1.1 - Unless otherwise expressly agreed in writing by Foxwood Boring and Grinding Ltd. (hereinafter called the "company") and notwithstanding anything contained in the customers enquiry, specification, or order to the contrary, these conditions of sale apply to all contracts between the company and the customer.
Price and Payment
2.1 - Any price quoted or published by the company, unless otherwise specifically stated, is deemed to have been calculated on the costs current at the date of quotation or confirmation of the order accordingly such prices are subject to amendment at the company's discretion without notice to the customer and the customer will be invoiced at the price prevailing at the date that the goods are dispatched or delivered by the company or collected by the customer.
2.2 - Payment by the customer shall be through Cash except where the company agrees otherwise. In such an event payment is due 30 days from the invoice and the company reserves the right to charge interest at the rate of 2.5% per month on any amount not paid on due date but this reservation shall in no way constitute a right to the customer to delay payment.
Service Exchange Surcharge
3.1 - When purchasing a service exchange engine from the company, you are accepting the service exchange terms and conditions, which include;
(i) Additional surcharge costs apply when individual core components from the customer's engine are deemed to be unserviceable or missing. These components include cylinder block, cylinder head, crankshaft, camshaft, connecting rods, fuel pump, injectors, turbocharger.
(ii) Alternatively, the customer may provide a serviceable replacement component to void additional surcharge costs.
(iii) All service exchange estimates include a maximum surcharge figure if all components are scrap or missing. An itemised breakdown of individual components can be provided at customer’s request.
(iiii) If the company receives the customers' exchange engine and any core components are missing a surcharge will automatically be applied.
(v) The customer will be charged any surcharge fees once the company has stripped the customers core engine down and identified any faults.
4.1 - Any time or date for the dispatch or delivery of the goods shall be taken as an estimate made by the company in good faith but shall not be binding upon the company either as a term of the contract or otherwise. In no circumstances shall the company be liable for any loss or damage sustained by the customer in consequence of failure to deliver within such time or by such date.
4.2 - Any engines delivered to the company are required to be drained of oil and packaged correctly and securely to a suitable frame or pallet. If any damages occur during transit to the company, at the fault of the customers packaging then the customer is liable to cover the costs of any soiling charge from the courier. If any engine components are damaged during transit due to improper packaging, then the customer is required to provide a replacement or cover the cost for the company to find an alternative.
5.1 - The company's liability in respect of any defect in or failure of goods supplied or for any loss or damage attributable thereto is limited to making good by replacement or repair defects which under proper use appear therein and arise solely from the faulty design, materials, or workmanship within a period of twelve calendar months from the date of the invoice. In the case of a re-manufactured engine the company being a member of the Federation of Engine re-manufacturers extends to the customer the benefit of the warranty approved by the federation of engine re-manufacturers insofar as the same is not inconsistent with the other terms hereof. Any warranty period given by the company will be limited to the works/repairs completed as defined on the invoice/work record or the terms stated on the invoice. At the termination of such period as is appropriate to the goods sold all liability on the company's part ceases.
5.2 - The Company shall not be liable for any claim for consequential damages howsoever arising.
4.3 - In respect of any goods or products supplied by the company but manufactured by other firms, the benefit of any warranties or guarantees given to the company by such manufacturers or suppliers will wherever practicable be passed to the customer subject to the conditions (including maintenance requirements) under which they are given.
5.4 - Customers material or goods shall be delivered to and collected from the company's work free of all expense to the company as the company's prices for machining or processing do not include either handling charges or the cost of freight in either direction. Should any materials or goods sent for machining or processing be spoiled, the company does not accept responsibility for the value of such material or goods or the cost of any prior operations performed thereon. 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.
5.5 - In the event of the customer not being the owner of the goods or materials sent for machining or processing or other purposes as aforesaid, the customer warrants with the company.
(i) - 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 of or damage to such goods or materials as aforesaid;
(ii) - That the customer has, in any contract which exists between him and the owner of such goods or materials or any other party, including 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);
(iii) - That in any event the customer will indemnity 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.
5.6 - The customer must inform the company of any defect or failure of goods in a timely manner for warranty to be applicable. If the fault/defect is deemed not to be the result of work completed by Foxwood Diesel after any required investigations, the customer will be liable for any investigations, repairs or replacements and will be subsequently invoiced.
5.7 - Warranty may not apply if the customer has either themselves or allowed any third party (instructed by the customer) to attempt any investigations or repairs to the engine/vehicle that may have a direct impact on the work completed by Foxwood Diesel.
5.8 All service exchange reconditioned engines come with a 12-month warranty unless stated otherwise on the invoice. The customer must fill out a warranty registration form provided within 28 days of the invoice date to activate the warranty. Failure to register the engine for warranty within the 28 days will result in any warranty claims being voided. During the warranty period Foxwood Diesel will make good any defect, free of charge, as a result of mismatching or assembly so long as;
- In the case of any components supplied by the customer, it is assumed that all such components are free from inherent defects, which would not ordinarily be revealed during the course of commercially acceptable non-destructive testing.
- The defect is not caused by misuse, neglect, accident, racing or speeding trials or by any modification, alteration, repair or attempted repair, except such as may have been carried out by Foxwood Diesel or by some person with Foxwood Diesel written consent.
- The defect must be reported to Foxwood Diesel a soon as practicable after the fault has become apparent. The engine, or component must be made available as soon as it is practicable; and before any attempts at repair, and without further detriment to the condition of the engine or the component, to Foxwood Diesel or if Foxwood Diesel agrees to; any third party nominated by Foxwood Diesel for examination and any necessary repair and replacement within the terms of this warranty.
- In the event that the engine or component is returned to and rectified by Foxwood Diesel, or a third party as mutually agreed between the customer and Foxwood Diesel and subject to written confirmation by Foxwood Diesel in authorising the rectification, this warranty shall apply as if the engine or defective part has been returned to Foxwood Diesel within the terms of the warranty.
- In the event of any disagreement between the customer and Foxwood Diesel as to the nature or extent of the work which Foxwood Diesel is liable under the terms of this warranty the dispute may be resolved by subjecting the matter to the FER’s complaints and conciliation service, or the FER’s arbitration service. All extra costs incurred when using these services, for example, the commissioning of a report by an independent engineer, will be met by the parties in dispute.
- Foxwood Diesel shall not be responsible for payment for any repair work done to, or parts supplied for, and engine re-manufactured by it, until liability has been established. If Foxwood Diesel attends the site and find the issue not to be our fault, the job will be charged as necessary to the customer, for example, travel and labour.
- No variations or modification of the terms of this warranty shall be valid or binding.
- During the period of warranty, should a claim for excessive oil consumption be made, the owner must be prepared to supply adequate information to show that the oil consumption has exceeded the manufacturers standards and that the owner has used and will continue to use lubricating oil, which meets the manufacturers specifications.
- Please read our “Break-In” Procedures for Remanufactured Engines and Suggested Engine Installation Procedures and Instructions leaflets attached with all our engines, all contents must be adhered to; if these leaflets are not attached, please ask, it is very important these procedures are carried out.
- Throughout the period of this warranty, the owner shall maintain and service the engine in accordance with the manufacturers or re-manufacturers recommendations.
- This warranty overrides other contractual agreements in place.
- Nothing above the warranty affects the customer’s statutory rights.
6.1 - The risk in the goods shall pass to the customer upon the happening of either (a) delivery of the invoice by the company to the customer or (b) notification to the customer of the goods being ready for collection.
7.1 - The Company shall be entitled to sub-contract an order or part of an order and the contract may be performed in whole or in part by the company or by a sub-contractor and the company enters into every contract for itself and as agent of any such sub-contractor. Any such sub-contractor shall be entitled to the benefit of the contract and shall be under no greater liability to the customer or anyone claiming through the customer than is the company.
Title and Insolvency
8.1 - The property in the goods shall remain with the company until such time as the customer shall have paid to the company the agreed price in full.
8.2 - Until such time as the customer becomes the owner of the goods the customer will store them on his premises separately from the customers own goods or those of any other person and in a manner which makes them readily identifiable as the goods of the company.
8.3 - The customers right to possession of the goods shall cease if the customer not being a company commits an act of bankruptcy or if, being a company, does anything which if done by an individual would constitute an act of bankruptcy or does anything or fails to do anything which would entitle a receiver to take possession of any assets or which would enable any person to present a petition for winding up. Upon such event the company may for the purpose of recovery of goods pursuant to this condition enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same.
9 - Should customers' jobs / goods remain uncollected after a period of 90 days following the date of invoice, the company reserves the right to dispose of them as it thinks fit.
10 - These terms and conditions of trading and any contract arising hereunder shall in all respects be governed by and construed in accordance with the laws of England.