SRM Engineering Ltd 

Terms & Conditions

1.Definitions and interpretation

1.1 In these conditions these words have the following meaning 

“the contract”  any contract under which the company sells Goods to the customer.

“Goods”  the whole or part of the goods or materials which the company is to supply.

“the  relevant date”  the date  referred to in clause 5 hereof

“supply”  includes (but is not limited to) any supply under a contract for sale

“International Supply Contract” such a contract is as described in section 26(3) of the unfair Contract  Terms Act 1977.

1.2 Reference to clauses (except where the context otherwise requires)are  references to the clauses set out below.

1.3 Any reference in these conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted  or extended at the  relevant time.

2. Contract Terms, Variations, and Representations

2.1 No order in pursuance of a quotation or otherwise shall be binding on the company unless and until such order is accepted by the company.

2.2The contract will be subject to these conditions. Except as provided in clause 2.3 no representative or agent of the company has authority to agree to any terms or make any representation which is inconsistent with these Conditions or to enter into any contract except on the basis of them.

2.3 Any term or representation inconsistent with these Conditions will only bind the company if it is in writing and signed by one of its directors. The words “unless agreed in writing by the company” in these Conditions means unless otherwise agreed in writing and signed by the directors of the company.

2.4 Unless otherwise agreed in writing by the company these conditions will override any terms and conditions stipulated or referred to by the customer in his order or pre-contract negotiations.

2.5 Any illustrations , weights, measures, temperatures, capacities,

descriptions, or specifications  contained  in the company ‘s catalogues, samples, price lists or other advertising material is tended merely to present a general picture of the Goods and will not form a representation or be a part  of the Contract  unless otherwise agreed by the Company in writing.

2.6 Where the Company has not acknowledged the Customer’s order in writing, these Conditions will apply to the Contract provided the customer has had prior notice of them.

2.7 The Company reserves the right to correct any clerical or typographical errors made by its employees at any time.

3.1 If goods are made to a specification, instruction or design supplied by the customer or any third party on behalf   of the customer then

3.1.1 the suitability and accuracy of that specification, instruction or  design will be the customer’s responsibility and

3.1.2 the customer will indemnify the company against any infringement of any  patent , design right, registered design,  trademark,  trade name, copyright or other intellectual property right  and any loss.,  damage or expense it may  incur because of any such infringement or alleged infringement in any country and

 3.1.3 the customer will indemnify  the company against any loss , damage or expense in respect of any liability rising under the Customer Protection Act 1987 by  reason of the specification or design of the goods.

3.2 The company reserves the right to make any changes in the specification of the goods which are to conform to any applicable safety or other statutory requirements. Where the goods are to be supplied to the customer’s specification the company reserves the right to make any changes in the specification of the goods which do not materially affect the quality or performance of the goods.

3.3 The customer warrants that it will pass on to all third to whom it may  supply the goods all information as to the use and safe handling of the goods which has been provided to the customer by the company.

4.1 Unless otherwise agreed in writing by the company the company’s quotations for the goods are provisional and may be altered at any time for any reason.

4.2 Prices charged will be those current at the time of delivery of the goods. The company may increase its prices at any time to take account of any increase in the cost of purchasing any goods or materials or manufacturing, working on or supplying the goods. The company may also increase its prices at any time to take account of any error or inadequacy in any specification instruction or design provided by the customer or any modification carried out by the company at the customer’s request.

4.3 All prices quoted are exclusive of V.A.T . and the customer shall pay any and all  duties , taxes or other government charges payable in respect of the goods.

5. Payment

5.1 For the purposes of these conditions the relevant date means the date on which either (a) the customer takes delivery of any consignment of the goods at the company’s premises or (b) the company dispatches any consignment of the goods or (c) the customer defaults in his obligations under clause 6.1 whichever shall first occur.

5.2 Unless otherwise agreed in writing by the company full payment will be made by

the customer in cash not later than thirty days after the relevant date.

5.3 Time for payment will be of the essence of the contract.

5.4 Without prejudice to any other rights of the company, interest will be payable on all overdue accounts at 4% above the Nat West bank plc base rate from time t o time. For the purposes of clauses of 7.2 and 9 the full purchase of the goods will include any interest payable under this clause.

5.5 Non payment on a due date will entitle the company to demand payment of all outstanding orders without prejudice to any other rights it may have.

5.6 The customer will not be entitled to withhold payment of any invoice by reason of any right of set-off or any claim or dispute with the company.

5.7 Without prejudice to any other rights it may have the company will have the right to suspend performance of its obligations if it reasonably believes that the company will not make payments in accordance with this clause.

6. Delivery

6.1. Unless otherwise agreed in writing by the company the customer will take delivery of the goods at the customer’s  premises  and the customer shall be responsible for  notifying the company of any restriction of access such as weight, width, height, or unloading hours .  The company shall have the sole right to determine the unloading point. Offloading will be at the customers risk and expense.

6.2. The company will be entitled to add a reasonable charge for packaging and delivery to the contract price.

6.3. If the contract is an international supply contract, it will be deemed to incorporate the latest edition of “intcoterms”   current at the date of the contract. If there is any consistency between “incoterms” and any express term of the contract, the latter will prevail. The company will be under no obligation to give the customer the notice specified in section 32(3) of the Sale of Goods Act 1979.

6.4. The company will try to deliver the goods by any agreed date or within any agreed period but such dates or periods are estimates only given in good faith and the company will not be liable for any failure to deliver by such dates or within such periods. Time for delivery will not be of the essence of the contract and will also be conditional upon receipt of final instructions for delivery being received promptly. The goods may be delivered by the company in advance of any agreed date upon giving reasonable notice to the customer.

6.5. If the company is delayed in or prevented from delivering the goods due to war, governmental or parliamentary restrictions, strike, lock-outs, fire, floods, explosions, labour disturbances, trade disputes, damage  to or destruction of the goods, breakdown of machinery, shortages of labour or of raw materials  or Act of God or due to any other cause beyond the reasonable control of the company, the company may cancel  or suspend the customer’s order without incurring any liability for loss or damage.

The company will try to comply with reasonable requests by the customer for postponement of delivery but shall not be under any obligation to do so. Where delivery is postponed otherwise than due to the company’s default the customer shall pay all costs and expenses of delay including a reasonable charge for storage and transportation.

7. Cancellation or deferment

7.1. The company may defer any deliveries of goods or treat the contract as determined if  the customer fails  to make any payment when it becomes due or enters into any composition or arrangement with its creditors or has a winding –up order made against it or has an administrative receiver or administrator appointed  or  passes a resolution for winding –up  or  a  court makes an order  to that effect or if the customer breaches any of these conditions.

7.2. Clause 7.1. is without prejudice to the company’s right to the full purchase price of the goods  and damages for any loss suffered in consequence of the determination of the contract.

  7.3. Cancellation by the customer will only be accepted at the discretion of the company.. Acceptance of the cancellation will only be binding on the company if in writing and signed by a director. Any costs or expenses incurred by the company up to the date of the cancellation will be paid by the customer to the company forthwith.

8. Defective Goods – Limitations of liability

8.1. The customer will carefully examine the goods on receipt and notify the company and the carrier immediately of any damage, loss or shortage. Within three days of receipt (or in the case of total loss) or of receipt of the invoice or other notification of dispatch the customer will give the company written confirmation of the damage, loss or shortage.  Within fourteen days of request the customer will provide authority for the company’s servants or agents to inspect any damaged goods. The company’s liability, if any, will be limited to replacing or (at its option) repairing such goods. The customer will not be entitled to make any claim against the company for consequential loss arising out of such damage, loss or shortage.

8.2. Save as otherwise provided in these conditions  the company’s liability in respect of any defect in or failure of goods supplied is limited to replacing or (at its option) repairing or paying for the repair or replacement of goods which are found to be defective by reason  of faulty or incorrect design, workmanship, parts or materials.

8.3. The company’s liability for any direct loss or damage sustained by the customer as a result of any error in any weight, dimension, capacity, performance or other description of information which has formed a representation or is part of the contract will not exceed the price of the goods in respect of which the description or information is incorrect.

8.4 The company will only be liable to the customer in respect of the matters set out in clauses 8.2. and 8.3. PROVIDED THAT the customer informs the company of the defect as soon as is reasonably practicable and in any event the defect is notified to the company within three months of the delivery of the goods and authority is provided for the company’s servants or agents to inspect the same.

8.5. Save as provided in these conditions the company shall have no other or further liability in respect of any direct or consequential loss or damage sustained by the customer arising from or in connection with any such defect, failure or error as aforesaid.

8.6. Where the company agrees to repair or replace goods any time specified for delivery under the contract will be extended for such period as the company may reasonably require.

8.7. Except for the terms and implied in the contract by section 12 of the Sale of Goods Act  1979, all conditions ,warranties, and other  terms  expressed  or implied, statutory or otherwise, are expressly excluded, save insofar as they are contained in these conditions or otherwise expressly agreed by the company in writing. If any legislation makes it unlawful to exclude any term from the contract this clause will not apply to such term.

8.8. Except in respect of death or personal injury the company shall not be liable t o the customer for any damage or for any direct or consequential loss incurred by  the customer in the consequence of any negligence  on the part of the company or negligence or willful  default on the part of the  its servants or agents in or  in connection with the supply of any goods or the design or manufacture thereof or the provision  of any information.

9. Retention of title.

The following provisions apply to all contracts (save for the International Supply Contracts) relating to goods which under the contract to the company agrees to supply to the customer. No termination of the contract shall prejudice limit or extinguish the company’s right s under this paragraph.

9.1. Upon delivery of the goods the customer shall hold the goods solely as bailee for the company and the goods shall remain the property of the company until such time s the customer shall have paid the company the full purchase price of the goods supplied under the contract or any other contract. Until such time the company shall be entitled to recover the goods or any part thereof and for the purpose of exercising   such rights the company its employees and agents with appropriate transport may enter upon the customer’s premises   and any other location where the goods are situated.

9.2. The customer is hereby granted a license by the company to incorporate the goods in any other products.

9.3. The customer is hereby licensed to sell on the goods and any products incorporating them. The customer shall, immediately upon receipt of the proceeds of sale, and whether or not payment has become due under clause 5 hereof, remit to the company the full purchase price of the goods sold on less any part thereof which has already been paid and until such amount has been so remitted shall hold such a amount as trust and agent for the company.

9.4. The customer shall maintain all appropriate insurance in respect of the goods from the date or dates on which the risk therein passes to it. In the event of any loss or damage occurring whilst the goods remain the property of the company the customer shall immediately on receipt of the insurance monies remit to the company the full purchase price of the goods lost or damaged less any part thereof which has already been paid and until such amount as trustee and agent for the company.

9.5. The licenses granted under sub-paragraph 9.2. and 9.3. above shall be terminable forthwith at any time upon notice  by the company  to the customer.

10. International Supply Contracts – Title

In the case of International Supply Contracts property in the goods will pass to the customer upon delivery.

11. Risk in the goods and in customers goods

11.1. Except for International Supply Contracts  and unless otherwise agreed in writing  by the company, the risk in the gods will pass to the customer on the relevant date or, if delivery is postponed  at the customers request, when the goods are ready for despatch..

11.2. Subject to the provisions of clause 8 the company will not be liable for any loss of or damage to any goods left by the customer with the company. This provision will apply whether or not the loss or damage is attributable to the company’s or its servants’ or agents negligence or willful default and the customer shall insure such goods accordingly.

12. Intellectual Property Rights.

12.1. Unless otherwise agreed in writing by the company all copyright, unregistered design rights, Registered Designs or other intellectual property rights in any design, drawing or other documentation may not be used without the company’s prior written consent.

13. General

13.1. These conditions and the contract are governed by English Law and the parties agreed to submit to the jurisdiction of the English Courts in the event of a dispute.

13.2. The headings in these conditions are inserted for convenience only. They are not to affect their interpretation or construction.

13..3. If any provision of these conditions becomes illegal or void for any reason, the validity of the remaining provisions shall not be affected.

13.4. Failure by the company to enforce strict compliance with these conditions will not constitute a waiver of any of these conditions.

14. Limitation on usages.

If the product is specified for a particular us e it shall not be used or resold for any other purpose save with the company’s consent in writing.

15. Performance.

All performance figures are approximate only and the company shall be under no liability whatsoever in respect of failure to obtain such figures unless performance within certain limits has been specifically agreed.

16. Inspection and tests.

Any tests other than standard works inspections will be paid for by the customer.

17. Machining, processing or embodiment of customer’s material.

17.1. Materials or goods sent by the customer to the company for whatever purpose shall be delivered to and collected from the customer’s premises free of all charge s and expenses to the company. The company’s prices for machining, embodiment or processing do not include either packing, handling charges or the cost thereof. The customer also agrees to pay the full cost of packing or packing cases.

17.2. All metal removed during the course of such operations becomes the company’s property and is allowed for in the estimate.

17.3. Should any material or goods sent for machinery processing or embodiment be spoiled or damaged or should the work carried out not conform to the specification requested by the customer, the company does not  accept liability for the value of such material or goods  or the cost of any prior operations performed thereon or for any consequential  or other loss of any nature whatsoever .In such event  the company’s sole liability shall be to re-execute ,free of charge, the work which it has agreed to perform under this contract upon replacement goods or materials supplied by the customer at his own cost.

17.4. Sub paragraph 17.3. above applies also to finished parts sent to the company for fitting or other purposes.

17.5. The goods or materials sent by the customer for such purposes shall be reasonably soft, homogenous and suitable for rapid machining, and should any material or goods be spoiled owing to hard places or defective material, the customer shall pay the company for the work done and shall be liable to the company for the cost of any consequential damage to cutters or other tools caused thereby. In such case the company shall not be liable for replacements.

17.6. The company does not undertake to check or rectify the customer’s materials or goods; neither does the company accept liability for loss or damage after despatch.

17.7. In the event of the customer not being the owner of goods or materials sent for machining, processing embodiment, fitting or other purposes as aforesaid  , the customer warrants with the company:-

a)  that the customer has informed the owner thereof of  this contract and the terms thereof and in particular that the company accepts no liability for loss or damage to such goods or materials aforesaid:

b)  that the customer has, in any contract which exists between him and the owner of such goods  or materials  or any other party, included terms  whereby liability for loss of or damage to the same is excluded in terms at least as favourable to the company as the terms of this contract  including, without prejudice to the generality of the foregoing, terms which will effectively exclude the liability of the company to the owner thereof or any other party in respect of such loss or damage, whether in contract, negligence, bailment or otherwise howsoever.

c) that in any event the customer will indemnify the company against any claim made against the company in respect of loss of or damage to such goods or materials  made by the owner thereof or any other party.

 CONDITIONS OF SALE BY MAIL ORDER

We accept the following methods of payment: 1.Visa, Mastercard, Switch, 2. Electronic transfer direct to our Bank Account (please phone for details) 3. Cheque. We will clear all cheques prior to dispatch, (allow 5  working days for clearance) 4. Postal Order. 5. Cash sent by registered mail. Payment may be in pounds sterling or Euros. We reserve the right to allow payments by cash in other currencies at our discretion, by prior agreement and subject to relevant administration charges.

Please use our order form where possible, a copy of this can be found at the back of our catalogue and on the website. Ensure that you fill in all the information that we will require in order to process your order swiftly, including your name, address and contact details. It is very important to quote your engine and chassis number with every order. Orders received that do not contain our order numbers will be processed after orders that contain all of the details we require. (Please request our  parts catalogue to obtain the correct order numbers. We also recommend you buy an original Factory Parts List if available for your model. Orders are also accepted via our website, email, phone and fax.

All goods in the catalogue are offered subject to availability. We endeavour to despatch within 2 working days of receipt of order, and where possible are quicker than this. Please allow a realistic period of time for delivery, especially for oversees orders, and help us by avoiding premature enquiries by phone ( should your order not arrive within 2 weeks, please contact us , parcels do get lost from time to time and we will need to trace the parcel within 30 days of dispatch or we cannot claim on your behalf for its loss.) Orders may be delayed during our busy periods or where we are out of stock of any items. In the event we are out of stock of any items we will determine whether to ship your order part sent or hold it awaiting delivery of spares. Please advise when placing your order if you would like your order part sent should any items be out of stock, or whether you would prefer it to be held until the order is complete. Goods lost in transit will be subject to investigation by the company used for transit. If the investigation shows the goods customer’s claim to be valid, a replacement consignment will be sent in due course. Orders worth over £100.00 are automatically sent with parcel insurance.However, SRM Engineering Ltd, cannot , and will not accept any liability for goods lost or damaged by the Post office .Please remember to allow sufficient funds for postage and packaging., ask for postage pricing, as this varies depending  on weight of package, method sent, value of  goods. Any excess sent by cheque or bankers draft will be credited to your account and used against future orders. If you are paying by credit or debit card we will work out the exact postage for you at the time of dispatch and you do not need to work this out for yourself. Postage and packaging charges start at £3.00 minimum for overseas orders. There has been a major alteration in the way that all of our  couriers work out carriage charges and our parcels now have to be priced on a weight versus volume basis, whichever is the greater.

All prices and specification are subject to revision without notice. You are advised to check if your catalogue is the most recent edition, this information can be found on the inside front cover.

PARTS WARRANTY AND SUITABILITY

All new parts supplied by SRM Engineering Ltd are warranted against defects in materials and workmanship. In most cases warranty will not cover labour,failure of a related component, failure resulting from faulty fitting or misuse , nor would the liability exceed the cost of the original component supplied. During the waranty period (usually 12 months from date of purchase , NOT date of fitment.) During the warranty period , should any problem arise, you must contact SRM immediately , we will then advise the next course of action to take. With all claims , the original component that SRM supplied must be returned to SRM along with a copy of the relevant invoice. NB A word of warning to ametuers and the home mechanic .Many components require fitting skills beyond the ability and engineering resources available at home. We cannot therefore accept any responsibility for damage caused by incorrect fitting of parts supplied by SRM. In any difficulty we are only a telephone call away for advice and technical help .Whilst every effort is made to supply the correct components , due the the huge variation of BSA, Triumph and Norton motorcycle models , and possibly many machines are made up from parts from different years and models , the final onus is on the fitter to ensure the accuracy of precision parts .The rule is that if it does not appear to fit , measure it with a micrometer or vernier gauge , and check with the tolerances laid dwon in the manufacturers manual .If you do not own or have access to this equipment , or have the experience , save yourself time, stress and money and entrust the job to someone who is well qualified.

SRM Engineering Ltd will always give full consideration to any complaint received, but their liability will be limited in all circumstances to the refund of monies received or to the supply of satisfactory goods.

SRM Engineering Ltd. will not be liable for any delay or failure in carrying out their obligations which is caused wholly or partly by an Act of God, delay in transportation, labour dispute, fire, flood, war, accident, Covernment action, inability to obtain adequate stocks, materials, equipment, fuel, transportation or any cause beyond their control  or beyond the control of that of their servants or agents. 

EXCHANGE OR REFUND PROCEDURE – NORMAL STOCK ITEMS ONLY

Should you wish to return your purchase, you must contact us first to obtain a returns number. We will credit your SRM customer account for returns within 28 days of receipt (this credit can be offset against future orders or used for goods in exchange) this credit cannot be used until it has been applied to your account. We reserve the right to charge a 10% re-stocking fee to cover administration charges, (this charge is always applied when refunds are requested by cash, cheque or to your credit/debit card.) Any goods returned for credit must be returned within 14 days of receipt in an unmarked resalable condition. This does not affect your right to return  faulty goods, but items will not be accepted if returned as faulty after 14 days if the defect complained of would have been obvious upon receipt. Non faulty items can only be returned after 14 days by prior agreement with us. Unsolicited late returns, or items returned in marked or modified condition may be refusewd by us or subject to whatever charges or deductions we may feel appropriate in the circumstances. For your own protection it is advisable to obtain a receipt when posting returns and to pack items carefully to avoid damage. We do not accept any faulty returns that have past their warranty period, regardless of when they were actually fitted. The warranty period on most goods is one calendar year from the date of purchase (not the date of fitment!) Some goods have a shorter warranty, some have a longer one, please check prior to purchase the length of warranty offered on the goods you wish to purchase. Products used for any purpose other than for what they were designed for, carry no warranty e.g. a road spare used for racing.

DELIVERY CHARGE REFUNDS

Costs incurred in delivery or return of goods are generally non refundable .Claims will  only be considered if there is clear evidence of fault on the part of SRM Engineering Ltd. It is your responsibility to supply the correct order codes for the goods you wish to purchase Where no part number is supplied by you, we will supply the  part we consider correct, given the information you have supplied regarding your motorcycle. If you did not supply the correct order number and we supply an incorrect part, we will not refund any return postage.

ACCEPTANCE OF TERMS AND CONDITIONS OF SALEThe placing of an order with us constitutes an acceptance of these terms and conditions of sale by the purchaser. Since no written acceptance of orders is normally made by SRM Engineering Ltd. the Contract between them and the Customer shall be deemed to be made on the recorded date of acceptance by SRM Engineering Ltd.

N.B. Please remember to add postage for mail order deliveries and V.A.T. if you live within the EEC (15%) VAT must be added to P&P for all UK and EEC deliveries.