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Conditions of Sale
1.0 Definitions of these conditions of sale
a) The "Company" shall mean TTS Performance Parts Ltd
b) The "Conditions" shall mean these conditions of sale.
c) The "Purchaser" shall mean the Company, Firm or Individual who buys or who
has agreed to buy goods.
d) The "Quotation" shall mean any quotation addressed to the Purchaser by the
Company including quoted products and prices published in any catalogue or promotional
documentation provided by the Company.
e) The "Goods" shall mean items of any nature that the Purchaser buys or has
agreed to buy from the Company.
f) The term "Liability Whatsoever" shall include, without prejudice to the generality
of the expression all liability in tort, contract, breach of representation
of implied warranty or condition or any other duty at common law or under the
expressed terms of contract including any liability for direct, indirect or
consequential loss including but not limited to loss of profit or damage of
any kind howsoever caused or arising. The said term will, however, not apply
to liabilities in respect of death or personal injury.
g) The "Company's Recommendation for Use" means the Company's Recommendation
for Use (if any) contained in the Company's published literature current at
the time of the quotation.
h) "Special Orders" are such Goods that have been provided by the company upon
the specific specification and/or requirements of the Purchaser and which are
not ordinarily provided by the Company or advertised by the Company
i) The photographs shown in this web site are for indication purposes only and
may not represent the actual product for that particular motorcycle. TTS will
endeavour to ensure that the images are as accurate as possible.
1.1 Nothing in these Conditions of Sale shall exclude or restrict the statutory
rights or a Purchaser who deals as a consumer within the meaning of the Unfair
Contract Terms Act 1977 as amended.
1.2 Clause headings are for information only and shall not affect (nor be treated
or interpreted so as to affect) construction of these Conditions.
2.0 General
a) Unless otherwise agreed in writing between the parties acceptance of the
Quotation must be communicated by the Purchaser to the Company within twenty
eight days from the date of the Quotation in order to constitute a binding contract.
b) The placing of an order shall be deemed subject to the Conditions of Sale
which shall apply to the exclusion of any other provisions contained in any
other document issued by the purchaser and without prejudice to the generality
to the foregoing, contained in any order sent by the Purchaser. All orders are
accepted only upon the Company's terms and conditions subject to any written
authorised variation, cancellation or waiver.
c) No modification or amendment of the Conditions shall be binding upon the
Company unless agreed to in writing by a duly authorised signatory on behalf
of the Company.
d) Unless otherwise agreed in writing all descriptions, specifications, drawings
and particulars of weights and dimensions submitted by the company or otherwise
contained in the company's catalogues, brochures, price lists or any other published
matter are approximate only and do not form part of a contract or give rise
to any independent or collateral liability whatsoever upon the part of the company
being intended merely to present a general idea of the goods contained therein.
e) The Company shall not be responsible for the capacity or performance of any
goods, materials, machinery or any other item supplied to or carried out for
the purchaser or the suitability or fitness for purpose or any purposes unless
specifically agreed in writing between the parties.
f) Save as herein provided the company shall accept no liability for any loss
or damage consequential or otherwise attributed to the act, negligence or defaults
of the company or its servants or agents.
g) All goods are subject to availability.
h) Products are supplied individually unless otherwise stated.
3.0 Reference Numbers
Where maker's part numbers are quoted, these are for reference and description
purposes only and for the avoidance of doubt does not mean that the parts referred
to are genuine spare parts made or used by any manufacturer.
4.0 Terms of Payment
a) Unless otherwise agreed, the Purchaser will pay for all goods and services
in advance of receipt by either pro- forma invoice or by credit or debt charge
card or by any other such form of cleared funds as agreed by the Company. b)
Where payment has been made by cheque it shall not be deemed to have been made
until the cheque has been honoured by the drawer's bank and cleared in the Companies
bank account.
c) Where the Purchaser has a running account with the Company payment will become
due thirty days after the receipt by the Purchaser of the Companies invoice.
The Company reserves the right to charge interest at a rate of 2% per month
or part thereof on all amounts unpaid by the due date and the Company shall
be entitled to compound the same until the same payment in full has been received
by the Company.
d) Failure to pay the price for goods supplied or any part of the price thereof
or any other monies payable by the Purchaser under these conditions will entitle
the company without prejudice to the company's other rights or remedy to refuse
to make delivery of any further consignment of goods under this contract and/or
to cancel any uncompleted order without reference to the purchaser and such
action shall not be regarded as a breach in these terms and conditions and no
liability whatsoever shall attach to the company whatsoever.
e) Payments received by the Company shall be applied first in settlement of
any charge to interest or other costs or expenses however invoiced or incurred
by the company and thereafter in settling the purchase price or principal sum
or sums due to the company.
5.0 Price
a) Unless otherwise stated the price of the goods in respect of contracts for
delivery in Great Britain excludes the cost of VAT and delivery. Any and all
charges for VAT or other applicable taxes and duties and costs including costs
of carriage as determined by the Company at date of dispatch shall be payable
by the Purchaser to the Company.
b) The purchaser shall not be entitled to make any deduction from the price
of the goods in respect of any set-off unless agreed by the Company.
c) The price of goods is based in the cost of materials, labour, transport,
overheads and/or other charges incurred by the Company during the period between
the date of the quotation and the date of dispatch. The company reserves the
right to alter these prices in any way at any time as it sees fit.
6.0 Transfer of Property
a) Legal and beneficial ownership of goods shall remain with the Company until
full payment has been made. The risk of loss or damage of the goods shall, however,
pass to the Purchaser upon delivery thereof.
7.0 Risk
a) The Purchaser shall be responsible for the goods from the first point of
time of any of the following events.
1. The physical delivery of the goods to the Purchaser at the Companies place
of business
2. The physical delivery of the goods to the Purchaser's carrier
3. The physical delivery of the goods to the Purchaser's place of business or
home or any other address as notified by the purchaser of the company.
8.0 Delivery
a) Unless otherwise stated any time or date for the delivery shall run from
the date on which acceptance of the order is communicated to the Purchaser.
b) The company will make all reasonable endeavours to affect delivery on the
date stated but any time and date stated for delivery that may be given is intended
as an estimate only and will not be a contractual obligation and such time for
collection and delivery shall not be deemed to be of the essence in respect
of this contract.
c) The company shall not be responsible for any delays caused by inclement weather,
through its supplier, human error or any factor beyond its reasonable control.
Without prejudice to the generality of the foregoing the following shall be
regarded as forces beyond reasonable control:-
A. an act of God, explosion, flood, tempest, fire or accident;
B. war, threat of war, sabotage, insurrection, civil disturbance or requisition;
C. Acts, restrictions, regulations, bye-laws, prohibitions or measures or any
kind on the part or any
government, parliamentary, or local authority.
D. Import or export, regulations or embargo;
E. Strikes, lock outs or other industrial actions or trade disputes
F. Difficulties in obtaining raw materials, labour, fuel, parts or machinery
G. Power failure or breakdown of machinery
H. Failure by the Purchaser to collect goods or to provide safe and/or adequate
storage conditions on site;
d) Delivery of the goods shall be deemed to have taken place upon the first
point in time of any events specified in condition 7(a) above. Signature of
any delivery note by an agent, employee or representative of the purchaser or
by any independent person shall be conclusive proof of delivery of the goods.
e) Where delivery of the goods is made in instalment, each instalment shall
be construed as constituting a separate agreement to which all the provisions
in the conditions shall apply.
9.0 Returns
a) The Company will only accept the return of goods which have been supplied
in accordance with a contract upon production of the original or copy invoice
along with full written reasons for return, such written reasons and invoice
to be received within 5 working days of the Purchaser receiving the said goods.
All returned goods must be returned in the original packaging. The Company accepts
no liability whatsoever for goods return to it in any other circumstances and
such goods that are returned in breach of these conditions will be sent at the
Purchaser's risk and expense and the Purchaser shall indemnify the Company in
respect of any storage, carriage or any other charges paid or incurred by the
Company in connection with the wrongful return of such product.
10.0 Cancellation
a) The Company will reserve the right to apply a re-stocking charge of 20% for
all cancelled orders
11.00 Carriage
a) The Company will arrange carriage of goods if requested to do so by the Purchaser.
However the Purchaser is entitled to collect or arrange their own carriage at
a time suitable to the company.
If requested by the Purchaser, the Company will endeavour to meet special delivery
requirements subject to any additional costs being incurred thereby being born
by the Purchaser.
12.0 Sub Contracting
The Company reserves the right to sub contract the performance of any obligations
under these conditions to a sub- contractor of their choice.
13.0 Privacy Policy
a) The Company is committed to ensuring that the Customer's privacy is protected.
If you order services from the Company, the Company will need to obtain some
personal information about you, which is stored on the Company's computer systems.
The Company needs to know your name, email address or other address where you
can be contacted, your telephone number and details of your company if applicable.
This information is required to allow us to process your order and to provide
you with the best possible service.
b) You can check the information the Company holds about you by emailing a
request to privacy@tts-performance.com. The Company will delete or amend any
inaccurate information.
c) The Internet is not a secure medium. However, the Company will use reasonable
endeavour to keep secure the personal information received about you. The Company
uses the information provided in the registration form only as set out in these
terms and conditions of use.
d) By completing the ordering process, or by contacting us via the Contact form,
you consent to the use of the information provided therein as set out in these
terms and conditions of use. If the Company changes the terms and conditions
of use, the changes will be posted on this page so that you may be aware of
them and you will be given a chance to ask that your information will not be
used for the changed purposes.
e) Because the Internet infrastructure is global, and it is not possible to
predict the routes that information sent over the Internet will take, the information
you provide may be transferred temporarily via a route which takes it outside
the European Economic Area as it passes between you and us. By submitting your
information you consent to this transfer.
f) We may use various methods to track the patterns of behaviour of visitors
to the Company's site. This may include using a 'cookie' which would be stored
on your computer by your web browser. You can normally modify your browser to
prevent this happening. The information collected this way can be used to identify
you unless you modify your browser settings.
g) We will not pass your details on to any other organisation unless required
to do so by law. We will only contact you by email in relation to the services
you have enquired about or purchased, and to provide you with information which
may improve our service to you. When you create an online account, or when an
enquiry is made via our Contact form, you have the opportunity to opt-out of
our mailing list.
13.0 Law
The law of England and Wales shall apply and the English or Welsh courts shall
have sole jurisdiction in respect of any claim or dispute in any way arising
from the sale of goods or the supply of services under the these terms by the
company to any customer in any part of the world.
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