Terms and Conditions

Terms and Conditions

Note – you must read and understand the DPF (FAP) Guide to Fitting for the Professional before attempting to fit your DPF (see link Guide To Fitting New Unit) Your Warranty will be void if you have incorrectly fitted or failed to note the procedure above You must be competent and have the correct technical back up to fit these units or you must take to a professional installer 1. Terms & Conditions of Sale
1.1	In these Terms & Conditions when we state
	1.1.1	you or your this means you, the customer ordering any product
	1.1.2	we, us or our means Direct Fit the company from whom you purchase the products Direct Fit is a trading arm of Cats & Pipes Limited a company registered in England Company Registration Number - 3137111 Registered Office Address – Cats & Pipes Ltd, Merllyn Office, Merllyn Farm, The Village, Babell, CH8 8PZ VAT Registration Number – 709 438 028
	1.1.3	order means the order placed by you either on line or by telephone
	1.1.4	delivery terms means the terms that apply to our delivery service
	1.1.5	product or products means the products that we sell
	1.1.6	terms means this Terms & Conditions of Sale
	1.1.7	website means the website (directfit.co.uk)
1.2	If you order Product(s) on behalf of a company, organisation or other entity you (as defined in Clause 1.1.1) includes you, that company, organisation or other entity and you represent and warrant that you are authorised to bind the company, organisation or other entity to our agreement (including these Terms), and that you agree to our agreement (including these Terms) on behalf of yourself and the company, organisation or other entity.
1.3	These Terms set out the basis on which we may sell Products to you. Please read these Terms carefully. By submitting an order for and/or purchasing any Product, you are indicating your acceptance of these Terms and you agree to be bound by these Terms. If you do not accept these Terms, you will not be able to order or purchase any Products from us.
1.4	These Terms are set out only in the English language.
2 . Your Agreement
2.1	Each order you place and purchase of Product(s) you make is subject to these Terms, our Delivery Terms (where relevant), and any additional terms that apply to any quote we may give or any promotional or special offers.
2.2	Any Product(s) provided by us in connection with your order are governed by our Supply & Fitting Instructions & Terms issued with each Product purchased. (See Guide To Fitting New Unit on Fitting Page)
3 . The Order Process and Contract Between Us
3.1	Please refer to the ‘How To Order’ section of our Website for information on how to place an order via the Website. You will have an opportunity to check and correct any input errors in your orders on the Website up until the point at which you submit your order by clicking the "confirm order" button on the ‘check out page’ of our Website. Please carefully check your order at each stage of the order process. Once you have clicked the "confirm order" (or similar) button, you will be obliged to pay for the Products you have ordered via the Website.
3.2	Your order is an offer to purchase from us. When you place an order with us you do so in accordance with the terms of our agreement, subject to our acceptance of your order. If you place an order via our Website (or where we have otherwise stated that we will), we will send you an email acknowledging receipt of your order, together with your order number and details of the Product(s) you have ordered. Please note this email is an acknowledgement and is not an acceptance of your order.
3.3	We may choose not to accept your order for any reason and we will not be liable to you or to anyone else in those circumstances. If we do not accept your order (whether in whole or in part) we will refund any monies paid in connection with that order (or that part of the order that we do not accept).
3.4	Our agreement is formed when we accept your order. The processing of your payment and acknowledgment of receipt of your order (whether by email, telephone or otherwise) does not constitute legal acceptance of your order.
3.5	You may not cancel your order once it is submitted, unless otherwise agreed with us or where we offer you the facility to do so.
YOUR CONSUMER RIGHTS ARE NOT AFFECTED 4 . Intellectual Property Rights
4.1	This website contains images, illustrations, text, photographs, formats and styles of presentation, software (including HTML code) and other material (collectively, Material). All copyright, moral ownership and other intellectual property rights in the website and the Material (and derivatives of it) are either owned exclusively by or are licensed to us.
4.2	Except as expressly set out in these Terms of Use, nothing in these Terms of Use shall give you any rights in respect of any intellectual property owned by us and you must not assert or attempt to obtain any such rights.
4.3	You acknowledge our rights to the Material. You must not use, copy, reproduce, modify, manipulate, transmit, distribute, perform, publish, display, participate in the transfer or sale of, license or create derivative works from, or in any way exploit, Material accessed through this Website. Where copying or transmission is expressly permitted, you must display an appropriate author attribution or copyright notice.
4.4	You may use, and download and print extracts from, this Website for your own personal use only to the extent necessary to utilise the Website and the products offered through it.
4.5	Except as expressly set out in these Terms of Use, you are not allowed to copy or use any Material on this Website for any commercial purpose.
4.6	You are not allowed to remove any copyright, trade mark or other intellectual property notices or watermark contained in the original Material or from any Material copied or printed from the Website.
5. Liability
5.1	Consumer
	5.1.1	If you are acting as a consumer (which for these purposes means anyone who acts outside the course of a business, trade or profession) in your ordering and/or purchasing of Products, to the extent not prohibited by law, we accept no liability for any:
	5.1.2	loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our agreement);
	5.1.3	loss which arises when we are not at fault or in breach of our agreement; and
	5.1.4	business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses).
	5.1.5	If you are acting as a consumer, you may have certain legal rights regarding claims in respect of losses caused by our negligence or failure to carry out our obligations. Nothing in our agreement is intended to limit your legal rights as a consumer. For further information about your legal rights you can contact your local authority Trading Standards Department or Citizens Advice Bureau.
5.2	Business Customer
	5.2.1	If you are acting in the course of a business, trade or profession in your ordering and/or purchasing of Products (a business customer), we shall have no liability to compensate you (whether in contract, tort (including negligence), breach of statutory duty or otherwise), other than any refund we make under our agreement or otherwise at our discretion.
	5.2.2	If you are acting as a business customer in your ordering and/or purchasing of Products, we accept no liability (whether arising in contract, tort (including negligence), for breach of statutory duty or otherwise) for any of the following losses:
		5.2.2.1 loss of profits, revenue, sales, income, or business;
		5.2.2.2 loss of savings;
		5.2.2.3 loss of use or production;
		5.2.2.4 loss of goodwill;
		5.2.2.5 business interruption;
		5.2.2.6 remedial costs if the Products are damaged or defective;
		5.2.2.7 damage to property or possessions through use or misuse of the Products;
		5.2.2.8 loss caused by delay or other late performance; and
		5.2.2.9 indirect or consequential losses.
5.3	If you are acting as a business customer in your ordering and/or purchasing of Products, you acknowledge and agree that all our obligations to you are set out in our agreement.
5.4	If you are acting as a business customer in your ordering and/or purchasing of Products, except as set out in our agreement, all other terms, warranties, representations and conditions implied by statute, common law or otherwise (including fitness for purpose) are excluded to the fullest extent permitted by law.
5.5	We will not be responsible to you or, if you are undertaking work for another person, to any other person, for the use or installation of any Products by you (or on your behalf). Accordingly, as a business customer, you hereby agree to hold us harmless, and indemnify us, against any liability associated with any claim or allegation that we are responsible for any failings in the installation or use of Products that we supply.
5.6	Liability provisions consumer or business customer
5.7	Nothing in our agreement limits or excludes our liability for fraud or fraudulent misrepresentation, death or personal injury caused by our negligence or for any other liability which cannot be limited or excluded by law.
6 . Our rights to cancel
6.1	We may cancel our agreement by notice in writing to you if you are in breach of our agreement, you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets. Upon cancellation, any money due to us in respect of our agreement which has been cancelled shall become immediately due and payable and we shall be under no further obligation to supply Products to you.
7 . Events beyond our control
7.1	We shall have no liability to you for any failure or delay in supply or delivery, nor if performance of any of our obligations is prevented or restricted, nor for any damage or defect to Products supplied or delivered under our agreement, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, the following to the extent these are outside our reasonable control: accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition or restrictions of imports or exports).
8 . Complaints
8.1	If you have a complaint about your order or Products, you should contact us via e-mail on complaints@directfit.co.uk or write to us at Direct Fit, c/o Cats & Pipes Ltd, Merrlyn Office , Babell, Flintshire CH8 8PZ, United Kingdom.
8.2	We will endeavour to keep you informed either by email or letter at each stage of the complaints handling process and will endeavour to fully resolve your complaint as soon as possible.
9 . Governing law and venue for disputes
9.1	You and we agree that our agreement is governed by the law of England and Wales and that any dispute between you and us arising out of or in connection with our agreement (including non-contractual disputes or claims) will only be dealt with by the courts of England and Wales.