High Performance Products Terms & Conditions of Sale
All sales made by us are subject to these standard terms & conditions,
except where agreed otherwise in writing. We do endeavour to offer the
best possible service so if you have a problem with a product please
contact us immediately so that we can try to rectify it as soon as
possible!
DEFINITIONS : "Our" and "Us" refers to the seller (vendor) whose trading
style appears on your order and invoice. "You" and "Your" refers to the
original company, organisation or individual who purchases goods and/or
services directly from us. "Reseller" refers to any person or company
who purchases items for resale onto a third party. "Consumer" refers to
any person who is acting for purposes which are outside his trade,
business or profession. In all cases, for 'he' read 'he or she".
YOUR RIGHTS. You and we are protected by statutory (legal) rights,
according to the laws of England and Wales or any European Legislation
which applies in England. Where statutory legislation exists, or new
legislation comes into force, your and our statutory rights are not
affected by anything within these terms, and those rights take
precedence over these terms. Where any part of these terms is
over-ridden by legislation, all other terms still apply. Any order
placed with us is subject to acceptance.
1. PRICE : High Performance Products are not VAT registered, therefore
all prices quoted have no VAT charged. Unless explicitly requested,
method of carriage will be at our discretion. Any costs omitted or
corrections on your invoice will be invoiced/credited/charged later. You
must notify us promptly if you are not billed the correct amount and we
will correct the error. In the case of credit/debit card orders, should
the full amount not be charged immediately, the balance is payable by
you on demand. All advertised/advised/published pricing is subject to
change at any time without notice due to market/currency fluctuations
and other factors. If a price has risen, we will advise you before
proceeding with an order if you have specified a different price on your
order.
2. ONLINE ORDERING : Where an order is placed online (though our web
site or other electronic means) the order confirmations issued or the
charging of your credit/debit card do not indicate or confirm acceptance
of your order by us. An order has only been accepted by us once it has
been verified by our order processing department. If there is any query
or discrepancy, it will be checked before processing further or
accepting the order. Where a technology failure or other error causes
the online order to be submitted erroneously (i.e. contrary to our
current pricing/policies) such orders shall not be binding. Where a
discount or other incentive is offered for online orders, that shall not
apply when your order is made by other means. Any entitlement to special
offers or other discount must also be stated at the time of ordering.
Discounts are not applied retrospectively so please be sure to check
your order.
3. PAYMENT : We accept payment by cash, cheque, banker's draft, PayPal,
BACS and most credit/debit cards. Credit card transactions may sometimes
be subject to a handling fee, but you will be notified of this before
any such charge is made. If a credit facility is offered, payment must
reach us within 30 days of invoice (except where agreed otherwise in
writing). Official orders from government/educational and other official
bodies are welcome, subject to acceptance.
4. OVERDUE PAYMENT : We reserve the right to charge interest on all
overdue balances at 3% per month compounded until the date payment is
received in full or alternatively, at our discretion, in line with
legislation relating to late payment of commercial debts. Interest is
charged from the invoice date onwards if payment is not received within
30 days (or as agreed otherwise in writing).
5. DEBT RECOVERY COSTS : All costs, charges and expenses incurred by us
in recovering any debt shall be paid by you. If a payment made by cheque
bounces, you shall be liable for all reasonable costs incurred as a
result.
6. TITLE : All goods remain our property until such a time as they have
been paid in full, as per all invoices issued by us for those goods.
Goods supplied may not be resold by you until they have been paid for in
full, unless the new purchaser is made aware that title remains with us
until we have been paid in full.
7. DELIVERY AND TRANSIT DAMAGE : No delivery times are guaranteed. Timed
deliveries or arrival time estimates are provided as a guide and target
only. All deliveries we (or our agents) make will require a signature on
delivery. If a package appears to be damaged before you open it, the
consignment must be signed for with a note to that effect. Goods damaged
in transit must be notified to us within 48 hours of receipt. You must
keep all packaging as that may be required in event of a claim.
8. RETURNS : We will authorise a refund of purchases genuinely ordered
by mistake or found not to be suitable within 14 days of delivery. Your
carriage costs/charges are not refundable and you should use a suitably
packed/insured/traceable or signed for carriage method. Items should be
returned within seven (7) days of our authorisation to return. Where the
original purchase had the delivery charge waived ('Free Delivery'), you
may be charged the delivery cost originally waived. Where a return is
agreed, we may charge a handling and restocking fee. In the case of an
incorrect order received, you should advise us within 48 hours of
receipt. Any part of the returned item/s which have been damaged or
modified by you may be or may not be refunded at our discretion.
9. YOUR RIGHT TO CANCEL : Consumers ordering by email/web/phone/post may
cancel an order which is unwanted within seven days of receipt only in
accordance with your statutory rights. Collection/delivery charges may
be made by us and you must retain all goods complete, in their original
condition and having taken reasonable care of them. See also section 8
above. Only certain products are covered by this term and it does not
apply to goods purchased by businesses or goods purchased for use in a
business or trade. Your right of cancellation does not extend to
products whose price is dictated by fluctuations in the financial market
(e.g. those products we buy in other currencies), second-user products,
customised products, perishable products, products used in the course of
your trade, profession or business, software, Audio/Video recordings or
any other products or services which are not included in relevant
legislation. You cannot cancel any contract for services carried out by
us once they have been started, for example delivery/packing/handling
charges. In order to cancel an order, you must ensure that we receive
your notice within seven days. In order to avoid any misunderstanding or
unnecessary cost, you are strongly advised to check with us before
cancelling your order. Please also ensure that we authorise any return
before you send any goods back so that we can track/handle the return
promptly and efficiently. When returning goods, you should use some
suitably traceable/insured method.
10. WARRANTIES & SUPPORT : All new goods sold by us are covered by a
'return to base' (RTB) warranty of 12 months to the original purchaser,
or as required by applicable law. Used products (including refurbished,
second-hand and ex-demo products) will have a warranty of 90 days,
except where otherwise specified. Examine the specific product's
warranty for details of what type of faults or breakdowns are covered.
For any warranty claim, you must have your original invoice showing the
product's details. Any extended warranty offered by a manufacturer
beyond the 12 months does not form part of your contract with us, though
we may offer to handle it on the manufacturer's behalf. Do not attempt
to repair, modify or open any product unless specifically advised by us
to do so as this may invalidate the warranty. You need your proof of
purchase (invoice) for all support/warranty issues. The warranty runs
from the original invoice date onwards. If a fault does develop or is
found, this must be notified to us promptly. We endeavour to provide
technical support and online facilities to assist/enhance your usage of
the products purchased from us, however such supply/provision is
provided as a courtesy only and not included in your contract with us
and may be withdrawn or refused at any time.
11. GOODS SUITABILITY : It is your responsibility to ensure that the
correct goods and correct model are ordered for your purposes. In some
circumstances, the capability we specify/advertise of the product may
not match that of the manufacturer's or other vendor's published
specifications elsewhere, often due to international variations. Please
therefore refer to our published specification on our own web site, and
not those elsewhere. This may also apply to specifications listed within
any packaging and user guide/manuals supplied which may not apply to
your particular product, either due to product development, varying
models, specification change or local variations. We cannot guarantee
that the product will continue to work correctly during your ownership
if your original environment changes, for example if your location or
other hardware is altered (by you or a third party supplier) such that
it is no longer compatible with the product.
12. CREDIT CHECKING / VALIDITY : We reserve the right to liase with
credit reference and other agencies with regard to your status and
submit information accordingly and in line with relevant legislation. We
also reserve the right to refuse any unexecuted order, without giving a
reason. Certain products may only be available to qualifying persons or
persons in particular geographical areas.
13. TELEPHONE : Please be advised that for staff training purposes as
well as your and our own security, we may record telephone calls to/from
us and such recordings and emails may be supplied to law enforcement or
anti-fraud agencies if required.
14. DELIVERY : Although we endeavour to process, dispatch and delivery
orders promptly, no absolute guarantee is given of any dispatch/delivery
timescales. Where a premium service is requested (e.g. AM delivery or
Saturday) our liability extends only to a refund of the premium should
the delivery not be attempted during the time requested. Same-day
dispatch is subject to the order being received earlier than that
working day's 'cut-off' time but this may vary with workload or due to
subcontractor/staff issues or around holiday periods. "Working day" is
considered to be Monday to Friday, excluding holidays or any other day
on which we are closed. Deliveries may be made any time between 8am and
6pm. Our standard delivery service cover most parts of mainland UK. It
is essential that someone will be at the delivery address to receive and
sign for the goods. It is vital that you provide the correct address, in
as much detail as possible, including a complete postcode. If the
address or postcode you give is incorrect or you request a re-routing
from the original destination (via us or directly to the courier), you
will be charged for the re-routing costs at our standard carriage rates.
16. ASSIGNMENT : We reserve the right to transfer any debt to us or
other elements of our contract with you, or other liabilities in part or
whole to a third party, any such assignment or transference will
maintain all existing contractual terms. This may include the use of a
factoring or other finance company for the assignment of your debt to
us. All existing liabilities from us to you, and vice versa will remain
valid, including any warranties or service agreements.
17. PRIVACY : When placing an order, we require various personal details
from you. It is important that you supply all details requested in order
that we can validate orders efficiently. You can be assured that we
treat your personal details, including email address and telephone
numbers in confidence. We do not disclose such details to any third
party or otherwise use them, except in connection with
expediting/processing your orders/products. We do not send out
unsolicited emails ('spam') and your email address will not be added to
any mailing lists (unless requested). We will not use details of your
purchases in our marketing/publicity materials or any other promotion
without your consent and your credit/debit card details are not stored
or retained on the web server. These policies exclude any disclosure
which we are required by law to make, crime prevention, legal action or
any issues relating to product safety. If ultimately we are unable to
satisfy ourselves of the validity or other aspects of an order, we may
not accept it.
BY PLACING AN ORDER WITH US, YOU ARE BOUND BY THESE TERMS UNLESS AGREED
OTHERWISE BY US IN WRITING. ALL STATUTORY RIGHTS APPLY AS PER THE
STATUTE OF THE UNITED KINGDOM AND EUROPEAN UNION WHERE APPLICABLE. YOU
SHOULD KEEP A COPY OF THESE TERMS AS WE MAY NOT.
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