Terms and Conditions

P J Motorsport T/As Xtec Engineering

Terms and Conditions of Sale

1.       Definitions & Interpretation

1.1.    In these Conditions, the following words shall have the following meanings;

1.1.1. “Customer” means the person(s), firm or company who purchases the Goods and / or Services from the Seller.

1.1.2. “Seller” means P J Motorsport T/As Xtec Engineering, Unit 10 Empire Close, Empire Industrial Park, Aldridge, Walsall, West Midlands, WS9 8UQ.

1.1.3. “Contract” means the contract between the Seller and the Customer for the sale and purchase of the Goods and / or Services incorporating these conditions.

1.1.4. “Goods” means any goods agreed in the Contract to be supplied to the Customer by the Seller (including any part or parts of them).

1.1.5. “Services” means any Service agreed in the Contract to be supplied to the Customer by the Seller.

1.2.    In these Conditions, references to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.

1.3.    In these conditions, headings will not affect the construction of these conditions.

2.       Application of Terms

2.1.    The contract will be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions the customer purports to apply under any purchase order, confirmation of order, specification or other document)

2.2.    The Seller will issue and estimate in view to parts and services required. The Customer will be required to acknowledge the estimate in writing.

2.3.    All parts will be inspected and a review of the work required will be completed. This is to be at the expense of the Customer.

2.4.    The seller will then issue a quote valid for 14 days unless otherwise specified. The quote for parts and labour can vary up to 15% of the original quote without referral to the Customer. Should the variance be over 15% then the seller will inform the Customer by issuing a revised quotation. The Customer will be required to acknowledge the revised amount in writing.

3.       Price and Payment

3.1.    The Seller may increase its prices at any time to take into account any increase in cost due to the following;

3.1.1.  Any factor beyond the control of the Seller such as fluctuations in currency exchange, alteration of duties, significant increases in the cost of labour, materials or other costs of manufacture.

3.1.2.  Any change in specification, quantity, delivery date or any other change requested by the Customer.

3.2.    Payment of the price for the Goods and / or Services is due on the date on invoice unless otherwise agreed.

3.3.    If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to charge interest at a rate of 2.5% over the Natwest  base lending rate, accruing on a daily basis until payment has been made.

3.4.    If any payment is in arrears, then the Seller shall have the right without prejudice to its other rights (both before and after any judgement) to suspend deliveries until payment is received whether such deliveries are part of the same order or other order or not in addition to and without prejudice to any other right open to the Seller.

3.5.    All payments to be made in Pounds Sterling.

4.       Description

4.1.    All drawings, photographs, descriptive matter, specifications and advertising issued by the Seller and any descriptions or illustrations contained in the Sellers catalogue, brochures or internet site, are issued or published for the sole purpose of giving an approximate idea of the Goods and Services described in them. They will not form part of the contract and remain the property of the Seller unless otherwise agreed in writing.

5.       Delivery

5.1.    The Seller will hold the goods and / or Services ordered by the buyer available for collection from Monday to Friday from 09.00 to 17.00 excluding any statutory holidays. Collections outside of these times will be by arrangement only and may incur a charge.

5.2.    Any dates specified by the Seller for delivery are intended to be an estimate and time of delivery shall not be of the essence of the contract. The Seller will not be liable for failure to deliver on any specified date or within any time period whatsoever.  If no dates are specified, delivery shall be within a reasonable time.

5.3.    Where the contract calls for delivery in instalments, each instalment shall be regarded as a separate contract and any defects in any instalment or failure to deliver an instalment shall not give the Customer the right to cancel the balance of deliveries due under this or any other contracts between the parties.

5.4.    If the Customer fails to take delivery of the Goods as specified, the Seller will not be bound to tender or re-tender the Goods but the Seller shall have the right;

5.4.1. To invoice such goods including costs of non acceptance for immediate payment.

5.4.2. To sell the Goods elsewhere and recover any difference in price from the Customer.

5.4.3.  To make a reasonable storage charge for Goods remaining on the Sellers premises longer than one month.

6.       Storage

6.1.    Property of the Customer deposited with the Seller will be stored without cost in so far that work is being carried out. Should the work be completed or cease for whatever reason and the property remains on the Sellers premises for longer than one month, the seller reserves the right to levy storage charge.

7.       Risk / Title

7.1.    Goods and/or Services supplied for motor racing purposes are short lived high performance products, no warranty is given or implied. The use of parts supplied and/or fitted by the Seller is at the risk of the Customer.

7.2.    The Goods and / or Services are at the risk of the Customer from time of delivery.

7.3.    Ownership of the Goods shall not pass to the Customer until the Seller has received in full (cash or cleared funds) all payments due in respect of the Goods and/or Services.

7.4.    All property of the Customer deposited with the Seller remains at the risk of the Customer for insurance purposes unless agreed in writing by the Customer.

8.       Liability

8.1.    If the Goods delivered are alleged to be damaged or defective or the delivery is of an incorrect quality, the Seller shall have no liability to the Customer unless the Customer notifies the Seller in writing of the problem within 10 working days of delivery.

8.2.    If the Customer does not receive the Goods ordered by it within 30 days of the date of the order, then the Seller shall have no liability to the Customer unless the Customer notifies the Seller of the problem within 40 days of the date of the of the order.

8.3.    If the Customer notifies a problem to the Seller under Condition 7.1. or 7.2., the Seller’s sole and exclusive obligation will be, at the the Customers option:

To make good any shortage or non delivery; or

To replace or repair any Goods that are damaged or defective; or

To refund the Customer the amount paid by the Customer for the Goods in whatever way the Seller chooses

8.4.    Save as precluded by law, the Seller will not be liable to the Customer for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising under or in connection with the Contract and the Seller shall have no liability to pay any money to the Customer by way of compensation other than to refund to the Customer the amount paid by the Customer for the Goods under Condition 7.3.

8.5.    The Customer must observe and comply with all the applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase the Goods from the Seller. The Seller makes no representation and accepts no liability in respect of the export or import of the Goods.

8.6.    Notwithstanding the foregoing, nothing in these Conditions is intended to limit any rights the Customer might have as a consumer under applicable local law or other statutory rights that may not be excluded, nor in any way to exclude or limit the Seller’s negligence.

9.       Force Majeure

9.1.    Notwithstanding any other provisions hereof,  should the manufacture, processing, supply or despatch of the whole or and part or the Goods and/or Services contracted for be prevented or hindered by any cause or causes beyond the Sellers control, the Seller shall be entitled to either cancel the whole or part of the contract or suspend deliveries under the contract. The Seller shall have no liability to the Customer whatsoever in the event of such cancellation or suspension. Without  limiting the generality of the cause or causes referred to above, the same shall include war strikes, lock-outs and other industrial disputes (whether affecting the Seller’s works or those of supply contractors or carriers), breakdown of systems or network access, flood, fire, explosion or accident. The seller will not be liable for non-delivery or delay in delivery caused by such events.

10.   Notices

10.1.Unless otherwise expressly stated in these conditions, all notices from the Customer to the Seller must be in writing and sent recorded delivery to the Seller at Unit 10, Empire Close, Empire Industrial Park, Aldridge, Walsall, West Midlands. WS9 8UQ

11.   Invalidity

11.1. If any of these conditions (or any part of these conditions)is unenforceable (including any provision in which the Seller excludes it’s liability to the buyer) the enforceability of the remaining Conditions (or remaining part of any condition) will not be affected

12.   Third Party Rights

12.1.Notwithstanding any other provision of the Contract, nothing in the Contract confers or purports to confer any right to enforce any of its terms on any person who is not party to it.

13.   Governing Law

13.1.The Contract shall be governed by and interpreted in accordance with English Law and the English courts shall have Jurisdiction to resolve any disputes between Seller and Customer.

14.   Entire Agreement

14.1. The Contract sets out the entire agreement between Seller and Customer. Nothing said by any sales person on behalf of the Seller should be understood as a variation of the Contract or as an authorised representation about the nature and the quality of the goods. Save for fraud or fraudulent misrepresentation, the Seller shall have no liability for any such representation being untrue or misleading.

14.2. No variation of or amendment to the Contract shall bind either party unless made in writing and signed by the authorised representatives of both parties.