GUARANTEES
10.
All guarantees for products are provided entirely
by the manufacturers/UK importers and are subject
to terms contained therein. Purchasers are reminded
to complete and return all warranty cards/documents
upon receipt of goods where appropriate.
LIMITATIONS
UPON LIABILITY
11.
Advice given by agents or servants of this company
during telephone/Internet orders is based entirely
upon information given by the purchaser with
no inspection undertaken. As such, all advice
given is indicative only and all such advice
should be checked by the purchaser prior to order.
Where advice is given after visual inspection
by agents or servants of this company, such advice
shall amount to an opinion only. Additionally,
goods supplied are supplied only to correspond
to the purpose for which goods of that kind are
commonly supplied and not alternative uses to
which they may be put. No liability for failure
can be accepted by this company for such alternative
use, amendment or modification.
12.
For trade buyers, the company is hereby excluded
from any liability, howsoever arising, in respect
of any express or implied condition, warranty
or term, statement, representation whether statutory
or otherwise, relating to the goods supplied.
The trade buyer accepts that he is best placed
to insure against losses which arise by virtue
of any breach of this agreement and warrants
that he carries adequate insurance in this respect.
13.
Goods ordered by the Buyer may not be compatible
with vehicles which have been modified, adapted
or altered. Where goods ordered by the Purchaser
are not compatible by reason of modification,
adaptation or alteration, the Company may accept
such goods back into stock entirely at its discretion,
and shall either issue a refund or credit to
the purchaser except where goods are specifically
ordered for the purchaser where no such refund
or credit will operate.
14.
Where goods purchased by the buyer are alleged
to be defective, the purchaser agrees to return
such goods to the seller for inspection and report
(without the seller replacing the said goods
prior to such inspection). The purchaser also
accepts that it is reasonable to inform the seller
of any interruption, defect or other failure
prior to contacting independent third parties
or incurring expense and, in addition, to allow
the seller to remedy the defect, failure or interruption.
Parts modified or adapted by the purchaser shall
no longer be warranted by the manufacturer nor
shall the Company be liable for any failures
resulting subsequent to modification as a result
of such modification.
15.
Competition goods are supplied for specialist
use and are subject to extreme heat and stress
whilst in use. Life expectancy and durability
are greatly reduced and purchasers should note
that any claim for failure/wear, shall not be
entertained by the Company. It is acknowledged
by the buyer of such goods that the foregoing
statement shall be a relevant and important issue
in any claim brought against the Company and
the Company shall, in turn, place importance
upon this clause. In addition, parts connected
to parts supplied by this company may be placed
under stress where specialist/competition parts
are used, and purchasers should take advice from
experts prior to purchase. Manufacturers may
also limit guarantees when components are installed
for competition use.
16.
Where goods are defective, incorrectly supplied,
delayed or otherwise in breach of the implied
terms of the buyers statutory rights, all losses
which result from loss of competition points,
awards, loss of entry fees or other similar losses,
are excluded and shall not be reclaimable from
the Company. In addition, the company shall accept
no liability for death or personal injury unless
caused directly by the Companies own negligence.
17.
No liability is accepted by the company where
purchasers attempt to modify or install components
supplied where it is known or ought reasonably
to be known to the Purchaser that the part supplied
is incorrectly supplied or otherwise not in accordance
with the order.
18.
The company accepts no liability in respect of
failure to supply or other interruptions caused
by matters beyond the reasonable control of the
company, including but without limitation, strikes,
lockouts, civil disputes, acts of God, war or
actions by third parties.
19.
Notwithstanding any other provision of this Agreement,
nothing in this Agreement shall confer a benefit
on any person or persons not named as the purchaser
herein (for the purposes of the Contract (Rights
of Third Parties) Act 1999 or for any other purpose).
PAYMENT
TERMS
20.
Quotations are given on the assumption that no
variation in the price will be made by the manufacturer/sole
importer and that Government levies remain unaltered.
In the event of such changes, the trade buyer
shall be liable for the full cost of any change
without notice from the Company. A Consumer Buyer
shall be contacted by the Company and consent
for any price increase obtained. Where no such
consent is obtained, the Consumer Buyers agreement
to purchase shall be treated as cancelled. Buyers
are hereby informed that calling down of smaller
quantities of material than ordered may increase
the overall price per unit, there being reduced
economies of scale in order. The resultant additional
cost shall be the buyers.
21.
Unless otherwise stipulated within the sales
invoice/order form, all accounts are payable
at the time of order.
22. Paypal's
E-Cheque - when using this payment
method please be aware that payment will
not clear for between 10 to 15 days. When
paying by Paypal you can select to pay by
E-Cheque as an option or if there is a discrepancy
with your card, Paypal will automatically
select it for you. This is a slow method
of payment so please read the screen carefully
if you do not wish to use it. If you pay
by E-cheque we will not hold on to stock
whilst awaiting payment to clear. If we have
no stock left or have incurred a price increase
between the time you make payment and the
time your payment clears we will fully refund
your payment.
TITLE
AND DELIVERY
23.
Ownership or Title to the product shall not pass
to the buyer until the company has received payment
in full. In the event that sums owing in respect
of other items ordered remain due, apportionment
by this company shall take place without prejudice
to the right to retain title or ownership in
respect of all goods ordered.
24.
Delivery times will be quoted at time of order
and all times given for despatch or delivery
are approximate and time shall not be of the
essence. Usually despach will be the same or
next working day where possible and within reason.
The buyer agrees to give 20 days in any written
notice making time of the essence, such notice
to commence subsequent to the last time for delivery
quoted by the Company. The Buyer further agrees
to accept full liability in respect of delayed
or late delivery or despatch prior to the expiry
of any such notice. In respect of special order
goods, the buyer acknowledges that further delays
may occur and allows the company 30 days in any
written notice, such notice to commence subsequent
to the last time for delivery quoted by the Company.
In any event, delivery times are approximate
and variable. When delivery is effected to the
purchaser directly or to an independent delivery
contractor as agent for the purchaser, risk shall
pass to the buyer immediately.
25.
The Buyer is required to notify the company,
in writing, of any shortage, misdelivery or other
discrepancy immediately, or at the latest within
seven days of such shortage, misdelivery or failure,
thereafter the buyer shall be liable for any
such discrepancy. Where delivery is effected
to the buyers own independent delivery contractor,
loss or damage in transit claims should be made
directly to the carrier. The company will assist
purchasers in making their claim. Buyers should
retain all packaging in the event of a claim
or return within the terms of this agreement.
26.
Delivery and packing prices indicated within
the Companies Brochures and Internet Site are
subject to change and will be confirmed at the
time of order. Buyers outside the United Kingdom
and Europe shall be quoted approximate prices
for delivery and packing prior to order confirmation.
If required the Company shall quote for delivery
and packing in such instances and confirmation
of acceptance shall be required from the Buyer
prior to acceptance of order.
CANCELLATION
OF ORDERS AND LIABILITY
27.
Clauses 28, 29, 30 and 31 below shall only apply
to a person who purchases goods as a consumer
buyer and is resident within European Economic
Community where rights, which accrue by virtue
of the Consumer Protection (Distance Selling)
Regulations, apply.
28.
A Consumer Buyer shall have the right to cancel
any contract for goods made by means of distance
communication, in accordance with these Terms
and Conditions, within seven working days of
delivery of the goods. Special order goods shall
not be returnable under the terms of this clause.
Cancellation of the contract can be effected
by service of a Written Notice signed by the
Consumer Buyer which details clearly the Companies
Sales Order Number and the name and address of
the Consumer Buyer, and delivered either by fax
to the number printed on the Invoice or by post
to the Company's registered office.
29.
If a Written Notice of Cancellation is received
by the Company in accordance with clause 27 the
Consumer Buyer shall become liable to return
the goods to the Company forthwith, to such address
as directed by the Company in their original
packaging (and without having been installed
or used and with all relevant seals and enclosures
intact) and at the consumer buyer's sole expense.
30.
If the Consumer Buyer fails to return the goods
in accordance with clause 28 within 7 days of
the cancellation of the contract, the Company
shall be entitled to collect the goods from the
consumer buyer and to recover any reasonable
costs involved in such collection from the consumer
buyer.
31.
The Company shall then affect a refund of any
monies owing to the consumer buyer in respect
of the goods within 30 days from the date of
cancellation or receipt of goods by the Company.
Such a refund will be subject to any set off
of monies to which the Company is entitled under
clause 29.
32.
Goods purchased and delivered to the buyer otherwise
than by means of distance communication (including
a Trade buyer) may be returned to the Company
in original packaging (and without being installed
or used and with all relevant seals and enclosures
intact) for credit within 7 days of receipt by
the buyer, exluding all postage and packaging
charges (where postage and packaging is free,
the actual cost of postage will be excluded).
Credit shall be subject to the buyer producing
proof of purchase and returning goods carriage
paid. Special order goods shall not be returnable
by virtue of this clause.
33.
The Trade Buyer shall indemnify the company against
all actions, claims, demands, penalties and cost
brought by or incurred by third parties or this
company in tort, contract, infringements of or
alleged infringements of patents or registered
designs or otherwise arising in connection with
the goods or their delivery or unloading or with
work done by the company in accordance with the
buyers specifications.
34.
The Buyer confirms that he shall comply with
any or all rules and instructions relating to
installation and use of the product concerned
and fully accepts that any loss which results
from forced, misdirected, inappropriate or unqualified
installation or use shall not be accepted by
the Company.
VAT
35.
Tthe company is registered for Value Added Tax.
The prices quoted shall be inclusive of VAT unless
otherwise expressed. The rate of VAT applied
will be that set by English Law and is subject
to change.
JURISDICTION
36.
These terms and this agreement (including an
agreement concluded by means of distance communication)
shall be interpreted in accordance with English
Law and industry custom and practice, and English
and Welsh courts shall have sole jurisdiction
in respect of any dispute arising therefrom.
© Copyright
P I Worldwide, 3 Kingfisher Close, Lynx Trading
Estate, Yeovil, Somerset, BA20 2PJ, United Kingdom.
PRIVACY
POLICY
We are committed to safeguarding the privacy of our
website visitors; this policy sets out how we will
treat your personal information.
(1) What information do we collect?
We may collect, store and use the following kinds
of personal data:
(a) information relating to any transactions carried
out between you and us on or in relation to this
website, including information relating to any purchases
you make of our goods or services.
(b) information that you provide to us for the purpose
of registering with us such as your email address
and your P I Worldwide password.
(c) any other information that you choose to send
to us.
(d) We will not store any financial information you
supply beyond the point at which your order is complete.
(2) Using your personal data
Personal data submitted on this website will be used
for the purposes specified in this privacy policy
or in relevant parts of the website.
We may use your personal information to:
(a) administer the website.
(b) enable your use of the services available on
the website.
(c) send to you goods purchased via the website,
and supply to you services purchased via the website.
(d) send statements and invoices to you, and collect
payments from you.
(e) send you email notifications which you have specifically
requested.
(f) deal with enquiries and complaints made by you
relating to the website, or our services and products.
(3) Disclosures
We may disclose information about you:
(a) to the extent that we are required to do so by
law;
(b) in connection with any legal proceedings or prospective
legal proceedings;
(4) Security of your personal data
We will take reasonable technical and organisational
precautions to prevent the loss, misuse or alteration
of your personal information. Your financial information
(if supplied) will be destroyed securely upon completion
of your payment.
You are responsible for protecting your password,
we will never ask you for your password. Should the
need arise for you to be reminded of your password,
you may contact us at any time within usual office
hours. We may ask for confirmation of your name and
address before releasing such information to you
to ensure that we are releasing the information to
you, and not any other person.
(5) Your rights
You may instruct us to provide you with any personal
information we hold about you. Provision of such
information may be subject to the payment of a fee
(currently fixed at £10.00).
(6) Third party websites
The website contains links to other websites. We
are not responsible for the privacy policies or practices
of third party websites.
(7) Updating information
Please let us know if the personal information which
we hold about you needs to be corrected or updated.
(8) Contact
If you have any questions about this privacy policy
or our treatment of your personal data, please email
us at dave@performance3000.com or by post to P I
Worldwide Ltd, 3 Kingfisher Close, Lynx Trading Estate,
Yeovil, Somerset, BA20 2PJ
(9) Data controller
The data controller responsible for our website is
David Rowlandson, P I Worldwide.
) 
