Access to the Website is subject to the following terms and conditions. Please take the time to read through these before continuing to use the Website.
On accessing the Website on this and on each subsequent occasion you will be deemed to have accepted all of the terms and conditions that apply to its use and to the facilities and services provided by it. We reserve the right to alter these terms and conditions at any time and it is your obligation to check if changes have been made. Your use of the Website after changes are posted on-line shall constitute acceptance of the new terms and conditions.
In these terms and conditions relating to our wesbite:
“we/us/our” means RAW Autos Ltd trading as RAWautomotive.com where RAW Automotive is a registered trade mark logo.
“Website” means the Website
“you”/”your” means the user of the online services.
Access to Website
Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our Website, or our entire Website, to users who have registered with us.
In consideration of our agreeing to permit you to use the Website to search our database of vehicles, you agree that you will only use, reproduce and print materials comprising the results of such searches for your own personal, non-commercial purposes. In particular, you must not use the contact details provided by private advertisers of vehicles to contact such advertisers other than in connection with a genuine enquiry relating to the purchase by you of the vehicle in question.The pages contained in the Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.The information contained in the material in the Website is only for information purposes. The material on the Website does not constitute advice and you should not rely on any material on the Website to make (or refrain from making) any decision or take (or refrain from taking) any action.The Website contains material submitted and created by private and trade dealers and other third parties. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such material.We give no warranties, conditions, guarantees or representations, express or implied, as to:-
(a) the completeness or accuracy of the advice and information contained on the Website or any website to which it is linked;
(b) the content of the advertisements for vehicles included in our database, including but not limited to the ownership, quality, authenticity of any photographs, compliance with description or fitness for purpose of any such vehicles;
(c) the completeness of the results of any search of our database or that the vehicles selected by the search are the only vehicles on our database which might meet the searcher’s requirements.The Website publishes advertisements placed by third parties to advertise their vehicles and other goods and/or services. We do not own the vehicles or goods advertised for sale on the Website and have no liability for these or for any losses that you may incur as a result of purchasing a vehicle, goods and/or any services advertised by third parties. If you choose to purchase a vehicle, goods and/or services advertised for sale by third parties on the Website, the contract will be between you and the third party advertiser and not with us.
- Copyright and trade marks
All rights, including copyright, in the content of these web pages and in the photographs of any vehicles displayed on the Website from time to time and all database rights in our database of vehicles, are owned or controlled for these purposes by us.All trade marks, names, and logos are the proprietary marks of us or of our associated companies. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms and conditions in any way confers on you any licence or right under any trade marks, names or logos.We are not liable for any failure to perform any of our obligations under these terms and conditions caused by matters beyond our reasonable control.Except as expressly permitted by these terms and conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of the Website. In particular, you must not cache any of the contents for access by third parties nor mirror or frame any of the content of the Website nor incorporate it into another website without our express written permission.
The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise by implied by statute.
- Any liability for an direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including without limitation any liability for:
- Loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and for any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or other wise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
We will need to carry out routine maintenance and servicing of our servers and equipment from time to time. While we will seek to keep disruption to a minimum we cannot guarantee that the Website will be continuously available on-line. We therefore provide the Website on an “as is” and “as available” basis.
We make no warranty that the Website (or websites which are linked to the Website) is free from computer viruses or any other malicious or impairing computer programs. It is your responsibility to ensure that you use appropriate virus checking software.
We are not liable for any failure to perform any of our obligations under these terms and conditions caused by matters beyond our reasonable control.
- Links to non-RAW Automotive sites
The Website contains hypertext links to websites that are not operated by us or by our associated companies. We do not control such websites and are not responsible for their content. Our inclusion of hypertext links to such websites does not imply any endorsement of the material contained on the websites or of the owners.
- Links to the Website
You may establish a hypertext link to the home page of the Website, but not otherwise, without the need for our written consent, provided there is thereby no implied endorsement or sponsorship of you, your company or your website by us.
- Registration details
All correspondence relating to the Website should be sent to:
16a Regent Road, Altrincham, WA14 1RP Email: email@example.com
Telephone: 0161 408 0729
Monday – Friday: 9am – 6pm
Saturday: 9am – 5pm
Sunday: 10am – 4pm
Registered in England with company number 08948412
TERMS AND CONDITIONS OF SALE
1. APPLICABLE TERMS
1.1 Any quotation given by RAW Autos – RAW Automotive the “Seller”) is an invitation to the Buyer (the “Buyer”) to make an offer only and no order placed by the Buyer with the Seller in pursuance of a quotation or otherwise shall be binding on the Seller unless and until it is accepted in writing by the Seller’s acceptance of order form or despatch note or delivery note, or the goods are despatched.
1.2 The Seller’s acceptance for the Buyer’s order shall be conditional upon approval of the Buyer’s credit. Where such approval has not been given, cash must accompany the order.
1.3 Any contract made with the Seller for the sale of goods shall incorporate and be subject to these conditions (the “Conditions”) and any representation or warranty, written or orally made or given prior to the contract is hereby expressly excluded and all brochures, specifications, drawings, catalogues, particulars, shapes, descriptions and illustrations, application guides and information, price lists and other advertising matter are intended only to present a general idea of the goods described therein. Any application guidance, cross-reference or other information given by the Seller is for general guidance only and the Seller is not responsible for whether the goods are appropriate for the application or purpose for which they are to be used.
1.4 In the event that no quotation is given by the Seller and the Seller has received an order from the Buyer then provided that the Buyer shall have notice of these Conditions, in such circumstances all goods are sold subject to these Conditions.
1.5 Unless otherwise agreed in writing, the Seller reserves the right to dispatch or deliver goods of a modified design provided that any difference does not make the goods unsuitable for any purpose the Buyer has made known to the Seller.
1.6 The Seller reserves the right to subcontract the fulfillment of the order including any delivery or installation or any part thereof.
1.7 The Seller will provide copies of invoices, advice notes and proofs of delivery on request from the Buyer.
1.8 The Seller reserves the right at its discretion and subject to prior notice to the Buyer to levy a charge for the provision of such copies.
1.9 Part numbers recommended, including alternatives and equivalents, are offered in good faith. Customers are required to check that any parts received are appropriate for the intended application and therefore FPS are not liable should any claim arise due to an incorrect part being fitted.
2. THE PRICE
2.1 Prices payable for the goods shall be the amount shown on the Seller’s prices advice note in UK£.
2.2 The Seller may at any time revise prices to take into account any increase in the Seller’s costs (including but not limited to the cost of new materials, labour, transport or other overheads, any tax, duty or other law and variation in exchange rates). The Seller also reserves the right to levy a surcharge to cover increased costs arising from congestion charges, duties, fuel or other cost price increases.
2.3 VAT will be charged at the rate applicable at the date of invoice, and unless otherwise specified any VAT and any additional duties, taxes and sales levies or surcharges will be added to the invoice price.
3.1 Save as provided in Conditions 1, 2 and 5 hereof or unless agreed in writing by the Seller:
3.1.1 Payment of goods is required in full prior to the dispatch of goods.
The risk in respect of all goods sold under the contract shall pass to the Buyer upon the dispatch of the goods by the Seller from its premises notwithstanding agreement by the Seller to bear the cost of delivery or to deliver the goods itself. In any event the property in the goods shall not pass to the Buyer except as provided in Condition 5 hereof.
5. TITLE RETENTION
5.1 Until the purchase price of the goods comprised in this or any other contract between the Buyer and the Seller shall have been paid or satisfied in full (if by cheque then only upon clearance):-
5.1.1 The property in the goods comprised in this contract remain vested in the Seller (notwithstanding the delivery of the same and the passing of the risk therein).
5.1.2 The Buyer shall store the goods in such a way that they can be readily identified as being the Seller’s property.
5.1.3 The Buyer shall on request inform the Seller of the precise location of each item of the goods identified where applicable by its serial number, by supplying the Seller at its expense within 5 (five) Business Days of its request with a written schedule of the said locations.
5.1.4 The Buyer may sell the goods as the Seller’s agent in the normal course of the Buyer’s business and may pass good title to the Buyer’s customer being a bona fide purchaser for value without notice of the Seller’s rights on the following Conditions:-
188.8.131.52 The Seller may at any time revoke the Buyer’s said power of sale in the circumstances set out in Conditions 3 and 4 of these Conditions.
184.108.40.206 The Buyer’s power of sale shall automatically cease in any of the circumstances set out in Condition 12 of these Conditions.
220.127.116.11 The Buyer shall notify the Seller without delay of any attachment of the goods or actions by third parties which might infringe the Seller’s title to the goods.
5.1.5 Upon determination of the Buyer’s power of sale the Seller shall be entitled by itself its servants or agents to enter upon any of the Buyer’s premises for the purpose of removing and repossessing such goods and the Seller shall be entitled to claim from the Buyer the costs and expenses incurred by the Seller in and ancillary to the process of such removal and repossession.
5.1.6 Until title in the goods has passed to the Buyer the Buyer shall not purport to be the owner of the goods and shall not show such goods as stock in its accounts.
5.1.7 The Buyer shall insure the goods against theft or any damage howsoever caused until their price has been paid or until sale, whichever shall first occur and the Seller shall be entitled to call for details of the insurance policy. If the Buyer shall not insure the goods or shall fail to supply details of its insurance policy on demand to the Seller the Buyer shall reimburse the Seller for the cost of any insurance which the Seller may reasonably arrange in respect of any of the goods during the whole or any part of the period from the date of its delivery of the goods until the date of payment to it of their full purchase price.
5.2 Nothing in these Conditions shall:
5.2.1 entitle the Buyer to return the goods or to delay payment therefor; or
5.2.2 constitute or be deemed to have constituted the Buyer as the Seller’s agent otherwise than for the purpose of this Condition 5;
5.2.3 or render the Seller liable to any third party for any unauthorised representation or warranty made or given by the Buyer to such third party in relation to the goods;
5.2.4 prevent the Seller from maintaining an action for the price notwithstanding that the property in the goods may not have passed to the Buyer.
6. TITLE RETENTION (SCOTLAND)
In the case of sales of goods in Scotland, Condition 5.1 hereof shall not apply, and in place thereof there shall be substituted the following Condition:
“5.1(a) Until the purchase price of the goods comprised in this contract between the Buyer
and the Seller shall have been paid in full:”
7.1 Any dates given in the contract for dispatch or delivery of goods shall constitute estimates of expectation only and shall not be binding unless the contract otherwise expressly provides and subject to the provisions of Conditions 7.4 and 7.5 below the Buyer shall accordingly accept delivery of the goods when tendered.
7.2 The method and route of dispatch of the goods shall be selected by the Seller.
7.3 Unless expressly agreed the Seller may affect delivery in one or more installments and where delivery is effected by installments, each instalment shall be treated as a separate contract.
7.4 Subject to Condition 2 delivery shall be at the Seller’s premises unless otherwise stipulated or agreed by the Seller in writing. Where delivery is effected otherwise than at the Seller’s premises, to a location in its normal delivery area, no additional charge will be made by the Seller provided delivery is effected by the Seller’s normal means of distribution in its own vehicles. Where delivery is effected elsewhere or by any other means of distribution a charge for delivery will be made.
7.5 If notwithstanding the Seller’s best endeavors the Seller fails to dispatch or deliver the goods by such date, such failure shall not constitute a breach of the contract and the Buyer shall not be entitled to claim compensation for such failure or for any consequential loss or damage resulting therefrom.
7.6 Subject to the provisions of Condition 7.5 above, where dispatch or delivery of the goods is delayed by more than 30 (thirty) Business Days beyond the date given in the contract, the Buyer shall grant the Seller a reasonable extension period and if upon the expiry of the extension period the goods have not been dispatched or delivered, the Buyer shall be entitled to withdraw from the contract upon written notice and in such circumstances the Buyer shall pay at the contract rate for all goods sold by the Seller to the actual date of termination.
7.7 If at the date on which the Seller is ready to dispatch or deliver the goods the Buyer delays acceptance thereof for any reason whatsoever, the goods will be stored by the Seller but the Buyer shall pay to the Seller an amount equivalent to what the Buyer would be liable to pay if the goods had in fact been dispatched or delivered together with reasonable storage charges for the period of delay and the cost of any additional handling and transporting incurred. If on the expiry of 15 (fifteen) Business Days after the date on which the Seller is ready to dispatch or deliver the goods the Buyer has not accepted the goods, the Seller reserves the right immediately to cancel the Buyer’s order. This cancellation shall entitle the Seller to dispose of the goods and obtain from the Buyer compensation for loss of profit in addition to any other sums due to the Seller under these Conditions.
7.8 Claims in respect of incomplete or incorrect supplies or in respect of damage or defects apparent from inspection must be notified to the carrier and to the Seller as soon as possible and in any event not later than 10 (ten) Business Days after receipt of the goods at the place of destination.
7.9 Claims in respect of shortages of goods must be notified to the Seller as soon as possible and in any event not later than 2 (two) Business Days after receipt of goods at the Buyer’s premises.
7.10 Claims in respect of non-delivery of goods must be made as soon as possible and in any event within 5 (five) Business Days of the receipt by the Buyer of the Seller’s invoice.
7.11 Any cancellation or changes to any order by the Buyer after confirmation of order, must be provided in writing to RAW Automotive at sales@RAwautomotive.com and are subject to the buyer accepting to pay to be released from his contractual purchase obligations. Charges may vary depending on the nature of the cancellation but will not exceed 20% of the cancelled order value.
7.12 Returns can only be accepted upon prior agreement with RAW Automotive. All returns must be in the original manufacturer’s unopened packaging, originally purchased from RAW Automotive and accompanied by the original invoice number of the purchase.
7.12.1 Returns after 30 days of purchase will be charged a 25% restocking fee.
7.12.2 Returns made over 90 days of purchase will be charged a 45% restocking fee.
8.1 The receipt of information from the Purchaser and the delivery by the Seller does not in any way imply a warranty that the goods will be suitable for purposes disclosed. The only warranty which the Company makes is in connection with proprietary goods supplied.
8.2 Warranty is conditional on the vehicle being properly serviced according to the recommendations of the vehicle manufacturers.
8.3 Warranty may be denied in the event of either the Turbocharger or the engine being modified.
Turbochargers used for any form of racing are supplied in good faith and on the understanding that no guarantee is given in respect of performance or reliability of the product, either by the manufacturers or RAW Automotive. RAW Automotive cannot be held responsible for personal injury or damage caused to the engine or vehicle by a failed turbo.
8.4 In the event of any goods proving defective during the period of the warranty due to faulty material or Workmanship the Company shall, at its option either supply replacement goods or repair such defective Goods free of charge.
8.5 Save as provided herein all representations, conditions, Warranties and terms, whether express or implied by Common law statute or otherwise, as to the quality, Condition or fitness for any purpose of the goods are excluded. Other product – supplied by RAW Automotive from other manufacturers will carry the conditions of guarantee as specified by that manufacturer – available upon request.
9. FORCE MAJEURE
9.1 The Seller shall not be liable to the Buyer for any loss or damage which may be suffered by the Buyer as a direct or indirect result of the supply of the goods by the Seller being prevented, hindered, delayed or rendered uneconomic by reason of circumstances or events beyond the Seller’s reasonable control including but not limited to Act of God, or riot, strike, lock-out, trade dispute or labour disturbance, accident, breakdown of plant or machinery, fire, flood, storm, difficulty or increased expenses in obtaining workmen, material or transport or other circumstances affecting the supply of the goods or of raw materials thereof by the Seller’s normal source of supply or the manufacture of the goods by the Seller’s normal means or the delivery of the goods by the Seller’s normal route or means of delivery.
9.2 If a limited quantity of goods is available to the Seller by reason of such circumstances or events the Seller may apportion the available quantity to Buyers at its entire discretion.
The Seller retains a general lien on any of the Buyer’s equipment or other goods on the Seller’s possession for any unpaid balance the Buyer may owe to the Seller.
11 INSOLVENCY AND BREACH OF CONTRACT
In the event of any breach of these Conditions not being remedied by the Buyer within 5 (five) Business Days of the Seller’s written notice requesting such remedy or upon the Buyer entering into any composition or arrangement with its creditors or passing a resolution for winding up the entering into liquidation (whether voluntary or compulsory) or any similar arrangement or a Receiver is appointed of the Buyer’s assets, the Seller shall be entitled without prejudice to its other rights here under to suspend all further deliveries and/or determine the contract or any unfulfilled part thereof and the Buyer shall be responsible for any resulting loss to the Seller.
12 INTELLECTUAL PROPERTY
12.1 Usage & Relevance
These terms govern the use of this website, and by browsing this website you accept these terms in full and agree to abide by them. If you disagree with these terms you do not have permission to use our website.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
You may not create a link to this website from another website or document without our prior written consent.
You must not:
12.2.1 Republish material from this website (including republication on another website);
12.2.2 Sell, rent or sub-license material from the website;
12.2.3 Show any material from the website in public
12.2.4 Reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose
12.2.5 Edit or otherwise modify any material on the website; or
12.2.6 Redistribute material from this website [except for content specifically and expressly made available for redistribution](such as our newsletter)
12.2.7 Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
12.3 Acceptable Use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, root kit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.
12.4 Restricted Access
Access to certain areas of our website will be restricted. We reserve the right to restrict access to any part of our website at our discretion.
If we provide you with a user ID and a password to enable you to access restricted parts of our website or other content or services, you must ensure that the user ID and password is kept confidential.
We may disable your user ID and password at our sole discretion without notice or explanation for any purpose, including maintenance, security inquiries and at your request.
12.5 Limited Warranties
Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose, and/or the use of reasonable care and skill).
12.8 Our Details
If you have any questions, comments or concerns arising from the website or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us by email at firstname.lastname@example.org
The full name of the company is:
RAW Autos Ltd tda RAW Automotive
16a Regent Road, Altrincham,
Registered in England and Wales under registration number 08948412
13 USE OF MARKETING MATERIAL
13.1 For the purposes of this Condition 13, “Marketing Material” means all advertising, marketing and promotional materials associated with the Seller’s goods, including but not limited to packaging, tags, labels, advertising, marketing, promotions, displays, display fixtures, catalogues, instructions, technical sheets, user guides, data sheets, price files, stock files, designs, logos, trademarks, images, websites and other materials of any and all types, and in written, digital or any other format.
13.2 Property in any Marketing Material supplied by the Seller to the Buyer remains with the Seller and the Buyer shall not use any Marketing Material (whether or not supplied by the Seller) without the prior written consent of the Seller.
13.3 The Buyer shall not copy or alter any Marketing Material supplied by the Seller to the Buyer.
13.4 The Buyer shall not use the Marketing Material to advertise, promote or resell the Seller’s goods on any third party web platform.
13.5 The Buyer shall not supply to any third party any Marketing Material (or copies thereof) supplied by the Seller to the Buyer.
13.6 The Buyer shall at the request of the Seller promptly:
13.6.1 cease using the Marketing Material;
13.6.2 destroy any obsolete Marketing Material;
18.104.22.168 implement any amendments or updates to the Marketing Material notified by the Seller; and;
13.6.4 return to the Seller any Marketing Material supplied by the Seller to the Buyer.
Any notice to be served under these Conditions may be given orally in person or by telephone but must be confirmed in writing as soon as possible and in any event within 24 hours to the intended recipient either within the United Kingdom by prepaid first class post (when it will be deemed served at noon on the first Business Day after it was posted); or by facsimile transmission or electronic mail between the hours of 9.00 a.m. and 3.00 p.m. on a Business Day, (when it will be deemed served twelve hours after it was transmitted); or by personal delivery (when it will be deemed served when it is delivered). The address for service of notices shall be the party’s address as shown in the contract or as subsequently notified in writing.
14.2 Business Day
For the purposes of these Conditions “Business Day” means any day (other than a Saturday or Sunday) on which banks are generally open for business in the City of London
The waiver by the Seller of any breach of any term hereof shall not prevent the subsequent enforcement of that term and shall not be deemed a waiver of any subsequent breach.
Should one Condition hereof be invalid the provisions of the remainder hereof shall not be affected and in such case the parties hereto shall co-operate to agree replacement terms which are legally valid in order to achieve as nearly as possible the original intentions of the parties particularly regarding the economic effect of such Condition.
The titles of the Conditions hereof shall not be taken into account in the construction hereof.
14.6 Governing Law
Any contract in which these terms relate shall be governed by English Law and the parties shall submit to the sole jurisdiction of the English Courts.