Terms and Conditions of Sale
The following terms and conditions (“the Conditions”) are the terms on which JP Exhausts Limited (“the Company”) sells products, in addition to any other terms and conditions agreed previously.
The description and quantity of the Goods to be sold (“the Goods”) shall be as set out in the sales invoice. The Company reserves the right to change product images and specifications at any time without notice.
Where the Goods are to be delivered, the Company shall deliver the Goods to the Buyer’s address or an alternative address notified at the time of ordering. The Buyer shall make all necessary arrangements to take delivery of the Goods. Time shall not be of the essence for delivery.
The Company must be advised in writing by recorded delivery of any defects or shortages in the Goods as soon as they are discovered by the Buyer, who shall be deemed to have accepted the Goods if they have not been rejected on or before the seventh day after delivery. The Buyer shall not be entitled to reject the goods in whole or in part thereafter. Goods fitted are deemed accepted upon leaving the premises.
4. TITLE AND RISK
The Goods shall be at the risk of the Buyer following delivery and, notwithstanding delivery, title in the Goods shall not pass to the Buyer until the Buyer has made payment of all sums owing to the Company failing which the Company shall have the right to repossess or otherwise to recover the Goods. Until title passes the Buyer shall hold the goods as bailee for the Company and shall store or mark them such that at all times they can be identified as the Company’s property.
(i) The lifetime Guarantee offered with stainless steel exhaust systems extends only, to guarantee that the stainless steel will not corrode for the period specified. No claims will be accepted where the exhaust system has been improperly maintained. (Rubbers and mountings should be checked at least annually and the system should be cleaned with a recommended cleaner periodically in order to maintain its appearance).
(ii) High flow sports catalysts, flexes and downpipes are covered by a 2 year / 80,000Km warranty.
(iii) The Guarantee extends only to the value on replacement, of the accepted goods by the Company as faulty from the original user and does not cover any consequential loss or damage or any other expenses.
(iv) The Goods must be returned to the Company’s Head Office at the buyer’s own cost, together with the sales invoice (plus supply invoice if trade resale) in the event of any claim arising.
(v) The Guarantee does not cover defects or faults which may arise by reason of neglect, misuse, modification or wrongful application. In addition, the Guarantee does not include where damage has been caused as a result of any defect or malfunction of any other part of the vehicle.
(vi) The Company does not guarantee that any exhaust systems are suitable to be used on vehicles which are to be driven on the public highway and cannot accept responsibility for systems which do not meet legal requirements.
(vii) Where part exhaust systems are fitted, the Company cannot accept liability for any subsequent damage to any part of the exhaust system which is caused as a result of defects in the exhaust parts which were not replaced.
(viii) No guarantee can be made by the Company with regards to the sound and performance of exhaust systems on any vehicles.
(ix) No guarantee is applicable where parts have been used in non-standard applications (i.e. nitrous oxide / NOS or where damage has occurred in lowered cars going over speed bumps for example) or where modifications have been made to increase the power of the vehicle beyond 33% of its original specification.
(x) Where vehicles use our workshop facilities your attention has been drawn to the displayed signs which state that all ramps and equipment are used on vehicles entirely at the vehicle owner’s risk.
(xi) Where the Goods are fitted in our workshop, no claims for negligent damage to property by the Company can be considered once the vehicles have left the premises.
(xii) The Buyer must follow the current procedures for warranty claims as specified by Exhausts UK Ltd/Cobra Sport and the Company reserves the right to change procedures at any time with written notification.
6. LIMITATION OF LIABILITY
(i) Save in respect of personal injury or death due to the negligence of the Company, the Company shall not be liable to the Buyer in respect of any loss suffered by the Buyer due to any defect in the goods.
(ii) Without prejudice to clause 6(i) the Company shall not be liable to the Buyer or any third party for any loss of profit, consequential or other economic loss suffered by the Buyer arising in any way from this Agreement.
7. FORCE MAJEURE
The Company shall not be liable for any default due to any circumstances beyond the reasonable control of the Company including, but not limited to, Acts of God, war, civil unrest, riot, strike, lock-out, acts of civil or military authorities, fire, flood, earthquake or shortage of supply.
(i) If any term or provision of these Conditions is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
(ii) The Company may without the consent of the Buyer sub-licence its rights or obligations or any part of these Conditions.
(iii) The headings in these Conditions are for ease of reference only and shall not effect the interpretation of any of the Conditions.
9. THIRD PARTY RIGHTS
Notwithstanding any other provision of this agreement, nothing herein shall confer not 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.
10. GOVERNING LAW AND JURISDICTION
The laws of England and Wales shall govern this agreement.
11. RIGHTS OF CONSUMER
Nothing in these Conditions shall affect the statutory rights of a consumer.