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Terms & Conditions

Warranty and Returns

All new parts sold have a twelve months warranty (some Britpart/Allmakes have have twenty four months warranty) . The company (Island 4x4 Kent Ltd) will replace or credit the purchaser with the value of any defective goods within six months from invoice date.The company (Island 4x4 Kent Ltd) shall in no circumstance be liable for any consequential loss or damage ie. cost of return post, labour or any other costs. All warranty items must be returned to us with a copy of the purchase invoice prior to exchange or refund. There will be a 15% re-stocking fee on all other returns. **ALL PART MANUFACTURERS PART NUMBERS ARE USED FOR REFERENCE ONLY**

Island 4x4 (Kent) Limited Terms and Conditions of Sale

1.         INTERPRETATION
1.1       The definitions and rules of interpretation in this condition apply in these conditions.
“Buyer” means the person, firm or company who purchases the Goods from the Company.
“Company” means Island 4x4 (Kent) Limited (company registered number 06357187) whose registered office is at 29 High Street, Blue Town, Sheerness, Kent ME12 1RN.
“Company’s Website” means www.island-4x4.co.uk or such other website as the Company may from time to time designate as its website.
“Contract” means any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these conditions.
“Goods” means any goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them).
1.2       Words in the singular include the plural and vice versa and references to any gender include each other gender.

2.         APPLICATION OF TERMS
2.1       Subject to any variation under condition 2.2 the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).
2.2       These conditions apply to all the Company's sales and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by an authorised signatory of the Company. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract.
2.3       By using the Company’s Website, placing an order for goods and/or registering as a member of the Company’s Website the Buyer confirms their agreement to these terms and conditions or as varied by Clause 2.2.

3.         DESCRIPTION
3.1       All samples, drawings, descriptive matter, specifications and advertising issued or displayed by the Company and any descriptions or illustrations contained in the Company's catalogues, brochures or on the Company’s Website are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and this is not a sale by sample.
3.2       The Company will attempt to ensure that the information available on the Company’s Website at any time is accurate. However, the Company will not be liable for any errors or omissions. The Company will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these.
3.3       The Company may also change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content or restrict access to parts or the entire website without notice or liability.

4.         PRICING AND AVAILABILITY
4.1       The prices of the Goods are as indicated on the Company’s Website or as notified to the Buyer and all prices exclude V.A.T. (at 20%) or the prevailing rate.
4.2       The Company reserves the right at any time to increase the price of the Goods if a price increase is imposed on the Company by any of its suppliers and the Company will inform the Buyer if the actual prices and charges are different from those stated on the order.
4.3       If the actual prices or charges are higher than those on the order, the Buyer may cancel the order in accordance with Clause 9.1.
4.4       If the actual prices and charges are lower, the Company will charge the lower amount.
4.5       If the order is to be delivered to an address outside the United Kingdom the Buyer may have to pay import duties and taxes. The Buyer should contact their local customs authorities for details and it will be the Buyer’s responsibility to pay any import duties taxes or other charges due and the Buyer will indemnify the Company against such charges.
4.6       The Company will inform the Buyer by email or phone if any item ordered is unavailable but the Company shall not supply any substitute goods of an equivalent quality or price and the Buyer will be required to place a new order for any other product they require.

5.         PAYMENT
5.1       The Company will accept payment by most major credit or debit cards including Visa, MasterCard, Solo, Delta and Maestro cards however the Company is unable to process orders placed using American Express and Diners Club cards.
5.2       Payment will be debited instantly when placing a online order. The Company has no access to view payment card details. 5.3       The Buyer undertakes and warrants that all details provided to the Company when placing the order are correct, that any credit or debit card used belongs to the Buyer, and that there are sufficient funds to cover the price of the items ordered and the Company’s delivery charges.
5.4       All orders placed via the internet or over the phone are treated as mail order transactions and once payment has been received by the Company it will as soon as reasonably possible delete the security code (the last three digits of the number printed on the back of the payment card) of the payment card from its systems but the Company may at its discretion keep other card payment details as it deems necessary.
5.5       The Company reserves the right to cancel any order without notice should sufficient funds not be available.
5.6       Time for payment shall be of the essence.
5.7       All payments payable to the Company under the Contract shall become due immediately on its termination despite any other provision.
5.8     The Buyer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Buyer.
5.9     If the Buyer fails to pay the Company any sum due pursuant to the Contract, the Buyer shall be liable to pay interest to the Company on such sum from the due date for payment at the rate of four per centum per annum above the base lending rate from time to time of Barclays Bank plc, accruing on a daily basis until payment is made, whether before or after any judgment.

6.         DELIVERY AND COST OF DELIVERY
6.1       The Goods will be delivered to the Buyer at the address provided by the Buyer when placing an order if payment is made in cash or by cheque otherwise the Goods will be delivered to the payment card holder’s address or if collected by the Buyer from the Company’s place of business then delivery shall take place at the point the Buyer collects the Goods.  Deliveries will only be made to a third party address at the Company’s discretion except for orders placed via www.ebay.co,uk or other “EBay” websites in which case deliveries will only be made to the card holder’s address .
6.2       The risk in the Goods shall pass to the Buyer upon such delivery taking place.
6.3       It is the Buyer’s responsibility to be present at the delivery address or arrange for another person to be there in order to sign for the Goods and inspect them for damage and to confirm they are the correct items.
6.4       If for any reason the Buyer fails to accept delivery of any of the Goods when they are ready for delivery, or the Company is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations:
(a)        risk in the Goods shall pass to the Buyer (including for loss or damage caused by the Company's negligence);
(b)        the Goods shall be deemed to have been delivered; and
(c)        the Company may store the Goods until delivery, whereupon the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance) together with the costs and expenses of any further attempted delivery.
6.5       Upon return of the Goods to the Company where the Buyer has failed to accept delivery or the Company has been unable to deliver them in accordance with Clause 6.4 the Company may:
(a)        terminate the Contract;
(b)        refund the price paid for the Goods to the Buyer less any amount for the cost of original attempted delivery to the Buyer and for the avoidance of doubt this sum shall be payable even if the Goods were originally delivered free of charge to the Buyer and the cost of returning the Goods to the Company together with any storage costs and expenses; and
(c)        where the cost of the Goods is not sufficient to cover the costs incurred in 6.5 (b) above the Company may make a charge to the Buyer for the balance of those costs.
6.6       Upon return of the Goods to the Company where the Buyer has failed to accept delivery or the Company has been unable to deliver them in accordance with Clause 6.4 the Buyer may arrange with the Company for the Goods to be redelivered at the Company’s absolute discretion and subject to the payment of an additional delivery charge.
6.7       The Company aims to dispatch all orders placed before 2.00pm GMT the same day however any dates quoted for delivery of the Goods are approximate only and the Company shall not be liable for any delay in delivery of the Goods howsoever caused.
6.8       United Kingdom deliveries to Northern Ireland, Isle of Man, Isles of Scilly,  Islands of Scotland, Isle Of Wight can take longer to deliver and cost of delivery is available on request. The website will add the cost of sending ONE parcel to your order total. If additional parcels are required to send your order we will email you with the cost of this and if this is not satisfactiory you can cancel your order.6.9       Deliveries to those parts of the United Kingdom not mentioned in Clause 6.8 where the total cost of the order is £50.00 (excluding VAT) or more and the order has been placed through the Company’s Website will be sent free of charge via Fed Ex or such other carrier as the Company deems suitable on a next working day service (not guaranteed) signature required.  The Company reserves the right to increase the amount over which free delivery will be given and the Buyer will be informed of delivery charges as soon as reasonably practicable.
6.10     Deliveries to those parts of the United Kingdom not mentioned in Clause 6.8 where the order is not eligible for free delivery under Clause 6.9 are subject to a £5.00 plus VAT delivery charge.  The Company reserves the right to increase the amount the delivery charge and the Buyer will be informed of delivery charges as soon as reasonably practicable
6.11     Deliveries to mainland Europe will be charged at prices from £10.00 dependant on size and weight of the Goods and this will be automatically calculated at the checkout on the Company’s Website or notified to the Buyer by some other method before purchase.
6.12     The Company may add a surcharge for large orders when the Company has to send more than one parcel (Please contact the Company for further details).
6.13     The Company can ship worldwide and the Buyer should enquire from the Company as to the cost of delivery to a destination not mentioned in this Clause 6.

7.         TITLE
7.1       Ownership of the Goods shall not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of:
(a)        the Goods; and
(b)        all other sums which are or which become due to the Company from the Buyer on any account.
7.2       Until ownership of the Goods has passed to the Buyer, the Buyer shall:
(a)        hold the Goods on trust for the Company;
(b)        store the Goods (at no cost to the Company) separately from all other goods of the Buyer or any third party in such a way that they remain readily identifiable as the Company's property;
(c)        not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and
(d)        maintain the Goods in satisfactory condition and keep them insured on the Company's behalf for their full price against all risks to the reasonable satisfaction of the Company. On request the Buyer shall produce the policy of insurance to the Company.
7.3       The Buyer may resell the Goods before ownership has passed to it solely on the following conditions:
(a)        any sale shall be effected in the ordinary course of the Buyer's business at full market value; and
(b)        any such sale shall be a sale of the Company's property on the Buyer's own behalf and the Buyer shall deal as principal when making such a sale.
7.4       The Buyer's right to possession of the Goods shall terminate immediately if:
(a)        the Buyer has a bankruptcy  petition or order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Buyer or notice of intention to appoint an administrator is given by the Buyer or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding-up of the Buyer or for the granting of an administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer; or
(b)        the Buyer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe or perform any of his/its obligations under the Contract or any other contract between the Company and the Buyer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Buyer ceases to trade; or
(c)        the Buyer encumbers or in any way charges any of the Goods.
7.5       The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Company.
7.6       The Buyer grants the Company, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Buyer's right to possession has terminated, to recover them.
7.7       Where the Company is unable to determine whether any Goods are the goods in respect of which the Buyer's right to possession has terminated, the Buyer shall be deemed to have sold all goods of the kind sold by the Company to the Buyer in the order in which they were invoiced to the Buyer.
7.8       On termination of the Contract, howsoever caused, the Company's (but not the Buyer's) rights contained in this condition 5 shall remain in effect.

8.         QUALITY
8.1       In the event that the Goods are believed to be defective then the Buyer should contact the Company immediately on becoming aware of the defect by telephone on 01622 693884 and the Company will then refer to the manufacturer, due to their extensive knowledge of their product and their warranty procedure as the warranty is provided by the manufacturer and not the Company.
8.2       If the manufacturer determines that the Goods are faulty the Company shall at its option repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate and refund the postage costs incurred by the Buyer in returning the Goods to the Company subject to the Buyer providing the Company with satisfactory proof of such costs.
8.3       If the Company complies with condition 8.2 it shall have no further liability in respect of such Goods.
8.4       If following the testing process the Goods are found to be in good working order without defect, the Company will return the Goods to the Buyer, and the carriage costs of this return will be the Buyer’s responsibility.
8.5       A restocking fee of 15% is charged on returns of Goods that have proved to be non-defective and this is payable by the Buyer to the Company on demand.
8.6       If the Buyer has, in the meantime, required the Company to provide replacement Goods before completion of the testing process, the Buyer will also be liable to pay for the replacement Goods on demand.
8.7       If, when the Goods are examined, it is evident that the defect has arisen because the Buyer has failed to follow the manufacturer's instructions as to installation, use or maintenance of the Goods, or if the Goods have been altered without the Company’s consent then the Company reserves the right to refuse or limit any refund.
8.8       The Buyer should note that the Company adheres to individual manufacturers' guidelines in respect of acceptable deviation of quality of certain items. Therefore, the Company reserves the right not to accept Goods considered by the Buyer to be defective if the error or fault is within the manufacturer's accepted manufacturing tolerances. If the Buyer has any doubt, they should contact the Company.

9.         CANCELLATIONS AND RETURN OF GOODS
9.1       Cancellations:                       If the Buyer wishes to cancel their order before it is dispatched the Buyer should contact the Company immediately by telephone on 01622 693884.
9.2       An order cannot be cancelled once it has been dispatched or while it is in transit and must be dealt with as a return under Clause 9.3. 
9.3       Returns:         If the Buyer is not totally satisfied with its purchase, they can return it to the Company within 30 days from delivery of the Goods for a refund provided it is in its original condition as sent to the Buyer and in its original box and packaging. The manufacturer’s packaging must not be defaced.  The Company advises, for the Buyer’s protection that any return items are sent via an insured method of delivery which requires a signature. The Buyer must take reasonable care to ensure that the Goods are properly packaged so that they will not be damaged whilst in transit. The Company will not refund carriage charges applied to the initial order and neither will it pay for the cost of returning the items to the Company. If original delivery was made free of charge to the Buyer the Buyer will pay to the Company on demand the cost of such delivery and the Company reserves the right to deduct these costs from any refund given. The Company will not be responsible for any items not received.
9.4       The Company reserves the right to charge the Buyer a restocking fee of 15% of the original invoice value on any items returned to the Company under Clause 9.3 after 7 days from the time the Goods are delivered.
9.5       Returns due to damage in transit:   As internal damage cannot always be identified on delivery, the Buyer must sign the drivers manifest as “unchecked”. Should any damage be identified on opening the package, the Company must be notified within 48 hours of the exact damage. It is imperative that the Buyer does not dispose of any of the packaging, as this will be required to affect a claim against the carrier. The Company will check all items returned as damaged, and an arrangement will be made to collect the damaged goods and replacements will be sent once the damaged goods have been inspected. 
9.6       Returns due to incorrect Goods delivered:            The Buyer should notify the Company by telephone on 01622 693884 of any incorrect Goods supplied within 48 hours of delivery. If the items are not as ordered, the Buyer must not open the manufacturers packaging or use the item. The Company will pay the Buyer’s reasonable costs of returning the Goods to the Company by refunding the Buyer’s reasonable return postage costs. If the Company has arranged for a courier collection of the Goods, this will normally occur between 9.00am and 3.00pm. A precise collection time cannot be specified, the Buyer should ensure that someone will be present at the collection address when the courier arrives. Refunds will usually be made within 5 days of the Company receiving the return subject to the Goods being in their original condition as sent to the Buyer and original packaging and box.
9.7       The Buyer should include a copy of the invoice for the Goods with all returns.

10.       REFUNDS
All refunds will be issued to the same payment method as on the original order. A refund will usually reach the Buyer’s credit card account within 5 working days after it being processed, please allow up to 10 working days for it to be credited.

11.       LIMITATION OF LIABILITY
11.1     This condition 11 sets out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of:
(a)        any breach of the Contract;
(b)        any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; and
(c)        any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.
11.2     All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this contract.
11.3     Nothing in these conditions limits or excludes the liability of the Company:
(a)        for death or personal injury resulting from negligence; or
(b)        for any damage or liability incurred by the Customer as a result of fraud or
fraudulent misrepresentation by the Company;
11.4     Subject to condition 11.2 and condition 11.3 the Company shall not be liable for any loss whether direct, indirect, consequential or otherwise and the total liability of the Company in contract, misrepresentation, or otherwise arising in connection with the performance or non-performance of the Contract shall be limited to the price paid for the Goods.

12.       ASSIGNMENT
12.1     The Company may assign the Contract or any part of it to any person, firm or company.
12.2     The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.

13.       PERSONAL DATA
The Buyer acknowledges and agrees that details of the Buyer's name, address, payment record and other personal data will be processed by and on behalf of the Company.

14.       FORCE MAJEURE
The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.

15.       GENERAL
15.1     Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
15.2     If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
15.3     Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
15.4     Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
15.5     The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
15.6     The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.