Terms & Conditions
Definitions
- Any reference to Company/Seller/We/Us shall mean RACETI LIMITED (referred to as raceTi),Suite 17 McCarthy’s Business Centre, Meanwood Road, Leeds, LS7 2AH, United Kingdom. Company Registration No. 09456306 UK VAT No.GB 207843702 who sell or supply specialist equipment and accessories in the course of their trade or business.
- Any reference to You/Buyer 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 assignees. Where the term Buyer appears within these terms it shall mean both Trade Buyer and Consumer Buyer unless specified as relating to a Trade Buyer or Consumer Buyer individually.
- 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 and that any Implied Statutory Rights will not apply to that contract (“Trade Buyer”). In respect of a contract with a Trade Buyer the raceTi Business Terms and Conditions shall also apply to that contract and if there is any conflict between the terms of the raceTi Business Terms and Conditions and these raceTi Consumer Terms and Conditions the raceTi Business Terms and Conditions will take precedent.
- Where a person deals entirely as a consumer (“Consumer Buyer”), we are under a legal duty to supply Goods that are in conformity with this contract. As a consumer, you have legal rights known as statutory rights which include, but are not limited to, rights regarding Goods that are of satisfactory quality, are fit for purpose and are as described (these rights are implied into a contract by the Sale of Goods Act 1979) and rights regarding defective or faulty Goods (these rights implied into a contract by the Consumer Protection Act 1987 (“Implied Statutory Rights”). Advice about your Implied Statutory Rights is available from your local Citizens’ Advice Bureau or Trading Standards office. These Implied Statutory Rights shall remain unaffected for Consumer Buyers by this contract.
- 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 (“Goods”).
- Price shall mean the consideration due for purchase and shall include VAT where a Buyer purchases through or via the brochure or catalogue. Buyers should note that prices referred to may vary during the currency of brochures (upwards or downwards). The price is exclusive of the cost of delivery and exclusive of Value Added Tax, customs duties and all other taxes, duties and expenses in respect of the Goods all of which (where applicable) shall be added to the order and be included in the total payment due from the Buyer in respect of such order.
Confirmation of Order & Price
- In respect of orders placed via the Internet, such orders shall be mere offers to purchase and shall not be accepted or binding upon raceTi until confirmed or acknowledged in writing by raceTi by means of invoice or statement confirming acceptance of your order or by dispatch of Goods to you. Confirmation by raceTi that an offer to purchase and/or payment has been received by raceTi shall not amount to confirmation or acceptance of an order.
- Current prices are quoted at the time of submission of order and whilst we use our best efforts to ensure that the prices of Goods are correct at the time when the relevant information is entered onto the order management system raceTi reserves the right to refuse any offer to purchase prior to the issuing of written confirmation of acceptance or despatch of the Goods if we discover an error in the price of Goods you ordered, if the Goods become unavailable, if there is an error in the description, if the price of the Goods has varied or for any other reason. If we refuse an offer to purchase a full refund of your payment will be made to you, in the method payment was originally made to raceTi.
- These conditions shall apply to all of raceTi quotations and contracts, orders (including telephone, facsimile transmittal, postal and internet orders) for the sale or supply of Goods accepted by raceTi. 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 raceTi. The placing of an Order for or the acceptance of the Goods by the Buyer shall indicate unqualified acceptance of these terms and conditions.
- Brochure descriptions, Web Site information are indicative only and any specifications, weights, measurements and technical data (whether relating to performance or otherwise) have been prepared by raceTi 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 manufacturers or raceTi, prior to order. Manufacturers also allow tolerances within the manufacturer of their Goods and also reserve the right to amend specifications, without notice, in order to improve Goods or where amendment becomes necessary and raceTi shall endeavour to inform the Buyer of any such amendment or change.
- raceTi 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 raceTi. Subsequent to delivery, raceTi shall accept no liability for any error or inaccuracy in any order.
Guarantees
- raceTi does not offer any guarantee on its Goods.
Cancellation of Orders and Returns
- Please see Delivery & Returns
- Special Order Goods shall not be returnable
Title & Delivery
- Ownership or Title to the product shall not pass to the Buyer until raceTi has confirmed acceptance of your order and received payment in full for your order
- Delivery times will be estimated at time of order and all times given for dispatch and/or deliveries are approximate and time shall not be of the essence. raceTi will use reasonable efforts to deliver the Goods without undue delay and will try to ensure Goods are delivered no later than 30 calendar days from the date of acceptance of your order (“30 Day Period”) unless an extended delivery period is agreed between the parties
- If the Goods are not delivered within either the 30 Day Period or a different period agreed between the parties the Buyer agrees to give raceTi at least 20 days written notice to deliver the Goods and making time of the essence raceTi (“the Extended Period”). If raceTi fails to deliver the Goods by the expiry of the Extended Period the Buyer shall be entitled to cancel the contract and raceTi shall issue to the Buyer a full refund. Goods The Buyer acknowledges in respect of Special Order Goods, that further delays may occur and allows raceTi 30 days in any written notice setting out the Extended Period for delivery raceTi.
- In any event, delivery times are approximate and variable. Risk shall pass to the Buyer immediately when delivery is affected to the Buyer directly or to an independent delivery contractor as agent for the Buyer.
- The Buyer is required to notify raceTi, in writing, of any shortage, mis-delivery or other discrepancy immediately, or at the latest within fourteen days of receipt of delivery. raceTi shall not be liable for any such discrepancy. Where delivery is affected to the Buyer’s own independent delivery contractor, loss or damage in transit claims should be made directly to the carrier however raceTi will use reasonable efforts to assist Buyer the Buyer in making a claim against the carrier. Buyers should retain all packaging in the event of a claim or return within the terms of this agreement.
- Delivery and packing prices indicated within raceTi Brochure and contained within the Delivery and Returns Page on the Internet Site are subject to change and will be confirmed at the time of order.
- Buyers outside the United Kingdom shall be quoted approximate prices for delivery and packing and for timescales of delivery prior to order confirmation, raceTi in such instances confirmation of acceptance of such quote shall be required from the Buyer prior to raceTi acceptance of order.
Limitations upon Liability
- Advice given by agents or representatives of raceTi during telephone/internet orders is based entirely upon information given by the Buyer with no inspection undertaken. As such, all advice given is indicative only and all such advice should be checked by the Buyer prior to order. Where advice is given after visual inspection by agents or representatives of raceTi, such advice shall amount to an opinion only. Additionally, Goods 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 raceTi for such alternative use, amendment or modification.
- For Trade Buyers, raceTi 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.
- 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 Buyers should note that any claim for failure/wear, shall not be entertained by raceTi. 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 raceTi and raceTi shall, in turn, place importance upon this clause. In addition, parts connected to parts supplied by raceTi may be placed under stress where specialist/competition parts are used, and Buyers should take advice from experts prior to purchase. Manufacturers may also limit guarantees when components are installed for competition use.
- Where Goods are defective, incorrectly supplied, delayed or otherwise in breach of the contract and/or the Consumer Buyers Implied 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 raceTi. In addition, raceTi shall accept no liability for death or personal injury unless caused directly by raceTi’s own negligence.
- raceTi strongly recommends that you seek the assistance of a fully qualified mechanic trained in servicing and maintaining your particular vehicle when fitting any raceTi product. raceTi will not accept any liability should you incorrectly install any product.
- raceTi does not accept any responsibility for any labour charges incurred during fitment or removal of Goods in any circumstances, including (but not limited to) whether Goods are allegedly faulty or incorrectly supplied.
- No liability is accepted by raceTi where Buyers attempt to modify or install components supplied where it is known or thought reasonably to be known to that Buyer that the part supplied is incorrectly supplied or otherwise not in accordance with the order.
- raceTi accepts no liability in respect of failure to supply or other interruptions caused by matters beyond the reasonable control of raceTi, including but without limitation, strikes, lockouts, civil disputes, acts of nature, war or actions by third parties.
- The Buyer confirms that they shall comply with any or all rules and instructions relating to installation and use of the Goods concerned and fully accepts that any loss which results from forced, misdirected, inappropriate or unqualified installation or use shall not be accepted by raceTi.
General
- Notwithstanding any other provision of this Agreement, nothing in this Agreement shall confer a benefit on any person or persons not named as the Buyer herein (for the purposes of the Contract (Rights of Third Parties) Act 1999 or for any other purpose).
- 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 non-exclusive jurisdiction in respect of any dispute arising therefrom.
- These Terms will apply to any contract between us for the sale of Goods to you. Please read these Terms carefully and make sure that you understand them, before ordering any Goods from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Goods from our site.
- You should print a copy of these Terms or save them to your computer for future reference.
Please note that telephone calls to raceTi may be recorded for training or monitoring purposes.
Company Registration No. 09456306 UK VAT No.GB 207843702