Terms and Conditions

  1. Definitions and Interpretation
    1. In these terms unless the context shall require otherwise
      1. 'Company' means Dronsfields Ltd (Company Number 05371910) whose registered office is at Pennine Works Mossdown Road Royton, Oldham, England, OL2 6HS.
      2. 'Completion' means in the case of a contract for Work, the date of the Company's notice to the Customer that Work has been completed or, in the case of a Contract for the supply of Goods, the date those Goods are supplied;
      3. 'Contract' means the contract between the Company and the Customer for the sale of supply of Work and /or Goods;
      4. 'Customer' means the person, firm or company at whose request the Work is to be performed of Goods supplied;
      5. 'Estimate' means an estimate in writing given by the Company to the Customer;
      6. 'Goods' means any goods or replacement goods to be supplied by the Company under the Contract whether or not supplied in conjunction with Work;
      7. 'Manufacturer' means in respect of a Vehicle, the manufacturer of the Vehicle;
      8. 'Order' means the instructions written or otherwise received by the Company from the Customer for Work to be done or Goods to be supplied;
      9. 'Price' means the price of the Goods and/or the charge for the Work payable by the Customer to the Company;
      10. 'Vehicle' means a vehicle delivered to the Company as bailee upon which the Customer has requested the Company to carry out Work or provide an estimate of Work;
      11. 'Work' means any works to be performed on a Vehicle at the Customer's request whether by way of repairs, servicing, fitting, modification or otherwise; and
      12. 'Working Days' means all days other than Saturdays, Sundays and public holidays.
    2. These Conditions shall apply to all contracts for the sale of Goods and all Contracts for Work by the Company to the Customer to the exclusion of all other terms and conditions including any terms or conditions which the Customer may purport to apply including any purchase order, confirmation of order or similar document.
    3. All orders for Goods shall be deemed to be an offer by the Customer to purchase Goods pursuant to these Conditions.
    4. These Conditions constitute the only terms of the Contract and no amendment, addition or variation to these Conditions (including any special terms and conditions agreed between the parties) shall be effective unless agreed in writing by an authorised representative of the Company.
    5. Headings are for convenience only and shall not affect the construction of these terms: the masculine shall include all genders and the singular shall include the plural: any reference to statutory provisions is a reference to such statutory provisions as amended or re-enacted from time to time.
  2. Prices and Variation
    1. Prices stated in any Estimate or communicated to the Customer are based on the prices current at the date of the Estimate or communication (as the case may be).
    2. The Company reserves the right to vary the price due to any change in the Customer's instructions.
    3. If prior to completion of Work and/or delivery of Goods the Price increases in accordance with Condition 2.2 by more than 5% (or such other figure as specified by the Company) the Company will notify the Customer of the amount of the increase the Company intends to pass on to the Customer and the Customer may by express instruction in writing cancel the Contract and pay to the Company the Price for Works carried out and/or Goods delivered in whole or in part up to the time of receipt by the Company of such notice of cancellation.
    4. The Contract may not be varied without the express consent in writing of an authorised representative of the Company. Any variations so agreed shall not constitute a new contract, but shall be deemed to be an amendment of this Contract.
  3. The Goods
    1. The quantity and description of the Goods shall be as set out in the Company's quotation.
    2. Any application lists, catalogues or advice provided by the Company as part of their sale service is as accurate as possible. In all instances the Customer is to ensure that the Goods supplied are the correct goods.
  4. Completion and Payment
    1. Unless otherwise expressly agreed in writing by an authorised representative of the Company: delivery of Goods shall be at any such address as specified by the Customer, failing which delivery of Goods shall be at the Company's premises; and payment of the Price and VAT shall be in cash, by credit or debit card, or by cheque. All account customers unless by prior agreement with the Company will pay within 30 days from the date of the invoice. Time for payment shall be of the essence.
    2. Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at the rate of 8% per annum above the base rate of The Royal Bank of Scotland plc from time to time in force.
    3. The Company may at any time and at its absolute discretion appropriate any payment by the Customer to such outstanding debt as the Company thinks fit notwithstanding any purported appropriation to the contrary by the Customer.
    4. The Company reserves the right at any time to set off any sum payable by the Company under this or any other agreement between the Company and the Customer and any sum payable by the Customer to the Company under the Contract.
    5. The Company reserves the right at any time and at its absolute discretion to demand security for payment before continuing performance of an Order.
    6. Without prejudice to the provisions of Condition 4.2 and to the Company's other rights and remedies for breach of contract or otherwise, the Company reserves the right to make a single late-payment charge to cover the Company's administrative expenses of recovery (up to but not including issue of proceedings). Such charge shall be added to and form part of the Price if the Customer does not make payment in full for the Goods or Work on or before the due date in accordance with this Condition. The amount of such charge shall be calculated at 2.5% of the total invoice Price and shall be shown as a separate item or the invoice to the Customer but payable only in the event of late payment.
    7. Subject to Clause 9 no Order which has been accepted by the Company may be cancelled by the Customer except with the consent of the Company and on terms that the Customer indemnifies the Company in full against all reasonable loss (including, without limitation, loss of profits), costs, damages, charges and/or expenses incurred by the Company as a result of cancellation.
  5. Delivery of the Goods
    1. The Customer shall inspect the Goods on delivery and shall within 7 Days of delivery notify the Company of any alleged defect, shortage in quantity, damage or failure to comply with description or sample or return of the Goods made by the Customer. The Customer shall afford the Company an opportunity to inspect the Goods within a reasonable time following delivery any before any use is made of them. If the Customer fails to comply with these provisions the Goods shall be conclusively presumed to be in accordance with the Contract and free from any defect which would be apparent on reasonable examination of the Goods and the Customer shall be deemed to have accepted the Goods.
    2. The Customer shall be deemed to have accepted delivery of the Goods 24 hours after delivery to the Customer.
  6. Acceptance of Goods
    1. After acceptance the Customer shall not be entitled to reject Goods which are not in accordance with the Contract.
  7. Title and Risk
    1. The Goods shall be at the Customer's risk as from delivery.
    2. In spite of delivery having been made property in the Goods shall not pass from the Company until:
      1. the Customer shall have paid the Price plus VAT in full; and
      2. no other sums whatever shall be due from the Customer to the Company.
    3. Until property in the Goods passes to the Customer in accordance with clause 7.2 the Customer shall hold the Goods and each of them on a fiduciary basis as bailee for the Company. The Customer shall store the Goods (at no cost to the Company) separately from all other goods in its possession and marked in such a way that they are clearly identified as the Company's property.
    4. Notwithstanding that the Goods (or any of them) remain the property of the Company the Customer may not sell or use or dispose the Goods in any way or incorporate the goods into any machinery, production line or process until the Company has received full payment of the Price plus VAT.
    5. The Company shall be entitled to recover the Price plus VAT notwithstanding that the property in any of the Goods has not passed from the Company.
    6. Until such time as property in the Goods passes from the Company the Customer shall upon request deliver up the Goods. If the Customer fails to do so the Company or any legal agent of the Company may enter upon any premises owned occupied or controlled by the Customer where the Goods are situated and repossess the Goods. By purchasing the Goods, the Customer agrees the Company may enter upon his premises.
    7. The Customer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods which are the property of the Company. Without prejudice to the other rights of the Company, if the Customer does so all sums whatever owing by the Customer to the Company shall forthwith become due and payable.
    8. The Customer shall insure and keep insured the Goods to the full Price against all risks to the reasonable satisfaction of the Company until the date that property in the Goods passes from the Company, and shall whenever requested by the Company produce a copy of the policy of insurance. Without prejudice to the other rights of the Company, if the Customer fails to do so all sums whatever owing by the Customer to the Company shall forthwith become due and payable.
    9. The Customer will at their own expense maintain the Goods to the satisfaction of the Company until title in the Goods passes to the Customer.
    10. The Customer will remain liable to the Company for any expense incurred by the Company in recovery and resale of the Goods.
  8. Loss or Damage
    1. The Company is only responsible for loss of or damage to any Vehicle or its accessories or contents caused by the negligence of the Company or its employees.
    2. Notwithstanding Clause 8.1 the Customer is strongly advised before delivering the Vehicle to the Company to remove from the Vehicle any items of personal property not related to the Vehicle. The Company shall not be liable for loss or damage to any such item remaining in the Vehicle.
    3. Where the Customer accepts or has been deemed to have accepted any Goods then the Company shall have no liability whatever to the Customer in respect of those Goods where the Customer has used the goods incorrectly, the Customer has misused the Goods from their intended use or the Customer has incorrectly fitted the Goods.
    4. The Company shall not be liable to the Customer for later delivery or short delivery of the Goods. The Company agrees to deliver short orders within 30 days.
  9. Cancellation
    1. In the event the Contract is cancelled in accordance with Condition 9 the Customer is under a duty to retain possession of, take good care of and following cancellation return the Goods to the Company:
      1. in a reasonable condition within 21 days of the cancellation of the Contract;
      2. pay to the Company any reasonable costs incurred by the Company in recovering the Goods; and
      3. the cost of any damage to the Goods damaged in transport.
  10. Returned Goods
    1. Subject to Clause 9, the Company may (at its absolute discretion) agree to rescind the Contract to the extent that it is for the supply of Goods and accept return of Goods upon the following conditions:
      1. the Goods were not specially ordered from the manufacturer or supplier for the Customer;
      2. Customers are required to check the suitability of any electrical goods before fitting them. The Company will recover any loss in value of returned Goods caused by the Customer; and
      3. the Customer pays the Company's current handling charges for returned Goods.
    2. Any order correctly supplied by the Company that is retuned by the Customer due to the Customer placing an incorrect order shall be subject to a minimum handling charge of 35% of the value of the order, if it is returned.
    3. The Customer is not entitled to return any Goods that have been made to the Customer's own specification.
    4. The Customer must pay all carriage for any item returned to the Company with the correct documentation unless the Goods are incorrectly described or defective.
    5. Where the Company has supplied the Customer with Goods that are defective the Customer should notify the Company within 7 days of the defect becoming apparent. The Company will seek to correct the fault at its absolute discretion.
    6. The Customer must give the Company a reasonable opportunity to replace or repair any items before engaging a Third Party to undertake any work. The Company will not be liable for any unnecessary costs that are incurred by the Customer or otherwise.
    7. The Customer must notify the Company immediately of any alleged defects in the Goods and must provide evidence to the Company of the fault with the returned Goods where the Customer is returning the Goods to the Company outside of the cancellation period.
  11. Guarantee
    1. Used Goods are sold with a 90-day warranty from the Company. New Goods are supplied with a manufacturer's guarantee for twelve months.
  12. Force majeure
    1. The Company will not be liable for any default due to any act of God, war, civil disturbance, malicious damage, strike, lockout, industrial action, fire, flood, drought, extreme weather conditions, compliance with any law or governmental order, rule, regulation, direction or other circumstance beyond the reasonable control of the Company.
  13. Proper law of contract
    1. This Agreement is subject to the law of England and Wales.

Consumer Terms and Conditions for Aftersales Service

  1. Definitions and Interpretation
    1. In these terms unless the context shall require otherwise:
      1. 'Company' means Dronsfields Ltd (Company Number 05371910) whose registered office is at Pennine Works Mossdown Road Royton, Oldham, England, OL2 6HS; 'Completion' means in the case of a contract for Work, the date of the Company's notice to the Customer that Work has been completed or, in the case of a Contract for the supply of Goods, the date those Goods are supplied; 'Contract' means the contract between the Company and the Customer for the sale of supply of Work and /or Goods; 'Customer' means the person, firm or company at whose request the Work is to be performed of Goods supplied; 'Estimate' means an estimate in writing given by the Company to the Customer;
      2. 'Goods' means any goods or replacement goods to be supplied by the Company under the Contract whether or not supplied in conjunction with Work;
      3. 'Manufacturer' means in respect of a Vehicle, the manufacturer of the Vehicle;
      4. 'Order' means the instructions written of otherwise received by the Company from the Customer for Work to be done or Goods to be supplied;
      5. 'Price' means the price of the Goods and/or the charge for the Work payable by the Customer to the Company;
      6. 'Vehicle' means a vehicle delivered to the Company as bailee upon which the Customer has requested the Company to carry out Work or provide an estimate of Work;
      7. 'Work' means any works to be performed on a Vehicle at the Customer's request whether by way of repairs, servicing, fitting, modification or otherwise; and
      8. 'Working Days' means all days other than Saturdays, Sundays and public holidays.
    2. These Conditions shall apply to all contracts for the sale of Goods and all Contracts for Work by the Company to the Customer to the exclusion of all other terms and conditions including any terms or conditions which the Customer may purport to apply including any purchase order, confirmation of order or similar document.
    3. All orders for Goods shall be deemed to be an offer by the Customer to purchase Goods pursuant to these Conditions.
    4. These Conditions constitute the only terms of the Contract and no amendment, addition or variation to these Conditions (including any special terms and conditions agreed between the parties) shall be effective unless agreed in writing by an authorised representative of the Company.
    5. Headings are for convenience only and shall not affect the construction of these terms: the masculine shall include all genders and the singular shall include the plural: any reference to statutory provisions is a reference to such statutory provisions as amended or re-enacted from time to time.
  2. Prices and Variation
    1. Prices stated in any Estimate or communicated to the Customer are based on the prices current at the date of the Estimate or communication (as the case may be).
    2. The Company reserves the right to vary the price due to any change in the Customer's instructions.
    3. If prior to completion of Work and/or delivery of Goods the Price increases in accordance with Condition 2.2 by more than 5% (or such other figure as specified by the Company) the Company will notify the Customer of the amount of the increase the Company intends to pass on to the Customer and the Customer may by express instruction in writing cancel the Contract and pay to the Company the Price for Works carried out and/or Goods delivered in whole or in part up to the time of receipt by the Company of such notice of cancellation.
    4. The Contract may not be varied without the express consent in writing of an authorised representative of the Company. Any variations so agreed shall not constitute a new contract, but shall be deemed to be an amendment of this Contract.
  3. The Goods
    1. The quantity and description of the Goods shall be as set out in the Company's quotation.
    2. Any application lists, catalogues or advice provided by the Company as part of their sale service is as accurate as possible. In all instances the Customer is to ensure that the Goods supplied are the correct goods.
  4. Completion and Payment
    1. Unless otherwise expressly agreed in writing by an authorised representative of the Company:
      1. delivery of Goods shall be at any such address as specified by the Customer, failing which delivery of Goods shall be at the Company's premises; and
      2. payment of the Price and VAT shall be in cash or by credit or debit card or by cheque. All account customers unless by prior agreement with the Company will pay within 30 days from the date of the invoice. Time for payment shall be of the essence.
    2. Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at the rate of 8% per annum.
    3. The Company may at any time and at its absolute discretion appropriate any payment by the Customer to such outstanding debt as the Company thinks fit notwithstanding any purported appropriation to the contrary by the Customer.
    4. The Company reserves the right at any time to set off any sum payable by the Company under this or any other agreement between the Company and the Customer and any sum payable by the Customer to the Company under the Contract.
    5. The Company reserves the right at any time and at its absolute discretion to demand security for payment before continuing performance of an Order.
    6. Without prejudice to the provisions of Condition 4.2 and to the Company's other rights and remedies for breach of contract or otherwise, the Company reserves the right to make a single late-payment charge to cover the Company's administrative expenses of recovery (up to but not including issue of proceedings). Such charge shall be added to and form part of the Price if the Customer does not make payment in full for the Goods or Work on or before the due date in accordance with this Condition. The amount of such charge shall be calculated at 2.5% of the total invoice Price and shall be shown as a separate item or the invoice to the Customer but payable only in the event of late payment.
    7. Subject to Clause 9 no Order which has been accepted by the Company may be cancelled by the Customer except with the consent of the Company and on terms that the Customer indemnifies the Company in full against all reasonable loss (including, without limitation, loss of profits), costs, damages, charges and/or expenses incurred by the Company as a result of cancellation.
  5. Delivery of the Goods
    1. The Customer shall inspect the Goods on delivery and shall as soon as practicable notify the Company of any alleged defect, shortage in quantity, damage or failure to comply with description or sample or return of the Goods made by the Customer. The Customer shall afford the Company an opportunity to inspect the Goods within a reasonable time following delivery before any use is made of them.
  6. Title and Risk
    1. The Goods shall be at the Customer's risk as from delivery.
    2. In spite of delivery having been made property in the Goods shall not pass from the Company until:
      1. the Customer shall have paid the Price plus VAT in full; and
      2. no other sums whatever shall be due from the Customer to the Company.
    3. Until property in the Goods passes to the Customer in accordance with clause 7.2 the Customer shall hold the Goods and each of them on a fiduciary basis as bailee for the Company. The Customer shall store the Goods (at no cost to the Company) separately from all other goods in its possession and marked in such a way that they are clearly identified as the Company's property.
    4. Notwithstanding that the Goods (or any of them) remain the property of the Company the Customer may not sell or use or dispose the Goods in any way or incorporate the goods into any machinery, production line or process until the Company has received full payment of the Price plus VAT.
    5. The Company shall be entitled to recover the Price plus VAT notwithstanding that the property in any of the Goods has not passed from the Company.
    6. Until such time as property in the Goods passes from the Company the Customer shall upon request deliver up the Goods. If the Customer fails to do so the Company or any Legal Agent of the Company may enter upon any premises owned occupied or controlled by the Customer where the Goods are situated and repossess the Goods. By purchasing the Goods, the Customer agrees the Company may enter upon his premises.
    7. The Customer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods which are the property of the Company. Without prejudice to the other rights of the Company, if the Customer does so all sums whatever owing by the Customer to the Company shall forthwith become due and payable.
    8. The Customer will at their own expense maintain the Goods to the satisfaction of the Company until title in the Goods passes to the Customer.
    9. The Customer will remain liable to the Company for any expense incurred by the Company in recovery and resale of the Goods. The Customer's statutory rights are not affected.
  7. Loss or Damage
    1. The Company is only responsible for loss of or damage to any Vehicle or its accessories or contents caused by the negligence of the Company or its employees.
    2. Notwithstanding Clause 8.1 the Customer is strongly advised before delivering the Vehicle to the Company to remove from the Vehicle any items of personal property not related to the Vehicle. The Company shall not be liable for loss or damage to any such item remaining in the Vehicle.
    3. Where the Customer has purchased Goods instore, then the Company shall have no liability whatever to the Customer in respect of those Goods where the Customer has used the goods incorrectly, the Customer has misused the Goods from their intended use or the Customer has incorrectly fitted the Goods.
    4. The Company shall not be liable to the Customer for late delivery where Goods are delivered within 30 days of purchase.
  8. Cancellation
    1. In the event the Customer is acting as a consumer in a distance contract as defined by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 the Customer may cancel the Contract beginning 14 days after the Customer receives the Goods and the Customer may receive a refund of the Price.
    2. In the event the Contract is cancelled in accordance with Condition 8.1 the Customer is under a duty to retain possession of, take good care of and following cancellation return the Goods to the Company:
      1. in a reasonable condition within 14 days of the cancellation of the Contract;
      2. pay to the Company any reasonable costs incurred by the Company in recovering the Goods;
      3. where the Customer arranges for the return of the Goods, the cost of any damage to the Goods damaged in transport; and
      4. Where the Customer arranges for the return of the Goods to the Company, then the cost of returning any such Goods shall be borne by the Customer.
    3. In the event that the Company has rendered any services before cancellation of the Contract, the full cost of such services shall be paid by the Customer.
    4. Where the Customer cancels the contract and the value of the Goods has been diminished due to use by the Customer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the Company reserves the right to deduct that loss in value of the Goods from any eventual reimbursement.
    5. Where the Goods do not meet the statutory criteria, the Customer can request a refund. This will be paid within 14 days of the Company's acceptance to provide a refund.
  9. Returned Goods
    1. Subject to Clause 8, the Customer may rescind the Contract to the extent that it is for the supply of Goods and may return to the Company the Goods upon the following conditions:
      1. where the Customer acting as a Customer in a distance contract returns the Goods within 14 days after delivery;
      2. the Customer has a duty to take reasonable care of any Goods in their possession during the cancellation period. This does not affect the Customer's statutory rights. Customers are required to check the suitability of any electrical goods before fitting them. The Company will recover any loss in value caused by the Customer; and
      3. the Customer pays the Company's current handling charges for returned Goods.
    2. Except where a Customer is acting as a consumer under a distance contract and the cancellation period has not yet passed, any order correctly supplied by the Company that is retuned by the Customer due to the Customer placing an incorrect order shall be subject to a minimum handling charge of 35% of the value of the order.
    3. The Customer is not entitled to return any Goods that have been made to the Customer's own specification, unless they are not as described, not of satisfactory quality or unfit for purpose.
    4. Where the Company has supplied the Customer with Goods that are defective the Customer should notify the Company within 30 days after the defect becoming apparent and the Company shall either issue a refund or repair or replace the defective Goods.
    5. The Customer must give the Company a reasonable opportunity to replace or repair any items before engaging a Third Party to undertake any work. The Company will not be liable for any unnecessary costs that are incurred by the Customer or otherwise.
    6. The Customer must notify the Company as soon as practicable upon discovery of any alleged defects in the Goods. Where a Customer purchases new Goods, and where more than 6 months have elapsed since purchase, he must provide evidence to the Company of the fault with the returned Goods where the Customer is returning the Goods to the Company. Where the Customer returns the Goods after 30 days, the Company reserves the right to issue a refund, but will repair or replace the defective Goods.
    7. Where Goods are new and the Customer observes a defect or fault which appears after 6 months, the burden will be on the Customer to show that the defect or fault was not caused through use of the Goods by him, but existed at purchase.
  10. Guarantee
    1. Used Goods are sold with a 90-day warranty from the Company. New Goods are supplied with a manufacturer's guarantee for 12 months.
  11. Force majeure
    1. The Company will not be liable for any default due to any act of God, war, civil disturbance, malicious damage, strike, lockout, industrial action, fire, flood, drought, extreme weather conditions, compliance with any law or governmental order, rule, regulation, direction or other circumstance beyond the reasonable control of the Company.
  12. Proper law of contract
    1. This Agreement is subject to the law of England and Wales.
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