Terms & Conditions Intro
This page (together with our Privacy Policy) tells you information about us and the legal terms and conditions (“Terms”) on which we sell any of the products listed on our website to you, including how you and we may change or end the contract and what to do if there is a problem.
These Terms will apply to any contract between us for the sale of products/services to you (“Contract”).
Please read these Terms carefully, and make sure that you understand them, before ordering any products/services from our website. By submitting your order to us you will be deemed to have accepted these Terms; We amend these Terms from time to time. Every time you wish to order products/services, please check these Terms to ensure you understand the Terms which will apply at that time.
These Terms were most recently updated on 22/02/22.
INFORMATION ABOUT US
We operate two companies MANCHESTER POWDERCOATING LTD Company number 11237646 & AUTO WRAP MANCHESTER LTD Company number 11236324
We are MANCHESTER POWDERCOATING LTD, a company registered in England and Wales under company number 11237646, VAT NO: 390 5541 90, and with our registered office at Unit 4 Invincible Works Mosley Road, Trafford Park, Manchester, England, M17 1HQ
Our main trading address is
Auto Wrap Manchester,
Unit 4, Manchester Powder Coating,
Mosley Road Trading Estate, Trafford Park,
Manchester, M17 1HQ
Our VAT number is 390 5541 90
Company number 11237646
We operate the following websites:
https://autowrapmanchester.co.uk/
https://manchesterpowdercoating.co.uk/
To contact us, for any reason, contact our Customer Services team by live chat, telephone on 0161 672 7376, Email: info@manchesterpowdercoating.co.uk or by post to:
Auto Wrap Manchester,
Unit 4, Manchester Powder Coating, Mosley Road Trading Estate, Trafford Park, Manchester, M17 1HQ
If you are emailing us or writing to us, please include details of your order to help us to identify it.
“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
Terms and conditions of use
Introduction
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and MANCHESTER POWDERCOATING LTD, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by MANCHESTER POWDERCOATING LTD and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to MANCHESTER POWDERCOATING LTD and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Intellectual property and acceptable use
- All Content included on the Website, unless uploaded by Users, is the property of MANCHESTER POWDERCOATING LTD, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission
- You may, for your own personal, non-commercial use only, do the following:
- retrieve, display and view the Content on a computer screen
- You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of MANCHESTER POWDERCOATING LTD.
Prohibited use
- You may not use the Website for any of the following purposes:
- in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
- in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
- making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
Registration
- You must ensure that the details provided by you on registration or at any time are correct and complete.
- You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
- We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
- You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
Links to other websites
- This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of MANCHESTER POWDERCOATING LTD or that of our affiliates.
- We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of their use of them.
- The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Privacy Policy and Cookies Policy
- Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: https://manchesterpowdercoating.co.uk/manchester-powder-coating-wheel-repairs/privacy-policy/ and https://manchesterpowdercoating.co.uk/manchester-powder-coating-wheel-repairs/cookie-policy/
Availability of the Website and disclaimers
- Any online facilities, tools, services or information that MANCHESTER POWDERCOATING LTD makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of the information, compatibility and satisfactory quality. MANCHESTER POWDERCOATING LTD is under no obligation to update information on the Website.
- Whilst MANCHESTER POWDERCOATING LTD uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
- MANCHESTER POWDERCOATING LTD accepts no liability for any disruption or non-availability of the Website.
- MANCHESTER POWDERCOATING LTD reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of liability
- Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
- We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
- To the maximum extent permitted by law, MANCHESTER POWDERCOATING LTD accepts no liability for any of the following:
- any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
- loss or corruption of any data, database or software;
- any special, indirect or consequential loss or damage.
General
- You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
- These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
- These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
- The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
- If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
- Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
- This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
MANCHESTER POWDERCOATING LTD details
MANCHESTER POWDERCOATING LTD is a company incorporated in England and Wales with registered number 11237646 whose registered address is Unit 4, Manchester Powder Coating, Mosley Road Trading Estate, Trafford Park, Manchester, M17 1HQ and it operates the Website https://manchesterpowdercoating.co.uk/
The registered VAT number is 390 5541 90
- You can contact MANCHESTER POWDERCOATING LTD by email on info@manchesterpowdercoating.co.uk
Terms and Conditions
MANCHESTER POWDERCOATING LTD, and ALL Licencees and Affiliates (hereinafter referred to as the Seller), enters into contracts of sale only upon the basis that the conditions set out below govern the contract. No variation of these conditions will alter the contractual liability of the Seller unless such variation is in writing, signed by a duly authorised officer or employee of the Seller.
STANDARD CONDITIONS OF SALE
1. Orders, Quotations:
Where a prospective Buyer submits an order to the Seller, the issue to that party of the Seller’s acknowledgement of order form shall constitute the terms of an offer upon the basis of which the Seller is willing to contract, and the terms subject to which any such “order” was submitted, shall be of no effect. Acceptance of goods or services delivered pursuant to such an acknowledgement of order shall be a contract incorporating only the terms set out in this document.
2. Prices:
Prices are based on the Seller’s costs and expenses and shall be those ruling at the date of invoice and charge. The Seller reserves the right between the date of acceptance of an order and the date of invoice to increase prices to cover increases in the Seller’s costs and expenses incurred in performing the contract and to invoice at the price prevailing at the date of invoice.
3. Terms of Payments:
Prices are quoted net. Terms of the settlement are strictly net cash payable upon immediate receipt of the goods or services being invoiced unless otherwise agreed and acknowledged. The Seller reserves the right to charge interest on any unpaid balances.
4. Delivery:
a) All delivery and completion dates are approximate but the Seller will make every effort to meet the delivery and completion date indicated and in the event of delayed delivery, the Seller shall not be liable for loss or damage of whatever nature arising therefrom.
b) In the event of failure by the Buyer to accept delivery or delayed delivery, the Seller shall have the right to cancel such delivery and all other outstanding deliveries and to charge the Buyer with any loss of profit suffered and expense incurred.
c) Each part delivery shall be considered a separate transaction that will not affect the rights or liabilities of either party under the contract as to the remaining deliveries.
d) Non-delivery or delayed delivery due to war, civil commotion, strikes, lock-outs, machine breakdown, fire, force majeure or any cause whatever beyond the Seller’s control will not involve liability on the part of the Seller, and the Seller shall be entitled at his option either to cancel the order or any part thereof or to an extension of time for delivery corresponding to the duration of the event causing the delay.
5. Retention of Title Clause:
a) The ownership of the goods supplied hereunder by the Seller will only be transferred to the Buyer when he has paid the Seller in full for the goods but the risk in the goods and all liability to Third Parties in respect thereof shall pass to the Buyer on delivery;
b)The risk and liability to the Third Parties in respect of the New Articles shall be the Buyers, and
c) The Buyer may sell the goods and new articles in the normal course of its business but shall pursue claims for and hold the entire proceeds of their sale as a fiduciary on behalf of the Seller upon terms that the entire proceeds of the sale are held in trust for the Seller and shall not be mingled with other monies or paid into any overdrawn bank account and shall be at all times identifiable as the Seller’s monies.
6. Damage, Deficiencies or Consequential Loss:
No claim for damage, deficient receipt or loss will be considered unless notice in writing is to the Seller from the Buyer within the following time limits:-
a) Damage or consequential loss – within 24 hours of receipt.
b) Non-delivery of a consignment – within 3 days of receipt of the remainder of the consignment.
The Buyer’s failure to give notice of any claim for damage, poor workmanship or consequential loss in accordance with the above provisions shall constitute an unqualified acceptance of the goods forming such consignment and a waiver by the Buyer of all claims in connection therewith.
7. Liability for Defective Products and Technical Assistance:
In view of the difficulty and cost of insuring against liability for defective products, where it is proved that the goods sold by the Seller are defective, unfit for the Buyer’s purpose or otherwise do not conform to the contract, if paid in full ONLY, the following provisions LIMIT THE LIABILITY OF THE SELLER. Buyers are asked to note that the prices quoted reflect savings made possible to the Seller in its insurance premiums by virtue of these provisions:-
a) Death, personal injury: liability is not excluded.
b) Loss or damage other than death or personal injury: – the Seller’s liability is limited to replacement of goods shown to be defective and the Seller accepts no liability for loss, damage, interruption of vehicle usage, loss of profits or other consequential loss, whether it is caused by the negligence of the Seller, its Licencees, servants or agents, or by any other cause, in the processing, coating or delivery of the goods. Any condition, warranty or other stipulation as to the quality of the goods or their fitness for any purpose incorporated by Statute Common Law or otherwise, is excluded.
c) Technical advice or assistance where the Seller provides technical advice, design or assistance to a prospective or actual Buyer, such advice is given with the limitation of liability as though it were a contract of sale and governed by the terms of sub-clause b) hereof.
d) In ALL cases, MANCHESTER POWDERCOATING LTD is offering a ‘Remanufacturing Service’. By definition, a small portion of the original product is removed, and by employing the same techniques as OEM’s (original equipment manufacturer) and within known limits of safety tolerance.
8. Indemnity:
The Buyer shall indemnify the Seller against all damages, penalties, costs and expenses for which the Seller may become liable through any work to be done in accordance with the Buyer’s specification which is an infringement of a Patent, Copyright or Registered Design.
9. Special Products:
In the event that the Buyer cancels an order for goods made up specifically at the request of the Buyer or comprising goods not customarily stocked by the Seller the Buyer shall pay upon cancellation as liquidated damages the Seller’s published price for such goods as are completed at the cancellation and an equitable price for such goods as are in process at cancellation based upon the Seller’s costs, expenses and profit reasonably expected and incurred in processing such goods and in accordance with the degree of process attained.
10. Determination:
If the Buyer shall make default in or commit a breach of the contract or any other of his obligations to the Seller or if the Buyer shall become insolvent or bankrupt or make any composition with Creditor or being a Company shall have a Receiver appointed or enter into liquidation either voluntary or compulsory or if any execution or distress shall be levied against the Buyer’s goods the Seller shall have the right to determine any contract then subsisting without giving prior notice to the Buyer but without prejudice to all rights and remedies of the Seller herein and the Buyer shall recompense the Seller in full for all damages and losses incurred by the Seller as a result.
11. Discretionary Compensation on Contract completion, (paid in full):
MANCHESTER POWDERCOATING LTD reserves the right to discretionary compensation under special circumstances. This is limited to, a) replacement of goods, ‘like for like’, in the original condition as presented, b) compensation or part compensation of consequential costs on presentation of original receipts, c) contribution in exchange for original goods and services supplied, to the fair market pre-owned price, towards new replacement goods ONLY after, ‘betterment’, contribution by the Buyer AND if purchased through the Seller.