Terms & Conditions

TERMS AND CONDITIONS FOR THE SALE OF GOODS

1. Definitions

Buyer the person who buys or agrees to buy the goods from the Seller.

Conditions the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.

Goods the articles which the Buyer agrees to buy from the Seller.

Price the price for the Goods, excluding VAT and any carriage, packaging and insurance costs.

Seller means Racetorations Ltd. of Caldicott Drive, Gainsborough.

2. Conditions

2.1 These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer?s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.

2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.

2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyers' acceptance of these Conditions.

2.4 These Conditions may not be varied except by the written agreement of a Director of the Seller. 

2.5 These Conditions represent the whole of the agreement between the Seller and the Buyer.  They supersede any other conditions previously issued.

3. Price

The Price shall be the price calculated in the checkout confirmation on the website or contained in the order confirmation. The Price is exclusive of VAT unless otherwise stated, which shall be due at the rate in force on the date of the Sellers' invoice. (For electronic sales VAT will be added if applicable in the checkout confirmation).

4. Payment and Interest

4.1 Payment of the Price, Shipping and VAT shall be due with order except in case of account customers that is due within 30 days of the date of the Sellers' invoice.

4.2 For account customers interest on overdue invoices shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of 5% per annum above the Bank of England base rate from time to time in force.  Such interest shall accrue after as well as before any judgment.

4.3 The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.

5. Goods

The quantity and description of the Goods shall be as set out in the website checkout confirmation or in the Sellers' confirmation of order.

6. Warranties

The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller in the confirmation of order.  Except where the Buyer is dealing as a consumer (as defined in section 12 of the Unfair Contract Terms Act 1977), all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods are excluded. All parts are fully warranted against defects in materials and workmanship for a period of twelve (12) months from the date of purchase. In most cases, warranty will not cover labour, failure of a related component, failure resulting from incorrect installation or misuse, nor would liability exceed the cost of the original component. During the warranty period, please contact us immediately at the point of purchase if any problems occur. We will then advise you, before replacing the failed component, as to the best course of action. With all claims, a copy of the purchase invoice must be produced.

7. Delivery of the Goods

7.1 Delivery of the Goods shall be made to the address indicated by the buyer but where payment is made by credit card the seller reserves the right to only make deliver to the billing address of the card. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.

7.2 The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so.  Delivery date (or delivery time) shall not be of the essence of the contract.

7.3 The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods.  If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.

7.4 If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.

8. Acceptance of the Goods

8.1 The Buyer shall be deemed to have accepted the Goods 24 hours after delivery to the Buyer.  

8.2 The Buyer shall carry out a thorough inspection of the Goods within 24 hours of delivery and shall give written notification to the Seller within 3 working days of delivery of the Goods of any defects which a reasonable examination would have revealed.

8.3 Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.  

9. Title and risk

9.1 Risk shall pass on delivery of the Goods to the Buyers' address.

9.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.

9.3 Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.

9.4 The Seller may at any time before title passes and without any liability to the Buyer:

9.4.1 repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyers' right to use, sell or otherwise deal in them; and

9.4.2 for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.

9.5 The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.

10. Carriage of Goods

Carriage will be chargeable on all sales unless otherwise stated at the appropriate rate.  The Buyer may seek to determine the amount if not advised by the Seller at time of order.

11. Taxation and Duties

For orders delivered to addresses within the UK or the European Union, Value Added Tax (VAT) at the prevailing rate is added to the Price and shipping charges. All other orders are VAT-free. Companies within the European Union (not including the United Kingdom) may also exempt themselves from VAT if they have a valid VAT number and the goods are being delivered to the company address. If the VAT number given by a company is invalid the order will proceed but VAT will be levied at the prevailing rate. Please be aware that you may be liable to local taxes or duties, which will apply when the parts reach their destination country. For further information on import duties please seek advice from your local Customs office.

12. Website

Errors & Omissions Excepted. We try to keep this website as accurate as possible. Please tell us if you think something is wrong. All parts offered subject to availability. All part numbers, illustrations and photographs used in this website are intended for reference and identification purposes only, and are not necessarily an exact representation of the goods supplied. Photographs of parts should be considered indicative of what we supply rather than an exact representation as sources of supply and manufacture can change. Whilst we make every effort to ensure the accuracy of product descriptions, illustrations and photographs on this website, they are based upon information supplied by the manufacturer or distributor at the time. There may be occasions, due to circumstances beyond our control, when specifications are changed, or when goods become temporarily unavailable.

13. Ownership of Information

All information and images on this website are the copyright of Racetorations Ltd. unless otherwise acknowledged and may not be reproduced in any way without the copyright owners prior consent. Some products may be covered by patents held by the company or directors.