1.1 In these Conditions:
‘DV8 Works’ is DV8 Works Limited, a company incorporated under the Companies Acts (Company No. 10444762) and having its registered office at Unit 14, Drayton Manor Drive, Alcester Road, Stratford Upon Avon, Warwickshire CV37 9RQ.
‘DV8 Works.com’ is the website operated on the World Wide Web of the Internet with the uniform resource locator https://www.dv8works.com;
‘Conditions’ means these terms and conditions for sale of cars and vehicle body modification services;
‘Contract’ means the agreement between DV8 Works and the Customer for the purchase and supply of Goods as constituted and evidenced by the Customer’s Order and the Order Confirmation;
‘Customer’ means the person whose offer for the Goods is accepted by DV8 Works;
‘Delivery’ means either the handover of the Goods by DV8 Works to the Customer and can relate to either the expected Date of completion and/or collection of the Goods by the Customer
‘Force Majeure’ means any Act of God, explosion, flood, tempest, lightning strike, fire, accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition, acts, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes, strikes, lock outs or other industrial actions or trade disputes (whether involving employees of DV8 Works or of a third-party), difficulties in obtaining raw materials, labour, fuel, parts or machinery or power failure or breakdown in machinery;
‘Goods’ means the supply of vehicles and /or fitted vehicle body modifications as specified by the Customer (including any parts for them) or services which DV8 Works is to supply in accordance with these Conditions;
‘Order’ means or refers to the written or verbal request for goods made by the Customer to the DV8 Works. Written requests are to include all forms of communication including inter alia, email, internet and letter.
‘Order Confirmation’ means confirmation in Writing by DV8 Works of acceptance of the Customer’s Order issued prior to supply of the Goods to the Customer;
‘Writing’ includes electronic mail, telex, cable, facsimile transmission and comparable means of communication.
- BASIS OF SALE
- These Conditions apply to all Contracts for the sale of Goods by DV8 Works Limited to the Customer. By placing an Order with DV8 Works or accepting DV8 Works quotation, the Customer agrees to deal with DV8 Works on these Conditions to the exclusion of all other terms, conditions, warranties or representations.
- The Customer agrees to purchase and / or accept the Goods from DV8 Works and DV8 Works agrees to sell the Goods to the Customer.
- The Customer is required to check the car specification, car service record and anything else that is relevant to the Sale before placing an Order
- The Customer acknowledges that the website text, price lists, lists of items for sale or other sales literature published on the DV8works.com website constitute an invitation to treat and may not be construed by the Customer as any offer by or binding obligation upon DV8 Works to sell any item to the Customer.
- No variation to these Conditions shall be binding unless made in writing specifying both which clause is to be varied and full details of such variation and signed on behalf of each of the Customer and DV8 Works by an authorized representative.
- DV8 employees or agents are not authorized to make any representations concerning the Goods unless confirmed by DV8 Works in writing. In entering into the Contract the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
- Any advice or recommendation given by DV8 Works or its employees to the Customer as to the storage, application or use of the Goods which is not confirmed in Writing by DV8 Works is followed or acted upon entirely at the Customer’s own risk, and accordingly DV8 Works shall not be liable for any such advice or recommendation which is not so confirmed.
- Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance or offer, invoice or other document or information issued by DV8 shall be subject to correction without any liability on the part of DV8.
3. OFFERS AND SPECIFICATIONS
3.1 The Customer shall be responsible to DV8 Works for ensuring the accuracy of the terms of the Order submitted by the Customer, and for giving DV8 Works any necessary information relating to the Goods within a sufficient time to enable DV8 Works to perform the Contract in accordance with its terms. DV8 Works shall incur no liability resulting from inaccurate information being supplied by the Customer.
3.2 If it is a pre-requisite of the Customer that order numbers are quoted on all invoices related to the transaction then it is the responsibility of the Customer to provide a valid Order Number at the point of placing the Order. Failure by the Customer to supply a valid order number shall not remove the Customer’s liability to pay within the states payment terms.
3.3 The Order shall not be deemed to be accepted by DV8 Works unless and until the Order Confirmation has been issued to the Customer.
3.4 The quantity, quality and description of and any specification for the Goods shall be those set out in the Order Confirmation.
3.5 DV8 Works reserves the right to change the Goods or any relative specifications (whether such specifications have been submitted by the Customer in the Customer’s order or otherwise) and designs at any time, without notice, as a result of changes in the law or at the sole discretion of DV8 Works.
3.6 DV8 reserves the right, in its discretion, to refuse to supply any Goods at all or in such a way that the vehicle in relation to which they would be supplied, would in DV8’s opinion, be unsafe or illegal as a result of or notwithstanding such supply.
3.7 Subject to Clause 8.1, the Order may not be cancelled by the Customer after the Order Confirmation has been issued except with the agreement in Writing of DV8 Works and on terms that the Customer shall indemnify DV8 Works in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by DV8 Works as a result of cancellation by the Customer of the Customer’s Order.
4. PRICE OF THE GOODS
4.1 The price of the Goods shall be the price specified by DV8 Works in the Order Confirmation, or, where no price is quoted in the Order Confirmation, the price listed in DV8 Works’ price list or website text on the DV8works.com website current at the date and time of the Order Confirmation.
4.2 DV8 Works reserves the right, by giving notice to the Customer at any time before issuing of the Order Confirmation, to increase the price of the Goods to reflect:
4.2.1 any increase in the cost to DV8 Works which is due to any factor beyond the control of DV8 Works (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture),
4.2.2 any change in delivery dates, quantities or specifications for the Goods which is requested by the Customer, or
4.2.3 any delay caused by any instructions of the Customer or failure of the Customer to give DV8 Works adequate information or instructions.
4.3 The price of the Goods shall be inclusive of any applicable Value Added Tax.
5. TERMS OF PAYMENT
5.1 A minimum deposit of £5000.00 is required with every Order to show the customer’s commitment to purchase the Goods and DV8 Works’ commitment to supply the Goods. Payment for Goods shall be made in accordance with the payment terms that are in force at the time of sale or supply.
5.1.1 Should the Contract be terminated for any reasons, DV8 Works will be entitled to use the deposit and any prepayments to reduce its reasonable losses. Any excess will be returned to the Customer and any shortfall will be paid by the Customer.
5.2 Where the Customer has a credit account with the Seller, the following conditions apply:
5.2.1 All payments shall be applied to invoices and to Goods listed in such invoices in the order determined in its discretion by DV8 Works.
5.2.2 If full payment is not received by DV8 Works by the due date then without prejudice to its other rights or remedies under this Contract or otherwise, DV8 Works shall be entitled to:
188.8.131.52 sue for the entire price and/or
184.108.40.206 require the immediate return of all goods agreed to be sold by DV8 Works to the Customer in which the property has not passed to the Customer in accordance with the provisions of Clause 8 below and the Customer hereby agrees to reimburse DV8 Works upon demand all costs incurred by DV8 Works to represent their diminution in value resulting from their use / and or attachment to a vehicle.
220.127.116.11 The Customer indemnifies DV8 Works in respect of any costs, legal or otherwise, incurred by DV8 Works in respect of recovering any outstanding monies due from the Customer to DV8 Works.
18.104.22.168 Where payment for Goods remain outstanding beyond the due date, DV8 Works retains the right to levy a finance charge in accordance with Late Payments of Commercial Debts (Interest) Act 1998, and any later updated versions of the same Act, to the outstanding balance which interest shall be compounded from month to month until payment is received and cleared through DV8 Works bank account. Furthermore, DV8 Works retains the right to cancel outstanding Orders and suspend further deliveries to the Customer until all outstanding balances have been cleared.
5.3 Where the Customer has an account but money is owed to DV8 Works beyond the terms of the account, and subject to any special terms agreed in Writing between the Customer and DV8 Works, DV8 Works shall be entitled to payment in full for the price of the Goods (including VAT) on the date of the Customer’s Order.
5.4 Where the Customer does not have a credit account with DV8 Works, the Customer shall be obliged to pay the price of the Goods on the date of the Customer’s Order. DV8 Works shall debit the Customer’s credit/debit card with payment in full for the Goods and applicable Value Added Tax on the date of the Customer’s Order. DV8 Works shall have a lien over and be entitled to detain the Goods and any vehicle on which they have been fitted or in relation to which the Goods have been supplied until payment is made by the Customer.
5.5 If payment is declined or not authorised by the issuer of the Customer’s credit/debit card when processed by DV8 Works then, without prejudice to any other right or remedy available to DV8 Works, DV8 Works shall be entitled to:
5.5.1 cancel the Contract or suspend any further deliveries to the Customer;
5.5.2 appropriate any payment made by the Customer to such of the Goods (or the goods supplied under any other contract between the Customer and DV8 Works) as DV8 Works may think fit (notwithstanding any purported appropriation by the Customer),
5.5.3 DV8 Works shall be entitled to recover the price of the Goods, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Customer. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued.
6.1 Any dates quoted for delivery are indicative only and not guaranteed and DV8 Works shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery or fitting shall not be of the essence of the Contract unless previously agreed by DV8 Works in Writing. The Goods may be delivered by DV8 Works in advance of the quoted delivery date upon giving reasonable notice to the Customer.
6.2 If the Customer fails to take delivery of the Goods or fails to collect the Goods then, without prejudice to any other right or remedy available to DV8 Works, DV8 Works may:
6.2.1 store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage for a period of up to 14 days; or
6.2.2 treat the Contract as cancelled by the Customer and sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the Contract or charge the Customer for any shortfall below the price under the Contract; or
6.2.3 return the Goods to the supplier and charge the Customer for any costs incurred as a result of such return.
6.3 Delivery of the Goods shall be evidenced by the completion of the Customer Vehicle Collection Note signed by the Customer and returned to DV8 Works which, howsoever signed as acknowledgement of receipt of the goods, shall constitute absolute proof of delivery of the items specified in it.
7. RISK AND PROPERTY
7.1 Risk of damage to or loss of the Goods shall pass to the Customer at the time when the Goods are collected or delivered to the Customer; or
7.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the title to and in the Goods shall not pass to the Customer until all sums due by the Customer to DV8 Works (including any applicable interest and charges) have been paid in full. For avoidance of doubt, all Goods supplied by DV8 to the Customer which are in the Customer’s possession shall be presumed to belong to DV8 unless the Customer can prove otherwise.
7.3 Until such time as the property in the Goods passes to the Customer, the Customer shall keep the Goods separate from those of third parties and properly stored, protected and insured and identified as DV8 Works ‘s property.
7.4 Until such time as the property in the Goods passes to the Customer, DV8 Works shall be entitled at any time to require the Customer to deliver up the Goods to DV8 Works and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods. The Customer shall be obliged to assist and allow DV8 Works to repossess the Goods.
7.5 The Customer shall not be entitled in any way to charge by way of security for any indebtedness any of the Goods which remain the property of DV8 Works, but if the Customer does so, all moneys owing by the Customer to DV8 Works shall (without prejudice to any other right or remedy of DV8 Works) forthwith become due and payable.
8. PART EXCHANGE
8.1 Any Part Exchange allowance agreed with a customer is based upon either the Customer’s description of the vehicle to DV8 Works, or upon its inspection by DV8 Works. Valuations are on the assumption that a valid V5, Book Packs, Service books with correct stamps and keys will be handed over the by the customer to DV8.
8.2 Part Exchange vehicles will only be accepted when accompanied by a valid V5 document. If the V5 for the Part Exchange vehicle is unavailable DV8 must be informed.
8.3 In the event of subsequent damage to the vehicle (fair wear and tear accepted) or of the Customer provided incorrect information concerning the vehicle or has concealed a defect to the vehicle which DV8 Works relied upon, DV8 may decline to take the vehicle. In this case DV8 will try to agree with the Customer a new allowance. If no agreement can be reached, the Customer shall either pay the full price or DV8 Works will be entitled to treat the agreement as cancelled by the Customer and the provisions of 5.1.1 will apply.
9.1 DV8 Works shall be under no liability in respect of any defect in the Goods arising from any inaccuracy in the Customer’s Order. DV8 Works shall have no liability for errors in any Customer’s Order and any loss (or otherwise) that may arise therefrom.
9.2 DV8 Works shall be under no liability in respect of any defect in the Goods arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow DV8 Works ‘s instructions (whether oral or in writing) or misuse or alteration or repair of the Goods without DV8 Works ‘s approval.
9.3 Save as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or Common Law are excluded to the fullest extent permitted by law.
9.4 Any claim by the Customer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Customer) be notified to DV8 Works in Writing within 24 hours from the date of delivery or where the defect or failure was not apparent on reasonable inspection within 24 hours after discovery of the defect or failure. Please refer to our Warranty Policy
9.5 Subject to Clause 8.1, if delivery is not refused, and the Customer does not notify DV8 Works in accordance with Clause 9.4, the Customer shall not be entitled to reject the Goods and DV8 Works shall have no liability for such defect or failure.
9.6 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to DV8 Works in accordance with these Conditions, DV8 Works shall be entitled to replace the Goods (or the part in question) free of charge or, at DV8 Works ‘s sole discretion, refund to the Customer the price of the Goods (or a proportionate part of the price), but DV8 Works shall have no further liability to the Customer or any other person.
9.7 Except in respect of death or personal injury caused by DV8 Works ‘s legally proven negligence, DV8 Works shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of DV8 Works, its employees or agents or otherwise) which arise out of or in connection with the supply or fitting of the Goods or their use or resale by the Customer, and the entire liability of DV8 Works under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.
9.8 DV8 Works shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of DV8 Works ‘s obligations in relation to the Goods, if the delay or failure was due to any Force Majeure or other cause beyond DV8 Works ‘s reasonable control.
10. INSOLVENCY OF CUSTOMER
10.1 If the Customer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction), has a receiver, liquidator or administrator appointed over any of its property or assets, ceases, or threatens to cease, to carry on business, or if DV8 Works reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly, then without prejudice to any other available right or remedy, DV8 Works shall be entitled to cancel the Contract or suspend any further deliveries without any liability to the Customer, and if the Goods have been delivered, but not paid for, the price of the Goods shall become immediately due and payable in full notwithstanding any previous agreement or arrangement to the contrary.
11.1 Used vehicles with delivery miles (less than 100) will be supplied with 12 months Warranty on DV8 Works parts and the balance of the manufacturer’s Warranty on manufacturer parts where available, all Warranty claims on OEM parts must be managed directly with the manufacturer, any Warranty claims for no DV8 Works parts are at the manufacturer’s discretion.
11.2 Used vehicles, in excess of 100 miles, will be supplied with 3 months Warranty from the date of purchase
11.3 Where DV8 parts are retro-fitted to a vehicle a 12 month Warranty applies.
11.4 Branded products supplied by DV8 Works are covered by 12 month’s manufacturer’s Warranty, any repairs and replacements will be carried out in accordance with the manufacturer’s terms after the product has been returned.
11.5 Unbranded products supplied by DV8 Works are covered by 12 months manufacturer’s Warranty from faults and defects.
11.6 Any claim by the Customer based upon defects in the quality or conditions of the vehicle and not identifiable upon a reasonable Delivery inspection, shall be notified to DV8 Works within 24 hours from the date of Delivery.
11.7 All defective products must be returned to DV8 Works for inspection.
11.8 Products must be fitted by DV8 Works or an approved technician, any defects caused by incorrect fitting will not be covered under Warranty.
11.9 DV8 Works products installed on vehicles carry a 12 month Warranty irrespective of items covered by the manufacturer’s 36 month Warranty.
11.10 Vehicle owners must adhere to manufacturer’s guide lines on service inspections. Failure to maintain a vehicle within the specified guidelines will negate cover on all products installed by DV8 Works.
11.11 DV8 Works’ products are outside of manufacturers specifications and not endorsed by the manufacturer. As such, manufacturer’s warranty may be affected on certain parts by Urban modifications, a main dealer may not honour warranty repairs if they believe the cause of the fault is caused by an after-market modification. DV8 Works will not be held responsible for any costs incurred with manufacturers, main dealers or any other 3rd party for repairs.
11.12 ECU Remapping is not supported by manufacturers or main dealers. A main dealer may not honour warranty repairs if they believe the fault has been caused by changes made to the ECU. ECU Remaps are installed at the owner’s risk and DV8 Works will not be held responsible for disputes or repair costs incurred with manufacturers and main dealers.
11.13 Wear and tear damage and light impact damage to alloy wheels are not covered under warranty.
12. WARRANTY EXCLUSIONS
DV8 Works is not responsible for any repair or replacement that is required as a direct result of:
- Normal wear and tear
- Failure to properly maintain the vehicle in accordance with Land Rover’s maintenance schedules and service instructions
- Damage resulting from neglect, accident, or improper use
- Unauthorised modifications of the DV8 Works parts by a 3rd Party
- Poor or incorrect fitting by a third party
- Paint surface and anti-corrosion warranty
- Incorrect painting or preparation undertaken by a third party
- Failure to properly maintain paint and bodywork by regular cleaning
- Failure to rectify on a timely basis
- Factors beyond control, such as natural hazards (salt, industrial fall-out, storm damage, acid rain) and damage (including stone chips, scratches
- The use of unsuitable, poor quality or highly acidic cleaning agents
- Accident repairs by a 3rd Party to DV8 Works products, using materials or methods of repair that have not been pre-approved.
13. DATA PROTECTION
- provide the Services to the Customer;
- conduct a credit reference search and record;
- process payment for the Services; and
- inform the Customer about similar products or services that the Company provides.
14.1 DV8 Works may perform any of its obligations or exercise any of its rights hereunder by itself or where applicable through any other persons (legal or otherwise) or entities.
14.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
14.3 No waiver by DV8 Works of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
14.4 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
14.5 The Contract and these Conditions shall constitute the entire agreement between the Customer and DV8 Works in respect of the supply of the Goods and shall supersede all previous oral or written representations or agreements relating thereto. In particular, the Customer may not rely on any statements made by any employee, representative or agent of DV8 Works.
14.6 DV8 Works may assign the Contract with the Customer or sub-contract the whole, or any part thereof to any other person (legal or otherwise) or entity. Unless otherwise agreed in Writing, the Customer may not assign either the benefit or the burden of any contract with DV8 Works.
14.7 The Contract shall be governed by the law of England and the Customer agrees to submit to the non-exclusive jurisdiction of the English courts.
These conditions are intended exclusively for residents and businesses of the United Kingdom. Those who choose to access our Website from other locations do so are their own risk and are responsible for compliance with any all local laws, if and to the extent local laws are applicable. The contract shall be governed by and construed and interpreted in accordance with English law and for the purpose of settlement of any disputes arising out of in connection with them the parties will submit themselves to the jurisdiction of the English courts.
Acceptance of good(s) shall signify your acceptance and to be bound by the Company’s latest Terms and Conditions.