Section 1 - Definitions
1.1 : References within these terms and conditions to the Company/The Seller/We /Us shall mean McGill Motorsports Limited, 4 School Brae, Dysart, Fife, KY1 2XB.
1.2: Any reference to the 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, hobby 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.
1.3: Goods or equipment shall mean the items detailed in the appropriate section of our company website, advertisements or internet listings.
1.4; Price shall mean the consideration due for purchase and shall include VAT unless otherwise stated. In respect of orders placed via the Internet, these shall not be accepted by us until confirmed.
Section 2 - General
2.1; "Working day" shall mean any day excluding Saturdays, Sundays and public holidays. These conditions shall apply to all of the company's quotations and contracts, orders (including telephone orders) for the sale or supply of goods accepted by the company. For the trade buyer, as defined in Section 1.2, 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. For the consumer purchaser, as defined in Section 1.2 above, representations shall only be binding upon the company if confirmed in writing by us.
2.2: Brochure descriptions, Website 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 and shall not form a description within the meaning of the Sale of Goods Act 1979 and Sale and Supply of Goods Act 1994. Buyers are therefore required to check current specification, colours, weights and measurements with the company or our manufacture ring suppliers, prior to order, as no liability shall be accepted by this company for any claim arising therefrom. The company and it’s manufacturing suppliers also reserve the right to amend specifications, without notice, in order to improve products or where amendment becomes necessary.
2.3: 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 and no liability for any error or inaccuracy shall lie with the company unless notified of such error within five days of receipt of any document containing the said error.
Section 3 - Guarantee
3.1: All guarantees for products are provided entirely by the manufacturers/UK importers and are subject to terms contained therein. Purchasers are reminded to complete all warranty cards/documents upon receipt of goods where appropriate.
Section 4 - Limitations Upon Liability
4.1: 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. No liability can therefore be accepted by the company for incorrect advice given 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 and the company shall not accept liability for any inaccuracies. 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. The company accepts no responsibility or liability for any loss, injury or damage resulting directly or indirectly from the misuse or inappropriate use of any goods supplied by the company nor any such loss, injury or damage caused by any unauthorised amendment of modification of such goods.
4.2: For trade buyers, as defined in Section 2.1 above, 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.
4.3: Compatibility of goods is not guaranteed where modifications or alterations have been made to vehicles and the company shall, in such circumstances, and entirely at its discretion, 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.
4.4: 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 any admission of liability on the part of the company and without the seller replacing the said goods prior to such inspection).
4.5: 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.
4.6: 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.
4.7: 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 and it is agreed that such use shall be a relevant circumstance for the Sale of Goods Act 1979 and the Sale and Supply of Goods Act 1994. 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.
4.8: 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.
4.9: In addition, the company shall accept no liability for death or personal injury unless caused directly by its own negligence. 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 that the part supplied is incorrectly selected by the buyer or incorrectly supplied by the company in error, defective or otherwise not in accordance with the order.
4.10: 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 strikes, lockouts, civil disputes, acts of God, war or actions by third parties. Notwithstanding any other provisions of this Agreement, nothing in this Agreement shall confer, nor is it intended to confer, a benefit on any third party (for the purposes of the Contract (Rights of Third Parties) Act 1999 or for any other purpose).
Section 5 - Payment Terms
5.1: Prices are fixed as quoted or advertised ,excluding any special charges for delivery to locations outwith the UK. Delivery inclusive prices can be provided for world-wide shipping on request.
.5.2: Unless otherwise stipulated within the sales invoice/order form, all accounts are strictly net and payable with order or otherwise in accordance with the terms of the trade buyer's credit account. Where default occurs in payment by the trade buyer, default interest shall become payable in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 at the maximum rate permissible thereunder or in accordance with the credit terms agreed or, where the buyer is a consumer, at 3% above the base rate of the Clydesdale Bank from time to time.
Section 6 - Title and Delivery
6.1: 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 in respect of all goods ordered.
6.2 ; Delivery times will be quoted at time of order. All times given for despatch or delivery are approximate.
6.3: 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.
6.4: The buyer is required to notify the company, in writing, of any shortage, misdelivery or other discrepancy immediately, or at the latest within five days of such failure, thereafter the buyer shall be liable for any such discrepancy. Where delivery is effected to the buyers own 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.
Section 7 - Cancellation of Orders and Liability
7.1 ; A consumer buyer ,as defined in Section 2.1 above, shall have the right to cancel any contract for goods made in accordance with these Terms and Conditions within seven working days of delivery of the goods. Special order goods shall not be returnable under any circumstances. Cancellation of the contract can be effected by written communication, signed on behalf of the buyer and delivered either by E Mail or by first class post to the Company's registered office identified herein.
7.2: If a Notice of Cancellation is received by the Company in accordance with clause 7.1, the consumer buyer ,as defined in Section 2.1 above, 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. If the consumer buyer fails to return the goods in accordance with clause 7.1 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 costs involved in such collection from the consumer buyer. The Company shall then effect a refund of any monies owing to the consumer buyer in respect of the goods within 30 days from the date of cancellation of the contract. Such a refund will be subject to any set off of monies to which the Company is entitled under clause 7.1.
7.3 ; Goods delivered to the buyer (including a trade buyer as defined in Section 2.1 above) may be returned to the Company in original packaging (and without being installed or used and with all relevant seals and closures intact) for credit within 7 days of receipt by the buyer, subject to a restocking charge of not less than 20% of the value of the order. Special order goods shall not be returnable under any circumstances.
7.4 ; Without prejudice to the right of the consumer buyer ,as defined in Section 2.1 above ,to cancel under clause 7.1 the buyer shall indemnify the company against all actions, claims, demands, penalties and cost brought by or incurred by third parties or this company, 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. The buyer confirms that he shall comply with any or all rules relating to installation of the product concerned and fully accepts that any loss which results from forced, misdirected, inappropriate or unqualified installation shall not be accepted by the company.
Section 8 - Jurisdiction
This agreement shall be interpreted in accordance with Scottish Law and industry custom and practice, and Scottish courts shall have sole jurisdiction in respect of any dispute arising therefrom. In respect of Internet sales, jurisdiction or the agreement shall be with Scottish Law and it shall be deemed that any agreement is made in Fife, Scotland, irrespective of any rule of contract dictating otherwise