1.GENERAL. All orders are subject to these conditions of sale and the placing of an order by the buyer shall be considered as acceptance of these conditions.

These conditions may not be modified or varied unless Mr.P.C.Chapman trading as Showtime Automotive or Autofashion (hereinafter referred to as “the company”) agrees in writing and the Company shall not be deemed to accept such other conditions nor waive any of these conditions by failing to object to provisions contained in any purchase order or other communication from the buyer. No person has authority on behalf of the Company to vary any conditions except Mr.Phillip Chapman, and then only in writing signed by Mr.Phillip Chapman on proper company headed notepaper. The Company offers a made-to-order service wherein the Customer places an order and goods are manufactured to the specification of the Customer specifically for the Customer.

2.VALIDITY OF QUOTATION. The Company reserves the right to amend any price quoted to cover an increase in costs of materials or labour or overhead expenses which may take place between the date of the quotation (or the date of the order where no quotation is made) and the date of dispatch which may effect the cost of manufacture and/or delivery of the goods and every quotation is made and every order is acknowledged on the condition that the goods will be invoiced at and the payment will be made at the price ruling when the goods are supplied.

3.NEW ACCOUNTS. At the company’s absolute discretion trade customers may open an account with the company for the purchase of goods.

The customer will be required to furnish two trade references and one banker’s reference. Until the opening of a trade account has been confirmed a remittance should accompany the order, otherwise delivery will note be made until the references have proved acceptable. Trade accounts are subject to minimum monthly purchase levels.

4.SETTLEMENT TERMS (a) Accounts are payable within 14 days of issue of the invoice for Trade Customers. Any variation to these terms will only be accepted where agreed by the Company and confirmed in writing. Where the credit terms are exceeded the company reserves the right to demand immediate payment of the account in full. The Company reserves the right to refuse credit at any time and demand payment of all monies outstanding. No receipt will be issued against payment made by cheque unless specifically requested. The Company, at its discretion reserves the right to charge interest on accounts outstanding beyond the time specified in this condition. The rate of interest shall be 3% per annum over Lloyds Bank base lending rate. The company can exercise this right in addition to any other rights it may have in respect of the goods or non-payment for goods.

(b)Where the contract is to be or may be fulfilled in separate installments, deliveries, or parts, payment for each installment, delivery or part, shall be made as if the same constituted a separate contract.

5.PRICES. Unless otherwise agreed in writing all orders are executed subject to prices and any relevant discounts ruling at the date of dispatch and any price list of the company whether published or not shall not effect the right of the company to charge for goods in accordance with this clause.

All prices are subject to the addition of Value Added Tax at the current rate unless otherwise stated. Prices advertised, published or listed shall be deemed to be at the rate of seventeen and a half percent, and will be subject to change should the rate of VAT change.

6.ORDERS. Orders sent in confirmation of telephone instructions should be clearly marked as such, otherwise any additional expense incurred by the company as a result of such duplication of order will be charged to the buyer.

Acceptance of order cancellation is at the discretion of the company and will only be effective if notice is given in writing prior to any tooling up for production. Cancellation will not be accepted, for any reason, for goods which are in production and/or transit. All Private Orders are strictly by Payment with Order and in advance of any delivery. We always allow 10 working days for customers cheques to clear.

7.DELIVERY. (a)Delivery dates are promises given in good faith by the company to indicate estimated delivery times but shall not amount to any contractual obligation to deliver at the time stated. No liability for direct or consequential loss or damage arising from delay in delivery will be accepted by the company. Time is expressly not the essence of the contract.

(b)Goods are dispatched via various recognised carriers and are fully insured. It is the Customer’s responsibility to check all goods for damage before signing for acceptance of said goods. Once goods are signed for “accepted” the Company will not admit any liability for damage.

(c)The Buyer is advised not to book a professional fitting service, bodyshop, or garage until the goods have actually been received. No liability for direct or consequential loss or damage arising from delay in delivery will be accepted by the Company.

(d)The Company will be deemed to have Delivered the goods in good condition  48 hours after the carrier leaves a card at the delivery address stating that delivery was attempted and was refused by the Buyer, or in the event that there is no-one available to accept delivery. It is the Buyers responsibility to arrange with the carrier for re-delivery or to collect the goods from the appropriate Depot. The Company reserves the right to charge the Customer for all expense incurred by the company as a result of such failure to accept delivery.

(e)In the case of export orders delivery shall take place at a port or airport on the mainland of Great Britain (delivery being deemed to have occurred when the goods are unloaded at the port or airport)

8.TITLE TO GOODS. The Company and the Buyer expressly agree that until the Company has been paid in full for the goods supplied:

The goods remain the property of the Company although the risk therein passes to the buyer at the point delivery is made. The Company may recover those goods at any time from the buyer in his possession if the Company judges the amount outstanding from the buyer on the general statement of account between the parties is in excess of the credit limit the Company is willing to accord to the buyer, and for that purpose the Company’s servants and agents may enter upon land or buildings upon which the goods are situated.

If the buyer incorporates such goods into other products, with the addition of his goods or those of others, or uses such goods as materials for other products, with or without such addition, the property in those other products is upon such incorporation or use ipso facto transferred to the Company and the buyer as bailee of the Company will store the same for the Company without charge to the company. The buyer has the right to dispose of the goods or such other products in the course of his business for the account for the company and to pass good title to the goods or products to his customer being a bona fide purchaser for value without notice of the Company’s rights. In the event of such disposal the buyer has the fiduciary duty to the Company to account to the Company for the proceeds but may retain therefrom an excess of such proceeds over the amount outstanding and due to the Company and the Company has the additional right to recover the buyers price from the buyers customer to the extent unpaid; if the Company avails itself to this right, it will account to the buyer for any excess less any expenses incurred by effecting recovery.

9.DAMAGE IN TRANSIT. The company will repair or replace free of charge goods damaged in transit provided that the carriers and the Company receive written notification of such damage within seven days of delivery. Goods received in damaged or unsatisfactory condition must be signed for as such. On receipt, goods should be checked. Shortage claims will only be considered if the carriers and the Company receive written notification of such shortage within seven days of delivery, failing which no liability will be admitted. The packaging and contents must be retained for inspection.

10.RETURNS AND CANCELLATIONS. Goods to be returned must be notified to the Company in writing within seven working days of receipt of goods by the customer as goods correctly supplied may not be returned without the Company’s written agreement. Goods which have been correctly supplied and have been fitted, drilled, sanded, machined or otherwise modified will not be accepted for return under any circumstances. A returns note number must be obtained and the number clearly marked on the outside packaging. Goods so returned must be consigned “carriage paid” and accompanied by a packaging note stating your order reference number, and ideally the reason for the return. A restock/cancellation charge will be imposed to cover our direct costs. Any item which has been supplied to special requirements or is designated as special order cannot be accepted for credit or refund under any circumstances. All Orders cancelled will be subject to a restock/cancellation charge to cover the company’s direct costs. The customer is responsible for the safekeeping of the goods until signed for in good condition by the Company therefore we strongly suggest that all returns are sent with a fully insured service. Items damaged whilst being returned cannot be accepted by the Company.

11.WARRANTY. If on delivery there is any damage defect or shortage in the goods and the customer gives due notice under conditions 7 and 9 above and returns the damaged or defective goods to the Company, the Company shall replace the damaged or defective or missing goods or (at the Company’s option) credit the customer with the amount of the price attributed to those goods.

12.DESIGN AND SPECIFICATION. The Company may withdraw or modify any design or specification of the goods at any time without notice to the customer. Whilst every effort is made to ensure goods are a good fit all items may need modification/slight alteration to fit. All products require degreasing and sanding prior to painting. All items should be fitted prior to painting.

13.DESCRIPTIVE MATTER AND ILLUSTRATIONS. All descriptive and forwarding specification, drawings and particulars of weights and dimensions issued by the Company are approximate only and are intended only to present a general idea of the goods to which they refer and shall not form part of the contract.

Whilst every endeavor has been made to ensure that the goods are accurately described and believed to be fit for the purpose mentioned in promotional materials no warranty or representations to this effect is given either expressly or by implication, and no responsibility will be accepted in the event of an error or misdescription or any such unfitness or any damage resulting therefrom.

Whilst every care is taken at all stages of manufacture, the Company will not accept and responsibility to subsequent costs or expenses incurred as a result of the use or fitting of the Company’s products.

14.LIMITS OF CONTRACT. Any quotation includes only such goods, accessories and work as are specified therein.

15.BANKRUPTCY. In the event of the buyer committing any breach of contract with the company or if any distress or execution is levied upon the goods of the buyer or if he offers to make any arrangements with or for the benefit of his creditors or commits any act of bankruptcy or, being a limited company, has a receiver appointed of its undertaking or assets or any part thereof or, for the purpose of a reconstruction or amalgamation without insolvency, goes into liquidation, the Company shall there upon be entitled without prejudice to its other rights forthwith to suspend all further deliveries until the fault has been made good or to determine the contract or any unfulfilled part thereof, or at the Company’s option to make partial deliveries.

16.DESIGNS. Many of the Company’s products are subject to patents, registered deigns, design rights, copyright or other intellectual property rights in the United Kingdom and abroad. The Company will take action against counterfeiters to protect the Company’s rights. The buyer will not copy, or allow the copying, or supply for the purpose of copying, of any of the Company’s products.

17.DISTANCE SELLING REGULATION. The Company offers a made-to-order service for the Buyer. The Buyer understands that under section 13 (1)(c) of the distance selling regulations no cooling off period will be allowed for these products.

18.ROAD TRAFFIC ACT. Under the Road Traffic Act (as amended) most modifications to cars are technically and specifically illegal. As such all the parts supplied are for show car and motor sport use and may not be used on the public highway. The Customer agrees not to use the parts supplied on the public highway.

19. FAILED CHEQUES. The Company may at its discretion charge for those costs incurred in dealing with cheques which fail to clear through banking system. Such charges are those that are in force at the time of presentation and at the time of printing are evaluated (but not limited to) £100 on first failed presentation, and £50 thereafter per presentation.

20.TELEPHONE CALLS. Abusive, Threatening or otherwise malicious telephone calls are not tolerated by the company. Such calls are illegal and will be reported to the Police and British Telecom. Any such calls will be terminated immediately and the customer will forfeit any right to contact the company by telephone in the future. In such instances the company reserves the right to charge the customer as it sees fit to cover costs and losses and at the time of printing these costs are evaluated (but not limited to) £100 per call. All calls may be recorded for training or any other purpose.

21.COMPLAINTS. Complaints should be put in writing and addressed to Mr.Phillip Chapman, Custom Parts Limited, 1 Chapel Road, Aldborough, Norwich, NR11-7NN.

22.VALUE ADDED TAX. Where applicable Value Added Tax will be chargeable at the rate applicable at the date of dispatch.

23.FORCE MAJEURE. In the event of a war, invasion, act of foreign hostilities, whether war has been declared or not, civil war, rebellion, revolution, insurrection or military or unsurped power the seller shall be relieved of liability incurred under his contract wherever and to the extant to which the fulfillment of such obligation be prevented, frustrated or impeded as a consequence of any such event or by any statute rules or regulation ordered or requisitions issued by any government department, council or other duly constituted authority or from lockouts, breakdowns or other causes (whether or not of a like nature) beyond the company’s control.

24.LEGAL CONSTRUCTION. Unless otherwise agreed by the Company in writing, these conditions shall in all respects be construed and operate as an English Contract, in conformity with English Law.