- These terms and conditions form the entire agreement between WinSpeed Motorsport Ltd., the Company, and the Customer. Any other terms or conditions are excluded to the maximum extent permitted by law. This does not affect a consumer`s statutory rights. If any part of this Agreement is held unlawful or unenforceable that part shall be struck out without it affecting the remainder of the Agreement.
- Any orders for parts, or instructions for work to be carried out, will only be accepted on the basis of these Terms and Conditions. The placing of an order for parts or the giving of instructions for work to be carried out, accordingly constitute acceptance of the Terms and Conditions.
- No one other than the parties and their permitted assignees, if any, shall be entitled to benefit from the Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.
- Any order and any allowance in respect of a motor vehicle offered in part exchange by the Customer is subject to written acceptance by the Company.
- The Customer must take and pay for the goods within 10 days of being notified that they are available unless credit terms have been agreed in writing. If the Customer fails to do so then the Company will be entitled to keep the deposit and recover damages for all resulting loss (including loss of profit), costs (including labour and materials at the usual retail rate), charges and expenses.
- The Company will retain ownership of the goods until they have been paid for in full. Responsibility for looking after the goods becomes that of the Customer upon delivery or payment whichever is the sooner.
- Any estimated date quoted for delivery of the goods is only approximate. The Company shall not be liable for delay or failure in delivery of the goods which is beyond its control.
- If the Company fails to deliver the goods within 28 days of the estimated date of delivery stated in this contract the Customer may by notice in writing to the Company, require delivery of the goods within 7 days of receipt of such notice. If the goods are not delivered to the Customer within 7 days the contract shall be cancelled. If the contract is cancelled any deposit paid shall be returned and the company shall be under no further liability.
- The Seller shall not be liable to the Purchaser or be deemed to be in breach of the contract for reason of any delay in performing or any failure to perform, any of the Seller’s obligations in respect of the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control:
a. act of god, explosion, flood, tempest, fire or accident;
b. war or threat of war, sabotage, insurrection, civil disturbance or requisition;
c. acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
d. import or export regulations or embargoes;
e. strikes, lockouts or other industrial actions or trade disputes (whether involving employees ofthe Seller or of a third party);
f. difficulties in obtaining Goods, raw materials, labour fuel, parts of machinery;
g. power failure or breakdown of machinery.
h. Pandemic or Virus such as Coronavirus or Covid 19 or similar.
- Please note that we do not operate an organised distance selling scheme as defined by The Consumer Contracts (Cancellation, Information and Additional Charges) Regulations 2013. Therefore, if you choose not to view your vehicle at our premises prior to purchase, you will not be entitled to cancel your order under a 14 day cancellation period. All other statutory rights remain unaffected.
- Any agreement for the Company to purchase a vehicle or other goods in part exchange is subject to the following: (a.) The part exchange goods must be sole property of the Customer and the Customer must be entitled to sell them and (b.) The part exchange goods must be delivered in the same condition and with the same features as when they were examined by the Company.
- If these conditions are not met, the Company will not accept the Customer`s used motor vehicle and the Customer will pay the full price for the vehicle ordered.
- If delivery of the goods is delayed through no fault of the Company they will deduct an amount for depreciation of the part exchange goods. This amount will not exceed 3.5% of the agreed value of the part exchange goods for each complete 30 day period.
- If the goods to be supplied by the seller are new the following provisions will have effect: (a.) The goods supplied will comply with the description or model designation assigned by the manufacturer. The Company cannot be held liable for changes to the detailed specification made by the manufacturer and (b.) If after the date of this order and before delivery of the goods to the purchaser the recommended price for the goods increases, the Customer will be notified of the amount of the increase the Company intends to pass on to the Customer. The Customer can cancel the contract within 14 days of receipt by him of such notice, failing which such increase shall be added to the contract price for the goods.
- The Purchaser shall examine the Goods to be purchased (if such are available for inspection) and the Purchaser is reminded that the condition of satisfactory quality implied by the Consumer Rights Act 2015 does not operate in relation to such defects which such an examination ought to reveal. If the Goods are sold subject to defects that have been notified by the Seller to the Purchaser before the signing of the Contract, the condition of satisfactory quality referred to above does not operate in relation to those defects.
- Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet the specification is notified to the Seller, the Seller shall be entitled at its sole discretion either to replace or repair the Goods (or the part in question) free of charge or to refund the Purchaser the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Purchaser. All claims should be made within 30 days and the vehicle returned at the purchaser’s cost. Any refund after 30 days and within 6 months will be subject to the Directors approval and a deduction at a reasonable rate for usage, benefit, and any damage.
- Without prejudice to the clause above any claim by the Purchaser which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Purchaser) be notified to the Seller within 7 days from the date of collection of the Goods or the date of refusal of delivery as the case may be or (where the defect of failure is not apparent upon reasonable inspection) within a reasonable time after the discovery of the defect or failure. If delivery is not refused, and the Purchaser does not notify the Seller as above the Purchaser shall not be entitled to return or make any claim in respect of the Goods and the Seller shall have no liability for such defect or failure, and the Purchaser shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
- It is in the Customer`s own interest that all items of value and personal effects are removed from the vehicle before it is handed over to the Company for work to be carried out. If the Customer fails to do so, the Company cannot accept responsibility for any loss.
- Repair charges are based on the labour and material costs involved in the work carried out. Except for parts that are returned under a manufacturer`s exchange or warranty scheme, all parts replaced will be disposed of unless the Customer ask for their return before work commences.
- All charges for servicing, repairs, upgrades, conversions and the supply of parts and accessories are payable on completion of the work and prior to the collection of the car. Payment can be by Debit or Credit card, Cheque or cash. Cheques will only be accepted to the limit of the issuer`s bank card. The Company reserves the right to dispose of the goods in accordance with Torts (Interference with Goods) Act 1977.
- Should a defect in the repairs or work undertaken develop within six months or 6,000 miles (whichever is the sooner) and is reported immediately, the Company will make every reasonable endeavour to rectify the problem free of charge if it is due to defective workmanship. Parts fitted are subject to manufacturers` warranties.
- In the event of a manufacturer altering its prices, the Company reserves the right to amend the specification and prices of all affected components.
- All estimates and quotations from the Company are valid for a period of four weeks from the date of issue.
- Customers are advised to inform their vehicle insurers of any specification changes to their vehicles, which might be deemed to depart from the vehicle`s original specification.
- WinSpeed Motorsport Ltd shall not be considered liable in respect of any defect arising from fair wear and tear, wilful damage, negligence or abnormal conditions (including track or track day use).
- Unless otherwise affected by the terms of the Consumer Credit Act, any part payments paid to the Company for the purchase of new and used vehicles are not refundable unless an agreement is made in writing at the time of placing the order.
- All vehicles being delivered to the Company for routine service work need to be supplied with locking wheel nut key, alarm key, radio code, radio fascia, etc and all relevant documents i.e. service book, and current MOT certificate. Vehicles supplied for service/repairs must be supplied with adequate fuel. Customers will be charged for any refuelling.
- Any vehicles consigned to the Company for sale on the Customer`s behalf remain the property of the Customer under the terms and conditions of the Sale or Return Agreement. Any work undertaken to prepare the car for sale is for the Customer`s account and this account must be settled prior to the removal of the vehicle from the Company`s premises in the event of the vehicle remaining unsold.
- Purchasers of Classic vehicles have to be aware that these vehicles are a number of years old and it is not possible to give a warranty against bodywork and mechanical defects unless specifically arranged.
- Items including vehicle will accrue storage charges from ten working days after the Customer has been notified that they are ready for collection.
- Whilst the Company will endeavour to assist, where possible, it cannot be held responsible for any advice given freely and any consequences thereof.
- All vehicles left with the Company for repair or Sale or Return must remain insured by the owner to a minimum level of Third party, Fire & Theft. It is not possible to keep all vehicles in dry storage and it is likely that vehicle will be left outside during the course of their time with the Company.
- The Customer agrees and recognises that all intellectual property rights in goods supplied by the Company remain with the Company and do not pass to the Customer.
- Notices under this contract will be deemed served two days after posting by first class post.
- All dealings between the Company and the Customer are subject to the law of England & Wales.
- The Company shall not be liable in damages due to any damage, delay or default in performance due to conditions beyond its control including, but not limited to, the Weather, the Passage of Time, Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary licence), wars, insurrections and/or any other cause beyond its reasonable control.