In these conditions, unless the context requires otherwise :

1. Definitions
1.1 Buyer means the person who buys or agrees to buy the goods from the Seller;
1.2 Conditions means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller;
1.3 Delivery Date means the date specified by the Seller when the goods are to be delivered;
1.4 Goods means the articles which the Buyer agrees to buy from the Seller;
1.5 Price means the price for the Goods excluding carriage, packing, insurance and VAT;
1.6 Seller means AET Turbos

2. Conditions Applicable
2.1 These conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
2.2 All orders for Goods shall be deemed to be conclusive evidence of the Buyer's approval of and consent to the terms and conditions herein contained.
2.3 Acceptance of delivery of these Goods shall be deemed further conclusive evidence of the Buyer's acceptance of these conditions.
2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

3. Orders
3.1 All orders should be made by the Buyer to the Seller at Normanton Industrial Estate, Normanton, Wakefield WF6 1TE, England or to such other address as may be subsequently be notified by the Seller.

4. Price and Payment
4.1 The price shall be the price set out on the invoice. All prices are net ex works and, unless otherwise stated do not include carriage, insurance charges, taxes, imposts, VAT or any other similar charges.
4.2 Subject to paragraph 6, payment is due on the date on the invoice and the Seller reserves the right to require payment before collection or despatch of Goods

5. Interest on Invoices
5.1 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 2% above Lloyds Bank plc base rate from time to time in force and shall accrue at such a rate after as well as before any judgement

6. Credit Accounts  United Kingdom Buyers Only
6.1 Following a successful credit application by a Buyer to the Seller, payment becomes due 30 days from the date of invoice. Buyers who exceed these credit terms will have goods/services suspended and their account put under review at the discretion of the Seller. The Seller reserves the right to charge interest on the amount outstanding at the aforementioned rate of interest as stipulated in paragraph 5 until all amounts owed by the buyer over the 30 day time limit are paid in full.

7. Overseas Buyers
7.1 Payment shall, unless otherwise agreed, be by Bank transfer into the account of the Seller at such United Kingdom Bank as they shall nominate from time to time. Any and all Bank Charges incurred by this transaction to be paid in full by the Buyer. All Overseas Buyers accept that payment in full must be made by the aforementioned means before despatch of goods by the Seller to the Buyer.

8. Retention of Title
8.1 Ownership of the Goods shall not pass to the Buyer until they are fully paid for, but the risk in the goods shall be borne by the Buyer from the date of dispatch by the Seller or its agents to the Buyer. As such it shall be the responsibility of the buyer to insure the goods for their full re-instatement value from the date of dispatch by the seller.
8.2 In the event of the Buyer defaulting on payment for any reason including bankruptcy or insolvency the Buyer hereby authorises the Seller to enter the Buyer's property where the Goods are stored and remove all Goods supplied by the Seller up to the value of the debt. In this case, the Seller shall give credit to the Buyer for all Goods repossessed.
8.3 The Seller shall be entitled to repossess Goods in the manner detailed in the aforementioned paragraph and also if it shall serve a Notice in writing upon the Buyer to pay within seven days the full price of the Goods, and if in these circumstances the Buyer refuses and/or fails to pay. In the circumstances the Seller gives to the Buyer the right to enter upon its premises for the purpose of removing such goods up to the value of the debt.
8.4 The Seller retains ownership in the goods delivered as against the Buyer until the full purchase price has been paid. If any of the Goods are incorporated in or used as material for other goods before payment to the seller, the property in the whole of those Goods shall remain with the Seller until payment shall have been received or the other Goods shall have been sold and all the Company's rights under this Agreement in the material shall extend to those other Goods. The Sellers rights to the material and/or the other Goods is recognised in this Agreement and it is the intention of both parties that ownership of the material and/or Goods shall vest in the Seller.
8.5 The quantity and description of the Goods shall be as set out in the Seller's quotation or invoice.

9. Warranties
9.1 The receipt of information from the Buyer and the dispatch or delivery by the Seller of the Goods specified in any order/invoice does not in any way imply a warranty that the Goods will be suitable for the purposes disclosed. Subject to the following all implied terms, conditions and warranties relating to the quality and/or fitness for purpose of the Goods or any of the Goods are excluded to the fullest extent permitted by law.
9.2 Subject to clause 10.2, the Seller warrants to the Buyer its reconditioned Goods against faulty workmanship and components for twelve months, or fifty thousand miles, whichever is reached first (from the date of invoice). In the case of petrol engine turbochargers, the Seller warrants for a period of twelve months or twelve thousand miles, whichever is reached first after the date of the invoice to the Buyer. If the seller, at it's sole discretion, replaces or repairs goods under the terms of its warranty, free of charge or otherwise, the warranty period shall not extend beyond the original warranty period commencing from the original invoice date.
9.3 In the case of repaired turbochargers, i.e. turbochargers upon which the buyer shall ask the seller to carry out repair works, the warranty provided for such turbochargers is limited to the parts supplied and the workmanship involved in repairing said turbochargers. No additional warranty is given and the warranty for said parts and workmanship shall be for twelve months, or fifty thousand miles, whichever is reached first from the date of the invoice on diesel engine turbochargers, and twelve months or twelve thousand miles, whichever is reached first after date of invoice on petrol engine turbochargers.
9.4 In the event of any Goods failing to meet with the terms of this warranty, the Buyer shall give written notice to the Seller within thirty days from discovery of such defect(s) and the Seller shall have the right at its discretion either to repair or replace such Goods free of charge. Proof and date of original purchase of the Goods by the Buyer is required before any repair/replacement work can or will be carried out. In this eventuality, all Goods must be returned to the Seller complete and untampered with, whereupon the Seller will issue a written report on the condition of the Goods with a view to remedying the defect(s). If the defect/fault is found to be outside the terms of this warranty, the Buyer will be required to sign and return the report agreeing to the findings whereupon a charge will then be levied for remedial works. In the event of any dispute, the parties may jointly opt to commission an Independent Engineer's report, who may also act as an independent arbitrator. In this event the Buyer and Seller agree to abide by the decision of any agreed arbitrator, or if an arbitrator cannot be agreed upon, the Buyer and Seller agree that one shall be appointed by The Law Society for England and Wales. The parties agree that the cost of the arbitration report and any necessary hearing shall be paid in accordance with the discretion of the arbitrator.
9.5 No part of this warranty will apply in the event of either the turbocharger or the engine being modified by buyer or seller to increase power output. This shall broadly mean any alterations to the manufacturers standard boost pressures or fuel settings and/or any use or device to modify any of the aforementioned.
9.6 No warranty is given for hybrid turbochargers or modified turbochargers used for racing or competition, or in any case where the manufacturers specifications including standard boost pressures or fuel settings have been exceeded or changed by any device or means. However if a problem shall arise, entirely without prejudice to the previous content of this clause, the seller will if it is possible, attempt to assist in the identification of the problem so as to assist in the resolution of the problem, either free of charge or at a price to be agreed between the parties before commencement of the investigative work. For the avoidance of any doubt, this assistance shall be voluntary on the part of the seller and shall not be a legal requirement under these conditions.
9.7 No warranty is given unless the Buyer has engaged a competent person or persons to remove, refit or install goods in accordance with vehicle manufacturers instructions as well as the Sellers instructions. No warranty shall be given unless the Buyer shall provide, in the form of receipts, proof that routine servicing has been carried out as the vehicle manufacturers recommendations following installation of the Goods.
9.8 This warranty is in addition to and does not detract from the contractual rights that you have under statute and/or common law.

10. Exchange Turbochargers
10.1 The Seller may decide to accept an exchange turbocharger from the Buyer in part consideration for the price (this shall not affect the price stated on the invoice unless so stated). To be acceptable for exchange all exchange units must conform to the following conditions:
a. be complete and untampered with;
b. the same part number as invoiced by the Seller as the units supplied, complete with nameplate;
c. rotor assemblies must not be broken or seized and the unit must be in an off engine condition;
10.2 It shall be the responsibility of the Buyer to deliver the exchanged turbocharger to the Seller within 30 days of the date of invoice and the turbocharger unit shall not be deemed as accepted by the Seller unless and until it is notified in writing that it is of an acceptable quality and condition by Buyer to Seller. No warranty shall apply to the turbocharger provided by Seller to Buyer until the exchanged turbocharger has been supplied and accepted by the Seller.
10.3 The cost of returning exchanged turbochargers shall be the sole responsibility of the Buyer, be they an Overseas Buyer or within the United Kingdom.
10.4 A surcharge of £200.00 plus VAT shall be applied to the exchanged turbocharger by the Seller if the turbocharger unit is not delivered to the Seller by the Buyer on or before delivery of the Goods by Seller to Buyer. If an exchanged turbocharger is deemed unacceptable, then it will be made available for return to the Buyer by the Seller, but the cost of carriage from Seller to Buyer must be paid by the Buyer.

11. Return of Goods
No credit will be given for refused goods unless in re-saleable condition and original invoice is quoted and the seller reserves the right to deduct a 20% handling charge on all such good supplied correct to order.

12. Limited Liability
12.1 In no event shall the Seller be liable for any direct, indirect or consequential loss or damage of any kind howsoever caused arising from the sale or use of the Goods nor for any diminution in value of the Goods or components into which they are transferred consequent upon or resulting from the use of the Goods by the buyer or its customers. Without prejudice to any of the foregoing, the liability of the Seller on any purported claim for loss or liability arising out of or connected with any sale or use of any Goods covered by these conditions shall in no case exceed the unit price of the Goods or parts thereof involved. The limit of liability shall not apply to any claim for death or personal injury resulting from the negligence of the Seller.

13. Delivery and Forwarding Arrangements
13.1 The Seller shall not be liable for any loss or damage whatsoever due to the failure by the Seller to deliver the Goods (or any of them promptly or at all).
13.2 Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any of them promptly) the Buyer shall be bound to accept delivery and to pay for the Goods in full provided that delivery shall be tended at any time within three months of the delivery date.
13.3 The Buyer shall promptly obtain all necessary export licenses, clearances and other consents necessary for the supply of the Goods. The Buyer shall promptly upon request supply all documents reasonably required by the Seller for this purpose.
13.4 The cost of carriage shall be the responsibility of the Buyer and shall be incorporated in the price of Goods unless otherwise stated. The Seller reserves the right to charge such additional carriage costs as may be incurred, also charges to FOB British Port unless otherwise stated.
13.5 These terms and conditions are subject to The Law of England and Wales.
13.6 Any provisions of these conditions that are or may be void or unenforceable shall alter these conditions to the extent of such invalidity or unenforceability only and be deemed severable and shall not affect any other provision or term of those conditions.
13.7 No waiver or forbearance by the Seller (whether express or implied) in enforcing any of its rights under these terms shall prejudice its right to do so in the future.