Terms & Conditions
1. Any reference to Company/Seller/We/Us shall mean Just Performance (“the Company”) United Kingdom who sell or supply specialist 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 which appear in the sales invoice/order form. These will include all successors, heirs and assigns. It is agreed that a Buyer shall mean a Trade Buyer where the Buyer purchases in the course of a trade, profession, vocation or sport (where the Buyer is a specialist or enthusiast). Statutory rights shall remain unaffected where a person deals entirely as a consumer. Where the term Buyer appears within these Terms and Conditions, 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 as detailed in the appropriate section of the sales/order form shall form a core term of this Agreement. All additional parts, connecting components or ancillary items which are not detailed in the sales/order form, shall be annexed to this Agreement.
4. Price shall mean the consideration due for purchase. Purchasers should note that prices quoted may vary (upward or downward) and prices are quoted at the time of order subject to the current exchange rate.
5. Orders placed via the internet shall be mere offers to purchase and shall not be regarded as acceptance or binding upon the Company until formally confirmed or acknowledged in writing by the Company by means of invoice or statement confirming acceptance of your order or by despatch of goods to you. Order acknowledgement sent by the Company subsequent to the order and payment, without written confirmation or despatch, shall not deem as confirmation of order. A refund, without interest, will be made if the goods ordered become unavailable, the price of goods varies or an error and omission is made by the Company in the price, description or for some other reasons. The refund is usually by means of the method you made payment to the Company.
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, website information and samples on display are for indicative purposes only where specifications, weights, measurements and technical data (whether relating to performance or otherwise) prepared by manufacturers are for guidance purposes only. Additionally, parts or components illustrated or described in brochures or websites are for illustration purposes only and may vary in size, specification and colour. Appropriateness of fitment is dependent upon the make and model of your vehicle. Buyers should therefore check carefully the current specification, colour, weight and measurement with manufacturers or the Company, before placing an order. In order to improve the performance of the products or where amendment becomes necessary, manufacturers also allow tolerances within the manufacturer and also reserve the right to modify specifications without notice. However, the Company shall endeavour to inform the Purchaser of any such amendments or changes as soon as possible.
9. The Company reserves the right to amend technical or clerical errors in any order without notice. In addition, the Buyer shall ensure the correctness of all details contained in the order prior to submission to the Company. The Company shall accept no liability if any error or inaccuracy is found in the order subsequent to delivery unless error is reported to the Company within seven days of delivery/receipt of any document containing the said error.
GUARANTEES / WARRANTS
10. All guarantees for products are provided wholly by the manufacturers/UK importers and are subject to the Terms and Conditions contained therein. Purchasers should complete and return all warranty cards/documents upon receipt of goods where appropriate.
11. Please note that the warranty is only valid when the warranty card is properly completed and submitted.
12. Warranty repairs must be carried out by authorized service centre of the manufacturer. No reimbursement will be made for repairs carried out by non dealer of the manufacturer.
13. Warranty is only limited to defects due to normal wear and tear. The Warranty is not applicable to abuse or misuse, incorrect installation, accidents, Acts of God or any causes beyond the control of the manufacturer and/or the Company caused by but not limited to lightning, water, fire, public disturbances and improper use.
14. Most of our in car media products are covered by manufacturer warranty as follows:
Ø 1-year warranty on product if installed by a VAT garage, 6 months for self-installed units.
Ø 1st 6 months free replacement and repair on faulty electronic parts
Ø 2nd 6 months free labour charges. Costs of parts such as user perishable external components e.g. IPod lead, usb lead will be responsible by the customer. Replacements may be carried out with reconditioned stock
Ø Please email Customer Service at email@example.com to confirm warranty terms for specific products.
15. Most of our exhausts products are covered by lifetime warranty by manufacturer. Please email Customer Service at firstname.lastname@example.org to confirm warranty terms for specific products.
16. All of our Xenon Hid Kits & LED bulbs are covered by 1-year warranty by the manufacturer. Please note that the standard 1 year warranty terms only apply to hid kits for normal uses - such as dipped beam. Using hid kits with any auto features outside the HID manufacturer's specs such as auto lights, welcome lights, parking lights will shorten the warranty to 4 months.
There is no warranty on hid kits used as high beams, as high beam is used for flashing, hid kits requires 10 secs to warm up, and will shorten the lifespan of the resistors for inappropriate uses.
LIMITATIONS UPON LIABILITY
17. All advices given by agents or staff of this Company through telephone/internet is for indicative purposes only, as they are based entirely upon information given by the Purchaser without verification undertaken. Where advice is given after visual inspection by agents or staff of this Company, such advice shall deem as 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 the Company for such alternative use, amendment or modification.
18. 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.
19. 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. We reserve the right to levy a charge for the goods returned with damaged or defaced packaging and refuse refund if the product is received in unsalable condition.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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).
26. 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 borne the Buyers.
27. Unless otherwise stipulated within the sales invoice/order form, all accounts are payable with order or otherwise in accordance with the terms of the Trade Buyer's credit account. Where default occurs in payment by the Trade Buyer, default interest shall become payable in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 at the maximum rate permissible thereunder or in accordance with the credit terms agreed or, where the Buyer is a Consumer, at 2% above the base rate of the National Westminster Bank PLC
28. Please remember; it is your responsibility to ensure that the items purchased are suitable for your vehicle make/model and that the use of said items complies with all applicable laws in your Country. Please note that under UK regulations HID kits are not yet approved road legal, this is because HID kits are not e-marked approved in their entirety. Please be aware that De-cat and Sports Cat Exhaust Systems are also not yet approved for road use. Until UK regulations are changed or updated, our HID kits, De-cat and Sports Cat Exhaust Systems are sold for off-road and show use only.
TITLE AND DELIVERY
29. 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.
30. 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. 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 dispatch 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.
31. 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 intact in the event of a claim or return within the terms of this Agreement.
32. 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
33. You may cancel your order with the Company at any stage before the goods are dispatched to you. However we reserve the right to levy a charge for any expenses incurred in the processing of your order. If you wish to cancel your order, please email us at email@example.com.
34. Clauses 34, 35, 36 and 37 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.
35. 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.
36. If a Written Notice of Cancellation is received by the Company in accordance with Clause 34 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 intact (and without having been installed or used and with all relevant seals and enclosures intact) and at the Consumer Buyer's sole expense.
37. If the Consumer Buyer fails to return the goods in accordance with Clause 35 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.
38. The Company shall then issue 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 36.
39. 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 intact (and without being installed or used and with all relevant seals and enclosures intact) for credit within 7 days of receipt by the buyer, subject to a restocking charge of not less than 10% of the value of the order. 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.
40. 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 Buyer’s specifications.
41. 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.
LAW AND JURISDICTION
42. 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.
43. These Terms and Conditions and the relationship between you and the Company shall be governed by and construed in accordance with the Law of England and Wales and Just Performance and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
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