1 Definitions In this document the following meanings apply:
- 1.1 Customer shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
- 1.2 Customer means any person who purchases Goods and Services from the Supplier.
- 1.3 Goods means the articles specified in the Proposal;
- 1.4 Proposal means a statement of work, verbal quotation or similar documents describing the Goods and Services to be provided by the supplier;
- 1.5 Services means the services specified in the proposal
- 1.6 Supplier means Performance Powertrain Solutions Ltd of 72-82 Belgrave Road, Southampton, SO17 3AN.
- 1.7 Manufacturer means the manufacturer of the goods sold.
- 1.8 Terms and Conditions means the terms and conditions of supply set out in the document and any special terms and conditions agreed in writing by the supplier.
- 1.9 Tuning means goods or services which may increase horsepower, torque or any other aspect of vehicle performance
- 2.1 These Terms and Conditions shall apply to all contracts and the supply of Goods and Services to the Customer and shall prevail over any other documentation or communication from the Customer.
- 2.2 Any variation to the Terms and Conditions shall be inapplicable unless agreed in writing by the supplier.
- 2.3 Nothing in these Terms and conditions shall prejudice and condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Service, by virtue of an statute, law or regulation.
- 2.4 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Customer.
3 Warranty & claims
- 3.1 For any aftermarket / upgrade parts the warranty lies with the manufacturer and in most cases, there is no warranty other than for manufacturing defects.
- 3.2 The supplier does not imply any warranty for parts which are not supplied or fitted by the supplier.
- 3.3 In all warranty cases the manufacturer and the supplier are not liable for any labour cost claims, carriage, vehicle hire, loss of earning,
- 3.4 In the event of a warranty claim, the supplier will require the item to be returned by the customer in order to inspect or to send onto the manufacturer to follow their claims procedure. If the customer requires a replacement goods to ensure their vehicle is not off the road for a prolonged period, the supplier reserves the right to charge the customer for the replacement item. Upon a successful claim, this charge would be refunded. If the claim is not upheld, the supplier will return the customers goods to them in the condition they were sent or in a condition which was necessary to undertake the warranty claim and no refund will be made.
- 3.5 Warranty claims for goods must apply for an RMA number.
- 3.6 If it is possible to claim labour costs from the manufacturer the maximum paid to the customer is £30 + VAT per hour at book time from Autodata
- 3.7 Warranty exclusions
- 3.7.1 Damage caused by your failure to take all reasonable steps to prevent mechanical damage from occurring, for example, using non premium fuel, not warming vehicle up to operating temperature before medium-high load, not taking appropriate action in the event of a warning light appearing.
- 3.7.2 Issues or any damages caused by improper installation..
- 3.7.3 Damage or defects caused by not having the vehicle serviced in accordance with the manufacturer’s or the supplier’s recommendations.
- 3.7.4 Damage or defects caused by improper use of the vehicle, neglect, or use of the vehicle for motorsport activities.
- 3.7.5 Accident damage.
- 3.7.6 Anything which is noted in the proposal.
- 3.7.7 Anything which is tuning.
- 3.7.8 Any motorsport activities or activities related to
- 4.1 The supplier reserves the right to request a deposit at the time of booking an appointment in the workshop or for special order goods. This deposit is non-refundable unless the supplier cancels your appointment or order.
- 4.2 If the customer pays a deposit and does not attend an appointment, this deposit will not be refunded or returned to the customer.
- 4.3 Refunds for the deposit are made at the sole discretion of the supplier.
- 4.4 If the customer delivers their vehicle to the workshop for work to be carried out and the vehicle is not in a fit state, road worthy condition or arrives late without prior notice the deposit will be lost.
- 4.5 If the customer will not be attending an appointment or would like to cancel special order parts, they must notify the supplier immediately.
- 4.6 In some circumstances it may be possible for a cancellation of the order or movement of the appointment date.
- 4.7 The customer accepts that if the customer cancels the order of goods or services and a deposit has been paid for special order, made to order or custom goods or services the customer, the deposit will not be refunded.
5 Vehicle drop-off
- 5.1 The supplier retains the right to refuse any work if the customer presents a vehicle which is not in road worthy condition for example tyres in poor condition, expired road tax, faults present etc with the loss of any deposits paid.
- 5.2 Cars that are not in a fit state for tuning work will also be refused. The supplier expects that the customers car is in perfect health before any work is undertaken. Any deposit will be lost in this instance.
- 5.3 The customer should notify the supplier prior to the booking if there are concerns regarding the cars health, the supplier can then ensure the correct staff and goods are available to repair prior to working on the vehicle.
- 5.4 The customer must arrive a minimum of 15-30 minutes before their appointment time. Customers who do not arrive on time accept that the collection of their vehicle may be delayed and must have arrangements in place for alternative transportation if this goes beyond the normal working ours.
- 5.5 Any additional work requested by the customer outside of the agreed proposal / specification should be disclosed and agreed prior to vehicle drop-off.
- 5.6 Additional goods and services not included as part of the initial booking may incur extra charges and will only be started providing the supplier has enough time to complete the job without affecting other appointments in the diary.
- 5.7 On occasions additional goods and services may be required to complete the schedule of work detailed in the proposal, the consumer agrees to cover all these costs.
- 5.8 Customers who would like to wait with their vehicle must stay in the reception area or front forecourt and must not at any time interfere with the technicians or enter into the workshop, dyno or any other prohibited areas. Failing to do so will result in the supplier refusing to carry out the service or supply goods and a loss of deposit.
- 5.9 Customers must inform the supplier of any previous work carried out on the vehicle by themselves or a different supplier which may in any way impact on the services or goods sold by the supplier.
- 5.10 Customers must notify the supplier of any audio and visual recording equipment fitted to their vehicle and the customer must remove this equipment prior to their appointment. The supplier reserves the right to refuse the goods or services to be carried out on their vehicle and if any deposit is placed this will be lost. The supplier also reserves the right to remove this equipment, remove power supplies and remove memory cards for the customer to re-install in their own time and cost.
- 5.11 If customers do not wish for the supplier to capture photos, audio or videos of their vehicle for use on any of their paid or owned media the consumer must state in writing to the supplier prior to their appointment. The supplier will not be held liable for any issues or damages caused by using these photos, audio or videos, with or without the consumers approval.
- 5.12 If the customer does not state to the supplier prior to or during their appointment that they do not give permission to the supplier to capture photos, audio or videos of their vehicle to use indefinitely on their paid or owned media, the customer agrees not to revoke permission retrospectively
- 5.13 The supplier will not be held liable for any issues or damages caused by using any photos, audio or videos captured with or with or without the customers permission.
6 Vehicle collection & aftersales
- 6.1 Customers are advised to take an extended test drive in the local area before setting off home with arrangements in place for alternative transport should problems be present with the vehicle or goods and services supplied by the supplier.
- 6.2 Recovery and breakdown cover must be held by the customer and the level of cover must allow recovery to the suppliers location.
- 6.3 The supplier does not offer a mobile service nor can the supplier collect cars free of charge should any problem occur.
- 6.4 The customers vehicles are expected to have service intervals proportional to the power increase, for example, double the horsepower, halfthe service interval in time and mileage.
- 6.5 Customers are expected to have a certain level of mechanical sympathy; medium-high loads when cold or hot can cause excessive wear onengine parts and lead to failure.
- 6.6 The supplier does not guarantee any figures quoted. All power, torque, ride height, lap times or any other numbers recorded as a result of thesuppliers sale of goods and services may be different to what is quoted.
- 6.7 The supplier has limited space inside the workshop to store vehicles and limited space in the forecourt. Vehicles left in the supplier’s care areleft completely at the customer and owners risk. During peak times, vehicles may be left on the main road.
- 6.8 Once the supplier notifies the customer that their vehicle is ready for collection, the customer accepts that they will collect the vehicle within 5 working days. For every day the customers vehicle is at the suppliers location, there will be a charge of £20 per day until collected.
- 7.1 It is the customers responsibility to ensure they comply with all emissions laws and regulations relating to their vehicle. The supplier accepts no responsibility for the supply of goods and services which impact on the emissions control devices.
- 7.2 The goods and services supplied by the supplier to the customer may impact on the emissions of the vehicle in such a way that the vehicle no longer complies with emission laws and regulations. The customer accepts all consequences and damages which apply and absolve the supplier of all responsibility.
- 8.1 The customer accepts that enhancing the performance of a vehicle through tuning goods or services will increase the stresses and wear placed onto and are not limited to the vehicle’s engine, ancillary parts, components and drivetrain.
- 8.2 The consumer agrees to absolve the supplier of any responsibility for damages or consequential losses relating to the supply of goods or services. This includes and is not limited to engine failure, component failure or any other failures or losses.
9 The Order
- 9.1 The Proposal attached to these Terms and Conditions shall remain valid for a period of 7 days.
- 9.2 The Customer shall be deemed to have accepted the Proposal by placing an order with the Supplier (the Order) within the period specified inclause 9.1.
- 9.3 All Orders for Goods and Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
- 9.4 All workshop bookings are subject to a non-refundable deposit taken at the time of booking.
10 Custom Tuning
- 10.1 The customer accepts that products or services in the proposal described as ‘custom’ are not eligible for returns or refunds.
11 Price and Payment
- 11.1 The price for the Goods and Services is as specified in the Proposal and is inclusive of VAT and any applicable charges unless otherwise stated in the Proposal, subject to further work being carried our wherein the Customer shall be notified before commencement.
- 11.2 Payment of the price shall be in the manner specified in the Proposal.
- 11.3 If the Customer fails to make any payment within 30 days of it becoming due, the Supplier shall be entitled to charge interest at the rate of 2%per month, above the bank base rate on the outstanding amounts.
- 11.4 If after the 30 day period the amount remains outstanding, the Supplier may sell the vehicle, upon such a sale the Supplier shall pay thebalance of the proceeds to the Customer after deducting all the unpaid charges/interest and disposal costs.
- 11.5 Payment for orders placed must be received in fully cleared funds before the Supplier can release the Customer’s goods, vehicle and property. If any cheques drawn by or on behalf of the Customer are dishonoured by the drawer’s bank, the Customer is subject to anadministration charge of £25.00 payable by the customer.
- 11.6 If the customer vehicle requires additional goods and services outside of the original proposal the customer agrees to pay for the goods and services in full immediately upon presentation of a sales order or invoice from the supplier.
- 11.7 The supplier reserves the right to refund the customer if the payment method is considered by the supplier to not be secure. This could be and not limited to failure to verify address.
- 12.1 The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods.
- 12.2 All risks in the Goods shall pass to the Customer upon Delivery.
- 13.1 Title in the Goods shall not pass to the customer until the Supplier has been paid in full for the Goods.
14 Customers Obligations To enable the Supplier to perform it obligations’ the customer shall:
- 14.1 Co-operate with the Supplier.
- 14.2 Provide the supplier with any information reasonably required by the supplier;
- 14.3 Obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of whichshall be the sole responsibility of the Customer; and
- 14.4 Comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
- 14.5 Respond to any communications from the supplier within one working day. Any delays in customer communication may result in delays and the customer accepts these delays
- 14.6 If the customer's vehicle is at the suppliers place of business the customer must retain insurance, road tax and MOT.
15 Supplier Obligation
- 15.1 The Supplier warranties that the Goods will at the time of delivery correspond to the description given by the supplier.
- 15.2 The Supplier shall perform the Services with reasonable skill and card and to a reasonable standard in accordance with recognised standardsand codes of practice.
- 15.3 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure thatany materials supplied shall be free of defects.
- 15.4 In addition to the customer’s statutory rights, the Supplier guarantees and Goods against faulty workmanship and materials for a period of 3months from the date of completion, in accordance with the correct maintenance and servicing of these elements.
16 Cancellations and Refunds
- 16.1 Where the Goods are faulty or do not comply with any of the contract, the customer must notify within 14 days of delivery and the customer shall be entitled to replace Goods or a full refund.
- 16.2 The customer must furnish the supplier with all of the information necessary to review the cancellation or refund request.
- 16.3 The customer may cancel an Order by notifying the Supplier in writing at the address above with 14 days of placing an order and any deposit will be refunded in full unless it is a specially ordered item whereupon a refund will not be applicable.
- 16.4 If the customer fails to cancel the order within the time specified in the Clause 9.2 any deposit paid may not be returnable.
- 16.5 Any agreed returned Goods must be notified to the Supplier within 14 days of receipt, consigned 'carriage paid' by the customer and accompanied by a copy of the original invoice stating the reason for return. A restocking charge of 15% will be imposed on any agreed returned goods. All original carriage costs will remain payable by the customer.
- 16.6 All returned Goods must be accompanied with a returns number issued at the time of notification of return.
- 16.7 All retuned Goods must be received Verkline UK within 28 days of delivery.
17 Limitation of Liability
- 17.1 Nothing in these terms and conditions shall exclude or limit the liability of the supplier for death or personal injury, however the supplier shall not be liable for any direct loss or damage suffered by the customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
- 17.2 The Supplier shall not be liable under any Circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the customer howsoever cause, as a result of any negligence, breach of contract misrepresentation or otherwise.
- 17.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of failure to compete the Services by an agreed completion date.
- 17.4 In a case of whereby Customer insists on collecting the vehicle prior to completion of the vehicle road testing phase, the Supplier shall become free from all liabilities arising from that proposal.
- 17.5 In a case whereby the Customer has advisories and recommendations on the invoice which could result in issues or damages, the supplier shall become free from all liabilities arising from that proposal.
18 Force Majeure
- 18.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but limited acts of god, strikes, lock outs, accidents, ware, fire, breakdown of plant or machinery or shortage or raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
- 19.1 If any terms or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provision hereof shall continue in full force and effect as if these Terms and conditions had bee agreed with the invalid, illegal or unenforceable provision eliminated.
20 Governing Law
- 20.1 These Terms and Conditions shall be governed by and construed in accordance with the law of the United Kingdom and the parties hereby submit to the exclusive jurisdiction of the British courts.