| TERMS
Definitions
1. Any reference to Company/Seller/We/Us shall mean Performance 3000,
3 Kingfisher Close, Lynx Trading Estate, Yeovil, Somerset, BA20 2PJ who
sell and fit motor equipment and accessories in the course of their trade
or business.
2. Any reference to You/Buyer/Purchaser shall mean any person, sole
trader, partnership, business, body corporate or other entity detailed
in the appropriate section of the sales invoice/order form and shall
include all successors, heirs and assigns. Where the Buyer purchases
in the course of a trade, profession, vocation or sport (where the buyer
is a specialist or enthusiast), it is agreed that such a buyer shall
mean a trade buyer. Where a person deals entirely as a consumer, statutory
rights shall remain unaffected. Where the term buyer appears within these
terms it shall mean both trade and consumer buyer/purchaser unless specified
as relating to a trade buyer or consumer buyer individually.
3. Goods or equipment ordered shall mean the items detailed in the appropriate
section of the sales/order form and it shall be a core term of this agreement
that all additional parts, connecting components or ancillary items,
not detailed within the sales order form, shall be additional to this
agreement.
4. Price shall mean the consideration due for purchase. Purchasers should
note that prices quoted may vary during the currency of brochures (upwards
or downwards) and current prices are quoted at the time of order.
5. In respect of orders placed via Ebay, such orders shall be binding
in accordance with Ebays policies. The Company reserve the right to refuse
any offer to purchase prior to email confirmation or despatch, where
goods ordered become unavailable, the price of goods varies or an error
is made by the Company in the price, description or for some other reason,
whereupon a full refund of your payment will be made to you, usually
in the method you made payment to the Company.
GENERAL
6. "Working day" shall
mean any day excluding Saturdays, Sundays and public holidays.
7. These conditions shall apply to all of the company's quotations and
contracts, orders (including telephone, facsimile transmittal, postal
and internet orders) for the sale or supply of goods accepted by the
company. For the trade buyer, any other terms or representations, whether
implied by statute, made prior to, collateral with or subsequent to the
contract or order are hereby excluded and shall not be binding upon the
company.
8. Brochure descriptions, Web Site information and samples on display
are indicative only and any specifications, weights, measurements and
technical data (whether relating to performance or otherwise) have been
prepared by manufacturers and are for guidance only. Additionally, parts
or components pictured or described within brochures or websites are
for illustration purposes only and may vary in size, specification, colour
and fitment dependent upon the make and model of your vehicle. Buyers
are therefore required to check current specification, colours, weights
and measurements with the Company, prior to order. Manufacturers also
allow tolerances within the manufacturer of their products and also reserve
the right to amend specifications, without notice, in order to improve
products or where amendment becomes necessary and the Company shall endeavour
to inform the Purchaser of any such amendment or change.
9. The company reserves the right to amend technical or clerical errors
in any order without notice. In addition, the buyer shall ensure that
all details contained within the order are correct prior to submission
to the Company. Subsequent to delivery, the Company shall accept no liability
for any error or inaccuracy in order unless notified of such error within
seven days of delivery/receipt of any document containing the said error.
GUARANTEES
10. All guarantees for products are provided entirely by the manufacturers/UK
importers and are subject to terms contained therein. Purchasers are
reminded to complete and return all warranty cards/documents upon receipt
of goods where appropriate.
LIMITATIONS UPON LIABILITY
11. Advice given by agents or servants of this company during telephone/Internet
orders is based entirely upon information given by the purchaser with
no inspection undertaken. As such, all advice given is indicative only
and all such advice should be checked by the purchaser prior to order.
Where advice is given after visual inspection by agents or servants of
this company, such advice shall amount to an opinion only. Additionally,
goods supplied are supplied only to correspond to the purpose for which
goods of that kind are commonly supplied and not alternative uses to
which they may be put. No liability for failure can be accepted by this
company for such alternative use, amendment or modification.
12. For trade buyers, the company is hereby excluded from any liability,
howsoever arising, in respect of any express or implied condition, warranty
or term, statement, representation whether statutory or otherwise, relating
to the goods supplied. The trade buyer accepts that he is best placed
to insure against losses which arise by virtue of any breach of this
agreement and warrants that he carries adequate insurance in this respect.
13. Goods ordered by the Buyer may not be compatible with vehicles which
have been modified, adapted or altered. Where goods ordered by the Purchaser
are not compatible by reason of modification, adaptation or alteration,
the Company may accept such goods back into stock entirely at its discretion,
and shall either issue a refund or credit to the purchaser except where
goods are specifically ordered for the purchaser where no such refund
or credit will operate.
14. Where goods purchased by the buyer are alleged to be defective,
the purchaser agrees to return such goods to the seller for inspection
and report (without the seller replacing the said goods prior to such
inspection). The purchaser also accepts that it is reasonable to inform
the seller of any interruption, defect or other failure prior to contacting
independent third parties or incurring expense and, in addition, to allow
the seller to remedy the defect, failure or interruption. Parts modified
or adapted by the purchaser shall no longer be warranted by the manufacturer
nor shall the Company be liable for any failures resulting subsequent
to modification as a result of such modification.
15. Competition goods are supplied for specialist use and are subject
to extreme heat and stress whilst in use. Life expectancy and durability
are greatly reduced and purchasers should note that any claim for failure/wear,
shall not be entertained by the Company. It is acknowledged by the buyer
of such goods that the foregoing statement shall be a relevant and important
issue in any claim brought against the Company and the Company shall,
in turn, place importance upon this clause. In addition, parts connected
to parts supplied by this company may be placed under stress where specialist/competition
parts are used, and purchasers should take advice from experts prior
to purchase. Manufacturers may also limit guarantees when components
are installed for competition use.
16. Where goods are defective, incorrectly supplied, delayed or otherwise
in breach of the implied terms of the buyers statutory rights, all losses
which result from loss of competition points, awards, loss of entry fees
or other similar losses, are excluded and shall not be reclaimable from
the Company. In addition, the company shall accept no liability for death
or personal injury unless caused directly by the Companies own negligence.
17. No liability is accepted by the company where purchasers attempt
to modify or install components supplied where it is known or ought reasonably
to be known to the Purchaser that the part supplied is incorrectly supplied
or otherwise not in accordance with the order.
18. The company accepts no liability in respect of failure to supply
or other interruptions caused by matters beyond the reasonable control
of the company, including but without limitation, strikes, lockouts,
civil disputes, acts of God, war or actions by third parties.
19. Notwithstanding any other provision of this Agreement, nothing in
this Agreement shall confer a benefit on any person or persons not named
as the purchaser herein (for the purposes of the Contract (Rights of
Third Parties) Act 1999 or for any other purpose).
PAYMENT TERMS 20. Quotations are given on the assumption that no variation in the
price will be made by the manufacturer/sole importer and that Government
levies remain unaltered. In the event of such changes, the trade buyer
shall be liable for the full cost of any change without notice from the
Company. A Consumer Buyer shall be contacted by the Company and consent
for any price increase obtained. Where no such consent is obtained, the
Consumer Buyers agreement to purchase shall be treated as cancelled.
Buyers are hereby informed that calling down of smaller quantities of
material than ordered may increase the overall price per unit, there
being reduced economies of scale in order. The resultant additional cost
shall be the buyers.
21. Unless
otherwise stipulated within the sales invoice/order form, all accounts
are payable at the time of order.
22. Paypal's E-Cheque - when using this payment method please be aware that payment will not clear for between 10 to 15 days. When paying by Paypal you can select to pay by E-Cheque as an option or if there is a discrepancy with your card, Paypal will automatically select it for you. This is a slow method of payment so please read the screen carefully if you do not wish to use it. If you pay by E-cheque we will not hold on to stock whilst awaiting payment to clear. If we have no stock left or have incurred a price increase between the time you make payment and the time your payment clears we will fully refund your payment.
TITLE AND DELIVERY
23. Ownership or Title to the product shall not pass to the buyer until
the company has received payment in full. In the event that sums owing
in respect of other items ordered remain due, apportionment by this company
shall take place without prejudice to the right to retain title or ownership
in respect of all goods ordered.
24. Delivery times will be quoted at time of order and all times given
for despatch or delivery are approximate and time shall not be of the
essence. Usually despach will be the same or next working day where possible
and within reason. The buyer agrees to give 20 days in any written notice
making time of the essence, such notice to commence subsequent to the
last time for delivery quoted by the Company. The Buyer further agrees
to accept full liability in respect of delayed or late delivery or despatch
prior to the expiry of any such notice. In respect of special order goods,
the buyer acknowledges that further delays may occur and allows the company
30 days in any written notice, such notice to commence subsequent to
the last time for delivery quoted by the Company. In any event, delivery
times are approximate and variable. When delivery is effected to the
purchaser directly or to an independent delivery contractor as agent
for the purchaser, risk shall pass to the buyer immediately.
25. The Buyer is required to notify the company, in writing, of any
shortage, misdelivery or other discrepancy immediately, or at the latest
within seven days of such shortage, misdelivery or failure, thereafter
the buyer shall be liable for any such discrepancy. Where delivery is
effected to the buyers own independent delivery contractor, loss or damage
in transit claims should be made directly to the carrier. The company
will assist purchasers in making their claim. Buyers should retain all
packaging in the event of a claim or return within the terms of this
agreement.
26. Delivery and packing prices indicated within the Companies Brochures
and Internet Site are subject to change and will be confirmed at the
time of order. Buyers outside the United Kingdom and Europe shall be
quoted approximate prices for delivery and packing prior to order confirmation.
If required the Company shall quote for delivery and packing in such
instances and confirmation of acceptance shall be required from the Buyer
prior to acceptance of order.
CANCELLATION OF ORDERS AND LIABILITY
27. Clauses 28, 29, 30 and 31 below shall only apply to a person who
purchases goods as a consumer buyer and is resident within European Economic
Community where rights, which accrue by virtue of the Consumer Protection
(Distance Selling) Regulations, apply.
28. A Consumer Buyer shall have the right to cancel any contract for
goods made by means of distance communication, in accordance with these
Terms and Conditions, within seven working days of delivery of the goods.
Special order goods shall not be returnable under the terms of this clause.
Cancellation of the contract can be effected by service of a Written
Notice signed by the Consumer Buyer which details clearly the Companies
Sales Order Number and the name and address of the Consumer Buyer, and
delivered either by fax to the number printed on the Invoice or by post
to the Company's registered office.
29. If a Written Notice of Cancellation is received by the Company in
accordance with clause 27 the Consumer Buyer shall become liable to return
the goods to the Company forthwith, to such address as directed by the
Company in their original packaging (and without having been installed
or used and with all relevant seals and enclosures intact) and at the
consumer buyer's sole expense.
30. If the Consumer Buyer fails to return the goods in accordance with
clause 28 within 7 days of the cancellation of the contract, the Company
shall be entitled to collect the goods from the consumer buyer and to
recover any reasonable costs involved in such collection from the consumer
buyer.
31. The Company shall then affect a refund of any monies owing to the
consumer buyer in respect of the goods within 30 days from the date of
cancellation or receipt of goods by the Company. Such a refund will be
subject to any set off of monies to which the Company is entitled under
clause 29.
32. Goods purchased and delivered to the buyer otherwise than by means
of distance communication (including a Trade buyer) may be returned to
the Company in original packaging (and without being installed or used
and with all relevant seals and enclosures intact) for credit within
7 days of receipt by the buyer, exluding all postage and packaging charges
(where postage and packaging is free, the actual cost of postage will
be excluded). Credit shall be subject to the buyer producing proof of
purchase and returning goods carriage paid. Special order goods shall
not be returnable by virtue of this clause.
33. The Trade Buyer shall indemnify the company against all actions,
claims, demands, penalties and cost brought by or incurred by third parties
or this company in tort, contract, infringements of or alleged infringements
of patents or registered designs or otherwise arising in connection with
the goods or their delivery or unloading or with work done by the company
in accordance with the buyers specifications.
34. The Buyer confirms that he shall comply with any or all rules and
instructions relating to installation and use of the product concerned
and fully accepts that any loss which results from forced, misdirected,
inappropriate or unqualified installation or use shall not be accepted
by the Company.
VAT
35. Tthe company is registered for Value Added Tax. The prices quoted shall be inclusive of VAT unless otherwise
expressed. The rate of VAT applied will be that set by English Law and is subject to change.
JURISDICTION
36. These terms and this agreement (including an agreement concluded
by means of distance communication) shall be interpreted in accordance
with English Law and industry custom and practice, and English and Welsh
courts shall have sole jurisdiction in respect of any dispute arising
therefrom.
© Copyright Performance 3000, 3 Kingfisher Close, Lynx Trading Estate,
Yeovil, Somerset, BA20 2PJ, United Kingdom. PRIVACY POLICY
We are committed to safeguarding the privacy of our website visitors;
this policy sets out how we will treat your personal information.
(1) What information do we collect?
We may collect, store and use the following kinds of personal data:
(a) information relating to any transactions carried out between you
and us on or in relation to this website, including information relating
to any purchases you make of our goods or services.
(b) information that you provide to us for the purpose of registering
with us such as your email address and your Performance 3000 password.
(c) any other information that you choose to send to us.
(d) We will not store any financial information you supply beyond the
point at which your order is complete.
(2) Using your personal data
Personal data submitted on this website will be used for the purposes
specified in this privacy policy or in relevant parts of the website.
We may use your personal information to:
(a) administer the website.
(b) enable your use of the services available on the website.
(c) send to you goods purchased via the website, and supply to you
services purchased via the website.
(d) send statements and invoices to you, and collect payments from
you.
(e) send you email notifications which you have specifically requested.
(f) deal with enquiries and complaints made by you relating to the
website, or our services and products.
(3) Disclosures
We may disclose information about you:
(a) to the extent that we are required to do so by law;
(b) in connection with any legal proceedings or prospective legal proceedings;
(4) Security of your personal data
We will take reasonable technical and organisational precautions to
prevent the loss, misuse or alteration of your personal information.
Your financial information (if supplied) will be destroyed securely
upon completion of your payment.
You are responsible for protecting your password, we will never ask
you for your password. Should the need arise for you to be reminded
of your password, you may contact us at any time within usual office
hours. We may ask for confirmation of your name and address before
releasing such information to you to ensure that we are releasing the
information to you, and not any other person.
(5) Your rights
You may instruct us to provide you with any personal information we
hold about you. Provision of such information may be subject to the
payment of a fee (currently fixed at £10.00).
(6) Third party websites
The website contains links to other websites. We are not responsible
for the privacy policies or practices of third party websites.
(7) Updating information
Please let us know if the personal information which we hold about
you needs to be corrected or updated.
(8) Contact
If you have any questions about this privacy policy or our treatment
of your personal data, please email us at dave@performance3000.com
or by post to Performance 3000 Ltd, 3 Kingfisher Close, Lynx Trading
Estate, Yeovil, Somerset, BA20 2PJ
(9) Data controller
The data controller responsible for our website is David Rowlandson,
Performance 3000 Ltd.
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