Douglas Anderson, trading as Westgarage Engineering Services, ceased trading as of 5th April 2020
Below are the historic terms and conditions at that time.
Terms & Conditions:
1. Any reference to Company/Seller/us/we shall mean Douglas J Anderson, trading as Westgarage Engineering Services, West House, Cowstrandburn, Dunfermline, Fife, KY12 9HP, United Kingdom.
2. Any reference to You/Buyer/Purchaser shall mean any person, sole trader, partnership, business, body, corporate or other entity detailed in the appropriate section of the sales invoice/order form and shall include all successors, heirs and assigns. Where the Buyer purchases in the course of a trade, profession, vocation or sport it is agreed that such a buyer shall mean a trade buyer. Where a person deals entirely as a consumer, statutory rights (per section VI.1 to 6) shall remain unaffected. Where the term buyer appears within these terms it shall mean both trade and consumer buyer/purchaser unless specified as relating to a trade buyer or consumer buyer individually.
3. Goods or equipment or services ordered shall mean the items detailed in the appropriate section of the sales/order form and it shall be a core term of this agreement that all additional parts, connecting components or ancillary items, not detailed within the sales order form, shall be additional to this agreement.
4. Price shall mean the consideration due for purchase. At the time of this invoice/quotation, we are not registered for VAT therefore there is no UK VAT payable.
5. We reserve the right to refuse any offer to purchase prior to written confirmation or despatch, where goods ordered become unavailable, the price of goods varies or an error is made by the Company in the price, description or for some other reason, whereupon a full refund of your payment will be made to you, usually in the method you made payment to the Company.
6. Brochure descriptions, Web Site information and samples on display are indicative only and any specifications, weights, measurements and technical data (whether relating to performance or otherwise) have been prepared by manufacturers and are for guidance only. Additionally, parts or components pictured or described within brochures or websites are for illustration purposes only and may vary in size, specification, colour and fitment dependent upon the make and model of your vehicle. Buyers are therefore required to check current specification, colours, weights and measurements with manufacturers or the Company, prior to order. Manufacturers also allow tolerances within the manufacturer of their products and also reserve the right to amend specifications, without notice, in order to improve products or where amendment becomes necessary and the Company shall endeavour to inform the Purchaser of any such amendment or change.
II. Competition Products and Services:
1. If the Purchaser is in any doubt as to the suitability of any products purchased from Westgarage Engineering Services, the Purchaser should seek professional help. Read and understand any installation notes and/or warnings provided.
2. Purchasers should understand and recognise that competition parts and equipment, and all parts, inventory and services manufactured and/or sold by Westgarage Engineering Services are exposed to many and varied conditions due to the manner in which they can be installed and used.
3. Competition parts should be inspected regularly for wear, damage, fixing security and stress cracks. Particular attention should be made to critical parts such as, but not limited to, suspension, steering, brakes and tyres.
Inspection should be carried out prior to each competition and more often if the vehicle is subject to severe or prolonged driving conditions.
Do not continue to use any damaged or worn parts. Inspect and/or replace components if the vehicle has been involved in an accident or incident.
4. A Vehicle modified with competition parts may not meet the legal requirements for use on public roads.
5. It is the Purchaser’s responsibility to comply with Federal, State, and Local laws prior to vehicle use on public roads.
6. Use or installation of competition parts may also affect or eliminate your insurance coverage and vehicle warranty. It is your responsibility to determine any change in coverage.
III. Import Taxes
Important Notice to Foreign Buyers located outside of the UK/European Union
1. To avoid any subsequent misunderstandings, please note that importing goods from another country can mean that your national Customs authorities may charge you Customs Duty and/or other additional related taxes (for example a Value Added Tax or a Purchase Tax). You, as the importer, are responsible for paying any such taxes.
2. We have no control over what taxes you may be charged by your own national tax authorities. We are not responsible for compensating you for payment of any such taxes.
3. If you do not know how much (if any) import tax you might have to pay, please check with your local tax authorities BEFORE entering into a contract to purchase.
4. Some countries prohibit or restrict the importation of some types of goods. You may need a general or special license and/or other documents to import goods, particularly in larger or commercial quantities. It is your responsibility to check with your national Customs authorities whether the goods you intend to import are subject to any such restrictions.
5. If your goods are retained or confiscated by your own national Customs authorities for any reason, it is your responsibility alone to negotiate with them the terms on which such goods might be released to you.
6. If your goods are undeliverable for any reason and are returned to us, we reserve the right to reclaim from you any associated costs which may be charged back to us.
7. On any Customs forms, we declare the full purchase price as the value of the goods. We do not under declare values, or mark goods as a “gift”.
IV. Payment Terms
1. Ownership or Title to the product shall not pass to the buyer until the company has received payment in full. In the event that sums owing in respect of other items ordered remain due, apportionment by this company shall take place without prejudice to the right to retain title or ownership in respect of all goods ordered.
2. Delivery times will be quoted at time of order and all times given for despatch or delivery are approximate and time shall not be of the essence. Goods will normally be supplied within 30 days unless stated as a longer lead time on the quotation or invoice.
3. The Buyer is required to notify the company, in writing, of any shortage, miss-delivery or other discrepancy immediately, or at the latest within fourteen days of such shortage, miss-delivery or failure, thereafter the buyer shall be liable for any such discrepancy. Buyers should retain all packaging in the event of a claim or return within the terms of this agreement.
V. Payment Details
1. Payments to Westgarage Engineering Services should be made by direct bank transfer to the following account: (See invoice for bank details)
2. All payments to be in Pounds (Sterling) [GBP]
3. Payments made by Credit/Debit cards may be subject to a charge not exceeding the cost to the Seller.
Currently this cost is 2.75% of the invoice amount.
4. Payments made via PayPal may be subject to a charge not exceeding the cost to the Seller.
Currently this cost varies between 3.4% to 5.9% of the invoice amount +£0.20.
The level of fees depends on the fees charged by PayPal for cross border transactions from your country.
VI. Cancellation of Orders
1. Clauses VI.2, VI.3, VI.4 and VI.5 below shall only apply to a person who purchases goods as a consumer buyer and is resident within European Economic Community where rights, which accrue by virtue of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, apply.
2. A Consumer Buyer shall have the right to cancel the contract for goods or services, in accordance with these Terms and Conditions, within fourteen days of delivery of the goods. Special order and customised goods shall not be returnable under the terms of this clause. (Special order or customised goods will be denoted as such on the invoice).
3. Cancellation of the contract can be effected, by consumer buyers, in writing to the seller‘s registered address by mail or e-mail. For your convenience you can cancel by service of the model Cancellation Form (available to download from the website). The completed cancellation form can be sent to the seller‘s registered address by mail or e-mail.
4. If a notice of cancellation is received by the Company in accordance with clause VI.2 the Consumer Buyer shall become liable to return the goods to the Company forthwith, to such address as directed by the Company, in their original packaging (where practicable, and without having been installed or used and with all relevant seals and enclosures intact) and at the consumer buyer’s sole expense. We retain the right to reduce the amount of reimbursement if you have diminished the value of the goods by handling them beyond what is necessary to establish their nature, characteristics and function.
5. If the goods are not able to be returned by normal postal services, the Company (or contracted carrier) shall be entitled to collect the goods from the consumer buyer and to recover any reasonable costs involved in such collection from the consumer buyer. If you require the goods to be collected please contact us so that collection at a suitable time and place can be arranged. The returned goods must be adequately packaged and labelled for return shipment.
6. The Company shall then affect a refund of any monies owing to the consumer buyer in respect of the goods within 14 days from the date of receipt of goods by the Company or the date of receipt of proof of despatch of the goods being returned. The refund will only include payment for standard original delivery cost. If you have opted for a premium delivery service then you only receive the cost of standard delivery. If no delivery cost is detailed on the original invoice your order will be deemed to have had free standard delivery.
7. Goods purchased and delivered to the buyer otherwise than by means of distance communication (including a Trade buyer) may be returned to the Company in original packaging (and without being installed or used and with all relevant seals and enclosures intact) for credit within 14 days of receipt by the buyer, subject to a restocking charge of not less than 10% of the value of the order. Original postage charges and/or return postage costs will not be refunded. Credit shall be subject to the buyer producing proof of purchase and returning goods carriage paid. Special order goods or customised goods shall not be returnable by virtue of this clause.
VII. Second Hand (Reclaimed), Re-purposed and Reconditioned Parts
1. Certain parts and components supplied by Westgarage Engineering Services may be second hand, re-purposed or reclaimed parts. These parts will be denoted as such on quotations and invoices.
2. Second hand parts may be used for reconditioned, re-purposed or modified parts. These parts will be denoted as reconditioned, re-purposed or modified on quotations and invoices.
3. Any parts supplied by the purchaser for reconditioning, re-purposing, modification or incorporation must be serviceable or in a suitable state for reconditioning. If the purchaser supplies parts on an exchange basis, a deposit/surcharge may be payable at the time of order. On receipt of the parts by the supplier the parts will be assessed for suitability. If the parts are suitable for use or reconditioning, a credit/refund of the deposit/surcharge will be made to the purchaser.
These terms and conditions shall be governed by and construed in accordance with the laws of Scotland. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of Scotland.
Westgarage Engineering Services may amend these terms and conditions at any time by updating this notice. Each and every user is bound by such amendments and should therefore visit this page from time to time so as to examine the most recent version of these terms and conditions.
The Terms & Conditions notified at time of purchase, on the invoice, will take precedence to these general terms and conditions.
The Terms & Conditions notified at time of purchase, on the invoice, will set out the statutory contract cancellation rights for Consumers.
A consumer buyer who is resident within European Economic Community where rights, which accrue by virtue of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, apply, can use the attached model cancellation form to cancel the contract within the stipulated parameters.
Model Cancellation Form (.pdf)