one calendar month from the date of the order, unless a different period is stipulated in the order. If the exchange value is no longer binding on Fowlers when the Goods are ready for delivery, Fowlers will give a current figure for the value of such part-exchange, at which point the Customer will have the option to accept the revised part-exchange value or not to part-exchange such used motor vehicle, provided always that the Customer shall still be obliged to purchase the Goods;
in the event that any of the warranties in clause 5(a) prove to be untrue or there is a breach of clause 5(c), Fowlers shall be entitled to revise the Allowance to take account of such breach and where there is a reduction in the Allowance the Customer shall be liable to pay the difference between the original and reduced Allowances to ensure payment of the Total Retail Price of the Goods in accordance with clause 3 of these terms and conditions.
6. CHERISHED NUMBER PLATE
Where the Goods have a personalised or cherished number plate, unless stated on the face of the order, the Customer shall not be entitled to assume that such number plate is available with the Goods and the Customer will provide all reasonable assistance to Fowlers to facilitate transfer of the registration.
7. NEW GOODS/USED GOODS
Where the Goods to be supplied by Fowlers are new, then the following additional conditions shall apply:
the Customer shall be bound to pay any amount of car tax and value added tax or other tax or duty that Fowlers has legally become bound to pay, notwithstanding any amount specified on the order form;
if before delivery of the Goods the manufacturer/concessionaires recommended retail price for the Goods shall be increased Fowlers may give notice (“Notice”) of its intention to pass on to the Customer such increase, upon receipt of such Notice the Customer shall be entitled by notice in writing to Fowlers to cancel the contract within 21 days of the date of the Notice. Upon such cancellation any deposit paid by the Customer shall be returned and Fowlers shall be under no further liability to the Customer. If no notice is received by Fowlers from the Customer within the stated period then the Customer shall be bound to purchase the Goods at the increased price;
in the event that the manufacturer is unable to accept the order for the Goods then Fowlers may, by notice in writing to the Customer cancel the contract. Upon such cancellation any deposit paid by the Customer shall be returned and Fowlers shall be under no further liability to the Customer.
In the event that the Goods were not originally supplied via the manufacturer’s official distributor for the United Kingdom the Customer accepts that the specification may vary from the British specification.
8. WARRANTY
Fowlers shall use all reasonable endeavours to pass the benefit of any manufacturer’s warranty on to the Customer. In the case of a new vehicle, the Goods shall be warranted by the manufacturer to be free from defects in materials and workmanship on manufacture and Fowlers shall repair any faults which arise in accordance with such warranty for at least one year from the date of first registration with no mileage limitation. In the event of a used motor vehicle being purchased where the original manufacturers warranty has expired Fowlers shall repair any faults which arise for 1 month or 1,000 miles, after purchase which ever is the minimum. Any parts which require replacement during the period of the manufacturer's warranty as a result of wear and tear (for example but without limitation, the brake pads) are excluded from the warranty. The manufacturer's warranty is not affected by any change of ownership of the Goods. Remedial work under such warranty may be carried out by any dealer approved by the relevant manufacturer (“a Dealer”) at whose sole option any defective parts will be repaired or replaced. Any part replaced under the manufacturer's warranty is warranted to be free from defects in parts and materials until expiry of the original vehicle warranty. The manufacturer's warranty does not apply if and to the extent that the defect is caused or worsened by one of the following circumstances:
after discovering the defect the Customer has failed either to inform Fowlers or to have the defect examined by a Dealer without reasonable delay;
has failed to give a Dealer the option to repair the Goods without reasonable delay;
the Goods or any part thereof have been subject to misuse, negligence, or accident or use for racing or similar sports;
if the Goods have been repaired or maintained and that repair or maintenance has not been carried out by or through a Dealer and/or otherwise in accordance with the manufacturer’s recommendations;
parts, components or accessories have been installed into the Goods the use of which have not been approved by the manufacturer or if the Goods have been altered or modified in a manner not approved by the manufacturer.
instructions concerning the treatment, maintenance and care of the Goods have not been adhered to.
In the case of the Goods being a second-hand vehicle, Fowlers shall transfer to the Customer the unexpired portion of the manufacturer’s warranty (if any) together with any used vehicle warranty made available with respect to the Goods as stated on the front of the order. The Customer acknowledges that in the case of the Goods being a second-hand vehicle the Goods will be sold:
subject to such wear and tear as is reasonable for a vehicle of its age, type, usage and mileage; and
subject to paintwork and/or bodywork repairs that may have been carried out to it.
9. EXAMINATION OF GOODS AND RELIANCE
Prior to signing the order form the Customer shall examine the Goods to be purchased (if such are available for inspection) and the Customer is reminded that the condition of satisfactory quality implied by legislation does not operate in relation to such defects which such an examination ought to reveal. If the Goods are sold subject to defects which have been notified by Fowlers to the Customer before the signing of the order, the condition of satisfactory quality referred to above does not operate in relation to those defects.
The Customer confirms that it has satisfied itself as to the suitability of the Goods for its requirements and has not relied upon Fowlers skill or knowledge regarding the Goods' fitness for any particular purpose or use.
10. CLAIMS
Without prejudice to the terms of the manufacturer’s warranty, where any valid claim in respect of the Goods which is based on any defect in the quality or condition of the Goods based on materials or workmanship or their failure to meet the specification is notified to Fowlers, Fowlers shall be entitled at its sole discretion either to replace or repair the Goods (or the part in question) free of charge or to refund to the Customer the price of the Goods (or a proportion part of the price), but Fowlers shall have no further liability to the Customer. Fowlers will not be liable where any defect results from or is worsened by one of the following circumstances:-
after discovering the defect the Customer has failed either to inform Fowlers or to have the defect examined by a Dealer or other appropriate expert without unreasonable delay;
has failed to give Fowlers the option to repair the Goods without unreasonable delay;
the Goods or any part thereof have been subject to misuse, negligence, or accident or use for racing or similar sports;
the Goods have been repaired or maintained and that repair or maintenance has not been carried out by or through a Dealer and/or otherwise in accordance to the manufacturer’s recommendations;
parts, components or accessories have been installed into the Goods the use of which have not been approved by the manufacturer or if the vehicle has been altered or modified in a manner not approved by the manufacturer;
instructions concerning the treatment, maintenance and care of the Goods have not been adhered to;
wear and tea
11. CONSUMER TRANSACTIONS
Where the Goods are sold under a consumer transaction as defined by the Consumer Transactions (restriction on statements) Order 1976 the statutory rights of the Customer are not affected by any of these terms and conditions.
12. SALE TO INTERMEDIARIES OR THIRD PARTIES
The Customer confirms that it is not purchasing the Goods as an intermediary or reseller unless specifically agreed by Fowlers to the contrary. Fowlers may, at its discretion refuse to change the Customer’s details or identity on the order or register the Goods to anybody other than the Customer.
13. FINANCE
Notwithstanding the provisions of this contract the Customer may, within 7 days of receipt of notification that the Goods are ready for delivery arrange for a finance company to purchase the Goods from Fowlers at the price payable as stated on the order form. Fowlers shall not release the Goods until the Total Retail Price has been discharged in full, including receipt of cleared funds from the said finance company.
Fowlers of Bristol Limited is an appointed representative of ITC Compliance Limited which is authorised and regulated by the Financial Conduct Authority (their registration number is 313486). Permitted activities include advising on and arranging general insurance contracts and acting as a credit broker not a lender.
We can introduce you to a limited number of finance providers. We do not charge fees for our Consumer Credit services. We typically receive a payment(s) or other benefits from finance providers should you decide to enter into an agreement with them, typically either a fixed fee or a fixed percentage of the amount you borrow. The payment we receive may vary between finance providers and product types. The payment received does not impact the finance rate offered.
All finance applications are subject to status, terms and conditions apply, UK residents only, 18’s or over, Guarantees may be required.
Fowlers of Bristol Limited, Company Registration Number 00711079, VAT Number, GB 974 8616 67
14. NOTICES
Any notice that is given hereunder may be given in writing, by electronic mail or communicated verbally. Notices in writing shall be posted or faxed to the residence or place of business of the person to whom it is addressed and shall be deemed to have been received, in the case of facsimile or electronic mail on the day of transmission and in the case of notice given by post, within two days of posting.
15. WAIVER
Any waiver by Fowlers or the Customer of any breach of contract by the other shall be in writing and shall not be construed as a waiver of any subsequent breach of the same or of any other provision. Without prejudice to the generality of the foregoing, failure by either party to enforce at any time or for any period any one or more of these terms and conditions shall not be a waiver of them or of the right at any time subsequently to enforce all of them.
16. INVALIDITY OF THESE TERMS
If any provisions of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the remaining provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby. As far as it is possible to do so any clause that is in whole or in part invalid or unenforceable shall be interpreted with the minimum possible amendment so that the clause or part thereof shall be construed in such a way as to give effect as far as possible to the previously expressed intent of the said clause.
17. APPLICABLE LAW
This contract shall be governed by the Laws of England and Wales and the parties shall submit to the jurisdiction of the English Courts.
18. THIRD PARTY RIGHTS
No person who is not a party to the contract may in its own right enforce any terms of the contract provided that this clause shall not affect any right of action of any person to whom this contract is lawfully assigned.
19. RETENTION OF TITLE
Notwithstanding delivery, collection and/or the passing of risk in the Goods, or any other provision of these terms and conditions, the title in the Goods shall not pass to the Customer until the Total Retail Price has been discharged in full and, in the case of a payment by cheque, the cheque has been cleared.
Until such time as the title in the Goods passes, the Customer shall keep the Goods properly stored, protected and insured and identified as Fowlers property.
Until such time as the title in the Goods passes to the Customer, Fowlers shall be entitled at any time to require the Customer to deliver up the Goods to Fowlers and if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods.
The Customer shall not be entitled to sell, pledge or in any way charge by way of security for any indebtedness any Goods which remain the property of Fowlers, but if the Customer does so all monies owing by the Customer to Fowlers shall (without prejudice to any other right or remedy of Fowlers) forthwith, become due and payable.
20. NEW GOODS
Where the Goods to be supplied by Fowlers are new, then this contract and the provisions for delivery of the Goods shall be subject to any terms and conditions which the manufacturer/concessionaire may lawfully have imposed on the supply of the Goods or the resale of the Goods by Fowlers. Fowlers shall not be liable for any failure or delay in delivering the Goods caused by or resulting from Fowlers compliance with the manufacturers/concessionaires terms and conditions. A copy of the current terms and conditions of the manufacturer/concessionaire is available for inspection at Fowlers premises.
21. CANCELLATION
Except as provided by law, or under clauses 2(c), 7(a)(iii) or 22 of these terms and conditions, no order which has been accepted by Fowlers may be cancelled by the Customer except with the agreement in writing of Fowlers and on terms that the Customer’s deposit shall be forfeit and further that the Customer shall indemnify Fowlers in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Fowlers as a result of cancellation.
22. DISTANCE SELLING
Where the Customer is acting as a Consumer, if this Agreement has been conducted without any face to face contact between FOWLERS OF BRISTOL LTD and the Customer, or anyone acting on each party’s respective behalf, the Customer has the right to cancel this Agreement without giving any reason. The cancellation period will expire 14 days from the day on which the Customer takes delivery of the vehicle.
To exercise the right to cancel, the Customer must inform the company of their decision to cancel this Agreement in writing by clear statement (e.g. a letter sent by post, fax or email).
The Customer shall pay the Company an amount which is in proportion to that service performed until they communicated their cancellation of the Agreement.
If the Customer cancels this Agreement, the Company will reimburse to the Customer all payments received from the Customer under this Agreement, without undue delay, and not later than:-
14 days after the date on which the Company receives any Goods back;
or (if earlier) 14 days after the day you provide evidence that the Customer has returned any Goods; or if there were no Goods supplied, 14 days after the day on which the Company are informed about the Customer’s decision to cancel this Agreement.
The Company will make the reimbursement using the same means of payment as the Customer has used for the initial transaction, unless the Customer has expressly agreed otherwise, but in any event the Customer will not incur any fees as a result of the reimbursement.
The Company may withhold reimbursement until the Company has received any Goods back or the Customer has sent evidence of having sent back any Goods to the Company, whichever is the earliest. The Customer should send back any Goods or deliver them back to the Company at the address shown overleaf, without undue delay and in any event not later than 14 days after the day on which the Customer communicates cancellation of this Agreement to the Company.
This deadline is met if the Customer sends back any Goods before the period of 14 days has expired. The Company will require that the Customer bears the cost of returning any Goods to the Company.
23. DEFECTIVE GOODS
Without prejudice to clause 8 above any claim by the Customer which is based on any defect in the quality or condition of the Goods on delivery or their failure to correspond with specification shall (whether or not delivery is refused by the Customer) be notified to Fowlers within 14 days from the date of collection of the Goods or the date of refusal of delivery as the case may be or (where the defect or failure is not apparent upon reasonable inspection) within a reasonable time after the discovery of the defect or failure. If delivery is not refused, and the Customer does not notify Fowlers as above the Customer shall be deemed to have accepted the Goods.
24. LIABILITY
Except in respect of death or personal injury caused by Fowlers negligence, or any loss caused by the fraud of Fowlers, Fowlers shall not be liable to the Customer by reason of any representation, or any implied warranty, condition or other terms, or any duty at common law, or under the express terms of this contract, for any:
loss or damage incurred by the Customer as a result of third party claims;
loss of actual or anticipated profits;
loss of business opportunity;
loss of anticipated savings;
loss of goodwill;
injury to reputation;
any indirect, special or consequential loss or damage howsoever caused even if Fowlers was advised of the possibility of them in advance; or
any direct or indirect loss or disappointment caused by the cancellation of the contract. which arise out of or in connection with the supply of the Goods or their resale by the Customer, except as expressly provided in these terms and conditions. Nothing in this clause shall operate to restrict or exclude Fowlers liability or limit the Customer’s rights in any way that cannot be restricted, excluded or limited by law.
25. FORCE MAJEURE
Fowlers shall not be liable to the Customer or be deemed to be in breach of the contract for reason of any delay in performing or any failure to perform, any of Fowlers obligations in respect of the Goods, if the delay or failure was due to any cause beyond Fowlers reasonable control including (without limitation) any failure to deliver the Goods occasioned by strikes, inclement weather, civil unrest, an inability to obtain the Goods from the importer or from the manufacturer.
26. TERMINATION/SUSPENSION
This clause applies if:
the Customer (being a company) makes any voluntary arrangement with its creditors or becomes subject to an administration order or has an administrative receiver appointed or goes into insolvent liquidation or (being a partnership) becomes wound-up or a receiver is appointed or enters into an individual voluntary arrangement; or
the Customer (being an individual) enters into an arrangement, compromise or composition in satisfaction of debts with his creditors or a bankruptcy, or;
an encumbrancer takes possession of any of the property or assets of the Customer;
Fowlers reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer accordingly, or;
Fowlers has reasonable cause to believe that the Customer will be unable to meets its financial obligations in respect of this agreement, or. (vi) Fowlers becomes aware that the Customer is in breach of clause 12, or;
the Customer is in material breach of any obligations under the contract.
If this clause applies, without prejudice to any other right or remedy available to Fowlers, Fowlers shall be entitled to cancel this contract or suspend delivery under this contract and forfeit any deposit paid by the Customer without any liability to the Customer, and if the Goods shall have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
27. AUTHORITY
The Customer shall be deemed to be personally liable for the contract even though he shall hold himself out as acting as agent for a principal and despite him having purported to sign the order form in a representative capacity so that the liability of the agent and principal shall be joint and several. The Customer warrants that he has the authority to bind the principal to the contract as agent on its behalf.
28. DATA
Fowlers shall keep and use any data relating to the Customer in accordance with the provisions of all relevant data protection legislation and the Customer consents to such data being kept and used for appropriate purposes, including informing the Customer of any offers or other matters of interest from time to time.
29. Errors and Omissions Excepted
Every care is taken to ensure that all information on this website is present and correct, although errors may exist. If you find an error or omission, please let us know, and it will be corrected as soon as possible after verification. If errors and / or omissions are present, it is not possible to offer the exact described product at the specified price, so we apologise for any inconvenience this may cause. It is advisable to check both specification and pricing before quoting, ordering or using information provided on this website.
After Sales Departments (Service, Body Repair) Terms & Conditions
Fowlers of Bristol Limited. 2-12 Bath Road, Bristol BS4 3DR
Consumer Transactions
Nothing herein contained is intended to affect, nor will it affect, a Consumer’s statutory rights under The Consumer Rights Act 2015 or any amendments thereof or statutory additions thereto.
In these Terms and Conditions:
Contract Shall mean the contract between the Company and the Customer
Company Shall mean Fowlers of Bristol Ltd or any subsidiary or associated company thereof
Customer Shall mean the person, firm or company identified in or by means of the Contract as authorising contracted works, goods or services.
1. Formation of Contract
All works will be undertaken and all goods supplied by the Company subject to these terms and conditions and, subject to the statement on Consumer Transactions above, no other terms, conditions or warranties are to be implied into the Contract unless expressly accepted in writing by an authorised representative of the Company
2. Quotations and Estimates
The Company shall only be bound by prices quoted in writing and for a specified time.Unless specifically agreed in writing, all work is assessed on an estimate basis and time for completion of any work is not essential.
Where the Company provides the Customer with an estimate for any works to be undertaken or goods supplied, such estimate shall be provisional only and will be subject to variation in the price of parts, materials, labour or other costs and charges where any such may increase between the date of estimate and the completion of the works or the supply of the goods by the Company. Furthermore, in the case of service and repair, any estimate will also be dependent upon any further works or parts identified as being necessary by the Company. The Company reserves the right to make a charge with respect to any estimate provided to a Customer or their authorised agent.
Where the Company provides the Customer with an estimate for any works to be undertaken or goods supplied, such estimate shall be provisional only and will be subject to variation in the price of parts, materials, or other costs and charges, outside of the companies control, where any such may increase between the date of estimate and the completion of the works or the supply of the goods by the Company. Furthermore, in the case of service and repair, any estimate will also be dependent upon any further works or parts identified as being necessary by the Company.
Where the Company provides a quotation to a Customer, that quotation shall be available for acceptance by the Customer for a maximum period of fourteen days, unless otherwise expressly agreed in writing by an authorised representative of the Company. The Company may by written or oral notice withdraw any quotation at any time prior to the Customer’s acceptance.
The Company reserves the right to make a charge with respect to any estimate provided to a Customer or their authorised agent.
3. VAT
Unless otherwise stated, all prices are exclusive of VAT. The VAT charged to the Customer on completion of the service or repair will be the rate applicable at that time.
Any VAT shown on an estimate for service or repair will be the VAT rate in force at the time the estimate was prepared. The VAT charged to the Customer on completion of the service or repair will be the rate applicable at that time.
4. Payment
Unless otherwise agreed in writing, the Customer must pay for all repairs, services, parts, accessories or other goods in full at or before collection. Unless a cheque is supported by a banker’s card the Company may refuse to release the Customer’s vehicle or ordered goods until the cheque has been cleared.
No disputes arising under the Contract, nor delays beyond the reasonable control of the Company, shall interfere with prompt payment in full by the Customer.
The Company, without prejudice to any other rights, reserves the right to charge interest on overdue accounts at the rate of 2.5% above the minimum lending rate of the Company’s bankers applicable from time to time
5. Deposit
The Company reserves the right to require the Customer to pay a deposit on the ordering of goods or contracting for services, such deposit to be determined by the Company at the time of order or contract.
If the Customer shall fail to pay for the goods or services as supplied by the Company within 7 days of notification that the same are available for collection or supply, the Company shall be entitled to treat the Contract as repudiated by the Customer. In this event the Company may retain any deposit or part thereof without prejudice to the Company’s rights to recover from the Customer by way of damages any loss or expense which the Company may suffer or incur by reason of the Customer’s default and the Company shall be entitled to dispose of any parts or accessories as they shall think fit and shall not be under any liability to account to the Customer for the price received for such goods or for the said deposit.
6. Vehicle Safety
The Company reserves the right to refuse to carry out any repairs, servicing or other works on any vehicle which, in their sole opinion, they consider to be un-roadworthy or unsafe. Furthermore, the Company may refuse to carry out any works which may, in their sole opinion, render a vehicle unsafe or which may otherwise have a detrimental effect on other parts of the vehicle.
The Company reserves the absolute right to refuse to hand back to the Customer any vehicle, which it considers, in its sole opinion, to be un-roadworthy or unsafe and where it has reasonable cause to believe that such vehicle may be used on the public highway.
Where the Company is undertaking works for the Customer and identifies, in its sole opinion, a need for further essential safety related repair, the Customer will be advised accordingly. Should the Customer refuse to authorise such further repair, the Company reserves the right to arrange for the vehicle to be transported to the Customer’s home address at the Customer’s cost.
7. Collection
The Company will only release the vehicle to the Customer after repairs are completed, unless it is requested by the Customer to release the vehicle to the Customer’s agent.
8. Storage
If the vehicle is not collected, or arrangements are not made for its collection after completion of the work has been notified in writing, weekly storage charges at the rate applicable at the time of expiry of the said notice may be imposed as if the vehicle repaired had been left for storage. This provision may also apply if authority to proceed is not given within a reasonable time of an estimate having been submitted.
9. Lien
The Company reserves the right to hold a vehicle after the completion of its repairs until such time as the account is paid in full.
With respect to uncollected vehicles, the Company may exercise its rights under the Torts (Interference with Goods) Act 1977 and if the goods are not collected when the work is completed, or before any notice to this effect expires, the Company may proceed to sell the vehicle subject to any notice under the Act.
In this event, the vehicle will be sold at best market price and after deduction of the cost of repair, plus other charges and expenses incurred by the Company, the balance will be returned.
10. Sub-Contract
The Company reserves the absolute right, exercising its sole discretion, to arrange for any repair, service or other works to be undertaken by other competent parties. The Company shall not be obliged to disclose to the Customer any details of any such repair, service or other works so sub-contracted.
11. Replacement Parts
All parts replaced, other than those exchanged for replacement parts, or those subject to a warranty claim become the property of the Company unless the customer requests their return prior to the commencement of repairs. Parts to be returned to the customer will be retained for a maximum period of 7 days from the date the machine is collected, after which time they will be disposed of.
12. Paintwork
Where new paintwork is required and the metalwork is found to be rusted, all reasonable precautions will be taken to prevent such rust penetrating after completion of painting, but the Company can give no guarantee in this respect. If partial paintwork is required, every endeavour will be made to match the existing colour scheme, but no guarantee can be given of perfect colour match at this time or after.
13. Delays & Force Majeure
The Company will use its best endeavours to complete the repair, service or other works by the date and time requested by the Customer. In the case of ordered parts or accessories the Company will, likewise, use its best endeavours to ensure availability of the same by the date and time requested. However, the Company can offer no guarantee with respect to the provisions of this clause and cannot accept responsibility for delay resulting from the non or late availability of parts, spares, accessories or other reasons beyond its control.
In the event of the performance of any obligation accepted by the Company being prevented, delayed or in any way interfered with by any direction of government or other competent authority, industrial dispute, strike, breakdown of plant or machinery, accident, fire or by any other cause beyond the Company’s reasonable control the Company may, at its sole option, suspend performance or cancel its obligation under the Contract without damage or consequential loss arising.
14. Courtesy Vehicle
(The Customer is referred to the separate terms and conditions applicable to the Loan Form Agreement)
In the event that repairs or other works are being carried out to a vehicle under these terms and conditions, the Company may, at its sole discretion, provide the Customer with a courtesy vehicle. The Company shall select any courtesy vehicle that it deems suitable and subject to availability. The Customer shall be obliged to comply with the terms of the loan form agreement referred to above.
15. Liability
The Company will take reasonable care of any vehicle in its custody. This duty will not extend to items of personal property or business goods left in the vehicle. Customers should therefore ensure that all valuable items of personal property or business goods are removed from the vehicle prior to commencement of any repair or other contracted works.
Where by agreement with, or on the instructions of the Customer, the vehicle is left outside the Company’s premises, before or after normal business hours, on an unfenced part of the said premises, any risk or loss or damage however occasioned will be the Customer’s responsibility
16. Selling at a distance
Where the Customer is acting as a Consumer, if this Agreement has been conducted without any face to face contact between the Company and the Customer, or anyone acting on each party’s respective behalf, the Customer has the right to cancel this Agreement without giving any reason. The cancellation period will expire 14 days from the day on which the Customer first instructs us to carry out the service and no service can be performed within this period unless the Customer expressly requests we do so.
To exercise the right to cancel, the Customer must inform the company of their decision to cancel this Agreement in writing by clear statement (e.g. a letter sent by post, fax or email). The Customer may use the model cancellation form provided.
If the Customer requests any service to be provided during the 14 day period then they will lose the right to cancel this Agreement. The Customer shall pay the Company an amount which is in proportion to that service performed until they communicated their cancellation of the Agreement.
If the Customer cancels this Agreement, the Company will reimburse to the Customer all payments received from the Customer under this Agreement, without undue delay, and not later than:- 14 days after the date on which the Company receives any Goods back; or (if earlier) 14 days after the day you provide evidence that the Customer has returned any Goods; or if there were no Goods supplied, 14 days after the day on which the Company are informed about the Customer’s decision to cancel this Agreement.
The Company will make the reimbursement using the same means of payment as the Customer has used for the initial transaction, unless the Customer has expressly agreed otherwise, but in any event the Customer will not incur any fees as a result of the reimbursement.
The Company may withhold reimbursement until the Company has received any Goods back or the Customer has sent evidence of having sent back any Goods to the Company, whichever is the earliest. The Customer should send back any Goods or deliver them back to the Company at the address shown overleaf, without undue delay and in any event not later than 14 days after the day on which the Customer communicates cancellation of this Agreement to the Company.
This deadline is met if the Customer sends back any Goods before the period of 14 days has expired. The Company will require that the Customer bears the cost of returning any Goods to the Company.
17. Guarantee
Except where the Customer is acting as a Consumer, in so far as liability may be placed upon the Company by the Consumer Rights Act 2015 or any other statutory provision, or in respect of a vehicle subject to a manufacturer’s warranty or other written warranty, no warranty is given or implied as to the quality of Goods or Services or their fitness for any particular purpose whether known to the Company or not.
The Company will, however, without prejudice to its right hereunder, correct all faults in goods or services carried out by the Company and occurring by reason of the Company’s default or negligence and shown to be such to the Company’s satisfaction.
The Company will guarantee all repair works against failure due to faulty materials or workmanship for a period of three months or 2,000 miles, whichever first occurs, provided that the vehicle is taken back to the Company, or to a third party repairer as expressly authorised by the Company. This will not affect the Customer’s statutory rights. Any parts, spares or accessories fitted or supplied by the Company will be entitled to the benefit of any warranty given by the manufacturers of any such items.
18. Notices
Any notice given hereunder may be served personally or be left at the last known residence or place of business of the Customer, or may be sent by first class post, in which case notice shall be deemed to have been received by the Customer on the first working day after posting.
19. Severability
In the event of any provision of these terms and conditions being or becoming void in whole or in part the other provisions of these terms and conditions shall remain fully valid and enforceable and void provisions shall, where appropriate, be replaced in accordance with the meaning and purpose of these terms and conditions.
20. Dispute resolution
All complaints should be addressed to:
FOWLERS OF BRISTOL LTD
2-12 BATH ROAD
BRISTOL
BS4 3DR
Where the Customer’s complaint cannot be resolved, once the Customer has exhausted the Company’s internal process the Customer may refer the dispute to the following ADR entity,
The National Conciliation Service
2-3 Allerton Road
Rugby
CV23 0PA
For details of this service the Customer can contact them on 01788 538317 or http://www.nationalconciliationservice.co.uk/
Where any dispute cannot be resolved through ADR, the Contract shall be governed and interpreted exclusively according to English Law and shall be subject to the exclusive jurisdiction of the English Courts.
21. Errors and Omissions Excepted
Every care is taken to ensure that all information given is present and correct, although errors may exist. If you find an error or omission, please let us know, and it will be corrected as soon as possible after verification. If errors and / or omissions are present, it is not possible to offer the exact described product at the specified price, so we apologise for any inconvenience this may cause. It is advisable to check both specification and pricing before quoting, ordering or using information provided.
After Sales Departments (Parts & Accessories) Terms & Conditions
Fowlers of Bristol Limited. 2-12 Bath Road, Bristol BS4 3DR
Consumer Transactions
Nothing herein contained is intended to affect, nor will it affect, a Consumer’s statutory rights under The Consumer Rights Act 2015 or any amendments thereof or statutory additions thereto.
In these Terms and Conditions:
Contract Shall mean the contract between the Company and the Customer
Company Shall mean Fowlers of Bristol Ltd or any subsidiary or associated company thereof
Customer Shall mean the person, firm or company identified in or by means of the contract as ordering parts, accessories or other goods.
1. Formation of Contract
All orders will be taken and all goods supplied by the Company subject to these terms and conditions and, subject to the statement on Consumer Transactions above, no other terms, conditions or warranties are to be implied into the Contract unless expressly accepted in writing by an authorised representative of the Company.
2. Quotations and Estimates
The Company shall only be bound by prices quoted in writing and for a specified time. Any prices exhibited on the Company’s premises constitute an Invitation To Treat only.
Where the Company provides a quotation to a Customer, that quotation shall be available for acceptance by the Customer for a maximum period of fourteen days, unless otherwise expressly agreed in writing by an authorised representative of the Company. The Company may by written or oral notice withdraw any quotation at any time prior to the Customer’s acceptance.
If between the date of contract and the date or dates of collection or delivery there are variations in the costs of manufacturers prices, transport, taxes or other costs or charges, then the contract price may be varied at the Company’s discretion. That is to say that, unless the Company’s quotation specifically provides for a fixed price contract, the prices ruling shall be those at the date of collection or delivery.
Where the Company provides the Customer with an estimate for any parts, accessories or other goods, such estimate shall be provisional only and will be subject to variation in the price of such ordered items.
3. VAT
Unless otherwise stated, all prices are inclusive of VAT, however, the Company shall be entitled to vary any price to reflect any increase in the rate of VAT.
4. Payment
Unless otherwise agreed in writing, the Customer must pay for all parts, accessories or other goods in full at or before collection. Unless a cheque is supported by a banker’s card the Company may refuse to release the ordered goods until the cheque has been cleared.
No disputes arising under the Contract, nor delays beyond the reasonable control of the Company, shall interfere with prompt payment in full by the Customer.
The Company, without prejudice to any other rights, reserves the right to charge interest on overdue accounts at the rate of 2.5% above the minimum lending rate of the Company’s bankers applicable from time to time.
5. Deposit
The Company reserves the right to require the Customer to pay a deposit on the ordering of parts, accessories or other goods, such deposit to be determined by the Company at the time of order or contract.
If the Customer shall fail to pay for the parts, accessories or other goods ordered within 7 days of notification that the same are available for collection or supply, the Company shall be entitled to treat the Contract as repudiated by the Customer. In this event the Company may retain any deposit or part thereof without prejudice to the Company’s rights to recover from the Customer by way of damages any loss or expense which the Company may suffer or incur by reason of the Customer’s default and the Company shall be entitled to dispose of any parts or accessories as they shall think fit and shall not be under any liability to account to the Customer for the price received for such goods or for the said deposit.
6. Ordered Items
The Company can only guarantee to supply correct parts, accessories or other goods where the Customer has supplied the relevant chassis/frame number at point of order. Save as may be provided in clauses 7 & 8 hereof, the Company shall not be obliged to accept returns of any items where the same were supplied in accordance with the Customer’s order. Nor shall the Company be liable for any loss or damage consequential to the supply of any such incorrectly ordered items.
7. Stock Items
Any parts, accessories or other goods which are stock items and which have been correctly supplied to the Customer in accordance with the provisions of the Contract but which are then returned by the Customer for credit (where the Company allows this), will be subject to a minimum 15% restocking charge. All such returns must be made to the Company within 15 days of delivery to the Customer and must be returned in an undamaged condition and fit for resale, including the packaging. The Company reserves the right to reject any returns considered unsuitable for resale for whatever reason.
8. Special Order Items
Orders for parts, accessories or other goods which are not general stock items and which are subject to special order provisions are only accepted by the Company on the basis that such orders cannot be cancelled by the Customer and that credit cannot be issued for any E.S.O. items for Honda, Yamaha, Suzuki or Kawasaki parts, components or accessories, nor for any goods ordered under the Honda daily ordering system.
Subject to the provisions of this clause, the Company may allow the return for credit of certain special order items. In this case such returns will be subject to a minimum 25% restocking charge.
N.B. Electrical goods are non-returnable unless the manufacturer is able to test the goods
9. Selling at a distance
Where the Customer is acting as a Consumer, if this Agreement has been conducted without any face to face contact between the Company and the Customer, or anyone acting on each party’s respective behalf, the Customer has the right to cancel this Agreement without giving any reason. The cancellation period will expire 14 days from the day on which the Customer first instructs us to carry out the service and no service can be performed within this period unless the Customer expressly requests we do so.
To exercise the right to cancel, the Customer must inform the company of their decision to cancel this Agreement in writing by clear statement (e.g. a letter sent by post, fax or email). The Customer may use the model cancellation form provided.
If the Customer requests any service to be provided during the 14 day period then they will lose the right to cancel this Agreement. The Customer shall pay the Company an amount which is in proportion to that service performed until they communicated their cancellation of the Agreement.
If the Customer cancels this Agreement, the Company will reimburse to the Customer all payments received from the Customer under this Agreement, without undue delay, and not later than:-
14 days after the date on which the Company receives any Goods back; or
(if earlier) 14 days after the day you provide evidence that the Customer has returned any Goods; or
if there were no Goods supplied, 14 days after the day on which the Company are informed about the Customer’s decision to cancel this Agreement.
The Company will make the reimbursement using the same means of payment as the Customer has used for the initial transaction, unless the Customer has expressly agreed otherwise, but in any event the Customer will not incur any fees as a result of the reimbursement.
The Company may withhold reimbursement until the Company has received any Goods back or the Customer has sent evidence of having sent back any Goods to the Company, whichever is the earliest. The Customer should send back any Goods or deliver them back to the Company at the address shown overleaf, without undue delay and in any event not later than 14 days after the day on which the Customer communicates cancellation of this Agreement to the Company.
This deadline is met if the Customer sends back any Goods before the period of 14 days has expired. The Company will require that the Customer bears the cost of returning any Goods to the Company.
9. Uncollected Goods
If the Customer fails to collect or accept delivery of any goods ordered in accordance with the provisions of the Contract, the Company shall not be bound to tender or re-tender the goods, but the Company shall have the right:
To invoice such goods including the cost of non-acceptance for immediate payment.
To sell the goods elsewhere and recover any difference in price including the costs of non-acceptance from the Customer.
To make a reasonable storage charge for goods remaining on the Company’s premises longer than one month.
10. Passing of Risks
Subject to the provisions of these conditions, all risks shall pass to the Customer on delivery to or in accordance with the Customer’s instructions or, in the case of carriage, to the carrier. It shall be the responsibility of the Customer to arrange adequate insurance against all relevant risks.
11. Passing of Title in Goods
Title in all parts, accessories or other goods shall at all times remain vested in the Company until all monies due in respect of such parts, accessories or other goods have been paid in full and until any cheque tendered in payment has been honoured upon presentation. Until such time as such payment has been received by the Company, the Customer shall hold the parts, accessories or other goods as bailee, store them in such a way that they can be identified as the property of the Company and keep them separate from the Customer’s own property and the property of any other person
Although all goods remain the property of the Company until paid for, they shall be at the Customer’s risk from time of delivery or collection and the Customer shall hold the proceeds of any insurance against loss or damage on behalf of the Company as trustee for the Company.
The Customer’s right to possession of the goods shall cease if:
upon presentation to a bank of any cheque tendered in respect of payment for goods it is returned dishonoured; or
the Customer has not paid for the goods in full by the expiry of any credit period allowed by the Company; or
the Customer is declared bankrupt or makes any proposal to his creditors for a composition or other voluntary arrangement; or
a receiver, liquidator or administrator is appointed in respect of the Customer’s business
On Cessation of the Customer’s right to possession of the goods pursuant to this clause the Customer shall at his own expense make the goods available to the Company and allow the Company to repossess them.
Further, the Customer hereby grants the Company its agents and employees an irrevocable licence (such licence to subsist notwithstanding termination of contract for any reason) to enter any premises where the goods are stored in order to repossess them or inspect them at anytime.
12. Delays & Force Majeure
In the case of ordered parts, accessories or other goods the Company will use its best endeavours to ensure availability of the same by the date and time requested. However, the Company can offer no guarantee with respect to the provisions of this clause and cannot accept responsibility for delay resulting from the non or late availability of parts, spares, accessories or other reasons beyond its control.
In the event of the performance of any obligation accepted by the Company being prevented, delayed or in any way interfered with by any direction of government or other competent authority, industrial dispute, strike, breakdown of plant or machinery, accident, fire or by any other cause beyond the Company’s reasonable control the Company may, at its sole option, suspend performance or cancel its obligation under the Contract without damage or consequential loss arising.
13. Warranty
Any parts, spares, accessories or other goods supplied by the Company will be entitled to the benefit of any warranty given by the manufacturers of any such items. This will not affect the Customer’s statutory rights.
14. Notices
Any notice given hereunder may be served personally or be left at the last known residence or place of business of the Customer, or may be sent by first class post, in which case notice shall be deemed to have been received by the Customer on the first working day after posting.
15. Severability
In the event of any provision of these terms and conditions being or becoming void in whole or in part the other provisions of these terms and conditions shall remain fully valid and enforceable and void provisions shall, where appropriate, be replaced in accordance with the meaning and purpose of these terms and conditions.
16. Dispute resolution
All complaints should be addressed to:
FOWLERS OF BRISTOL LTD
2-12 BATH ROAD
BRISTOL
BS4 3DR
Where the Customer’s complaint cannot be resolved, once the Customer has exhausted the Company’s internal process the Customer may refer the dispute to the following ADR entity,
The National Conciliation Service
2-3 Allerton Road
Rugby
CV23 0PA
For details of this service the Customer can contact them on 01788 538317 or visit their web site http://www.nationalconciliationservice.co.uk/
Where any dispute cannot be resolved through ADR, the Contract shall be governed and interpreted exclusively according to English Law and shall be subject to the exclusive jurisdiction of the English Courts.
17. Errors and Omissions Excepted
Every care is taken to ensure that all information given is present and correct, although errors may exist. If you find an error or omission, please let us know, and it will be corrected as soon as possible after verification. If errors and / or omissions are present, it is not possible to offer the exact described product at the specified price, so we apologise for any inconvenience this may cause. It is advisable to check both specification and pricing before quoting, ordering or using information provided.
Web Based Ordering - Terms & Conditions
Fowlers of Bristol Limited. 2-12 Bath Road, Bristol BS4 3DR
Validity and Application
Nothing herein contained is intended by the Company to negate or limit any right in law which cannot lawfully be so negated or limited and if it should be held by a court or other competent jurisdiction that any of these terms and conditions has that effect, then such part or parts shall be severed from the remainder which shall continue in full force and effect.
Background
This agreement applies as between you, the User of this Website and FOWLERS OF BRISTOL LTD, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a despatch email to you indicating that your order has been fulfilled and is on its way to you.
In these Terms and Conditions:
Contract Shall mean the contract between the Company and the Customer.
Company Shall mean FOWLERS OF BRISTOL LTD or any subsidiary or associated company thereof.
Customer Shall mean the person, firm or company identified in or by means of the contract as ordering goods.
Account Shall mean collectively the personal information, payment information, and credentials used by Users to access paid content and /or any communications systems on the website.
Carrier Shall mean any third party responsible for transporting purchased goods from our premises to customers.
Content Shall mean any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this website.
Goods Shall mean every, or where the context so requires, any item of whatsoever nature, which the Customer buys or has agreed to buy from the Company under this Contract that FOWLERS OF BRISTOL LTD advertises and / or makes available for sale through this Website.
Fowlers of Bristol Ltd Shall mean FOWLERS OF BRISTOL LTD, 2-12 Bath Road Bristol BS4 3DR.
Service Shall mean collectively any online facilities, tools, services or information that FOWLERS OF BRISTOL LTD makes available through the website either now or in the future.
Payment Information Shall mean any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes.
Purchase Information Shall mean collectively any orders, invoices, despatch notes, receipts or similar that may be in hard copy or electronic form.
Premises Shall mean our place(s) of business located at 2-12 Bath Road Bristol BS4 3DR.
System Shall mean any online communications infrastructure that FOWLERS OF BRISTOL LTD makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links.
User / Users Shall mean any third party that access the Website and are not employed by FOWLERS OF BRISTOL LTD and acting in the course of their employment.
Website Shall mean the website that you are currently using (www.fowlers.co.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
1. Formation of Contract
All orders will be taken and all goods supplied by the Company subject to these terms and
conditions and, subject to the ‘Validity and Application’ statement above, no other terms,
conditions or warranties are to be implied into the Contract unless expressly accepted in writing by an
authorised representative of the Company.Subject to the provisions of clause 1(a) above mentioned, these terms and conditions are the only terms and
conditions applicable to the Contract and shall supersede all earlier arrangements or agreements entered into or made between the Company and the Customer and shall apply to the exclusion of any other provisions contained in any other document issued by the Customer in any manner whatsoever or at any point in time.
2. Age Restrictions
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
3. Business Customers
These Terms & Conditions also apply to customers buying Goods in the course of business
4. International Customers
If Goods are being ordered from outside FOWLERS OF BRISTOL LTD's country of residence, import duties and taxes may be incurred once your Goods reach their destination. FOWLERS OF BRISTOL LTD is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and FOWLERS OF BRISTOL LTD cannot guarantee that the packaging of your Goods will be free of signs of tampering.
5. Intellectual Property
Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of FOWLERS OF BRISTOL LTD, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by FOWLERS OF BRISTOL LTD.
6. Third Party Intellectual Property
Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
7. Fair Use Of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply, and all amendments there of/in.
8. Links to Other / Outside Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of FOWLERS OF BRISTOL LTD or that of our affiliates. 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. 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.
9. Links to this Web Site
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.fowlersparts.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of FOWLERS OF BRISTOL LTD. To find out more please contact us by email at [email protected].
10. Use of Communication Facilities
When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
You must not use obscene or vulgar language,
You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist.
You must not submit Content that is intended to promote or incite violence
It is advised that submissions are made using the FOWLERS OF BRISTOL LTD language(s) as we may be unable to respond to enquiries submitted in any other languages
The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws.
You must not impersonate other people, particularly employees and representatives of FOWLERS OF BRISTOL LTD or our affiliates
You must not use our System for unauthorised mass-communication such as "spam" or "junk mail".
You acknowledge that FOWLERS OF BRISTOL LTD reserves the right to monitor any and all communications made to us or using our System
You acknowledge that FOWLERS OF BRISTOL LTD may retain copies of any and all communications made to us or using our System
You acknowledge that any information you send to us through our System or post on the enquiry form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
11. Accounts
In order to purchase Goods on this Website and to use the enquiry form facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that;
All information you submit is accurate and truthful;
You have permission to submit Payment Information where permission may be required; and
You will keep this information accurate and up-to-date;
Your creation of an Account is further affirmation of your representation and warranty.
It is recommended that you do not share your Account details, particularly your username and password. FOWLERS OF BRISTOL LTD accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
If you have reason to believe that your Account details have been obtained by another without consent, you should contact FOWLERS OF BRISTOL LTD immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are despatched. In the event that an unauthorised purchase is despatched prior to your notifying us of the unauthorised nature of the purchase, FOWLERS OF BRISTOL LTD accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
When choosing your username you are required to adhere to the terms set out above in Clause 10. Any failure to do so could result in the suspension and/or deletion of your Account.
12. Termination and cancellation
Either FOWLERS OF BRISTOL LTD or you may terminate your Account. If FOWLERS OF BRISTOL LTD terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
If FOWLERS OF BRISTOL LTD terminates your Account, any current or pending purchases on your Account will be cancelled and will not be despatched.
FOWLERS OF BRISTOL LTD reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and despatch.
If you terminate your Account any non-despatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
If you terminate your Account any non-despatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
Your right to cancel can be exercised in writing or via email only.
13. Goods pricing and availability
Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from FOWLERS OF BRISTOL LTD correspond to the actual Goods, FOWLERS OF BRISTOL LTD is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods.
Where appropriate, you may be required to select the required size, model, colour, type or number of the Goods that you are purchasing.
FOWLERS OF BRISTOL LTD does not represent or warrant that such Goods will be available. Stock indications are provided on the Website however these may not take into account sales that have taken place during your visit to the website.
All pricing information on the Website is correct at the time of going online. FOWLERS OF BRISTOL LTD reserves the right to change prices and alter or remove any special offers from time to time and as necessary. Pricing information is reviewed and updated daily.
In the event that prices are changed during the period between an order being placed for Goods and FOWLERS OF BRISTOL LTD processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price.
14. Delivery
FOWLERS OF BRISTOL LTD will notify you by way of email when your goods are to be despatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
If FOWLERS OF BRISTOL LTD receives no communication from you within 14 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
15. Returns Policy
FOWLERS OF BRISTOL LTD aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 10 days to return. FOWLERS OF BRISTOL LTD is not responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
If any Goods you have purchased have faults when they are delivered to you, you should contact FOWLERS OF BRISTOL LTD within 28 days to arrange collection and return. FOWLERS OF BRISTOL LTD is not responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, less carriage charge, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
If any Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty.
If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to FOWLERS OF BRISTOL LTD within 10 days and arrange collection and return. FOWLERS OF BRISTOL LTD is not responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, less the carriage charge, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
Where the Customer is acting as a Consumer, if this Agreement has been conducted without any face to face contact between FOWLERS OF BRISTOL LTD and the Customer, or anyone acting on each party’s respective behalf, the Customer has the right to cancel this Agreement without giving any reason. The cancellation period will expire 14 days from the day on which the Customer first instructs us to carry out the service and no service can be performed within this period unless the Customer expressly requests we do so.
To exercise the right to cancel, the Customer must inform the company of their decision to cancel this Agreement in writing by clear statement (e.g. a letter sent by post, fax or email). The Customer may use the model cancellation form provided.
If the Customer requests any service to be provided during the 14 day period then they will lose the right to cancel this Agreement. The Customer shall pay the Company an amount which is in proportion to that service performed until they communicated their cancellation of the Agreement.
If the Customer cancels this Agreement, the Company will reimburse to the Customer all payments received from the Customer under this Agreement, without undue delay, and not later than:-
14 days after the date on which the Company receives any Goods back; or
(if earlier) 14 days after the day you provide evidence that the Customer has returned any Goods; or
if there were no Goods supplied, 14 days after the day on which the Company are informed about the Customer’s decision to cancel this Agreement.The Company will make the reimbursement using the same means of payment as the Customer has used for the initial transaction, unless the Customer has expressly agreed otherwise, but in any event the Customer will not incur any fees as a result of the reimbursement.
The Company may withhold reimbursement until the Company has received any Goods back or the Customer has sent evidence of having sent back any Goods to the Company, whichever is the earliest. The Customer should send back any Goods or deliver them back to the Company at the address shown overleaf, without undue delay and in any event not later than 14 days after the day on which the Customer communicates cancellation of this Agreement to the Company.
This deadline is met if the Customer sends back any Goods before the period of 14 days has expired. The Company will require that the Customer bears the cost of returning any Goods to the Company.
If you wish to return Goods to FOWLERS OF BRISTOL LTD for any of the above reasons, a returns form can be located by following this link; [email protected] to make the appropriate arrangements.
FOWLERS OF BRISTOL LTD reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
Any use or enjoyment that you may have already had out of the Goods;
Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;
Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
Such discretion to be exercised only within the confines of the law.
Orders for goods which are not general stock items and which are subject to SPECIAL ORDER provisions are only accepted by the Company on the basis that such orders cannot be cancelled by the Customer nor the goods returned to the Company and that refund cannot be issued for any E.S.O. items for Honda, Yamaha, Suzuki, Kawasaki or any other manufacturer’s parts, components or accessories.
16. Privacy
of the Website is also governed by our Privacy Policy www.fowlers.co.uk/legal/privacy.shtml which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.
The Website places the following cookies onto your computer or device. These cookies are used for the purposes described herein. Full details of the cookies used by the Website and your legal rights with respect to them are included in our Privacy Policy www.fowlers.co.uk/legal/privacy.shtml. By accepting these terms and conditions, you are giving consent to FOWLERS OF BRISTOL LTD to place cookies on your computer or device. Please read the information contained in the Privacy Policy prior to acceptance.
If you wish to opt-out of our placing cookies onto your computer or device, please adjust your internet browser's settings to restrict cookies as detailed in your internet browser's help menu. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser's help menu.
17. Disclaimers
FOWLERS OF BRISTOL LTD makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
No part of this Website is intended to constitute a contractual offer capable of acceptance.
Whilst FOWLERS OF BRISTOL LTD uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
18. Changes to the service and these terms and conditions
FOWLERS OF BRISTOL LTD reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If FOWLERS OF BRISTOL LTD is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
19. Availability of 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.
FOWLERS OF BRISTOL LTD accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
20. Limitation of Liability
To the maximum extent permitted by law, FOWLERS OF BRISTOL LTD accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
Nothing in these Terms and Conditions excludes or restricts FOWLERS OF BRISTOL LTD's liability for death or personal injury resulting from any negligence or fraud on the part of FOWLERS OF BRISTOL LTD.
Nothing in these Terms and Conditions excludes or restricts FOWLERS OF BRISTOL LTD's liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
The buyer accepts that Goods adapted or modified by the purchaser shall no longer be warranted by the manufacturer nor shall FOWLERS OF BRISTOL LTD be liable for any failures as a result of such modification.
Where goods purchased by the buyer are alleged to be defective, the purchaser agrees to return such goods to the seller for inspection without the replacement of goods until such an inspection is complete. The purchaser also accepts that where goods have been incorrectly supplied or are alleged to be defective, the seller takes no responsibility for any consequential losses incurred.
Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Consumer Rights Act 2015, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
21. Delays & Force Majeure
In the case of ordered goods the Company will use its best endeavours to ensure availability of the same by the date and time requested. However, the Company can offer no guarantee with respect to the provisions of this clause and cannot accept responsibility for delay resulting from the none or late availability of any goods or other reasons beyond its control.
In the event of the performance of any obligation accepted by the Company being prevented, delayed or in any way interfered with by any direction of government or other competent authority, industrial dispute, strike, breakdown of plant or machinery, accident, fire or by any other cause beyond the Company’s reasonable control the Company may, at its sole option, suspend performance or cancel its obligation under the Contract without damage or consequential loss arising.
22. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
23. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
24. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and FOWLERS OF BRISTOL LTD
25. Communications
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to [email protected]. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
FOWLERS OF BRISTOL LTD may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the unsubscribe link in any email which you receive from us.
26. Law and Jurisdiction
These Terms and Conditions and the relationship between you and FOWLERS OF BRISTOL LTD shall be governed by and construed in accordance with the Law of England and Wales and FOWLERS OF BRISTOL LTD and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
27. Changes to the service and these terms and conditions
In the event of a complaint or dispute of any kind our complaints handling procedure which can be found on our website at www.fowlers.co.uk/contact/Customer-Complaint-Procedure-Form.pdf and is available from the Company on request.
All complaints should be addressed to:
FOWLERS OF BRISTOL LTD
2-12 BATH ROAD
BRISTOL
BS4 3DRWhere the Customer’s complaint cannot be resolved, once the Customer has exhausted the Company’s internal process the Customer may refer the dispute to the following ADR entity,
The National Conciliation Service
2-3 Allerton Road
Rugby
CV23 0PA
For details of this service the Customer can contact them on 01788 538317 or www.nationalconciliationservice.co.uk/
28. No variation or represeentation
Nothing said by our sales staff shall amount to any variation of these terms and conditions or representation about the nature or quality of our products.
29. Errors and Omissions Excepted
Every care is taken to ensure that all information given on this website is present and correct, although errors may exist. If you find an error or omission, please let us know, and it will be corrected as soon as possible after verification. If errors and / or omissions are present, it is not possible to offer the exact described product at the specified price, so we apologise for any inconvenience this may cause. It is advisable to check both specification and pricing before quoting, ordering or using information provided on this website.
Loyalty Card Terms & Conditions
Fowlers of Bristol Limited. 2-12 Bath Road, Bristol BS4 3DR
Consumer Transactions
Nothing herein contained is intended to affect, nor will it affect, a Consumer’s statutory rights under The Consumer Rights Act 2015 or any amendments thereof or statutory additions thereto.
Fowlers of Bristol Ltd (Fowlers) are offering a Loyalty Card with a view to offering more value to their customers (the Scheme). The following terms and conditions apply to this scheme and usage of the scheme will be considered as constituting acceptance of these terms and conditions by the scheme member.
The Scheme is operated and promoted by Fowlers of Bristol Ltd, 2-12 Bath Road, Bristol, BS4 3DR.
These terms and conditions, in conjunction with the privacy policy, are applicable across the Fowlers Loyalty Card scheme and any participation as constituting acceptance of these terms and conditions by the scheme member. Additional terms and conditions may apply for optional elements of the scheme, examples of which include but are not limited to, Christmas savers, club membership, and gift cards. Members participating in the optional elements of the scheme will be considered as having accepted any applicable additional terms and conditions.
The loyalty card issued by Fowlers remains the property of Fowlers of Bristol Ltd.
Fowlers may at any time terminate the scheme or alter or amend the terms & conditions of operation of the scheme. Fowlers retain the right to alter products and departments included or excluded from the scheme i.e.Honda Showrooms, workshops, parts counter, web shop and any other active department within Fowlers. Details of participating departments will be available on the Fowlers website here.
All members of the card scheme must be resident within the UK and be over the age of 16.
Members are only entitled to one loyalty card account each. Fowlers reserve the right to refuse, merge or close additional accounts at any time.
The Loyalty Card cannot be used as a credit /debit or guarantee card.
Members must register their personal details and keep Fowlers informed of any changes to these details. Fowlers cannot be held responsible for any loss of points or activities on the loyalty card as a result of out of date member details.
The Loyalty card, in which ever form is non transferable to any other member, cannot be copied and can only be used by the member who is named and registered for the card.
The security of the card remains the responsibility of the scheme member, as do any security details relating to the account. Fowlers cannot be held responsible for any loss or damage arising from the member failing to ensure the safe-keeping of these items.
Fowlers may decline to issue, withdraw or cancel loyalty card accounts and points, in what ever form, and/ or remove a member from the scheme at any time where Fowlers have a reasonable belief that there may be;
Any abuse or attempted abuse of the scheme
Any breach or attempted breach of these terms and conditions and/or those relating to the optional elements of the scheme.
Any behaviour relating to the loyalty card or the Fowlers group that involves theft, misconduct, abusive or offensive behaviour, or supplying false or misleading information.
Loyalty cards may only be used for purchases from Fowlers and any promotional partners who are or may become part of the scheme.
The scheme is only for consumer use. The loyalty card cannot be used for any transaction where the beneficiary is a business entity.
The loyalty cards cannot be bought, sold or in any way traded.
Two members who reside at the same address may have individual accounts.
Members can choose to leave the scheme at any time, by leaving the scheme members forfeit the right to any points accrued or issued.
Members who do not collect any points for 36 months will be removed from the scheme and will need to re-apply for new membership should they wish to rejoin, however if personal details are properly maintained by the member in accordance with section 8 hereof Fowlers may at their sole discretion resurrect the loyalty card.
In addition, Fowlers reserve the right to;
Stop issuing cards at any time
On notice, to amend the benefits of the scheme at any time
On notice, to alter or amend the terms and conditions of operation of the card and / or scheme
On notice, withdraw or cancel cards and / or points (including redemption and issue of such) and / or terminate the scheme.
Fowlers will notify card holders of any changes to these terms and conditions. Notices detailing the revised terms and conditions will be available on Fowlers.co.uk.
Nothing herein contained is intended to affect, nor will it affect, a Consumer’s statutory rights under The Supply of Goods and Services Act 1982, The Sale of Goods Act 1979, The Unfair Contract Terms Act 1977, The Consumer Protection Act 1987, The Sale and Supply of Goods to Consumers Regulations 2002 or the Consumer Protection from Unfair Trading Regulations 2008 or any amendments thereof or statutory additions thereto.
These terms and conditions and the scheme are subject to the laws of England and Wales.
Gift Card Terms & Conditions
Fowlers of Bristol Limited. 2-12 Bath Road, Bristol BS4 3DR
Consumer Transactions
Nothing herein contained is intended to affect, nor will it affect, a Consumer’s statutory rights under The Consumer Rights Act 2015 or any amendments thereof or statutory additions thereto.
The following terms and conditions apply to the Fowlers of Bristol Gift Card Scheme, usage of the scheme will be considered as having accepted these terms and conditions.
The Scheme is operated and promoted by Fowlers of Bristol Ltd, 2-12 Bath Road, Bristol, BS4 3DR.
These terms and conditions, in conjunction with the Privacy Policy, are applicable across the Fowlers Gift Card scheme and any participation is considered as acceptance. Additional terms and conditions may be in place for optional elements of the scheme, examples of which include but are not limited to, Christmas savers, club membership, and Loyalty cards. Members participating in the optional elements of the scheme will be considered as having accepted the additional terms and conditions.
The Gift card issued by Fowlers remains the property of Fowlers of Bristol Ltd.
The Gift Card may be activated with a minimum of £5 and have a maximum value of £1,000. Gift Cards can be topped up in store to the maximum value Limit.
The Gift Cards are only redeemable in the Fowlers of Bristol Store.
All purchasers of the Gift Card must be resident within the UK and be over the age of 18.
The Gift Card cannot be used as a credit/debit or guarantee card.
The Gift Card may be used for purchases which exceed the balance on the card by the holder contributing the balance due by other acceptable methods of payment.
The Gift card cannot be used for telephone orders or mail order purchases.
The Gift Card must be presented to be used in store.
Returned items purchased with the gift card will be refunded back to the card.
The card remains the responsibility of the scheme member, as do any security details relating to the account. Fowlers cannot be held responsible for any loss arising from the member failing to ensure the safe-keeping of these items.
Fowlers may decline to accept any Gift Card which may appear to have been tampered with.
The Gift Card is only for consumer use. The card cannot be used for any transaction where the beneficiary is a business entity.
The cards cannot be bought, sold or in any way traded.
Cards which have not been used for 36 months will be deactivated without notice.
Members may inherit the card of a family member who has died by providing a written request informing us of the details of the deceased.
A card holder may terminate his/her card at any time.
Fowlers will notify card holders of any changes to these terms and conditions. Notices detailing the revised terms will be available on Fowlers.co.uk.
These terms and conditions and the scheme are subject to the laws of England and Wales.
Competition General Terms and Conditions
Fowlers of Bristol Limited. 2-12 Bath Road, Bristol BS4 3DR
These terms and conditions apply to all competitions (unless and to the extent that) the competition states otherwise.
Unless otherwise specified, competition open to UK and ROI residents aged 18 or over except employees of Fowlers of Bristol Ltd. Their families, agents or any other person(s) connected with the competition, including third party promotional partners.
Entry limited to one per person. The winner is responsible for ensuring they are able to accept the prize as set out and in accordance with these terms and conditions. In the event they are unable to do so, Fowlers of Bristol Ltd. reserves the right to re-draw the prize.
Entry is free but entrants should be aware that they may be subject to local call charges depending on their own individual arrangements for Internet access.
An eligible entrant must be an individual and must submit an entry in the form provided by Fowlers of Bristol Ltd. under this promotion including the required entry fields.
By entering, all eligible entrants agree to abide by each and all these terms and conditions. Misrepresentative or fraudulent entries will invalidate an entry. Fowlers of Bristol Ltd. reserves the right, with or without cause, to exclude entrants and withhold prizes for violating any of these terms and conditions. Fowlers of Bristol Ltd. reserves the right to amend these terms and conditions. Any amendments will be published on www.fowlers.co.uk/
Unless otherwise specified, the winner(s) will be drawn at random from all correct entries received before the closing date. Winners will be notified within 28 days after the closing date. All reasonable endeavours will be made to contact the winner during this time. If a winner cannot be contacted or is not available, Fowlers of Bristol Ltd. reserves the right to re-draw another winner from the correct entries which were received before the closing date.
Fowlers of Bristol Ltd. reserves the right to publish entries (including parts of entries) other than the winning entry and publication does not necessarily mean the entrant has won a prize.
Fowlers of Bristol Ltd. reserves the right to edit, censor or delete entries at its discretion for publication. Entrants will retain copyright in their submitted entries; however, by entering, all entrants give Fowlers of Bristol Ltd. a worldwide, royalty-free, perpetual licence to edit, publish and use segments of each entry in any and all media (including print and online) for publicity and news purposes. In particular, all entrants license Fowlers of Bristol Ltd. the right to publish their entry on any of their websites or social channels including, but not limited to: Facebook, Instagram, YouTube, Google Plus & Twitter or any of their supplements.
The winner agrees to an interview which may be published by Fowlers of Bristol Ltd. in any of their publications including but not limited to Fowlers of Bristol Ltd. or any of their supplements.
Fowlers of Bristol Ltd. will not be liable for any failure of receipt of entries, including technical, hardware or software failures of any kind or lost or unavailable network connections, which may limit or prohibit an eligible entrant's ability to participate in the competition. Fowlers of Bristol Ltd. takes no responsibility for any entries that are lost, delayed, illegible, corrupted, damaged, incomplete or otherwise invalid.
Other than death or personal injury arising from the acts or omissions of Fowlers of Bristol Ltd. or its employees, Fowlers of Bristol Ltd. will not be liable for any loss or damage arising out of the winner’s (or their guest’s) enjoyment of the prize.
There is no cash or other alternative to the prize stated and the prize is not transferable and no part or parts of the prize may be substituted for other benefits, items or additions.
By entering, any subsequent prize winners agree to allow the free use of their names and general locations for publicity and news purposes during this and future promotions by Fowlers of Bristol Ltd. or any associated or subsidiary company of Fowlers of Bristol Ltd.
Uses of personal data received by Fowlers of Bristol Ltd. in the course of the promotion are subject to the privacy policy. Winners' names may be published on the website
Winners may be required to submit valid identification before receiving their prize.
The management's decision is final and binding on the entrants. No correspondence will be entered into.
Completion and submission of a registration slip or email will be deemed acceptance of these terms and conditions.
Fowlers of Bristol Ltd. reserves the right at any time to cancel, modify or supersede the competition (including altering prizes) if, in its sole discretion, a competition is not capable of being conducted as specified. Fowlers of Bristol Ltd. Reserves the right to substitute a prize of equal value in the event that circumstances beyond their control make this unavoidable.
For a list of winners please send a stamped envelope to ℅ Shane Kelly, Media & Design, Fowlers of Bristol Ltd. 2-12 Bath Road, Bristol, BS4 3DR, United Kingdom, stating for which competition you would like winners’ details.
Motorcycle Unaccompanied Demonstration – Prospective Purchaser
Allianz Insurance pl | Commercia 57 Ladymead, Guildford, Surrey GU1 1DB
Fowlers of Bristol Limited 2-12 Bath Road, Bristol BS4 3DR
Clause
In respect of Unaccompanied Demonstrations, the following Definitions and Terms apply
DEFINITIONS
Prospective Purchaser: A person, or company represented by a person, being Your potential customer
Unaccompanied Demonstration: The use of a vehicle for demonstration purposes by a Prospective Purchaser (or driver forsuch party) with Your permission whilst unaccompanied by You, if a named person, or drivers in Your employ or any of Yourpartners or directors as passengers of such vehicle.
TERMS
Precedent to providing any Unaccompanied Demonstration You shall inspect the driving licence of every driver and byreference to such licence and additional enquiry, establish that every driver:
21 years of age or more but under 70 years of age, except that the minimum of 21 shall not apply in respect of motorcycles less than 250cc
has held a full British driving licence to drive such vehicle for at least one year, reduced to at least (variable field*) months in respect of motorcycles
no driver has been involved in more than one motoring accident or claim during the preceding three years,
no driver has been convicted of any;
Road Traffic Act offence or series of offences where the penalty points accumulation is 6 or more
criminal offence other than a Road Traffic Act offence,
no driver has a prosecution pending for any criminal offence (except for the Road Traffic Act offences of parking, orspeeding on one occasion if there are no convictions),
the Prospective Purchaser's bona fides are established by checking the identity of such person by inspecting theirdriving licence and at least one other document being their passport or bank cheque or credit card.
You shall keep a record of all information gathered in accordance with TERM A. for six months after the demonstration or inthe event of a claim, for the period that We shall decide.
You shall limit Unaccompanied Demonstration to a maximum period of four hours duration.This limit shall not apply:.
the Prospective Purchaser's own vehicle (including its keys) is deposited with You as security during the period ofdemonstration, or
if the Prospective Purchaser does not have a vehicle to deposit, the documents shown in A vi) are deposited withthe You.
In the event of any claim for theft or attempted theft in the above circumstances, You are responsible for (variable field*) of each and every loss or (variable field*) whichever is greater.
Exclusion 6, Theft by Deception under Section 1 Material Damage and the Excesses shall not apply.
Where You have not complied with the Terms of this extension all cover for such demonstration is excluded unlesspreviously agreed by Us.
Except so far as is necessary to comply with the laws relating to the compulsory insurance of motor vehicles in any countryto which Your Policy applies, We shall not be liable for death or injury to any person travelling as a pillion passenger.
Subject also to the terms of this Policy
*Please refer to your policy documentation for further information relating to this clause variable.
ACOM4927 11.13
Allianz Insurance plc. Registered in England number 84638. Registered office. 57 Ladymead, Guildford, Surrey GU1 1DB, United Kingdom.Allianz Insurance plc is a member of the Association of British Insurers.Allianz Insurance plc is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority.Financial Services Register number 121849.
www.allianzebroker.co.uk