►Terms
and Conditions of Sale
1. General and Definitions
1.1 These terms (the "Terms") are the
only terms on which RacingLine Ltd, who trade as Volkswagen
Racing UK by whom this form is used (the "Company")
contracts with the customer as named overleaf (the
"Customer") and they shall govern the contract to the
exclusion of any other terms and conditions.
1.2 "Goods" means all goods, parts or
other things to be sold by the Company to the Customer
whether or not supplied in conjunction with Work.
1.3 "Work" means any work to be done by
the Company whether by the way of repairs, servicing,
fitting or otherwise.
1.4 The Customers will be deemed to have
accepted these Terms if he or his insurance company give
instructions or place orders by any means for Work to be
done or Goods to be supplied.
1.5 Any typographical, clerical, or other
error or omission in any estimate, order acceptance, invoice
or other document issued by the Company shall be subject to
correction without liability on the part or the Company.
2. Estimates and Prices
2.1 An estimate is a considered
approximation of the likely cost involved and is valid for
14 days from its despatch by the Company to the Customer. If
the Customer or his agent deposits a vehicle with the
Company for an estimate, a storage charge based on the
Company's current rates will be made to the Customer from
the 15th day after the despatch of the estimate by the
Company unless it is accepted by the Customer within 14 days
of such despatch or the vehicle is removed by the Customer
from the premises within that period.
2.2 Prices of Goods are those current at
the time of the estimate and the Company reserves the right
to increase such prices if the price to the Company is
increased between preparing the estimate and obtaining the
Goods.
2.3 Unless otherwise agreed in writing,
if it appears during progress of any Work that the estimate
will be exceeded by a significant amount the Company will
not continue the Work without further express permission (
written) from the Customer.
2.4 All prices are exclusive of any
applicable Value Added Tax.
3. Uncompleted Works
3.1 If for any reason Work requested by
the Customer is not carried out in full the Company will
charge reasonable amount for any Work actually done and the
then current price of any Goods supplied or fitted.
4. Variations
4.1 Any variation agreed between the
Company and the Customer in Work to be done or Goods to be
supplied shall be deemed to be an amendment to this contract
and shell not constitute a new contract.
4.2 No order which has been accepted by
the Company may be cancelled by the Customer, except with
the agreement of the Company and on terms that the Customer
indemnifies the Company in full against all loss (including
loss of profits), costs, damages, charges and expenses
incurred by the Company as a result of cancellation.
5. Time
5.1 The Company will use its best efforts
to do Work or supply Goods within any time period notified
to the Customer but time shall not be of the essence and the
Company will not be liable for delays.
6. Completion of Work and Payment
6.1 All Goods shall be paid for upon
delivery or in accordance with any credit terms agreed in
advance.
6.2 Work shall be deemed complete when
the Customer is so advised by the Company. The Customer will
pay the Company for all Work done and Goods supplied as well
as any storage charges before any vehicle may be removed
from the Company's premises.
6.3 If a vehicle is not collected by the
Customer within 7 days of the Customer being advised that
Work is complete the Company will charge for storage of the
vehicle at its current rates. The Company may sell the
vehicle if the Customer fails to pay any monies due to the
Company and collect the vehicle within 3 months of being
notified that the Work has been completed and of the
Company's intention to proceed to sell it. Upon any such
sale the Company shall pay the balance of the proceeds of
the sale to the Customer after deducting all monies due to
the Company (whether arising for the latest or an earlier
bailment) and all costs of sale.
6.4 Interest at the rate of 3 per cent
over Barclays Bank plc rate from time to time (both before
and after judgment) will be charged from the due date until
payment.
6.5 Please note that all credit/debit
cards are acceptable at RacingLine Limited, with the
exception of American Express (AMEX).
7. Retention of Title and Risk
7.1 Goods supplied by the Company shall
be at the Customers risk immediately on delivery to the
Customer or into custody on the Customers behalf and the
Customer should therefore be insured.
7.2 Property in the Goods supplied
hereunder will pass to the Customer when those goods and all
other Goods subject to any other contract between the
Company and the Customer which at the time of payment of the
full price of the Goods sold have been delivered to the
Customer but not paid in full, have been paid for in full.
7.3 Until full payment has been received
by the Company the Customer shall hold the goods supplied
hereunder in a fiduciary capacity for the Company in a
manner which enables them to be identified as the Goods of
the Company and the Customer shall immediately return those
goods to the Company should it so request. All the normal
incidents associated with a fiduciary relationship shall
apply.
7.4 The Customer's right to possession of
the Goods supplied hereunder shall cease if, not being a
Company he does anything or fails to do anything which would
entitle any person to present a petition if on bankruptcy on
being a Company, it does anything or fails to do anything
which would entitle an administrator or administrative
receiver to take possession of any assets or would entitle
any person to present a petition for winding up.
7.5 The Customer grants the Company an
irrevocable licence to enter at any time any vehicles or
premises owned or occupied by the Customer or in its
possession for the purpose of repossessing and removing any
goods supplied the property in which has remained in the
Company.
7.6 If any provision of this clause 7 or
any part thereof is held by any Court or other competent
authority to be void or unenforceable in whole or part, this
clause 7 shall continue to be valid as to the other
provisions thereof and the remainder of the affected
provision.
8. Delivery
8.1 Unless otherwise agreed in writing
delivery of Goods shall be ex the Company's premises.
9. Loss, Damage and Liability
9.1 The Company is only responsible for
loss of or damage to any vehicle or its accessories or
contents caused by the negligence of the Company or its
employees. Except in respect of death or personal injury,
the liability of the Company to the Customer for any direct
loss, damage, cost or expense shall be limited to £1,000,000
in respect of any one event or series of connected events.
The Customer is strongly advised to remove any items of
value not related to the vehicle and in respect of any loss
or damage not the responsibility of the Company must rely
upon his own insurance.
9.2 Except in respect of death or
personal injury caused by the Company's negligence, the
Company shall not be liable to the Customer by reason of any
representation or any implied warranty, condition or other
term or any duty at common law, or under there Terms for any
consequential loss or damage (whether for loss of profits or
otherwise), costs or expenses whatsoever (and whether caused
by the negligence of the Company, its employees, agents or
otherwise) arising out of or in connection with the supply
of Goods or the provision of the Works or their use or
re-sale by the Customer except as expressly stated in these
Terms.
9.3 The Company shall not be liable to
the Customer or be deemed to be in breach of contract by
reason of any delay in performing or any failure to perform
any of its obligations, if the delay or failure is due to
any cause beyond the Company's reasonable control.
10. Replaced Parts
10.1 All parts replaced during any Work
done, except those to be returned under warranty or service
exchange arrangements, will be retained by the Company until
the vehicle is collected. If the Customer does not
specifically ask to have such replaced parts when collecting
the vehicle, then they will become the property of the
Company to dispose of as it deems fit.
11. Returned Goods
11.1 Goods will be accepted back for
credit provided that the Customer returns the Goods ( in the
same condition as when supplied) within 5 working days of
delivery, the original invoice is produced, the Customer
pays the Company's current handling charges for returned
Goods and the Goods were not specifically ordered by the
Customer.
11.2 Save as above Goods will not be
accepted back by the company.
12. Sub-Contracting
12.1 The Company shall be entitled to
carry out its obligations under this contract by
sub-contractors but shall be responsible for the quality of
their work.
13. Health and Safety
13.1 The instructions for use, cautionary
notices and other technical notices and information as
supplied to the Customer with the Goods must be observed.
14. Notices and General
14.1 All written notices given by the
Company to the Customer shall take effect 24 hours after
being despatched in the normal course of post to the
Customers address shown overleaf, or immediately upon
delivery by hand.
14.2 No waiver by the Company of any
breach shall be considered as a waiver of any subsequent
breach of the same or any other provision.
14.3 This contract shall be governed by
the laws of England.
15. Warranties
15.1 The Company warrants that all
genuine parts will be free of defects in material or
workmanship for 12 months from sale by the Company. In
respect of any other parts fitted or other Goods, the
Company assigns to the Customer the benefits of the
applicable manufacturers warranty. The Company warrants its
work free of defects in workmanship for a period of 3 months
or 3,000 miles, whichever occurs sooner, from the date of
completion of the work.
15.2 The warranties in 15.1 above are in
addition to any other remedies the Customer may have under
the Contract.
15.3 No warranty will apply if and
to the extent that a defect is caused or worsened by one
or more of the following, namely
a. a failure to inform the Company of
the defect or to have it examined by the Company and a
failure to give the Company the opportunity to remedy it;
b. if the Goods have been subjected to
misuse, negligence or accident or used in a vehicle for
racing, rallying or similar sports;
c. the installation of a parts into
Goods, the use of which has not been approved by RacingLine
Ltd or the alteration of Goods in a manner not approved by
RacingLine Ltd;
d. non-adherence to instructions
concerning the treatment, maintenance and care of the Goods
or a failure to have the relevant vehicle serviced in
accordance with RacingLine Ltd recommendations or
e. the repair or maintenance of the
Goods by a person other than RacingLine Ltd or a person
authorised by RacingLine Ltd.
NOTHING CONTAINED
HEREIN SHALL AFFECT THE STATUTORY RIGHTS OF A CONSUMER
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