1. Information About Us

1.1 Newradiocars.co.uk is a site operated by New Radiocars. Our registered office at 15, Bridge Street, Swinton, Manchester, M27 4DU. Our main trading address is 15, Bridge Street, Swinton, Manchester, M27 4DU.

1.2 We are regulated by City of Salford Licensing Authority.

2. YOUR STATUS

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.

3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

3.1 Your order constitutes an offer by us to supply a service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-message that confirms that the service has been accepted. The contract between us will only be formed when we send you the Service Confirmation.

4. CONSUMER RIGHTS

4.1 If you are contracting as a consumer, you may cancel a contract at any time within seven working days and no later than within one hour of dispatch, beginning on the day you received the service confirmation.

4.2 To cancel a contract, you must inform us in writing or by e-mail or verbally by telephone to an authorised operator. This provision does not affect your statutory rights.

5. AVAILABILITY AND DELIVERY

Your order will be fulfilled by the provision of service.

6. RISK AND TITLE

6.1 Fulfilment of the contract will be deemed complete when we receive full payment of all sums due in respect of the services offered.

7. PRICE AND PAYMENT

7.1 The price of any services will be as quoted on our site from time to time, except in cases of obvious error.

7.2 Payment for all services must be by cash.

8. OUR LIABILITY

8.1 We warrant to you that any service purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

8.2 Our liability for losses you suffer as a result of us breaking this agreement [including deliberate breaches] is strictly limited to the purchase price of the service you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

8.3 This does not include or limit in any way our liability: (a) For death or personal injury caused by our negligence; (b) Under section 2(3) of the Consumer Protection Act 1987; (c) For fraud or fraudulent misrepresentation; or (d) For any deliberate breaches of these Terms by us that would entitle you to terminate the contract between us. (e) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

8.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage [and which are not foreseeable by you and us][and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us], including but not limited to: (a) loss of income or revenue (b) loss of business (c) loss of profits or contracts (d) loss of anticipated savings (e) loss of data (f) loss of data, or (g) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise [, even if foreseeable]; provided that this clause 8.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 8.1 or clause 8.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 8.4.

9. 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.

10. NOTICES All notices given by you to us must be given to New Radiocars at 15 Bridge Street. Swinton. Manchester M27 4DU. 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 9 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.

10. TRANSFER OF RIGHTS AND OBLIGATIONS

10.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

10.2 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.

10.3 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.

11. EVENTS OUTSIDE OUR CONTROL

11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

11.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) Strikes, lock-outs or other industrial action. (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport (e) Impossibility of the use of public or private telecommunications networks. (f) The acts, decrees, legislation, regulations or restrictions of any government.

11.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event..

12. WAIVER

12.1 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 shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

12.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

12.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 10 above.

13. 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.

14. ENTIRE AGREEMENT

14.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

14.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

14.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions. OR We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

15. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

15.1 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.

15.2 You will be subject to the policies and terms and conditions in force at the time that you order products 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 Products).

16. LAW AND JURISDICTION Contracts for the purchase of Products 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) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

 

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