The Company shall not be liable for any defect in the quality
nature or condition of the Goods nor for the failure of the Goods to
comply with any specification unless a claim in writing shall have been
lodged with the Company by the Buyer or their agentwithin 14 days of delivery.
In this respect the Buyer is obliged to check the condition,
quality, safety and all other properties of the Goods and to hold the
Company harmless against any claims, and in the event no such claim is
lodged the Buyer shall not be entitled to reject the Goods.
The Buyer is obliged to check the Goods on delivery and to
indemnify and keep indemnified the Company against any claims, demands
or proceedings in respect of the quality and safety of the Goods in the
possession of the Buyer or their agents.
In the event of any shortage defect or failure as afore said
the Company shall make good the shortage defect or failure and/or at
the Company's sole discretion either replace at the Company's own
expense, repair the Goods or refund all (or where appropriate part) of
the price paid for any Goods found to be defective, provided that as a
condition thereof the Company may require that the Goods concerned are
returned to the Company's premises within one month of discovery and
notification of the defect.
Goods found to be defective in design, materials or workmanship by the Company will be replaced or credited to the Buyer
to the invoice value of the Goods subject to the above clauses being
satisfied.Where the Buyer is a person dealing as a consumer there is to
be implied in this contract the condition and warranties contained in
Section 13.14 and 15 of the Sale of Goods Act 1979. The statutory
rights of the consumer are not affected.
Except in respect of death or personal injury caused by the negligence of the Company (being negligence defined by Section 1 of
the Unfair Contract Terms Act 1977) the liability of the Company to the
Buyer by reason of any representation implied warranty or other term or
any duty under common law or under any contract for any consequential
loss or damage (whether for loss of profit or otherwise ) costs claims
and expenses or for any other loss damage or injury whatsoever which
may arise from the suitability of the Goods faulty workmanship or
otherwise shall in no case exceed the invoiced value of the Goods
delivered from which the loss or damage arises.
Any information or recommendation by the Company in relation to the Goods is given in good faith but the Company shall not be
liable to the Buyer in respect of any loss or damage arising therefrom howsoever caused.
Goods supplied to the Buyer may be returned to the Company within 14 days from the date of receipt on the condition that they
are in the same condition as they were when dispatched by the Company,
in their original packaging and without having been used or installed.
A covering letter must accompany all returned goods stating the original sales invoice number and reason for return.
Goods returned within the abovementioned timescale will be credited at the price invoiced to the Buyer less any carriage costs
incurred by the Company and less a restocking/handling charge at a rate
for the time being in force at the date of return. The Company shall
effect a refund to the Buyer within 30 days following the date of
receipt of the Goods at the registered address of the Company, via the
same method of payment as the original purchase was made (e.g. Credit
card).
The Buyer wishing to return Goods outside the 14 day return period must negotiate with the Company and obtain the Company's
written consent before returning the Goods. Minimum handling/re-stocking charge on such returned Goods will be 20%.
Where Goods are returned by the Buyer to the Company as allegedly faulty, the Buyer agrees to allow the Company (at no
further expense to the Buyer) to inspect, test, and report on the
condition of the Goods (without the Company replacing the said Goods
prior to such report). Furthermore the Company shall repair or replace
at its discretion such defective Goods, and allow the manufacturer of
said Goods to inspect, test and report on the condition of the Goods in
order that their manufacturing processes are updated accordingly. The
Buyer agrees that these processes shall occur where necessary before
any decision or refund will be made by the Company to the Buyer.
Compatibility of goods is not guaranteed by the Company where modifications or alterations have been made to the Buyer's
vehicle.
Parts modified or adapted by the Buyer shall no longer be warranted by the Company or the manufacturer of the Goods and the
Company shall not be liable for any failures resulting subsequent to such modification.