- Any reference to Company, Seller, We, or Us shall mean Nirro Ltd. Nirro Ltd is registered to Units ABC Lyon Business Park, 11 River Road, Barking, Essex IG11 0JS, United Kingdom. Company Reg. No.4050459 England VAT No. GB 760 8483 10 who sell or supply used car parts and accessories in the course of their trade or business.
- Nirro Ltd is a business that sells or supplies used car parts and accessories in the course of their trade or business.
- Any reference to “You”, “Buyer”, or “Purchaser” in this document shall mean the trader for the purposes of entering into a contract for sale or contractual relations with Nirro Ltd.
- The terms and conditions set out in this document are only applicable to traders. Person(s) acting in the course of their business, trade, craft, or profession do not act as a consumer and are classified as traders.
- Goods or equipment ordered shall mean the items detailed in the appropriate section of the sales/order form. The trader will be provided with the requisite information and opportunity to inspect the item(s) detailed in the sales/order form prior to purchase. If such order is not concluded at our premises, the information shall be provided to the trader in writing. The trader will have the opportunity to inspect the item upon delivery where the item(s) form the subject of an off-premises contract and the statutory time for return shall run from date of delivery of the item to the consumer.
- Any additional parts, connecting components, or ancillary items that are not detailed within the sales order form, shall be additional to this agreement. Where the trader cancels their contract with Nirro, all ancillary contracts shall be deemed cancelled.
- Price shall mean the consideration due for purchase of the traders’ order/ performance of contract. The price shall include VAT, including where the trader purchases through eBay.
- In respect of orders placed via the Internet, such orders shall be mere offers to purchase and shall not be accepted or binding upon the Company until confirmed or acknowledged in writing by the Company by means of invoice or statement confirming acceptance of your order or by despatch of goods to you. Order acknowledgement sent by the Company subsequent to the order and payment shall not amount to confirmation of order.
- Nirro 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.
- “Working day” shall mean any day excluding Saturdays, Sundays and Bank Holidays.
- These conditions shall apply to all of the quotations and contracts, orders (including telephone, facsimile transmittal, postal and internet orders) for the sale or supply of goods provided by Nirro Ltd and accepted by Nirro Ltd.
- The company reserves the right to amend technical or clerical errors in any order without notice. The trader shall take reasonable steps to ensure the accuracy of all details contained within their order prior to submission to Nirro Ltd.
- Nirro Ltd does not accept liability for any error or inaccuracy in any order placed by a trader unless notified of such error within 14 days of delivery or receipt of any document containing the said error. Where the error or inaccuracy is the fault of Nirro Ltd, and the trader notifies us of the inaccuracy, we do not limit our liability to the consumer nor their right to return the order.
LIMITATIONS UPON LIABILITY
- Assistance from agents or servants of this company during telephone/Internet orders is based entirely upon information given by the purchaser with no inspection undertaken. As such, all such assistance given to the purchaser in these circumstances is indicative only and does not form an express or implied part of our contract.
- Goods supplied by Nirro are supplied only to correspond to the purpose for which goods of that kind are commonly supplied. No liability for any losses howsoever caused can be accepted by Nirro where the trader makes alternative use or modification(s) of the goods supplied by Nirro to the trader. Additionally, where the trader makes alternative use or modification(s) to the goods, Nirro will shall not be liable to refund the trader for the goods purchased (and then modified or put to alternative use) by the trader.
- Goods ordered may not be compatible with vehicles which have been modified, adapted or altered. The trader is responsible for ensuring that they purchase goods that are suitable for the traders’ purposes and Nirro shall not be obliged to refund any items ordered by the trader which are not compatible with the trader’s vehicle.
- Nirro shall not be liable for any losses suffered by third parties which are subject to onward contracts with the trader.
- Where Nirro does not install goods purchased by the trader, Nirro does not accept liability for any loss caused by any third party installation or modification.
- In addition, no liability is accepted by Nirro where the purchasers attempt to modify or install the goods supplied where it is known or ought reasonably to be known by the purchaser that the part supplied is incorrectly supplied or otherwise not in accordance with the order.
- Where an order is incorrect and the trader knows or could reasonably ascertain that such an order is incorrect and fails to notify Nirro of the error and fails to request a replacement, Nirro does not accept liability for any losses caused by the consumer’s use of an incorrect part.
- Where the trader notifies Nirro of an incorrect order, Nirro may at its discretion offer to refund or replace the item. The exercise of that discretion shall have regard to the reason for the order being incorrect and whether the trader is at fault for the incorrect order.
- Where a trader returns goods, subject to clause 21 below, notifying Nirro of the reason for the return, Nirro shall at its discretion refund the value of the goods in full unless the item is damaged by the trader, or the trader’s use or keeping of those goods caused a diminution in value.
i) Where such a diminution in value occurs, Nirro shall either reduce the value of the refund to take this loss of value caused by the consumer into account, or where the item is not returned in a saleable condition decline to refund the trader.
- Where goods purchased by the trader are alleged to be defective, the purchaser agrees to return such goods to the seller, notifying the seller of the alleged defect. The trader accepts that it is reasonable to inform the seller of any defect prior to contacting independent third parties or incurring expense and, in addition, to allow the seller to remedy the defect. Where the goods are found to be defective, Nirro agrees to remedy the defect or provide a replacement good or a refund subject to any diminution in value caused by the trader.
- Parts modified or adapted by the purchaser shall no longer be warranted by the manufacturer and Nirro will not be liable for any failures resulting from the trader’s modification.
Second Hand Goods
- Nirro sells second hand goods in good faith and makes the purchaser aware of information that is reasonably available to Nirro in respect of those second hand goods. Where second hand goods are purchased from Nirro by the trader at Nirro’s premises, any known defect will be drawn to the trader’s attention prior to purchase or order.
- Where the goods are defective or otherwise in breach of any implied term, Nirro does not accept any losses that are not foreseeable or not caused by Nirro.
- Nirro does not seek to limit the trader’s right to return any defective good, and subject to any deterioration or loss of value caused by the consumer, will refund the trader for the goods or provide a replacement.
- Where the trader purchases second hand goods in person, Nirro provides a warranty of a duration to be determined on the day of purchase.
- Nirro does not accept any losses where the trader was provided with opportunity to inspect the good and was provided with information that could reasonably be expected to be provided to them by Nirro.
- Where the trader chooses to accept the second hand goods in the knowledge of any known defect, Nirro does not accept liability for any losses caused by those goods.
- Where second hand goods are purchased from Nirro by the trader via a contract concluded over the telephone or internet, and such goods are defective or in breach of any implied term, Nirro does not accept any losses that are not foreseeable nor not caused by Nirro.
- Where the trader chooses to accept the second hand goods, in the knowledge of any known defect, Nirro does not accept liability for any losses caused by those goods.
- Unless otherwise stipulated within the sales invoice/order form, or agreed by the parties in writing, all accounts are payable upon order.
- Where default occurs in payment by the consumer, default interest shall become payable at 2% above the Bank of England base rate.
TITLE AND DELIVERY
- 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.
- Delivery times will be quoted at time of order and all times given for despatch or delivery are approximate, unless the trader and Nirro agree either that time is of the essence or that delivery will be effected by a certain time or method.
- When delivery is affected to the purchaser directly or to an independent delivery contractor as agent for the purchaser, risk shall pass to the buyer upon receipt of the goods.
- The purchaser is required to notify the company in writing or by telephone, of any shortage, error in delivery or other discrepancy as soon as possible, or at the latest within fourteen days.
i) Where the goods are to be delivered, loss or damage in transit claims should be made directly to the carrier of the goods and not Nirro.
- Purchasers should retain all packaging in the event of a claim or return within the terms of this agreement.
- Delivery and packing prices indicated within the Companies Brochures and Internet Site are subject to change and will be confirmed at the time of order.
- Buyers outside the United Kingdom and Europe shall be quoted approximate prices for delivery and packing prior to order confirmation. The prices for delivery and packaging shall be confirmed at the time of order.
- Goods cannot be accepted for return unless the trader has completed a Return Authorisation Form. Nirro cannot refund or accept goods returned with insufficient details.
- The Return Authorisation Form must contain the following information:
- The trader shall provide their Order number, name, and address on the Form;
- The trader shall serve the Form by post to Nirro’s registered office, or by fax to the number printed on the sales Invoice;
- Reason for return e.g. goods defective/incorrect, cancellation of order;
- Where goods are to be returned as incorrect, a description of the difference between the parts. Photographic evidence may also be required;
- Where goods are alleged to be defective a description of why the goods are believed to be defective and the nature of the defect. Photographic evidence may be required; and,
- For electrical components a copy of diagnostic logs/protocols will be required to confirm correct coding and adaptation of the component has been performed.
- Where the trader returns the goods to Nirro in accordance with these terms and conditions, the trader shall be liable for the cost of the return delivery of the goods to Nirro.
- Where the trader returns the goods to Nirro in accordance with these terms and conditions, the trader shall return the goods in their original packaging. The trader shall be liable for any additional cost of packaging the goods for their safe return to Nirro.
- Goods returned to Nirro may be subject to a restocking charge of 20% of the value of the order.
- Nirro may not refund returned goods if they have been tampered with, modified, or where Nirro’s markings have been removed from them.
- Nirro shall issue refunds at their discretion where the goods supplied by Nirro to the purchaser are not faulty.
i) Nirro may decline to refund the purchaser where goods have been returned in an unsaleable condition.
ii) Nirro may reduce any refund in circumstances where the purchaser’s actions have caused a loss of value to the goods.
iii) Save where the error of Nirro causes the purchaser to request a refund, the purchaser shall be liable to pay for the delivery of the goods that they wish to return to Nirro.
iv) Where a trader returns goods to Nirro, irrespective of circumstance, Nirro may reduce any refund or decline to refund the consumer where any damage or defect was caused by the trader’s inadequate packaging of the goods, including where the original packaging sent by Nirro has not been used, or improperly re used by the trader.
- Nirro shall not be liable for the cost of removing parts that the trader purchased from Nirro from the trader’s vehicle where the trader seeks to return the goods that were correctly installed by Nirro.
- Where a third party installed the goods and the trader wishes to return the goods or seek a refund, the trader shall be liable for the cost of removing the goods.
- Where the trader fails to return the goods within 14 days of cancellation of their contract with Nirro, Nirro shall be entitled to collect the goods from the trader and to recover any reasonable costs involved in such collection from the trader.
- Where Nirro collects the goods from the trader due to the trader’s failure to return the goods to Nirro in accordance with these terms and conditions, any refund shall be subject to the provisions of these terms and conditions and may be set off against any loss of value or expense caused by the trader.
- Where Nirro is obliged to take legal action against the trader for non payment, non delivery of returned goods, or any other action caused by the trader, the trader shall be liable to pay Nirro’s costs of bringing such action.
- These terms and conditions and any agreement between the purchaser and Nirro shall be interpreted in accordance with English Law and industry custom and practice. English and Welsh courts shall have sole jurisdiction in respect of any dispute that may arise.
- If any provision in these terms and conditions is deemed or found by any court or authority within England and Wales to be invalid or not binding, the trader and Nirro agree that such provision shall be severable from the rest of these terms and conditions which shall remain fully in force.
- This contract is between the trader (you) and us. No other party has the right to enforce this contract.
- These terms and conditions constitute the entire agreement between us and replace all previous agreements between us.
- You agree not to infringe any copyright, trademark, patent, or other intellectual property right that belongs to, or is licenced to Nirro Ltd.
- Nirro does not accept liability in respect of failure to supply or other interruptions caused by matters beyond the reasonable control of the company, including but without limitation, strikes, lockouts, civil disputes, acts of God, war or actions by third parties.
CHANGES TO OUR TERMS AND CONDITIONS
- We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.
- If you have a complaint about Nirro Ltd, Please contact our Customer Care team here:
Via email to firstname.lastname@example.org.
Via post to Nirro Ltd, Units ABC Lyon Business Park, 11 River Road, Barking, Essex IG11 0JS