GENERAL: All orders are subject to these conditions of sale and the placing of an order by the buyer shall be considered as acceptance of these conditions. These conditions may not be modified or varied unless Pure Motorsport UK LTD (hereinafter referred to as "the Company") agrees in writing and the Company shall not be deemed to accept such other conditions nor waive any of these conditions by failing to object to provisions contained in any purchase order or other communication from the buyer.
No person has authority on behalf of the Company to vary any condition except the Directors, and then only in writing signed by the Directors.
VALIDITY OF QUOTATION: The Company reserves the right to amend any price quoted to cover an increase in costs of material or labour or overhead expenses which may take place between the date of the quotation (or the date of the order where no quotation is made) and the date of despatch which may affect the cost of manufacture and/or delivery of the goods, and every quotation is made and every order is acknowledged on the condition that the goods will be invoiced at and payment will be made at the price ruling when the goods are supplied.
PRICES: Unless otherwise agreed in writing, all orders are executed subject to prices and any relevant discounts ruling at the date of despatch and any price list of the Company, whether published or not, shall not affect the right of the Company to charge for goods in accordance with this clause. All of our prices are shown both exclusive and inclusive of VAT. Errors and omissions excepted.
DELIVERY: (a) Delivery dates are given in good faith by the Company to indicate estimated delivery times, but shall not amount to any contractual obligation to deliver at the time stated. The Company will accept no liability for direct or consequential loss or damage arising from delay in delivery. It is the customer's responsibility to check all goods for damage before signing for acceptance of said goods. Once goods are signed for 'accepted' the Company will not admit any liability for damage. (b) In the case of export orders, delivery shall take place at a port or airport on the mainland of Great Britain (delivery being deemed to have occurred when the goods are unloaded at the port or airport). (c) UK mainland Postage and packaging charges for most items will be between 3.85GBP + VAT and 23.40GBP + VAT. European postage and packaging charges for most items will be between 10.50GBP + VAT and 38.50GBP + VAT. For other Worldwide shipping costs please contact us for individual quotations. When ordering from these destinations through our website an email stating the shipping cost will be sent for verification before the order is processed. If an international order is made online with only UK postage paid for, the company will send a request for further payment to bring the amount paid up to the required carriage charge. The order will not be dispatched until the additional postage charge is paid for in full. (d) We are only able to deliver parts to the registered card holders address or to a registered business address. We are not able to send parts to a third party residential address.
DAMAGE IN TRANSIT AND SHORTAGES: Goods received in a damaged or unsatisfactory condition must be signed for as such and the company must be informed immediately. Once goods have been signed for in good condition no claim from the Company can be submitted to the courier. On receipt, goods should be checked with the invoice enclosed with the goods. Shortage claims will only be considered if the Company receive notification of such shortage 24 hours from the time of delivery, failing which no liability will be admitted. The packing and contents should be retained for inspection.
RETURNS: Goods correctly supplied may not be returned to the Company without written agreement. Goods to be returned must be notified to the Company within seven days of receipt of goods by the Customer and returned in accordance with the conditions below:
Items are returned carriage paid.
Items are received in a resalable condition.
Items should be returned unused in their original condition in order to secure a refund.
Items are returned complete with all packaging in good condition. (We reserve the right to levy a charge to replace product packaging, which is damaged or defaced).
Items returned after 7 days from receipt may be subject to a restocking charge of not less than 10%. This does not affect your statutory rights.
We cannot accept any items, which have been specially ordered for you or manufactured to your specification for return.
All returns are to be accompanied by the senders name and address invoice reference number (these are found on the invoice), and reason for return.
We cannot accept responsibility for returned parcels which are undelivered, please retain your proof of postage etc., you may require it on the event of a claim with your carrier
WARRANTY: If on delivery there is any damage, defect or shortage in the goods and the Customer gives due notice under conditions above and returns the damaged or defective goods to the Company, the Company shall replace the damaged or defective or missing goods or (at the Company's option) credit the Customer with the amount of the price attributable to those goods. Purchasers understand and recognise that racing parts and equipment, inventory and services manufactured and/or sold by the company are exposed to many and varied conditions due to the manner in which they are installed and used. Purchasers and the company consciously desire to make their own bargain, irrespective of any court decision and purchasers agree upon good faith and in consideration for being allowed to purchase from the company does not make any affirmation of fact or promise to purchase which relates to said parts, inventory or services, that becomes part of the basis of the bargain between the company and purchasers. Nor does the company make, or cause to be made to purchaser any description of the goods sold to purchaser nor does the company make, or cause to be made, as part of the basis of the bargain with purchasers any description of affirmation of fact concerning any sample or model of racing parts, and equipment inventory or service.
As further consideration for purchasers using the company's racing parts and equipment any and all inventory and services, purchasers acknowledge that due to the differing conditions and circumstances under which all equipment and parts are installed and used, purchasers are not relying on the company's skill or judgement to select or furnish the proper part or equipment. Purchasers expressly affirm they are relying upon their own skill or judgement to select and purchase suitable goods.
The company makes no warranties whatsoever, expressed or implied, oral or written, to purchasers. There is no warranty of merchantability made to purchasers. The company further excludes any implied warranty of fitness with respect to racing and equipment, any and all inventory, and service.
There is no warranty, expressed or implied, oral or written relating to noise, vibration or harshness (NVH) issues found by using our products. Our products are solely designed for motorsport use, and as such many parts can increase NVH within the passenger compartment.
DESIGN AND SPECIFICATION: The Company may withdraw or modify any design or specification of the goods at any time without notice to the Customer.
DESCRIPTIVE MATTER AND ILLUSTRATIONS: All descriptive and forwarding specifications, drawings and particulars of weights and dimensions issued by the Company are approximate only and are intended only to present a general idea of the goods to which they refer and shall not form part of the contract. Whilst every endeavour has been made to ensure that the goods are accurately described and believed to be fit for the purpose mentioned in the Company's catalogues, advertising, etc., no warranty or representation to this effect is given either expressly or by implication and no responsibility will be accepted in the event of an error or misdescription or any such unfitness or any damage resulting therefrom. Whilst every care is taken at all stages of manufacture, the Company will not accept any responsibility for subsequent costs or expenses incurred as a result of the use or fitting of the Company's products.
LIMITS OF CONTRACT: Any quotation includes only such goods, accessories and work as are specified therein.
INTELLECTUAL PROPERTY: Many of the Company's products are subject to patents, registered designs, copyright or other intellectual property rights in the United Kingdom and abroad. Action will be taken against counterfeiters to protect the Company's rights.
VALUE ADDED TAX: Where chargeable, VAT will be charged at the rate applicable at the date of despatch. For orders placed outside the EU you will not pay VAT we will deduct the VAT from your order before it is processed. If you are a company within the EU please include your valid VAT number with your order (not applicable to UK companies).
FORCE MAJEURE: In the event of a war, invasion, act of foreign hostilities, whether war has been declared or not, civil war, rebellion, revolution, insurrection or military or usurped power, the seller shall be relieved of liabilities incurred by any government department, council or other duly constituted authority or from strikes, lockouts, breakdowns or plant or any other causes (whether or not of a like nature) beyond the Company's control.
LEGAL CONSTRUCTION: Unless otherwise agreed by the Company in writing, these conditions shall in all respects be construed and operate as an English Contract in conformity with English Law.