STANDARD TERMS AND CONDITIONS OF SALE
Disclaimer and Terms & Conditions
For automotive parts supply, quotations, invoices, orders, fleet support, repair coordination, and related services
Important Notice: These Terms and Conditions come into force upon confirmation of any quotation, invoice, order, or instruction to proceed, whether by signed document, Local Purchase Order (LPO), email, message, verbal confirmation, or other clear acceptance by the client. |
1. Legal Trading Details
Sultana Automotive: Sultana Automotive is the trading name used by Joseph Sultana as a self-employed individual, ID Card No. 221875M.
Correspondence Address: 15 Triq L. Alfier, Naxxar, Malta, NXR1283.
Registered and Licensed Outlet: Qormi, Malta.
Definition of "we" / "our" / "us": Any reference in this document to "Sultana Automotive", "we", "our", or "us" shall include Sultana Automotive and its employees, representatives, and authorised coordinators acting within the scope of business operations.
2. Applicability and Acceptance
Binding Effect: These Terms and Conditions apply to all invoices, quotations, orders, supplies, services, coordination work, and related dealings with Sultana Automotive.
Method of Acceptance: Confirmation by word of mouth, signed document, LPO, email, message, payment, instruction to proceed, or acceptance of goods or services shall constitute full acceptance of these Terms and Conditions.
Client Terms Excluded: The client expressly waives its own standard terms and conditions, even if such terms were issued after these Terms and Conditions. Any derogation or variation shall only be valid if expressly agreed by Sultana Automotive in advance and in writing.
3. Quotations, Orders and Supply
Quotations: All quotations remain subject to stock availability, supplier confirmation, pricing changes, technical verification, and any conditions stated in the quotation itself until formally accepted.
Delivery and Timing: Any delivery period, workshop timeframe, or completion estimate is indicative only. Sultana Automotive undertakes to use reasonable efforts to perform within the agreed timeframe, but timing may be affected by supplier delays, transport, customs, technical findings, workshop scheduling, or other circumstances beyond reasonable control.
Nature of Obligation: Sultana Automotive undertakes to do its best to provide proper and timely services; however, its obligations shall not be interpreted as a guaranteed obligation to achieve a specific result unless expressly agreed in writing.
4. Pricing and Payment Terms
Payment Period: Invoices are payable within 30 working days unless another payment timeframe is stated on the invoice, quotation, order, or other written agreement.
Suspension for Late Payment: In the event of late payment, Sultana Automotive reserves the right to suspend the supply of goods, release of vehicles, coordination services, deliveries, or any further provision of services without prior warning.
Interest on Overdue Amounts: Where payment is not made by the due date, Sultana Automotive reserves the right to charge fixed interest at the rate of 10% of the outstanding sum, without prejudice to any other remedy available at law.
Debt Recovery: If any sum remains outstanding for more than sixty (60) days after the due date, Sultana Automotive reserves the right to refer the matter to a debt recovery company and/or legal counsel. All legal, administrative, and recovery costs shall be borne by the client.
Taxes and Withholding: Any withholding tax, deduction at source, bank deduction, transfer charge, or similar charge imposed by the legislation of the client's country shall be paid solely by the client. The full invoiced amount shall remain due to Sultana Automotive in its entirety.
5. Warranty and Returns
Parts Warranty: All new parts supplied by Sultana Automotive, excluding service items, electrical components, and wear-and-tear parts, carry a one-year warranty against manufacturing defects only, unless otherwise stated in writing.
Warranty Scope: Warranty claims are subject to inspection and verification by the relevant supplier or manufacturer and must strictly relate to a manufacturing defect. Labour, downtime, towing, substitute vehicles, business interruption, and indirect losses are excluded unless expressly confirmed in writing.
Returns: Returns are accepted only if authorised in advance and only if the item is unused, complete, undamaged, and in resalable condition with original packaging intact. Any request for return must be made within two working days from delivery or collection unless a shorter supplier deadline applies. Special-order, custom-sourced, used, electrical, opened sealed, or non-returnable items are excluded unless defective and accepted by the supplier.
6. Third-Party Repairers and External Providers
Third-Party Workmanship: Where Sultana Automotive arranges or coordinates mechanics, sprayers, panel beaters, electricians, towing operators, VRT bookings, scrapping services, transporters, or other third-party providers, the actual workmanship and execution remain the responsibility of the relevant external provider unless expressly stated otherwise in writing.
No Third-Party Claim Participation: Sultana Automotive cannot, under any circumstances, be required by the client to appear as a third party in any claim for damages filed against the client by an end consumer or any other third party arising out of the client's own dealings, use, resale, or onward supply.
Limitation Regarding External Providers: Sultana Automotive shall not be liable for faults, delays, omissions, negligence, damage, or losses caused by third-party workshops, contractors, carriers, or service providers.
7. Claims and Notifications
Claims Procedure: For any claim to be admissible, Sultana Automotive must be notified by letter sent by recorded delivery to its correspondence address within three (3) days from delivery of the goods or provision of the services.
Prompt Inspection: The client must inspect goods, documents, and completed services immediately upon delivery or completion and notify Sultana Automotive promptly of any alleged non-conformity, shortage, or issue.
Failure to Notify: Failure to notify within the stated period shall constitute acceptance of the goods and/or services as delivered, without prejudice to any non-excludable rights which may apply by law.
8. Vehicle Possession, Storage and Personal Property
Vehicle in Possession: Vehicles may be moved, parked, stored indoors or outdoors, or transferred to repair facilities, transporters, or other service providers as reasonably required for the performance of the requested work.
Vehicle Damage Disclaimer: To the fullest extent permitted by law, Sultana Automotive is not responsible for damage, deterioration, weather exposure, vandalism, theft, fire, force majeure events, or similar incidents incurred while a vehicle is left in its possession, custody, or control, particularly where the vehicle is stored or parked pending inspection, repair, transport, parts arrival, or collection.
Items Left in Vehicle: Sultana Automotive shall not be liable for money, tools, documents, electronics, accessories, cargo, or any other items left inside the vehicle while the vehicle is in its possession.
Post-Completion Collection: Once repair works are completed and the client has been informed that the vehicle is ready for collection, the vehicle may be parked outside the repair facility or in another designated area pending collection. Neither Sultana Automotive nor the repairer shall be liable for any loss, theft, damage, weather exposure, vandalism, or incident occurring after completion of the works and notification for collection.
9. Limitation of Liability
Excluded Losses: To the fullest extent permitted by law, Sultana Automotive shall not be liable for indirect, incidental, consequential, special, punitive, or economic loss, including loss of profit, downtime, loss of use, business interruption, loss of opportunity, or reputational loss.
Liability Cap: Where liability is legally established against Sultana Automotive, such liability shall in all cases be limited to the amount actually paid by the client to Sultana Automotive for the specific goods or services giving rise to the claim.
Client Information: Sultana Automotive shall not be responsible for errors, incompatibility, or delays resulting from inaccurate, incomplete, or misleading information supplied by the client or the client's representatives.
10. Governing Law and Jurisdiction
Exclusive Governing Law: All contractual relations with Sultana Automotive shall be governed exclusively by the laws of Malta.
Jurisdiction: Any dispute, claim, or controversy arising from or related to Sultana Automotive's quotations, invoices, goods, services, or coordination work shall be subject to the jurisdiction of the competent courts of Malta, unless mandatory law provides otherwise.
11. General
Severability: If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
No Waiver: Any delay or failure by Sultana Automotive to enforce any right shall not constitute a waiver of that right.
Legal Review: This document is prepared for business and website presentation purposes. Where required, formal legal review should be obtained before publication or contractual rollout.
Issued by Sultana Automotive
Email: vehiclesupport@sultanaauto.com | Correspondence: 15 Triq L. Alfier, Naxxar, Malta, NXR1283
Registered & Licensed Outlet: Qormi, Malta