Information About Us

1.0 Our company number is 08296945 and our VAT registration is 194534876.
1.1 The Goods and Services are provided by MK Autobreakers Ltd. (“we/us/our”).

2. Your Status

2.1 You acknowledge that:
2.1.1 clause 5 does not apply unless you are purchasing Goods and/or Services by mail order or from our website as a consumer (in other words, other than in the course of a business, trade or profession) (“Consumer”);
2.1.2 clauses 11.2 to 11.3 and 12.6 to 12.8 (inclusive) do not apply unless you are purchasing Goods and Services in the course of a business, trade or profession (“Business Customer”); and
2.1.3 clause 11.4 does not apply unless you are purchasing Goods and Services as a Consumer.

2.2 By placing an order with us, you warrant that:
2.2.1 you are legally capable of entering into binding contracts;
2.2.2 if you are a Consumer, you are at least 18 years old;
2.2.3 you are resident in the United Kingdom;
2.2.4 the information you provide to us during the process of placing an order for Goods and/or Services is accurate, complete and not misleading.

3. Application

3.1 These terms and conditions apply to all sales of Goods and/or Services provided by us to you.
3.2 If you are purchasing Goods and/or Services via our website, no contract for the supply of Goods and/or Services (“Contract”) will come into existence until we despatch the Goods, send you an email confirming that your Goods have been despatched or start performing the Services (whichever is the earlier).
3.3 If you purchase Goods and/or Services by any means other than via our website, the Contract will not come into existence until either your order (however given) is accepted by the earliest of our written acknowledgement of order, delivery of the Goods or performance of the Services.
3.4 Each order for Goods and/or Services by you to us will be deemed to be an offer by you to purchase Goods and/or Services subject to these terms. Each order placed by you to us for Goods and/or Services and accepted by us will constitute a separate contract.
3.5 You must ensure that the terms of your order and any applicable specification are complete and accurate.
3.6 These terms will be incorporated in the Contract to the exclusion of all other terms and conditions. They supersede all prior dealings, negotiations, representations or agreements between us in respect of the subject-matter of the Contract whether written or oral.
3.7 No variation or amendment of this Contract will be valid unless in writing and signed by you and our authorised representative.

4. Goods and Services

4.1 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 and Services described in them.
4.2 We reserve the right to deliver Goods of a modified design provided that any difference does not make the Goods unsuitable for any purpose you have made known to us.
4.3 The Goods will conform in all material respects to any sample provided to and accepted by us. We reserve the right to amend any design or specification without prior notification provided that it does not adversely affect the performance of the Goods and Services.
4.4 We retain all copyright and title to all documentation relating to Goods delivered to you by us. This documentation may only be used for the purposes intended in the Contract and not for any other purpose without our permission. It must be returned on demand.
4.5 Technical specifications are approximations unless specifically stated otherwise.
4.6 You will not remove, alter, deface, obfuscate or tamper with any of the trade marks, names or numbers affixed to or marked on the Goods nor allow any one else to do so.
4.7 If the Goods are manufactured in accordance with any design or specification provided or made by you, you will compensate us in full on demand for all claims, expenses and liabilities of any nature in connection with them.
4.8 We prohibit the audio or video recording of on-site professional or technical Services, or training and consultancy without the prior written consent of us.

5. Consumer Rights

This clause only applies if you are a Consumer AND purchasing Goods and/or Services by mail order or from our website.

5.1 You may cancel a Contract at any time within 14 working days, beginning on the day after you receive the Goods. In this case, you will receive a full refund of the price paid for the Goods in accordance with our refunds policy. This right of cancellation does not apply to any Goods personalised or made to your specification.
5.2 To cancel a Contract, you must inform us within 14 days. You must also return the Goods to us immediately, within 14 days in the same condition in which you received them, and at your own cost and risk.
5.3 Details of how to exercise this right of cancellation can be obtained by calling the telephone number of the supplying branch as stated on the documentation accompanying the Goods.
5.4 You may also cancel an order for Services within 14 working days of the date of purchase, unless the Services begin sooner, in which case your right to terminate ends upon the date when performance of the Services starts.
5.5 Nothing in this clause affects your statutory rights.

6. Prices

6.1 The prices of the Goods and Services will be as quoted in our marketing literature from time to time except in cases of obvious error. The prices may be altered at any time without notification.
6.2 The prices that you pay for the Goods and Services will be those ruling at the date of despatch of the Goods or our confirmation of the start date of the Services.
6.3 We list prices as both inclusive and exclusive of VAT. All prices are exclusive of any other sales tax or duty that may be applicable.
6.4 Unless otherwise specified, if you are a Business Customer, prices quoted include delivery to destinations in the United Kingdom. If you are a Consumer, the delivery costs will be quoted at the time you place your order.
6.5 In case of small orders we will be entitled to make a minimum order charge or to add a surcharge for delivery.
6.6 No allowance will be credited for Goods collected from our premises by you rather than delivered by us.
6.7 We are under no obligation to provide Goods or Services to you at an incorrect, lower price, even after we have acknowledged your order, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as mis-pricing.

7. Quotations

7.1 Unless otherwise stated all quotations are valid only for 30 days from their date of publication.

8. Payment

8.1 If you hold a credit account with us, payment of invoices will be made in full without deductions or set-off in accordance with the payment terms notified by us, or if no such terms are advised, not later than the 20th day of the following month after the invoice date.
8.2 Where you do not hold a credit account with us, payment will be made in full in cash/guaranteed cheque/credit or debit card when order is placed or on delivery.
8.3 We reserve the right to charge a credit card surcharge if you elect to pay by credit card.
8.4 Payments by credit or debit card will only be accepted where the card holder is present in person at our premises or where the card has been verified on our website.
8.5 If you fail to pay the invoice price by the due date we may charge you interest on any overdue amount in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
8.6 In the event of a cheque not being cleared by our bank, we may charge a fee of £25 for each cheque returned to cover bank charges and administration costs.

9. Delivery

9.1 The Goods are delivered to you when we make them available to you at a delivery point agreed by us.
9.2 Time of delivery will not be of the essence and any delivery date is an estimate only. You will have the right to cancel any order without liability to us if delivery is more than 30 days late.
9.3 The quantity of any consignment of Goods as recorded by us upon despatch will be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.
9.4 We will not be liable for any non-delivery of Goods unless written notice is given to us within 10 days of the date when the Goods would in the ordinary course of events have been received.
9.5 Our liability for non-delivery of the Goods will be limited to replacing the Goods within a reasonable time, issuing a credit note or a refund of the purchase price paid.
9.6 Any claim that any Goods have been delivered damaged or do not materially comply with their description will be notified to us within 14 days of their delivery.
9.7 We may at our discretion deliver the Goods by instalments in any sequence.
9.8 If you fail to take delivery of the Goods at the time agreed, we will be entitled to cancel or suspend such delivery and charge you for the loss suffered.

10. Unloading

10.1 It is your responsibility to provide the means for unloading Goods on delivery unless agreed by us in writing otherwise. We will inform you in advance if any special means will be required to unload the Goods at your premises.

11. Storage

11.1 If you fail to take delivery of the Goods when they are ready we may store them ourselves or have them stored by third parties. The cost of storage will be borne by you.
11.2 You shall be responsible for the collection, treatment, recovery and environmentally sound disposal of all waste electrical and electronic equipment (“WEEE”) as defined in the WEEE Regulations 2006.
11.3 You shall be responsible for all costs and expenses arising from your obligations in clause 11.2.
11.4 Where you are buying replacement electrical and electronic equipment as a Consumer you must return your old item to us within 28 days of purchase. Where Goods are purchased from one of our stores, you must return your old item to that same store within 28 days.
11.5 Our obligations to take back WEEE only apply to household users of electrical items.
11.6 Further information on the environmental impact of WEEE can be found at www.mkautobreakers.co.uk.

12. Risk and Title

12.1 Risk in the Goods passes when they are delivered to you.
12.2 You will insure the Goods against theft or any damage howsoever caused until their price has been paid in full.
12.3 We will transfer only such title or rights in respect of the Goods as we have.
12.4 Passing of title in the Goods will remain with us and will not pass to you until the amount due under the invoice has been paid in full.
12.5 We may maintain an action for the price of any Goods notwithstanding that title in them has not passed to you.
12.6 Until ownership has passed to you, you must hold the Goods on a fiduciary basis as our bailee, store them separately from all other products, not destroy or deface any identifying mark, and maintain the Goods in satisfactory condition insured for their full price.
12.7 You may resell the Goods before ownership has passed solely in the ordinary course of your business at full market value.
12.8 Your right to possession of the Goods will terminate immediately upon insolvency, bankruptcy, liquidation, receivership or any analogous event.

13. Warranty

13.1 Each of the Goods are supplied with the benefit of a warranty given by the Goods’ manufacturers (details of which will be provided to you with the Goods or otherwise on request (“the Warranty”)) provided that you comply with the conditions set out in clause 13.2 as well as any provided with the Warranty (“Warranty Conditions”).
13.2 If Goods become faulty during the period of the Warranty for reasons unconnected with your acts, omissions or misuse of the Goods, you must return such Goods to us. We will repair (or at our option) replace such Goods with the same or superior Goods, without charge. If Goods become faulty after expiry of the Warranty, and you request that we replace or repair such Goods, then we shall charge our then standard list price for such repair or replacement.
13.3 Your sole remedy in respect of a failure of the Goods to comply with the Warranty is as set out in the Warranty Conditions.
13.4 We will be afforded reasonable opportunity and facilities to investigate any claims made under the Warranty and you will if so requested in writing by us promptly return any Goods the subject of any claim and any packing materials securely packed and carriage paid to us for examination.
13.5 We will have no liability with regard to any claim in respect of which you have not complied with the claims procedures in the Warranty Conditions.

14. Refunds Policy

14.0 For any products bought on the website, you have a right to cancel without any reason whatsoever within 14 days after the day you received all goods/services from us. To exercise the right to cancel email [email protected] or call 01322332031, or write to us at M K Autobreakers Ltd, Unit 3, Landau Way, Darent Industrial Park, ERITH, DA8 2LF.

We will need your Order number and contact information. You must send the goods back to us no later than 14 days from the day you notify us of your cancelled order. We shall aim to refund you within 14 days from such date or earlier if acceptable proof of delivery is provided. We will reimburse to you all payments received from you, including the costs of delivery (except for supplementary deliveries such as Same Day, Next Day, Super Saver deliveries).

Alternatively, we can arrange collection using our carrier UPS at a subsidised cost of £9.85. Please take reasonable care of the goods as we are entitled to deduct an amount from the refund to reflect any loss in value of the goods supplied if the loss is the result of unnecessary handling by you.

14.1.1 Because you cancelled the Contract in accordance with clause 5, we will process the refund due to you within 30 days of the day you gave notice of cancellation, including the cost of sending the Goods to you. However you will be responsible for the cost of returning the Goods to us.
14.1.2 For any other reason, we will examine the returned Goods and notify you via email within a reasonable time of any refund to which you are entitled.
14.2 We will normally refund any money received from you using the same method originally used by you to pay for your purchase.

16. Services

16.1 We will perform the Services with reasonable care and skill.
16.2 If we fail to perform the Services in accordance with clause 16.1 or at all, then your sole remedy will be the re-performance of those Services by us.
16.3 Any timescales given by us to you in respect of the performance of the Services are approximate only.

17. Installation

17.1 If the Services include installation services we will provide detailed instructions to you about site preparation and other requirements required during the installation.
17.2 If you fail to fully comply with the requirements in clause 17.1, we reserve the right to charge you for any additional work required as a result or if we are unable to complete the installation.

18. Support and Maintenance

18.1 The provisions of this clause 18 will only apply if the Services purchased by you include the provision of support and maintenance services.
18.2 We will provide you with such technical advice by telephone, e-mail, fax, and web access during our normal business hours for the duration of the Cover Period as is reasonably necessary to resolve your difficulties and queries.
18.3 You will provide us with such information, assistance and facilities as we may reasonably require to enable us to perform the Services and direct all enquiries for technical advice to our helpdesk number.
18.4 The support and maintenance services do not apply where you failed to follow any instructions relating to the operation of the Goods, where the query arises from user incompetence or abuse, if you or a third party alters or repairs the Goods without our written consent, or where the query is attributable to third party materials not provided by us.
18.5 You will pay any additional charge levied by us for support and maintenance services which fall within the exclusions in clause 18.4.
18.6 The Services will run for the Cover Period and will continue thereafter unless terminated by either party serving no less than 90 days’ prior notice on the other.

19. Limitation of Liability

19.1 The following provisions set out the entire financial liability of us to you in respect of any breach of these terms and any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
19.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
19.3 Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, under section 2(3) of the Consumer Protection Act 1987, for fraud or fraudulent misrepresentation, or for any matter for which it would be illegal for us to exclude liability.
19.4 Subject to clause 19.3, we will not be liable to you for any indirect or consequential loss, loss of profit, loss of business, loss of income or revenue, loss or corruption of data, waste of management time, or depletion of goodwill.
19.5 Subject to clause 19.3, our total liability to you will not exceed 125% of the price payable for the Goods and/or Services for any one event or series of connected events.

20. Termination and Suspension

20.1 We may at our discretion suspend or terminate the supply of any Goods or Services if you fail to make any payment when due or otherwise default in any of your obligations under the Contract.
20.2 On termination of the Contract we will not be obliged to supply any Goods and Services ordered by you unless already paid for, and all payments payable to us will become due immediately.
20.3 The termination of this Contract will not affect the respective rights and liabilities of each of the parties which accrued prior to such termination.
20.4 Orders accepted by us are cancellable only at our discretion and we may charge for all work carried out or expenses incurred before our acceptance of cancellation.

21. Force Majeure

21.1 We will not be liable for any failure in the performance of any of our obligations under the Contract caused by factors outside our control.

22. Law and Jurisdiction

22.1 This Contract will be governed by English law and you consent to the non-exclusive jurisdiction of the English courts in all matters regarding it.

23. Notices

23.1 Any notice given under this Contract will be in writing and may be served personally, by registered or recorded delivery mail, by facsimile transmission, or by any other means which any party specifies by notice to the other.
23.2 Each party’s address for the service of notice will be: Us the address specified in clause 1.2; You the address given to us at the time an order is placed.
23.3 A notice will be deemed to have been served: if served in person, at the time of service; if served by post, 48 hours after it was posted; if served by facsimile transmission, at the time of transmission.

24. General

24.1 Each of our rights or remedies under the Contract is without prejudice to any other right or remedy that we may have.
24.2 If any provision of the Contract is found to be wholly or partly illegal, invalid or unenforceable it will be deemed severable and the remaining provisions will continue in full force and effect.
24.3 Failure or delay by us in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of our rights.
24.4 Any waiver by us of any breach or default under any provision of the Contract will not be deemed a waiver of any subsequent breach or default.
24.5 Neither of us intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

Contact Us

Phone: 01322 332031
Email: [email protected]
Address: M K Autobreakers Ltd, Unit 3, Landau Way, Darent Industrial Park, Erith, DA8 2LF