TERMS & CONDITIONS OF SALE FOR ALL SALVAGE VEHICLES & PARTS

 

The following is a legally binding contract between you and Douglas Valley Breakers limited ("Douglas Valley"), which determines your contractual relationship with Douglas Valley and your behaviour on our web site, Physical Site or Third Party Web based site where we may sell our salvage . These terms and conditions shall be referred to as "the Agreement". Please note that you are agreeing to be bound by the terms of the Agreement, in particular, you are committing yourself to be bound by any bid you submit, any offer you make or by purchase after viewing our website or any third party web or auctions sites that we use.

1. Scope of Agreement This Agreement sets out the rights and obligations of Douglas Valley and all users of it's web site, physical Site or third Party web based site where we may sell our salvage.("the Site") and those who bid for items placed for auction or sale on the Site or at the physical site ("CUSTOMERS") in relation to all services offered by Douglas Valley Breakers Ltd through the Site or other Auction or other third party internet based sites.

2. Changes to these Terms and Conditions. Douglas Valley Breakers Ltd reserves the right to amend this Agreement from time to time, and post the new version on the Site. If Douglas Valley exercises this right, Douglas Valley will place notification of such changes on the www.douglasvalley.co.uk. The new Agreement shall be effective, and will govern all bids made immediately after notification and will also govern all other activity on or through the Services and the various parties' relationship with Douglas Valley. If a person does not wish to be governed by the new version of the Agreement, the person must cease to participate in Auctions or buying or bidding from our physical site and cease to use the Services where Douglas Valley Breakers ltd offer their salvage vehicles for sale.

3. General Requirements for Customers.

4. Salvaged Vehicles. The Salvaged Vehicles offered for sale on the Site or any equivalent site used by Douglas Valley Breakers Ltd shall each be categorised as either Category B, Category C, Category D or Category X, Category U. Unless expressly stated in otherwise, all Salvaged Vehicles will have been reported to MIAFTR and will show up on vehicle checks.

5. Vehicles that are purchased by customers over the phone or at the site must be removed from site within 48 hours unless written notification is sent by the company allowing an extension to this period. After 48 hours a daily storage charge will apply of £20 per day. The distance selling legislation and trading standards legislation exists for cancellation of vehicles up to seven days but this cooling off period does not apply to storage charges on vehicles.

6. Any deposits left which are then to be reclaimed before the seven day cooling off period will also have any relevant storage charges deducted before the refund is processed.

7. If cancellation is made within 48 hours in writing any storage charges will be waived from the sale.

8. Viewing of vehicles is always available and is encouraged, any damage occurring to the vehicle after purchase during loading or storage is at the purchasers own risk and adequate insurance should be taken out when leaving a deposit.

9. Indication of Damage and Images. For each Salvaged Vehicle sold at our physical site, web site or third party auction site, Douglas Valley shall provide an indication of the damage to the Salvaged Vehicle (the "Indication"), and one or more images (the "Images"). The actual condition of a Salvaged Vehicle may vary substantially from the Indication, and the appearance of the Salvaged Vehicle may vary substantially from the Images. The Indication is not intended as an authoritative, completely accurate description of the Salvaged Vehicle, and therefore may not be relied upon by the Customer as such. The Images are not intended as a completely accurate representation of the appearance of the Salvaged Vehicle, and therefore may not be relied upon by the customer as such. Without limitation to any right of intervention in any Salvage Auction expressed elsewhere in this Agreement, Douglas Valley expressly reserves the right to intervene in any Salvage Auction to amend the Indication and/or the Images of any Salvaged Vehicle. Notwithstanding that right, DOUGLAS VALLEY EXPRESSLY EXCLUDES ANY RESPONSIBILITY OR LIABILITY IN RESPECT OF ANY LOSS ARISING OUT OF THE INACCURACY OF ANY INDICATION OR ANY IMAGES OR IN RESPECT OF ADDITIONAL DAMAGE IDENTIFIED ON DELIVERY/COLLECTION.

10. Sign writing on vehicles. Douglas Valley expressly reserves the right to remove or obscure (by whatever means it deems necessary) any sign writing that may be on a vehicle put up for auction, after the auction has concluded but prior to that vehicle being released from Douglas Valley's premises.

11. Inspection. Douglas Valley may, in its sole discretion, make certain Salvaged Vehicles available for inspection by the customer (an "Inspection"). The customer is encouraged to conduct an Inspection whenever such Inspection is made available. For the avoidance of doubt, the customer does not have a right to an Inspection, and nothing in this Agreement obligates Douglas Valley to provide an Inspection.

12. The winning bid in any Auction will be the highest bid which exceeds any reserve and meets any other express conditions of the relevant Salvage Auction ("Winning Bid"). If a bid made by a customer is followed by a higher bid by another customer that is later removed by Douglas Valley for any reason, Douglas Valley may in its sole discretion decide whether to accept the previous highest unsuccessful bid as the Winning Bid. With this exception, all unsuccessful bids will lapse after closure of the relevant Auction.

13. Bids are not retractable. If the customer places the Winning Bid, and the customer's bid is accepted, then that customer (the "Winning Bidder") shall be legally obligated to complete the transaction.

14. VAT. The prevailing VAT standard rate will be applied to all commercial vehicle sales, and motor car sales that are covered by the VAT Act 1994 Section 4.

15. The Winning Bidder shall be required to make confirmed payment in full and collect the vehicle within 7 calendar days (including day of auction or of sale closure) of the date of the auction closing and or transaction at physical site.

16. Notwithstanding any other provision in this Agreement, Douglas Valley hereby reserves the right, at its sole discretion, to dispose of any Unclaimed Vehicle 7 days after the closure of an auction or sale at its physical site in whatever way Douglas Valley decides, including, but not limited to the following: (i) offering the Unclaimed Vehicle to another bidder who participated in the relevant Salvage Auction; and (ii) re-auctioning the Unclaimed Vehicle on any Internet Site.

17. Douglas Valley reserves the right to cancel the registration and all associated rights of any Winning Bidder who does not make payment in full within the Payment and Collection Period.

18. THE WINNING BIDDER IS REQUIRED TO MAKE FULL PAYMENT TO DOUGLAS VALLEY IN RESPECT OF THE SALVAGED VEHICLE THAT HE HAS SUCCESSFULLY BID FOR AND ALL RIGHTS OF THE WINNING BIDDER TO SET OFF (WHETHER BY LEGAL OR EQUITABLE SET OFF OR OTHERWISE) AMOUNTS CLAIMED AGAINST DOUGLAS VALLEY AND/OR DUE FROM DOUGLAS VALLEY AND WHETHER IN RESPECT OF ANOTHER SALVAGED VEHICLE OR OTHERWISE IS EXCLUDED. FOR THE AVOIDANCE OF DOUBT, EACH WINNING BID IS A SEPARATE TRANSACTION.

19. THE CUSTOMER SHOULD UPON DELIVERY OR COLLECTION OF THE SALVAGED VEHICLE CHECK THE SALVAGED VEHICLE AS THIS IS DEEMED TO BE THE POINT AT WHICH THE CUSTOMER HAS ACCEPTED THE SALVAGED VEHICLE. REFUNDS AND COMPENSATION WILL NOT BE GIVEN UNDER ANY CIRCUMSTANCES ON A SALVAGED VEHICLE AFTER A CUSTOMER HAS ACCEPTED IT.

20. The customer hereby agrees that it shall use suitable vehicles for the collection of the Salvaged Vehicles, such vehicles to be roadworthy and safe, fit for purpose, generally presentable and comply with all relevant legislation.

21. Cherished/Personalised registration numbers do not form part of nor are they included in any sale transaction.

22. The Vendor and DOUGLAS VALLEY agree that title to the Salvaged Vehicle shall pass to the customer upon payment by the customer of all monies owed by the customer to DOUGLAS VALLEY.

23. Where the Salvaged Vehicle has not been picked up 7 days after the auction or purchasing directly from Douglas Valley's site in Standish, DOUGLAS VALLEY reserves the right to retain possession of the Salvaged Vehicle and the Vendor will retain title as detailed in the preceding paragraph.

24 EXCLUSION OF WARRANTIES

25. ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, IN RESPECT OF THE SALVAGED VEHICLES ARE EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW (INCLUDING WITHOUT LIMITATION WARRANTIES AND CONDITIONS AS TO FITNESS FOR PURPOSE, DESCRIPTION, AND SATISFACTORY QUALITY). THIS APPLIES TO THE PRE-ACCIDENT CONDITION AND MAINTENANCE OF THE VEHICLE AND THE POST-ACCIDENT CONDITION AND MAINTENANCE OF THE SALVAGED VEHICLES.

26. THE CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT ANY SALVAGED VEHICLE OR PARTS PURCHASED BY THE CUSTOMER SHALL BE PURCHASED IN THE STATE AND CONDITION IT IS IN AT THE TIME OF PURCHASE WITH ALL FAULTS AND DEFECTS ("AS IS"). THE CUSTOMER FURTHER SPECIFICALLY ACKNOWLEDGES THAT THE SALVAGED VEHICLE OR PARTS PURCHASED "AS IS" MAY BE DAMAGED, DEFECTIVE OR OTHERWISE UN MERCHANTABLE AND/OR OF UNSATISFACTORY QUALITY, AND UPON COLLECTION / DELIVERY THE CUSTOMER FULLY ACCEPTS THE VEHICLE AND/OR PARTS IN THIS CONDITION. ALL MILEAGE INDICATORS PUT ON OUR WEB SITE OR ON ANY PARTNER AUCTION SITES ARE TO BE DEEMED AS INCORRECT OR FALSE. NO GUARANTEE IS GIVEN ON MILEAGE AS THE VEHICLE MAY DISPLAY INCORRECT MILEAGE DUE TO THE NATURE OF THE ACCIDENT OR DAMAGE TO THE SAID VEHICLE. DOUGLAS VALLEY BREAKERS LTD OFFERS NO GUARANTEE AS TO THE CORRECT MILEAGE AND ANY ERRORS MADE BY STAFF WHEN POSTING MILEAGE OR DESCRIPTIONS MUST BE NOTIFIED BY THE CUSTOMER AT THE COLLECTION OR DELIVERY POINT TO DOUGLAS VALLEY BREAKERS LTD AND THE VEHICLE OR PARTS AT THAT POINT REFUSED. ACCEPTANCE OF THE VEHICLE OR PARTS AT COLLECTION OR DELIVERY BINDS THE CUSTOMER TO THESE TERMS AND CONDITIONS AND NO REFUNDS OR COMPENSATION WILL BE GIVEN AFTER THAT POINT IN TIME..

27. Customer's Obligations After the Sale

28. The Category B customer hereby agrees to comply with the ABI Code of Practice and all other laws and regulations with respect to the removal of useable parts and the destruction of Category B Vehicles, whereby once salvageable parts have been removed the shell, frame and chassis must be crushed. Air bags and seat components must be properly disposed of in accordance with manufacturers instructions and in accordance with the insurance industry requirements that these items must never be resold. (iii) The category B customer agrees that the structure of any category B vehicle will be destroyed in its entirety. Under no circumstances can a section of the vehicle structure be cut out prior to destruction. For the avoidance of doubt the structure is defined as the body shell of the vehicle, or the chassis for a vehicle with separate body and chassis. (ii) resell the Category B Vehicles purchased on the Site.

29.THE CUSTOMER, WHETHER A CATEGORY B CUSTOMER OR NOT, AGREES TO INDEMNIFY AND HOLD DOUGLAS VALLEY HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, DEMANDS, ACTION OR CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE CUSTOMER SUBSEQUENT RESALE OR DISPOSAL OF A SALVAGED VEHICLE, WHETHER A CATEGORY B VEHICLE OR NOT.

30. LIABILITY

31. CONSEQUENTIAL LOSS. DOUGLAS VALLEY SHALL NOT BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY MONETARY AND/OR ECONOMIC LOSSES AND/OR PROPERTY DAMAGE OF ANY TYPE AND WITHOUT PREJUDICE TO THE GENERALITY OF THIS EXCLUSION WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, OR FOR ANY LOSS OF DATA, PROFIT, REVENUE, INCOME OR BUSINESS, HOWSOEVER CAUSED (WHETHER ARISING OUT OF ANY NEGLIGENCE BY DOUGLAS VALLEY, THEIR EMPLOYEES OR THEIR AGENTS OR BREACH OF THIS AGREEMENT OR OTHERWISE), EVEN IF THAT LOSS OR DAMAGE WAS FORESEEABLE BY, OR THE POSSIBILITY OF IT WAS BROUGHT TO THE ATTENTION OF, DOUGLAS VALLEY. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS AGREEMENT SHALL LIMIT DOUGLAS VALLEY'S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM DOUGLAS VALLEY'S NEGLIGENCE.

32. DEALER'S DUTY TO INDEMNIFY. THE CUSTOMER HEREBY AGREES TO INDEMNIFY DOUGLAS VALLEY AGAINST ALL LIABILITIES, CLAIMS AND EXPENSES THAT MAY ARISE FROM ANY BREACH OF THIS AGREEMENT BY THE CUSTOMER.

33. All product names mentioned herein are the trademarks of their respective owners. Some documents may contain other proprietary notices and copyright information relating to that document or organisation. You agree that DOUGLAS VALLEY has not conferred by implication, or otherwise, any licence or right under any patent, trademark or copyright (except as expressly provided) of DOUGLAS VALLEY or of any third party.

34. THE INFORMATION CONTAINED ON THIS WEBSITE IS FOR INFORMATION PURPOSES. WHILST CARE HAS BEEN TAKEN IN ITS PREPARATION, DOUGLAS VALLEY DOES NOT MAKE ANY WARRANTIES NOR REPRESENTATIONS AS TO ITS ACCURACY OR RELIABILITY. WE NEITHER ACCEPT NOR ASSUME ANY LIABILITY IN RELATION TO THE CONTENTS OF THESE PAGES WHICH SHOULD NOT BE RELIED UPON AS ACCURATE. IN NO EVENT DO WE ACCEPT LIABILITY OF ANY DESCRIPTION INCLUDING LIABILITY FOR NEGLIGENCE FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THE VIEWING, USE OR PERFORMANCE OF THIS AREA OF THE WEBSITE OR ITS CONTENTS. The information in these pages may be updated from time to time and may at times be out of date. DOUGLAS VALLEY BREAKERS LTD ACCEPT NEITHER RESPONSIBILITY FOR KEEPING THE INFORMATION IN THESE PAGES UP TO DATE NOR LIABILITY FOR ANY FAILURE TO DO SO.

35. All users are advised to check advertisement details carefully before entering into any agreements of any kind. If in doubt, please seek legal advice.

36. Choice of law and jurisdiction clause This Agreement is governed by and is to be construed in accordance with the law of England and Wales

37. Category of Salvage

All vehicles sold by Douglas Valley Breakers Ltd are categorised as A,B,C,D,U,X where Douglas Valley Breakers Ltd have indicated the category this may not be the actual category that is applied to the vehicle. It is the buyer's responsibility to ensure that they make an HPI GOLD check on any vehicles so that if a category is added at a later date or a category changed then recourse via HPI's Insurance scheme can be made by the buyer. The buyer should also check with the DVLA that the vehicle can legally be returned to the road and that the Secretary of State for Transport has not refused the issue of a replacement registration document.

Douglas Valley Breakers Ltd will not be held liable for any category changes, wrong categories applied to vehicles via our web site, auction disposal sites or physical sales site or references made by sales staff to categories. The liability is placed with the buyer for vehicles that are not categorised or not shown on HPI and these vehicles may in the future appear as categorised. On occasion vehicles may be categorised twice on HPI as the claim involves two vehicles and two separate insurance companies. This can result in the vehicle being listed as a category D by one insurer and a Category C by another for the same claim.

Douglas Valley Breakers Ltd will not be held liable for category changes, wrong categories, or double categorisation or consequential loss or damages suffered by a category change or addition.

All vehicles are sold as scrap for spares or repair and no warranty is given to the scrap or to the category applied to the vehicle. Douglas Valley Breakers Ltd will also accept no liability for previous categories applied to a damaged vehicle. Often vehicles have been written off several times and it is the buyers responsibility to make all the necessary checks with HPI, Experian and the DVLA into the vehicle's history. It is also the responsibility of all buyers to make sure that a VIC inspection is not required for the vehicle, this can be done by calling or writing to the DVLA. Douglas Valley Breakers Ltd accept no liability for vehicles sold that require further VIC inspections to obtain the registration document.

If the buyer is in any doubt after making the various checks then DON'T proceed with the sale. In order to prevent vehicle crime, categories may not be recorded but then added at a later date. Target vehicles exist and are often not categorised. These vehicles may then be subject to police and DVLA inspections before the V5 is issued. Douglas Valley Breakers Ltd will not be held liable for the costs of an inspection or addition of the category on a target vehicle.

38. Privacy Statement

If you send us correspondence, including emails and faxes, we may retain such information in the records of your account. We retain these records in order to keep records of our relationship, to measure and improve our customer service, and to investigate potential fraud and violation. We may overtime, delete these records if permitted by by law.

39. Parts Guarantee

All goods are warranted to be in satisfactory working order at the time of purchase. In the event of a fault arising within the guarantee period the seller reserves the right to either repair or exchange the goods. If replacement goods cannot be found within a reasonable time then the full purchase price will be refunded. This will only happen on production of the original sales invoice and only if the goods are returned in the same condition as when the goods were supplied. Douglas Valley will not hold itself liable to reimburse you for any installation charges no matter how the are incurred unless otherwise stated.

There is a 20% handling charge for all parts that were correctly supplied by us that are returned. In the case of parts delivery via courier or post, this cost is non-refundable if the part was correctly supplied by us.

40. Standard Guarantee

All goods sold by Douglas Valley will carry a minimum 30 DAY WARRANTY from the date of purchase. Under no circumstances will Douglas Valley entertain any claim(s) whatsoever in regard to labour costs/charges involved in fitting, removal and or changing of the parts supplied by the company.

The 30 DAY WARRANTY will only cover parts purchased for general / public road use and will be VOID of any WARRANTY if fitted to any type of Race / Track car or for any other type of off road use.

41 Quality

Any parts purchased will comply with the Sale and Supply of Goods Act 1994 (English Law) and be of "Satisfactory quality" unless specified at the time of sale.

Any parts purchased will carry a minimum guarantee of 30 Days

Only parts listed on your invoice/receipt are covered by the guarantee/warranty.

No parts may be altered, modified or dismantled in anyway without prior written permission from Douglas Valley Failure to comply with this will invalidate you guarantee/warranty.

ALL MAJOR CREDIT CARDS ACCEPTED(please put symbols/images of the same)

42. General
All goods remain the property of Douglas Valley until payment has been received in full.

43. Delivery
Douglas Valley will only contact you if your required part is available by us and ready for dispatch. We will try to deliver your parts to you within two working days of your order within the UK and 3-5 working days to overseas destinations, where this is practical. However delays may sometimes occur which are outside of our control. Any date specified for delivery are therefore approximate only. If delivery is delayed for more than 21 days, you have the right to contact us and refuse to accept the products. In these circumstances, we will refund any monies paid by you for those products and delivery monies you have been charged. However we will not be responsible for any other losses, costs, damages or charges that you may suffer if we delay in supplying or do not supply those products. At the time of delivery you will be required to validly sign-off on the delivery of the products, after which time the products become your sole responsibility.

44 Delivery of Bonnets, Wings and Bumpers
Please note that Bonnets, Wings and Bumpers are very fragile due to their large thin profile and are therefore prone to damage. We therefore use specialist couriers to ship these parts to limited commercial locations within the UK and Ireland only (most urban commercial/garage locations are suitable). If you wish to be assured of delivery please confirm this with us when placing your order.

45. Inspection of Goods and sign-off of Delivery
All goods must be inspected upon delivery before signing. If goods prove to be damaged, do not sign and contact Douglas Valley within 2 working days. On delivery, please inspect all goods before signing, this is to ensure that the item has not been damaged during transit/carriage. If courier refuses you to inspect the goods, simply write the word 'Damaged' and then sign. This is to ensure that if necessary, a claim can be made against the Courier company.

46. Shortages or damaged goods
In the event that a part(s) are supplied and prove to be incorrect or faulty upon fitting, Douglas Valley must be notified within 2 working days upon receipt of the goods in writing. If a replacement is not available then a full refund will be offered, the customer must return the goods with their original security markings intact. The goods must be returned for inspection by the customer at the customers expense. If they are examined and found to be defective or faulty the return freight will be refunded. If the goods are not returned by the customer the warranty will start to expire from the day of delivery. When purchasing engines or gearbox's sensors, cables, brackets, ancillaries are not included unless its shown on your invoice and do not form part of the contract for the goods you are supplied core goods as per the manufacturer's specification or Wikipedia online description.

47. Correct parts supplied/ delivered In the event that a part is supplied correctly but you have made an error whilst ordering that part, Douglas Valley must be contacted within 2 working days in writing and the part(s) returned to us within 7 days (for UK customers and 10 days for customers outside of the UK) of purchase at the cost of the customer. We will refund the customer subject to charging a handling fee of 20%. If you consider that the part is faulty you need to return the goods at your expense for inspection. If the part is indeed faulty we will refund you those costs in full. The part returned must have our security markings

48. Claims / Refunds
When you purchase online, you have a statutory right to return a product (other than perishable produce) within 7 days after your order has been delivered for replacement(cooling off period). You have a contractual obligation and we are contracted to you to supply a suitable part or replacement within 14 days of the initial order. If we are unable to supply you a replacement product within 14 days then we shall terminate the contract and refund your money. If a product is damaged or faulty please contact Douglas Valley and we will provide a replacement. Refunds will only be given where we are unable to complete the contract and terminate because no other suitable part is available. Persons or parties that return goods that are faulty and then do not allow us 14 days to provide a suitable replacement will be in breach of these terms and conditions of sale and in breach of contract. All parts are digitally imaged and the images recorded at Douglas Valley Breakers Ltd head office.

49. Electrical Units
Electrical units cannot be returned for credit if they have been fitted.

50. Engines
All engines purchased must be Installed by a qualified and recognised motor mechanic and must be fitted with a new timing belt/cam belt/ chain and filled with new oil and filters upon installation. Failure to follow this procedure will result in the guarantee/ warranty being rendered null and void. Proof of Purchase and Professional Installation will be necessary to proceed with any Warranty claim.

51. Gearboxes
Please ensure all gearboxes are filled with new oil upon installation. Failure to this will result in the guarantee/ warranty being rendered null and void.

52. Returned Parts
Parts returned for credit must be returned in their original packaging.

53. Surcharges
Surcharges must be paid on purchase of all exchange units. The surcharge will then be credited when the old unit has been returned has been returned and passed through our returns department.

54. Exchange Units.
Exchange Units cannot be refunded if Douglas Valley consider the part/s to be in unserviceable condition.

55. Suitability of Parts
It is the responsibility of the customer to assure himself that the parts supplied are suitable and correct for the application involved.

55a. All tyres are sold as scrap with no warranty not for road use and for packaging purposes only.

56. Stocking Policy
We sell parts that are generally known as replacement parts.

These can be;

Manufactured by or on behalf of the car maker (common word 'Genuine') and carry the manufacturer's logo Manufactured by a supplier that supplies the car maker (common term 'original') and carry the manufacturers logo Manufactured by a supplier who does not supply the car maker

NB we supply recycled and new auto parts

57 GENERAL
We shall not be liable for any failure to perform any of our obligations under these terms and conditions which is caused by circumstances beyond our reasonable control, including but not limited to any force majeure incident. Our failure to exercise any right or provision of the terms and conditions of sale shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. The section titles in the Terms and conditions are solely used for the convenience of the parties and have no legal or contractual significance.

58. LAWS
The Terms of Condition shall be governed by and construed fully in accordance with the law of the United Kingdom. You and we agree to submit to the exclusive jurisdiction of the courts located in England. If any provision(s) of the Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

59. CONTRACT
No contract will EXIST between you and Douglas Valley for a sale to you for any product or service unless and until Douglas Valley accepts your order by taking payment, confirming your order by email; that it has dispatched your order. That acceptance will be deemed as complete and to have been effectively communicated to you at the time. Douglas Valley sends the email to you (whether or not you receive the e-mail)

60. WARRANTY
These conditions replace and supersede all previous issues.

These conditions shall apply to all contracts for the sale of goods Douglas Valley Breakers Ltd to the buyer to the exclusion of all other terms and conditions which the buyer may purport to apply under any purchase order confirmation or similar documents.

All orders for goods shall be deemed to be an offer by the buyer to purchase goods pursuant to these conditions.

Acceptance of delivery of the goods shall be deemed conclusive evidence of the Buyers acceptance of these conditions.

Cam belts must be changed before fitting the unit.

Thermostat and temperature sensor(s) must be changed.

O/E filters must be used, engine must be flushed.

This warranty covers the block, cylinder head and their associated parts only.

It does not apply to ancillary items attached i.e. manifolds, sump, water pump, diesel injection pump, injection system, turbo, distributor, gaskets, oil and water seals, sensors, pulleys, drains and sprockets.

Most vehicles and parts of vehicles sold from this establishment are auto salvage, are second hand and sold as such. Whilst we wish to give good value to our customers we cannot guarantee each part to be absolutely perfect as this is reflected in our prices when they are compared to brand new items.

All used goods come with a thirty (30) day working guarantee. The guarantee is applied to the subject sold and NOT delivery, labour time, car hire, loss of earnings or any other third party costs. We will always try to supply the exact part that our customers require. Due to variations in make, model, design and years of manufacture, we cannot give any guarantee that the parts are correct for the purpose required. Sales are made on the strict understanding that the customer is responsible for making sure the parts bought are correct for the purpose required. Incorrectly ordered parts shall be subject to a 20% handling charge. In the event that the part purchased is not correct for the particular vehicle we will attempt to replace the part with the correct one if notified within 72 hours IN WRITING.

Any part which is found to be faulty or unserviceable (unless the fault was declared on purchase) will be repaired, exchanged. If notification is made within 30 days of purchase, unless the part was sold under special terms evidence in writing and assuming the part has not been subject to misuse, alterations or substitution.

If after the supply of an engine / gearbox unit from this company (Douglas Valley Breakers Ltd) a fault develops, then this company reserves the right to conduct a mechanical investigative examination - the purpose of which is to safeguard both Douglas Valley Breakers Ltd and the customer/purchaser and to identify any subsequent liability.

If the item sold is found to be defective as a direct result of workmanship or substandard parts etc. Douglas Valley Breakers Ltd will rectify the matter in accordance with the terms of our warranty. Consequently, Douglas Valley Breakers Ltd reserves the right to undertake the initial inspection, thereafter if a dispute arises - or may arise - then this company - and subsequently our engineer or representative is prevented from such an examination, then the warranty issued by Douglas Valley Breakers Ltd may be prejudiced.

Delivery of the goods shall be made to the buyer's nominated address. The buyer shall make all arrangements to take delivery of the goods whenever they are tendered for delivery. Although every effort is made to ensure goods arrive at schedule time, no responsibility can be accepted where any such delay occurs.

Any variations of these conditions (including any special terms agreed between the parties) shall be inapplicable unless agreed in writing by Douglas Valley Breakers Ltd. This warranty is non-transferable.

All engines and gearboxes are supplied on an exchange basis, please ensure that the unit is ready for collection within fourteen days of sale or a surcharge will be applied. If an alternative arrangement has been agreed, please ring Douglas Valley Breakers Ltd to confirm the agreement.

61. USED PETROL OR DIESEL DRIVEN MACHINERY

 All used machinery brush cutters, still saws, mowers, petrol or diesel driven high revolution garden type machinery will carry a limited warranty of 14 days, no refunds or compensation will be given after that period. Due to the nature of this equipment and it's ability to perish due to user error, limited oil and wrong mix etc only a limited warranty is offered. 

62. ANTIQUE ORDERS

 No warranty is given or implied for anything antique or older than 50 years old due to the nature of metal fatigue age etc other than the statutory seven day cooling off period  if sold mail order.