1. DEFINITIONS

(1) ‘Seller’ means Kerbed Insprayation Wheels Ltd.
(2) ‘Buyer’ means the person or company who contracts with the Seller.
(3) ‘Contract’ means the contract between the Seller and the Buyer.
(4) ‘Goods and services’ mean the Goods and services which are the subject matter of the contract sold to the Buyer by the Seller.
(5) ‘Affiliates’ of a company means its subsidiaries and holding companies and the subsidiaries of its holding companies.
(6) ‘Subsidiary’ and ‘Holding Company’ are as defined in the Companies Act 1985.

 

2. CONTRACTS

(1) Each Contract for the sale of Goods and services by the Seller is deemed to incorporate these conditions.
(2) No variation of, or addition to these conditions is effective without the Seller’s prior written agreement.
(3) These conditions override and take the place of any other terms and conditions emanating from or referred to by the Buyer.

 

3. PRICES

(1) Subject to condition 3(2) and condition 4, unless otherwise expressly agreed in writing by the Seller, the price for the sale of the goods and services shall be the ex-works net price of the goods exclusive of Value Added Tax and other taxes.
(2) Prices are reviewed periodically, and any price adjustment shall apply from the date of adjustment.

 

4. PAYMENT

(1) All payments under the Contract are due for payment upon completion of any work carried out or goods supplied.
(2) If credit terms are agreed by the Seller, payment shall be made by the Buyer to the Seller within 30 calendar days in which the Seller issues the relevant invoice unless the Seller otherwise agrees in writing or stipulates in writing other payment terms for the purchase by the Buyer of the goods or services, in which event those other payment terms shall prevail.
(3) The Buyer shall make all payments to the Seller under a Contract and these conditions without any withholding, withdrawal, deduction, set-off or counter claim in United Kingdom Sterling, or such currency as the Seller may agree, in immediately available funds.
(4) Time of payment by the Buyer is of essence for each contract.
(5) Should copy invoices be required this must be notified to us within 3 working days of receiving the statement to ensure prompt payment.
(6) Under no circumstances must an invoice be part paid or other invoices payment held back due to any other disputes.

 

5. Collection and Delivery

(1) We operate a collection and delivery service for trade customers only, unless a VIP package is prebooked and paid for by the Customer.
(2) Collections will be made from designated business premises only.
(3) Collection and delivery does not offer or imply that a credit account will be given, and as such, payment must be made upon return delivery of wheels, unless a credit account has been approved by prior arrangement.
(4) Wheels can be removed and replaced by us if requested at the time of booking. An additional charge may be made for this service. Vehicles must be parked on a suitable and level surface prior to our arrival. In allowing us to remove wheels with the use of jacks and axle stands, you acknowledge that the ground surface is suitable for such operations, and that no claims for costs for damage caused by such equipment will be issued to our company and/or employees.
(5) Locking wheel nuts (in good working order) must be present inside the vehicle. You agree that we will not be held liable for any delays or costs involved where locking wheel nuts are not available.
(6) You agree that we may invoice you a call-out charge for any wasted journeys where condition 4 or 5 is not met by you. The charge for 2024 is £50+vat per booking.

 

6. Repair Process

(1) Our standard repair time is up to 96 hours (not including weekends or bank holidays) from the time of collection to the time of return (4 days), unless advised otherwise.
(2) Due to the precision of the process as well as the temperatures involved, defects can arise on occasions. Differing grades of metal within alloy wheels can cause defects during the cutting or pre-treatment stages. As such, all wheels are quality checked at several stages throughout the repair process and any failures will be put through the system again. This may affect overall repair time and we will advise you if this is the case at our earliest opportunity. We will not be held liable for any costs that may arise, directly or indirectly, as a result of this delay.
(3) Diamond cut alloys can only be repaired a limited number of times. This could be as few as once and depends largely on the design of the wheel and the extent or depth of the damage. If diamond cutting is not possible then we can offer a standard painted finish at the prevailing rate. We will not be held liable for any claims for costs if such a scenario arises. Other repairs required to wheels from the same vehicle for matching purposes are chargeable.
(4) The diamond cut face of the wheel must be cut back to the depth of the deepest damage which, on occasions, may alter the look, finish or style of the wheel. It is often not possible to determine this prior to the repair taking place, therefore we will not be held liable for any onward claims for costs, directly or indirectly, where the repair causes these effects to occur, regardless of whether or not we were able to notify you prior to the repair taking place.
(5) If we are able to implement a small weld in order that the refurbishment can continue you understand that this can cause the repair to be visible upon completion. You agree that we will have no liability and that the wheel remains chargeable.
(6) We will not make more than three welds to any wheel.
(7) Buckled wheels can affect our ability to refurbish wheels or apply a particular finish to a wheel, particularly diamond cut wheels. This may not become evident until the original finish has been stripped from the wheel and damage has been removed. We will inform you if this situation arises. We may offer to change the finish of the wheel in order to continue the refurbishment, but this finish may be significantly different from other wheels on the vehicle.
(8) Any additional refurbishments on the same vehicle are chargeable, and you agree that we will not be held liable for any costs arising, directly or indirectly should you not wish to continue with the refurbishment(s). If you decide not to continue with the refurbishment at this stage, we will waive any repair costs accrued.
(9) The pressures exerted during the wheel straightening process can cause a wheel to crack. We will endeavour to weld any crack wherever possible at no additional cost, but where a weld/repair is not achievable you agree that we will not be held liable for any subsequent costs, including wheel replacement, either directly or indirectly. You will not be charged for any unsuccessful straightening or welding attempts.
(10) Manufacturers do not provide colour codes for wheels, therefore it may be necessary on occasions to request that an additional wheel is provided by you for colour matching purposes. You understand and agree that any delay in providing an additional sample may result in the repair time being extended.
(11) Colour may be affected by batch, age or previous repairs. The closest match will be made at all times, but you acknowledge and agree that a perfect colour match is not always possible. All wheels remain chargeable in any event.
(12) We will not replace tyres if they are deemed to be illegal or unsafe in any way, unless a full disclaimer is signed.
(13) Not all damage to tyres can be seen prior to their removal from the alloy wheel, and in some instances, may only become apparent once the tyre is refitted to the wheel and inflated to the higher pressures needed to refit the tyre to the rim where it appears as a bulge in the sidewall. We will notify you as soon as possible if any damage is found on a tyre and provide quotes for a replacement or provide the information necessary for you to obtain a replacement tyre from an alternative source. We do not accept any liability for any damaged tyres
(14) Centre caps are plastic and cannot be repaired or coloured as part of the wheel refurbishment process. They can be painted separately and to as close a colour match as possible for an additional charge. No warranty will be offered.

 

7. Tyre Valves

(1 ) Upon completion of repairs and fitting of the tyres, we will use a standard black rubber valve and dust cap, unless a TPMS sensor is present. The old valve and dust caps will be discarded unless explicitly requested to be kept
(2). If a tyre pressure sensor is present we may notify you where we believe it likely or possible that some parts, including the valve could be irreparably damaged during the repair process, including due to corrosion. If you agree to continue with the refurbishment then we will not be held liable for any costs relating to the sensors should they become damaged, including any onwards costs of installation.
(3) We will also not be held liable for any costs related to valve breakages (whether accompanied by a pressure sensor or not), through corrosion or any other reason, where we have not notified you of the potential for breakage, where we have acted in good faith and have made all reasonable efforts to prevent such a situation.

 

8. Split Rims

(1) Split-rims can be repaired but are susceptible to damage during the repair process, specifically, the bolts. In undertaking to repair this type of wheel you agree that you will allow us to charge you the cost of replacing the bolts as well as labour (the cost for 2024 is £25+vat per bolt) should they snap.
(2) We will notify you once two bolts have snapped and if you agree for the refurbishment to continue you agree that you will be liable for any additional costs for bolts. If you do not agree then we will stop the refurbishment process and you will not be charged any further costs but will still be liable for costs accrued already. If we fail to notify you once two bolts have snapped then we agree not to charge you any further costs.

 

9. DELIVERY OF SERVICE AND RISK

(1) The Seller will use reasonable endeavours to meet any delivery or service date agreed in writing between the Buyer and the Seller or, if none is agreed, a reasonable time after the date of the order, but will not be liable for any loss or damage resulting from delay howsoever caused.
(2) In the event of an order or service not being accepted on delivery or arrival the Seller reserves the right to make a charge to cover transport and other costs.
(3) The Buyer must:
a. examine the goods or repair upon completion of the works or delivery.
b. notify the Seller in writing of any damage or unsatisfactory repair within three (3) working days from the date of repair.
c. give the Seller, the carrier, and their respective agents a reasonable opportunity to inspect any damage or sub-standard repair.
(4) Nothing in these conditions shall exclude, restrict or limit any liability of the Seller under the applicable law or any part of the United Kingdom;
a. for breach of any term implied by section 12 of the Sale of Goods Act 1979 (title etc)
b. for death or personal injury resulting from negligence or breach of duty (as defined in sections 1 and 21(1) of the Unfair Contract Terms Act 1977); or
c. in respect of any fraudulent misrepresentation made by or on behalf of the Seller to the Buyer in relation to the Good; or Repairs
d. in respect of liability if and to the extent that, by virtue of such applicable law, it cannot be excluded, restricted or limited.

 

10. FORCE MAJEURE

The Seller may, in its absolute discretion, and without liability, cancel or delay deliveries of the Goods or service, or reduce the quantity of Goods or service delivered if it is prevented from or delayed or hindered in manufacturing or supplying the Goods through any circumstances which are beyond the Seller’s reasonable control or which circumstances the Seller could not have been expected to control or prevent.

 

11. ASSIGNMENT AND SUB-CONTRACTING

(1) The Buyer may not assign charge or otherwise dispose of all or any of its rights under any contract or these conditions without the prior written consent of the Seller, which consent may be withheld by the Seller in its absolute discretion without ascribing any reason there for.
(2) The Seller may sub-contract any or all of its obligations under any contract and these conditions.

 

12. EVENTS OF DEFAULT, TERMINATION AND REPOSSESSION

(1) The Buyer shall be in default under any Contract and be deemed to have repudiated that Contract if:
a. the Buyer or any of the Buyer’s affiliates fails to pay promptly any amount due and payable under, or otherwise breaches, the Contract or
b. the Buyer fails on demand from the Seller to pay the price for any Goods or any amount payable under the Contract or these conditions, after:-
i. any steps are taken with a view to the Buyer or any of the Buyer’s affiliates becoming subject to any form of winding-up, administration, receivership, administrative receivership, insolvency proceedings, arrangements with creditors generally, enforcement of security or repossession; or
ii. the Seller has reasonable grounds to believe that the Buyer is insolvent or that the Seller’s rights to receive payment, or its interest in the Goods, is or will be in jeopardy.
(2) If condition 8 (1) above applies, the Seller may at any time (at its discretion, and without prejudice to its other rights and remedies against the Buyer and whether or not it delivers any further Goods or services or accepts any further payments) give written notice to the Buyer:-
a. suspend any deliveries or services to be made under, or terminate, cancel or rescind, the Contract
b. declare immediately due and payable any indebtedness of the Buyer to the Seller on any other account whatsoever; and
c. set off any indebtedness of the Seller to the Buyer against any indebtedness of the Buyer to the Seller in each case on any account whatsoever.

 

13. MISCELLANEOUS

(1) The Seller’s rights shall not be prejudiced or restricted by any concession, indulgence or forbearance extended to the Buyer.
(2) No waver by the Seller by any breach of any term, condition or provision of the contract shall constitute a waiver of any other or subsequent breach of any term, condition of provision of the contract or these conditions.
(3) The Seller’s rights under these conditions are in addition to any other rights which the Seller may have under the general law or otherwise.
(4) If the Buyer comprises of two or more legal persons, their obligations to the Seller under the contract and these conditions shall be joint and several.

 

14. INTELLECTUAL PROPERTY

(1) The Buyer shall have no rights to any intellectual property owned by or licensed to the Seller, other than (if applicable) to resell the goods under the trade or service mark applied by the Seller. The Buyer shall not without the Sellers prior written consent, allow any trade or service mark or any construction or warning applied to the good to be obliterated, obscured or removed. Including any photographic images.
(2) All know-how, samples and other items relating to the Goods and their development or creation shall remain the Seller’s property, shall be treated as confidential and shall not be copied, reproduced or disclosed to any person without the Seller prior written consent.

 

15. INDEMNITIES

(1) The Buyer undertakes to indemnify and keep indemnified on a continuing basis and hold harmless the Seller from and against any and all liabilities, losses, damage, cost, charges, expenses (including without limitation, legal expenses) action, proceedings, claims and demands incurred by or brought against the Seller and arising directly or indirectly out of or in connection with any breach of any of the Buyer’s obligations under a contract or these conditions.
(2) Vehicles left at our premises are left entirely at the owners risk and in leaving the vehicle at our premises, the owner understands and accepts the risk in doing so.

 

16. SEVERANCES

The terms, conditions and provisions of these conditions shall be enforceable independently of each of the others and the validity of each term, condition and provision shall not be a_ected if any of the others is determined to be invalid. If any of the terms conditions or provision is determined to be invalid but would be valid if some part were deleted, the term, condition or provision in question shall apply with such modification or amendment as may be necessary to make it valid.

 

17. NOTICES

Any notice served under any conditions will be sent in writing to the Buyer.

 

18. GUARANTEE/WARRANTY

(1) All repairs carry a 6 month warranty from the date of repair.
(2) Kerb or other damage to the alloy voids the warranty, unless photographic evidence of the defect(s) has been provided at the time of the claim which clearly shows that no kerb or other damage is present. In the event that an alloy has been damaged in the period between the claim being made and its arrival with us, you agree that the wheel will only be repaired to the best possible look, finish and style achievable, and that we will not be held liable for any costs or further remedial action as a result.
(3) Kerb damage and stone chips will damage the integrity of the powder coat and may cause the paintwork to crack, splinter or peel. This consequential damage may be different in look from the original, pre-repair paintwork. No warranty is offered or given in these circumstances, other than in conjunction with condition
(4) Welds and straightening do not carry any warranty in any circumstance.
(5) The warranty is void if we believe that no reasonable care or attention was paid to the wheel, or if it has been mistreated (including during the cleaning process).
(6) A warranty claim only covers the re-repair of the affected wheel(s) by Kerbed Insprayation Wheels Ltd. No other claims for costs arising as a result of the re-repair, either directly or indirectly, will be accepted.
(7) No warranty is offered for centre caps.
(8) Our total liability is limited to the value of works originally undertaken.

 

19. LAW AND JURISDICTION

(1) These conditions and each contract shall be governed by and construed in accordance with English law.
(2) For the Seller’s benefit, the Buyer submits to the non-exclusive jurisdiction of the English courts and agrees that the English courts shall have jurisdiction to settle any claim or dispute in relation to any Contract.