Auto Industry Insider - Independent news and technical information for the auto industry
Independent news & technical information for the auto industry

Terms of conditions and supply

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the services (Services) listed on our website [Auto Industry Insider] (our site) to you.  Please read these terms and conditions carefully before ordering any Services from our site.  You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

1. Information about us

1.1 We operate the website. We are Auto Industry Consulting Limited, a company registered in England and Wales under company number 07614898 and with our registered office at 10 St Georges Yard, Farnham, Surrey, GU9 7LW.  Our main trading address is PO BOX 307, Alton, GU34 9GW. Our VAT number is GB 114 0217 75

2. Your status

2.1 By placing an order through our site, you warrant that:

(a) you are legally capable of entering into binding contracts; and

(b) you are at least 18 years old; and

(c) you are accessing our site from that country.

2.2 You confirm to us that you shall at all times:

(a) provide us with accurate information regarding your identity;

(b) keep any username and password that you need to access the site strictly confidential;

(c) shall notify us immediately if you believe any unauthorised use has or may be made of the username or password; and

(d) not concurrently log onto the site using the same username and password.

If you breach clause 2.2 (d) your account maybe locked and you may be contacted by us.

3. How the contract is formed between you and us

3.1 After registering on the website, you will receive an e-mail from us acknowledging that we have received your registration. Please note that this does not mean that your registration has been accepted.  Your registration constitutes an offer to us to join our site and buy the Services.  All registrations are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail (“Registration Confirmation”) together for an invoice for the [annual] subscription fee (“Subscription Fee”).

3.2 The contract between us (Contract) will only be formed when we received payment in full of the Subscription Fee and we notify you that we are able to provide the Services.

3.3 The Contract will relate only to those Services set out in the Registration Confirmation. We will not be obliged to supply any other Services which are not listed in the Registration Confirmation.

3.4 Once the Contract has been formed you will be supplied with an individual password and username to access the site and the Services.  Any person who enters the site using the password and username is deemed to be a registered user who has accepted these terms and agreed to be bound by them.

4. Provision of Services

4.1 We will supply the Services to you.  The Services shall constitute an on-line database of [auto industry insider catalogues].

4.2 The Services will be supplied on an annual basis or until otherwise terminated in accordance with these terms.

4.3 We will make every effort to provide the Services on time but there may be delays due to circumstances beyond our control.  In this case we will complete the Services as soon as reasonably possible.

4.4 We may have to suspend the Services if we have to deal with technical problems, or make improvements to the Services.

5. Price and payment

5.1 The Subscription Fee will be as quoted on our site from time to time, except in cases of obvious error.

5.2 Payment of the Subscription Fee must be made in advance of the Services being supplied to you. We will supply you with an invoice and payment must be made pursuant to the terms set out on the invoice.

5.3 You shall be liable to pay all our fees and charges on the due date and time shall be of the essence for payment.

6. Our status

6.1 We may provide links on our site to the websites of other companies, whether affiliated with us or not.  We cannot give any undertaking that services or products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely.  This DISCLAIMER does not affect your statutory rights against the third party seller.  We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

6.2 All copyright, design right and all other intellectual property rights in any materials and other documents or items in this site belong to us and you will infringe our rights if you copy or reproduce any part of the site.

7. Consumer rights

7.1 If you are contracting as a consumer, you may cancel the Contract at any time within seven working days, beginning on the day we supply to you your password and username.  In this case, you will receive a full refund of the Subscription Fee in accordance with our refunds policy (set out in clause 9 below).

7.2 To cancel a Contract, you must inform us in writing. You must also immediately stop using the Services and we have the right to de-active your password and your access to the site.

7.3 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Registration Confirmation.  This provision does not affect your other statutory rights as a consumer.

8. Our refunds policy

8.1 If you have cancelled the Contract between us within the seven-day cooling-off period (see clause 8.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Subscription Fee in full.

8.2 If in the unlikely event that the Services do not conform with these Terms, please let us know as soon as possible.  We will:

(a) provide you with a full or partial refund (depending on what is reasonable); or

(b) re-perform the Services.

8.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

9. Warranty and Indemnity

10.1 We warrant to you that any Service purchased from us through our site will, on delivery conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.

10.2 You shall indemnify us against all costs arising out of the breach of you of any of your obligations under these terms.

10. Our liability

10.1 Subject to clause 11.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the Subscription Fee and, subject to clause 11.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.

10.2 Subject to clause 11.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses result from our deliberate breach:

(a) loss of income or revenue;

(b) loss of business;

(c) loss of profits;

(d) loss of anticipated savings;

(e) loss of data; or

(f ) waste of management or office time.

However, this clause 11.2 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 11.2.

10.3 Nothing in this agreement excludes or limits our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;

(d) defective products under the Consumer Protection Act 1987; or

(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

10.4 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined.  We will not be liable for any breach by you of any such laws.

10.5 Whilst we shall use our reasonable efforts to ensure that the site remains operational, we shall not be liable to you for any failure of this website to function correctly or to be accessible, that are attributable either to matters beyond our reasonable control, or to essential maintenance works.

10.6 We shall post information on the site that has been produced and received from others. Whilst we will try to ensure all the information supplied is correct, accurate and update, you confirm that you shall carry out your own checks to ascertain the accuracy of the information.

11. Termination

11.1 Either one of us may terminate the Contract if the other commits a breach of that Contract and (in the case of a breach capable of remedy) fails to remedy that breach within 14 days of receiving a written notice requiring it to be remedied.

12. Written communications

Applicable laws require that some of the information or communications we send to you should be in writing.  When using our site, you accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our website.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

13. Notices

All notices given by you to us must be given to Auto Industry Consulting Limited at 10 St Georges Yard, Farnham, Surrey, GU9 7LW. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above.  Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

14. Transfer of rights and obligations

14.1 The contract between you and us is binding on you and us and on our respective successors and assignees.

14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

15. Waiver

15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

15.2 A waiver by us of any default will not constitute a waiver of any subsequent default.

15.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.

16. Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

17. Entire agreement

17.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

17.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

17.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

17.4 Nothing in this clause limits or excludes any liability for fraud.

18. Our right to vary these terms and conditions

18.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

18.2 You will be subject to the policies and terms and conditions in force at the time that you order Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Services ).

19. Law and jurisdiction

Contracts for the purchase of Services through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.  Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

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