1. Any reference to the Company/ Seller/ We/ Us shall mean Performance 3000 Ltd, 40 Buckland Road, Pen Mill Trading Estate, Yeovil BA21 5HA, United Kingdom, who sell and fit motor equipment and accessories in the course of their trade or business.
2. Any reference to You/ Buyer/ Purchaser shall mean any person, sole trader, partnership, business, body corporate or other entity detailed in the appropriate section of the sales invoice/order form and shall include all successors, heirs and assigns. Where the Buyer purchases in the course of a trade, profession, vocation or sport (where the buyer is a specialist or enthusiast), it is agreed that such a buyer shall mean a trade buyer. Where a person deals entirely as a consumer, statutory rights shall remain unaffected. Where the term buyer appears within these terms it shall mean both trade and consumer buyer/purchaser unless specified as relating to a trade buyer or consumer buyer individually.
3. Goods or equipment ordered shall mean the items detailed in the appropriate section of the sales/order form and it shall be a core term of this agreement that all additional parts, connecting components or ancillary items, not detailed within the sales order form, shall be additional to this agreement.
4. Price shall mean the consideration due for purchase. Purchasers should note that prices quoted may vary during the currency of brochures (upwards or downwards) and current prices are quoted at the time of order.
5. In respect of orders placed via Ebay, such orders shall be binding in accordance with Ebays policies. The Company reserve the right to refuse any offer to purchase prior to email confirmation or despatch, where goods ordered become unavailable, the price of goods varies or an error is made by the Company in the price, description or for some other reason, whereupon a full refund of your payment will be made to you, usually in the method you made payment to the Company.
6. "Working day" shall mean any day excluding Saturdays, Sundays and public holidays.
7. These conditions shall apply to all of the company's quotations and contracts, orders (including telephone, facsimile transmittal, postal and internet orders) for the sale or supply of goods accepted by the company. For the trade buyer, any other terms or representations, whether implied by statute, made prior to, collateral with or subsequent to the contract or order are hereby excluded and shall not be binding upon the company.
8. Brochure descriptions, Web Site information and samples on display are indicative only and any specifications, weights, measurements and technical data (whether relating to performance or otherwise) have been prepared by manufacturers and are for guidance only. Additionally, parts or components pictured or described within brochures or websites are for illustration purposes only and may vary in size, specification, colour and fitment dependent upon the make and model of your vehicle. Buyers are therefore required to check current specification, colours, weights and measurements with the Company, prior to order. Manufacturers also allow tolerances within the manufacturer of their products and also reserve the right to amend specifications, without notice, in order to improve products or where amendment becomes necessary and the Company shall endeavour to inform the Purchaser of any such amendment or change.
9. The company reserves the right to amend technical or clerical errors in any order without notice. In addition, the buyer shall ensure that all details contained within the order are correct prior to submission to the Company. Subsequent to delivery, the Company shall accept no liability for any error or inaccuracy in order unless notified of such error within seven days of delivery/receipt of any document containing the said error.
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).Before returning any product to us you MUST contact us first. No products will be accepted without prior arrangement. Any item(s) returned to the seller without prior authorisation will be returned to the purchaser at the purchaser's cost. 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).
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 any sum remains outstanding in respect of any item ordered title will not pass to the purchaser. Apportionment by the 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 despatch 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. Before returning any goods to the seller the purchaser MUST contact the seller first. No product(s) will be accepted without prior arrangement. Any item(s) returned to the seller without prior authorisation will be returned to the purchaser at the purchaser's cost. Cancellation of the contract can be effected by service of a Written Notice signed by the Consumer Buyer which details clearly the Company 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 will reject the Consumer's to cancel the contract which accrue by virtue of the Consumer Protection (Distance Selling) Regulations.In such circumstances the consumer will be deemed to have accepted the good(s).
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 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 by means other than 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 the goods at their own expense. Before returning any product to us you MUST contact us first. No products will be accepted without prior arrangement. Any item(s) returned to the seller without prior authorisation will be returned to the purchaser at the purchaser's cost. 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.
35. The 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.
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 Performance 3000 Ltd, 40 Buckland Road, Pen Mill Trading Estate, Yeovil BA21 5HA
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 Performance 3000 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
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.
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.