Terms of Sales and Refunds

1. Definitions

In this terms of sales and refunds policy the following words shall have the following meaning:

1.1 ‘Buyer’ means the person who buys goods from the seller

1.2 ‘Consumer’ shall have the meaning ascribed in section 12 of the ‘Unfair Contract Terms Act 1977’

1.3 ‘Goods’ means the articles that the buyer agrees to buy from the seller

1.4 ‘List Price’ means the list of prices of the goods maintained by the seller as amended from time to time

1.5 ‘Seller’ means LKQ Electriq

1.6 ‘Terms and Conditions’ means the terms and conditions of the sale set out in this policy and any special terms and conditions agreed in writing by the seller

2. General

2.1 These terms and conditions shall apply to all contracts for the sale of goods by the seller to the buyer and shall prevail over any other policy or communication from the buyer.

2.2 All orders for goods shall be deemed to be an offer by the buyer to purchase goods pursuant to these terms and conditions and are subject to acceptance by the seller. The seller may choose not to accept an order for any reason.

2.3 Acceptance of sales order confirmation or pro forma invoice of the goods shall be deemed conclusive evidence of the buyer’s acceptance of these terms and conditions.

2.4 These terms and conditions are available on request by email from the seller. The seller reserves the right to amend the terms and conditions from time to time.

2.5 Nothing in these terms and conditions shall affect the buyer’s statutory rights as a consumer.

3. Product Information

3.1 Any description given or applied to the goods/services is given by a way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the buyers hereby affirms that it does not in any way rely on any description when entering into the contract/order form.

3.2 The seller reserves the right to alter prices or withdraw and modify products/services from time to time. Products/services illustrated in all of the seller’s literature and websites are done so as accurately as modern reproductioin methods will allow.

4. Price and Payment

4.2 Payment of the total purchase price (including VAT and any vehicle delivery charges) must be made in full upon completion of vehicle works carried out. Payment will be made via BACS or cash.

5. Refunds and Warranties

5.1 The customer will pay for the services received post work carried out. Customer’s statutory rights are not affected and the ‘customer’ has an obligation to inform the seller if they deem any works carried out to be unsatisfactory at the earliest opportunity and within 48 hours. All vehicles works will be investigated on a case by case basis.

5.2 As no funds will be processed via the website or via an Ecommerce platform, all refunds if warranted will be subject to LKQ Electriq internal processing in the presence of the customer.

6. Cancellation and Returns

6.2 The buyer shall inspect the goods/work carried out immediately upon receipt and shall notify the seller within 48 hours of delivery if the goods are damaged. Goods that are defective or do not comply with any part of the contract, must be reported to the seller within 48 hours of delivery.

6.3 Where a claim of defect or damage is made then it shall be the responsibility of the seller to collect the faulty goods and the buyer shall be entitled to replacement goods/service or a full refund (including delivery costs, if applicable).

6.4 When deposits are taken for specially ordered parts these parts will not be able to be returned to the supplier so no refund will be given if the appointment is missed or cancelled.

Any use of the site in violation of the foregoing violates these terms and conditions and may result in, among other things, termination or suspension of your rights to use the site.

7. Warranty

7.1 The seller warrants that the goods will at the time of delivery correspond to the description given by the seller.

8. Guarantees

8.1 In addition to the buyers statutory rights, the seller guarantees all goods against faulty workmanship and materials for a period of 30 days from the date of delivery.

9. Limitation of Liability

9.1 Nothing in these terms and conditions shall exclude or limit the liability of the seller for death or personal injury, however the seller shall not be liable for any direct loss or damage suffered by the buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of goods.

9.2 The seller shall not be liable under any circumstances to the buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.

10. Force Majeure

10.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machiery or shortage or unavailablity of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

11. Severance

11.1 If any term or provision of these terms and conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these terms and conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

12. Intellectual Property and Right to Use it

12.1 The buyer ackowledges and agrees that all copyright, trademarks and all other intellectual property rights in all the seller’s literature and websites shall remain at all times vested in the seller. The buyer is permitted to use this material only as expressly authoriased by the seller.

12.2 The buyer acknowledges and agrees that the material and content contained within the website is made available for personal non-commercial use only.

12.2 Any other use of the material and content of the website is strictly prohibited. The buyer agrees not to (and agrees not to assist or facilitate any third party) to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

13. Website Use and Links

13.1 Access to and use of the seller’s website is subject to these terms and conditions. The buyer agrees that use of this website is entirely at the risk of the buyer.

13.2 By using the seller’s website, the buyer agrees not to attempt to undermine the website’s functionality and integrity.

13.3 The seller’s website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and the buyer acknowledges and agrees that the seller is not responsible for the content or availability of any such sites.

14. Governing Law and Jurisdiction

14.1 These terms and conditions shall be governed by and construed in accordance with the law of England and the parties hereby sumit to the exclusive jurisdiction of the English Courts.