Conditions of Sale

1. General

(a) "Seller" as used herein means Autosport Electronics Limited.
(b) "Agreement" means an agreement between the Seller and the Buyer for the sale by the Seller to the Buyer electronic equipment, wiring harnesses and associated repairs of any description.
(c) The words "product and services" used herein shall mean a product, products or services or any mixture or combination agreed in any Agreement, to be supplied to the Buyer.
(d) All orders are accepted on the understanding that these Conditions of Sale apply. No variation of these Conditions of Sale shall be binding on the Seller unless agreed in writing and signed by a Director of the Seller.
(e) All matters concerning an agreement under these Conditions of Sale shall be decided according to the Laws of England.

2. Price Variation

Any price quoted in any agreement is the Seller's price ruling at the date thereof and includes any variance in the price by notice in writing to the Buyer and the varied price shall apply to such of the products and services as is delivered.

Any additional work not specified in the sellers original quotation shall be charged at £50 per hour (labour) and any travel costs shall be charged at £0.50 per mile.

3. Customers Property

The Buyer shall be responsible for insuring his property against loss whilst in the care of the Seller. Loss shall include but not be limited to fire, theft, accidental damage, flood. The Seller can arrange insurance and will provide a quotation if requested by the Buyer.

4. Delivery or Shipment

(a) The delivery dates given in any Agreement are given in good faith but are estimates only and no liability whatsoever can be accepted by the Seller for delays in delivery howsoever caused and the Buyer shall not be entitled to refuse to accept the product by reason of any delay in delivery unless specifically agreed with the seller.
(b) Each delivery made under any Agreement shall be considered to be a separate contract.
(c) The Buyer shall treat any delivery, which the Seller procures to be made on its behalf, as a delivery
(d) The Seller reserves the right to make deliveries in instalments.

4. Passing of Property and Risk

(a) Title in the product shall pass, on payment being received by the Seller, in full into his bank account, for the whole of any delivery.
(b)The Seller shall not modify the Sellers’s product until payment has been made in full and the Buyer has full title.
(c) Risk in the product passes to the Buyer on delivery

5. Terms of payment

(a) Unless otherwise agreed in writing payment shall be due at the time of collection.
(b) Notwithstanding condition 5 (a), the Seller may, at any time, require the Buyer to make payment in advance of delivery or to advance adequate security for the payment of all amounts due or becoming due.

6. Seller's Warranty

(a) The Seller warrants that the product delivered to the Buyer will comply with the specification or description given in any Agreement. In the absence of such specification or description the product shall be suitable for motorsport purposes.
(b) Save as provided in this condition, no representation, warranty, condition or term, expressed or implied, statutory or otherwise as to the quality of the product, its fitness for any purpose or compliance with any sample or description or in any other respect shall apply to any Agreement or to any delivery made there under.
(c) The Seller shall not be responsible for any injury loss or damage, howsoever caused, arising directly or indirectly from the products or services provided by the seller. Any representation, advice or recommendation given by the Seller, its servants or agents as to the application or use of the sellers products or services is given without liability on the part of the Seller its servants or agents.
(d) The Seller's liability for all direct loss or damage resulting to the Buyer from defective product or from any other cause whatsoever shall be limited to the purchase price of the product, unless the Seller shall have replaced such defective product with product conforming in all respects with the Agreement, in which event the Seller shall be under no further liability to the Buyer. It is the buyer’s sole responsibility to ensure the seller’s products and services conform with the buyer’s vehicle or equipment. Any damage or loss caused by the use of these products and services are the sole responsibility of the Buyer.
(e) No representation, warranty or indemnity is implied that the product does not infringe any letters patent, trademarks, registered designs or other industrial property rights.
(f) The Sellers products and services are not designed or manufactured for use on any vehicles or equipment not specifically used for motosport purposes. The Seller gives no undertaking as to the suitability of the products or services for use on the public high way.
(g) The Sellers products and services are designed and manufactured for competition purposes and as such are prototypes and their use is it the sole risk of the Buyer. The Buyer agrees to accept all risks associated with the use of the Sellers products and services including but not limited to death, serious injury or loss or damage to the Buyer’s or third party property.

7. Termination of the Agreement

If at any time during the term of any Agreement,
(i) Any sum of money due there under from the Buyer to the Seller shall have been due and unpaid for 21 days,
(ii) The Buyer shall be in breach of any other terms thereof or of these conditions
(iii) The Buyer is unable to meet his obligations as they fall due, or is insolvent or (being an individual) shall have committed any act of bankruptcy or (being a company) shall enter into liquidation (other than a voluntary liquidation for the purpose of reconstruction or amalgamation in terms previously approved in writing by the Seller) or shall have had a receiver appointed or execution levied over any of its assets.

The Seller may, without prejudice to any other right or remedy that it may have:
(i) Repossess the Product.
(ii) Terminate the Agreement forthwith.
(iii) Suspend further deliveries under the agreement.

Should the Seller suspend deliveries, he may at any subsequent time, terminate the Agreement. Should the Seller waive or delay his right to suspend deliveries he shall not be stopped from suspending later deliveries or from terminating the Agreement. No Agreement may be cancelled or suspended without the Seller's written consent. Any consent so given shall be given only on the express condition that the Seller be compensated against any loss incurred wholly or in part by that cancellation or suspension.

8. Force Majeure

(a) The Seller shall in no circumstance be liable for any loss caused by or resulting from inability to deliver, or delay in delivery arising from any circumstance beyond its control including in particular but without limiting the generality of the foregoing, force majeure, Act of God or the Queen's enemies, fire, flood, ice, frost, withdrawal of labour, breakdown of machinery, loss or detention of vessels or other means of transport, inability to arrange transport by the Seller's normal methods, delay in loading or discharging goods, inability to obtain supplies of goods or raw materials, or restrictions on the use of or supply of fuel or power.
(b) In the event inability to deliver or delay in delivery by reason of any of the above mentioned causes, the Seller may suspend delivery, and at its option the Seller may (whether or not it has already suspended deliveries) by notice in writing to the Buyer cancel the Agreement in whole or as to any unfulfilled part.

9. Buyer's Obligation

(a) It is the condition precedent to liability on any claim relating to the specifications or quality of the product that such claim is made in writing within 7 days of the delivery concerned in respect of the goods, by telephone or email to the Seller's Head Office.
(b) If the product is delivered in a damaged state, or in the event of loss, shortage, non-delivery, or delay the Buyer is required to notify the Seller and the Carriers (if any) within 3 days of delivery giving full details of the alleged damage, loss, shortage, non-delivery, damages or delay. Such notification is required to protect the Seller against third parties and this condition does not confer any additional rights on the Buyer.
(c) If the Buyer shall fail to give such notice as is required in conditions 10 (b) and 10 (d) then the product shall be deemed in all respects to be in accordance with the Agreement and the Buyer shall be deemed to have accepted the product.
(d) The product in respect of which the Buyer makes any claim shall be preserved intact as delivered. The Seller or its agents shall have the right to attend the Buyer's premises to investigate the complaint. Any breach of this condition shall preclude the Buyer from making any claim against the Seller in respect of any defect in the product, and from refusing to accept the product.

10. Assignment

This Agreement shall not be assigned or transferred by the Buyer directly or indirectly except with the prior written consent of the Seller.

11. Notices

Any notice required to be given under any Agreement or these conditions shall be given in writing, (including telex and facsimile transmission), and sent or delivered to the party for whom it is intended at the address stated in the Agreement or to such other address in the United Kingdom as that party may in writing substitute. Such notice shall if posted be deemed to have been served 24 hours after the posting by first class post in a properly addressed pre-paid envelope or if sent by telex or facsimile at the time of transmission.

14. Confidentiallity

All drawings and designs produced by the Seller for the Buyer shall remain the sole property of the Seller. The Buyer shall undertake to keep confidential any drawings or designs provided by the Seller.

14. Arbitration

Any dispute arising out of or in connection with any Agreement is to be settled by arbitration in London England by two Arbitrators accustomed to the trade (one to be named by each party) and an umpire to be chosen by the Arbitrators in accordance with the Arbitration Act 1950, or any statutory modifications or re-enactment thereof for the time being in force and in accordance with the Law of England.