Terms & Conditions
TERMS AND CONDITIONS OF BUSINESS.
- CMM Services Ltd supplies goods and services only subject to these terms and any person (hereinafter called “The Buyer”) supplied by CMM Services Ltd accept that these terms will govern all contractual relations between them to the exclusion of any terms contained in any of The Buyers documents even if The Buyers terms purport to provide that The Buyers own or some other terms prevail.
- PAYMENT OF ACCOUNTS:
All monthly accounts (if authorized) must be paid not later than the 25th day of the month following invoice date. A statement will be sent detailing all invoices and credits during the month. In the event of default of payment CMM Services reserves the right to suspend or cancel credit facilities and to charge an additional account service charge at a rate of 3% over normal Bank Interest Base Rate at monthly intervals on the overdue portion of the account until the arrears are cleared.
It is The Buyer’s responsibility to ensure that payment is made to CMM Services by due date.
You have the right to cancel your order within a seven - Day "cooling off period", which starts the day after you received the goods. If you wish to cancel under the Consumer Protections (Distance selling) Regulations 2000, you must inform CMM Services of your intention to cancel your order by phone, fax, email or post within the seven-day cooling off period. You will then receive confirmation from CMM Services and given a returns number that must be quoted on all correspondence along with your original invoice number. We will only except goods back in a re-saleable condition. Once we have received goods we will then issue you a full refund less any delivery charges. (You will be required to return goods at your cost by an insured carrier) If goods go missing we will only issue refund on proof of receipt from your carrier. If you are unable to arrange a return contact us and we will arrange collection on your behalf but a charge will be made which will be deducted from your refund total. If a delivery charge was made on the original purchase this will not be refunded. As this is a service which is concluded at the point of order.
- OLD UNIT SURCHARGE
Some parts are subject to a unit surcharge which is listed on the invoice as "Surcharge" this is refundable on receipt of the old unit, on condition that returning old unit is in one piece with no visible signs of damage caused by the removal of the part.
- DAMAGE OR SHORTAGE Damage or shortage of goods found by The Buyer must be notified to The CMM Services within 3 days. Failure to do so will free CMM Services from any liability in this respect.
If your order does not meet the required carriage paid amount a delivery charge will be made and indicated on the payment screen. Our carriage charges stated only apply for UK mainland please contact us if you are outside this area. See delivery options. CMM Services reserves the right to charge for any special delivery or deliveries.
- DELIVERY OPTIONS
Next day delivery is subject to availability at time of order. Any order placed after 5.00 pm will be dispatched the following day. Normal delivery is one to three working days. Our standard delivery charge is for the UK mainland, excluding Channel Islands, Isle of Wight, Isle of Man, Scottish Highlands, Scottish Isles, Northern Ireland and other remote locations. Please contact us for delivery charges for these areas. We can deliver to your home address or an alternative location which you can state at point of transaction. A delivery signature will be required unless stated at point of transaction. (In the case of a non-signature delivery we will not be held responsible for missing goods).
- FITNESS FOR PURPOSE CMM
Services takes every care with regard to the quality and standard of manufacture of the goods it supplies as far as it is able to. However, as the goods are used for a multiplicity of purposes, CMM Services has no control over the method of their application or use. CMM Services excludes so far as it legally may do so any condition or warranty implied by statute or otherwise as to the fitness of its goods for any particular purpose.
Under no circumstances shall CMM Services be liable for any loss of profit or contracts or other consequential loss or damage on the part of The Buyer however caused. CMM Services will not be liable to any labour claims; all warranties will be dealt with in accordance to the manufactures warranty procedures.
All images and illustrations shown in this web site are only meant as a guide, the actual part may differ in size. We reserve the right to send an equivalent part as long as it meets the specification of the original part ordered without prior notification.
- RESERVATION OF TITLE
Because of the large number of individual part numbers and references and the unique applications of individual automotive parts and supplies it is recognised by The Buyer that it is outside the bounds of normal possibility for any parts or supplies of the same part number or reference on The Buyer’s premises not to relate to parts and supplies of the same part number or reference supplied by CMM Services.
Notwithstanding delivery and passing of the risk, legal and beneficial ownership shall remain in CMM Services until full payment for goods has been made. Until ownership passes The Buyer shall hold the goods as Bailee for CMM Services and must keep the goods free from any Charge. The Buyer shall have possession of the goods but at all times remain accountable to CMM Services on a fiduciary basis in respect of the goods until payment in full has been made to CMM Services.
CMM Services and its associated companies shall be entitled to repossess all goods not paid for if any sum due in respect of goods remains unpaid by the due date. CMM Services and its associated companies may enter upon the premises of The Buyer to repossess such goods.
Where goods (or brands of goods) supplied by CMM Services can be identified on the premises of the Customer, and CMM Services can produce invoices or other evidence of supply of such goods, this evidence will be accepted as proof of supply of the goods by CMM Services irrespective of whether or not the invoice can be specifically related to the particular item/s on the Customer’s premises.
Notwithstanding the provisions of this clause and Section 49 (1) of the Sale of Goods Act 1979 CMM Services may bring action for the price due under these Terms at any time after the price has become payable under these Terms.
Prices shall be as ruling at the date of despatch. CMM Services reserves the right to change any price without prior notification.
Quotations do not constitute an offer and shall not bind CMM Services until an order has been placed and accepted.
- STATUTORY RIGHTS
All orders whether oral or written are subject to these terms but nothing in these terms shall be deemed to affect the statutory rights of The Buyer.BUYER’S TERMSCMM Services does not recognise any terms and conditions of contract supplied by The Buyer unless any such terms and conditions are specifically acknowledged and agreed in writing by a Partner of CMM Services. Executions of, compliance with, or implementation of orders does not imply acceptance of The Buyer’s terms and conditions.
- UNFAIR CONTRACT TERMS
CMM Services has drawn these Terms of Business in the light of the Unfair Contract Terms Act 1977 and considers them to be fair and reasonable and its prices are based on contracts made on these conditions. If The Buyer considers these terms to be unreasonable The Buyer must inform CMM Services in writing before any contract is made, otherwise he will be deemed to have accepted that The Company’s terms are fair and reasonable.