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N Lowe Limited
Trading as Roadrunner Motorsport
Consumer Standard Terms and Conditions of Sale
1. Definitions
1.1
'BUYER' means the person, firm or company who buys or agrees to buy
the Goods from the Seller for their own use i.e. the consumers.
1.2 'SELLER' means R N Lowe Limited trading as Roadrunner Motorsport
of 383 Nuthall Road, Aspley, Nottingham, England, NG8 5BU.
1.3 'CONDITIONS' means the Terms and Conditions of Sale set out in this
document and any special Terms and Conditions agreed in writing by a
Director of the Seller.
1.4 'GOODS' means the products which the Buyer agrees to buy from the
Seller.
1.5 'PRICE' means the price for the Goods as defined in clause 4 of
these Conditions.
Conditions
Applicable
2.1
These Conditions shall apply to all the contracts for the sale of Goods
by the Seller to the Buyer to the exclusion of all other terms and conditions
including any terms or conditions which the Buyer may purport to apply
under any purchase order confirmation of order or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer
to purchase Goods pursuant to these conditions.
2.3 A quotation by the Seller does not constitute an offer by the Seller
to supply Goods.
2.4 Quotations may be withdrawn by the Seller at any time and if not
withdrawn shall automatically lapse 14 days from the date of the quotation.
3.
The Goods
3.1
The quantity and description of the Goods shall be as specified by the
Buyer to the Seller who may from time to make changes to the specification
of items offered for sale to comply with any applicable safety or statutory
requirements or which do not materially affect the quality or fitness
of purpose of the Goods.
4.
Price
4.1
The Price quoted for despatch and delivery within the United Kingdom
shall include Value Added Tax and mainland delivery costs and will be
quoted to the Buyer as part of the Sellers' offer to sell the Goods
to the Buyer.
4.2 The Price quoted for Goods to be collected will include the price
of the Goods and United Kingdom VAT.
4.3 All prices quoted on Company promotional literature or website remain
subject to fluctuation until a firm quotation is provided in respect
of a specific request to purchase by the Buyer. All prices quoted are
valid only for the mainland of the United Kingdom. Prices for supply
to other destinations will be specifically quoted.
5.
Payment
5.1
Payment of the Price by the Buyer to the Seller must be completed before
any Goods are transferred or despatched.
5.2 Payment shall be made by cash, cheque guaranteed by an acceptable
bank card or an acceptable debit or credit card. Cheques not covered
by an acceptable bank card will be cleared before goods are released.
5.3 The property in the Goods shall not pass from the Seller to the
Buyer until cleared funds have been received into the Sellers chosen
bank account in full settlement of the Price.
5.4 Credit or debit card details will only be used for one transaction
and any subsequent expenses arising from that transaction under these
Conditions. Further transactions will necessitate the Buyer providing
such details again.
5.5 Debit and credit cards may not be debited until the day Goods are
despatched unless otherwise agreed.
5.6 If the Goods or part of them are a special production for the Buyer,
payment will be required in full by the Buyer before the Goods are ordered
by the Seller.
6.
Delivery of the Goods
6.1
Goods in stock will usually be despatched within 48 hours of acceptance
of order by the Seller and payment received. Where Goods require special
order or where delivery is awaited by the Seller the expected delay
before despatch will be notified to the Buyer.
6.2 The Goods will be despatched to the address provided by the Buyer
who must ensure that the Goods can be received at that address by an
adult authorised to sign for those Goods. When payment for the Goods
is by debit or credit card the address of the cardholder is the only
acceptable address for delivery.
6.3 Delivery times are beyond the control of the Seller. Any delivery
time given is an indication and does not form part of the contract for
supply of the Goods. Delivery may be made up to 6 pm.
6.4 The Buyer is expected to inspect Goods on receipt and to report
any damage or discrepancies within 48 hours of delivery. In the event
of damage or other complaint the Buyer shall return the Goods in the
condition in which they were delivered including all original documentation,
packaging and accessories, as well as a copy of the original invoice.
7.
Warranties and Liabilities
7.1
Liability for the Goods passes to the Buyer when the Buyer has taken
possession of them and shall be deemed to occur when either the carriers
delivery note or the carrier is signed or the Buyer collects Goods direct
from the Seller.
7.2 The Seller accepts no responsibility for failure by the Buyer to
correctly fit any Goods or for any consequential loss that may arise
therefrom.
7.3 Many products are subject to manufacturers warranties. In some cases
products returned as defective may be returned to the manufacturer for
their confirmation as to the acceptance of any complaint. The Seller
will take all steps to expedite such investigations and notify the Buyer
as quickly as possible as to the Sellers decision after taking such
advice. The Buyers' statutory rights will not be affected.
7.4 Where a warranty claim is made in respect of Goods that have been
fitted to a vehicle ('Warranty Goods') the following exchange procedure
is available to the Buyer:
7.4.1 The Seller reserves the right to charge for the supply and delivery
of replacement parts
7.4.2 The Buyer may purchase replacement Goods from the Seller at the
price current at that time.
7.4.3 The Warranty Goods will be returned to the Seller by the Buyer
after the replacement parts have been received by the Buyer, such return
to be at the expense of the Buyer
7.4.4 The Seller will assess the claim under the provisions of clause
7.3 hereof and if the claim is upheld by the Seller and the manufacturer
of the Goods then the Seller will refund to the Buyer the cost of the
replacement Goods
7.5 Any manufacturers warranty period will apply from the date of invoice
irrespective of any later replacement of the Goods.
8.
Title to the Goods
8.1
Property and the Goods shall not pass from the Seller to the Buyer until
the Buyer shall have paid the price plus VAT and carriage in full.
8.2 If payment of the price by the Buyer shall fail for any reason the
Seller may recall the Goods if in transit. Any liabilities to the carrier
that the Seller incurs should all be the responsibility of the Buyer.
9.
Force Majeure
9.1
If supply or delivery of the Goods is delayed by any cause beyond the
control of the Seller then the delivery terms advised at the time of
order will be extended to take into account such delay. If the delay
beyond the advised delivery times exceeds 7 days then the Seller will
notify the Buyer and re-advise anticipated delivery times.
10.
Refunds
10.1
The Buyer of Goods through the use of a means of distance communication
shall be entitled to return the Goods in their original condition within
7 days of receipt of delivery of the Goods and the Seller shall reimburse
the price less the direct cost of recovering the Goods supplied.
10.2 No refunds shall be repayable under 10.1 hereof if the Goods have
been modified or damaged or if more than 7 working days have expired
after the day of delivery to the Buyer before notice of cancellation
was given to the Seller.
10.3 All approved refunds will be instigated within 7 days of receipt
of the Goods by the Seller and any refund may be made by way of reverse
of the original payment method. 10.4 The return of any Goods to which
the Consumer Protection (Distance Selling) Regulations 2000 do not apply
and which are not returned under Clause 7 hereof shall be accepted at
the discretion of the Seller and only on the basis that;
10.4.1 all the costs of return of such Goods to the Seller are paid
by the Buyer and;
10.4.2 that a handling charge of 35% of the Price will be payable by
the Buyer
10.4.3 any refund may be made in the form of the original payment less
any deductions due under clause 10 hereof.
10.5 Any Goods returned to the Seller that remain uncollected by the
Buyer 30 days after the Seller has requested the Buyer to collect them
will be disposed of and the Buyer shall thereafter have no claim in
respect of such Goods against the Seller in respect of those Goods.
11.
Goods Promotions
11.1
Any promotion relating to goods is subject to availability and in no
way constitutes an offer by the Seller to supply those goods at the
price stated
11.2 No goods are supplied on a trial basis.
12.
Jurisdiction
12.1
All contracts under these Conditions are subject to the law of England
and Wales.
12.2 All disputes arising from any contract under these Conditions shall
be subject to the jurisdiction of the courts of England and Wales.
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