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TERMS AND CONDITIONS

 

Application and entire agreement

 

1. These terms and conditions will apply to the purchase of the goods detailed in our application lists as provided (Goods) by the buyer (you, your) from Prosport Performance Ltd a company registered in England and Wales under number 08169028 whose registered office is at Unit 4 Hurricane Close, Salisbury, Wiltshire, SP4 6LG (we, our or us).

2. These terms and conditions will be deemed to have been accepted by you when you accept them during the purchase sequence or from the date of delivery of the goods (whichever happens earlier) and will constitute the entire agreement between us and you.

3. These terms and conditions apply to the purchase and sale of Coilover Kits, Lowering Spring Kits and Wheel Spacers (product(s)) between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

4. These terms and conditions are in addition to and are not affected by the Consumer Rights Act 2015.

Identification data

1. Data relating to the identification of vehicles is as provided by the vehicle manufacturer. The use of trade names is solely for identification and descriptive purposes. Whilst every effort is made to accurately describe vehicle applications, variations may occur in OEM vehicle specifications which we may not be aware of. It is in your interest to be sure the vehicle is of standard specification and has received no previous modification(s) which may affect the installation of any of our products.

2. Specifications described are based on testing of standard production vehicles. Any modifications or variations from vehicle standard specifications may cause the result to be different from that which is described in our advertised information. Variations will occur due to individual vehicle specifications and changes to vehicle specifications can be implemented by the vehicle manufacturer during its production lifespan.

3. All products are designed and tested for installation in UK-specification vehicles (this means vehicles supplied by an approved UK retailer appointed by the vehicle manufacturer). Vehicles supplied to markets outside the UK may have different specifications which could affect the installation and/or performance of the product. Prosport cannot accept liability for any issue arising from attempted installation into a non UK specification vehicle or vehicle which does not comply with the manufacturer’s standard UK specification due to modification of the vehicle.

Interpretation

4. A “business day” means any day other than a Saturday, Sunday or bank holiday.

5. The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.

6. Words imparting the singular number include the plural and vice-versa.

Goods

7. The description of the goods is set out in our sales documentation (this includes, but is not limited to, trade application lists, web shop listings, quotations and invoices), including the Prosport web site unless expressly changed in our application data. In accepting the description of the Goods, you acknowledge that you have not relied upon any statement, promise or other representations about the Goods by us. Descriptions of the Goods set out in our sales documentation are intended as a guide only.

8. We can make any changes to the specification of the Goods for any reason and/or requirement to conform to any applicable safety or other statutory or regulatory requirements.
Retail Price

9. The Retail Price (Price) of the goods is set out in our web shop and is deemed to be current at the date of your order or such other price as we may agree in writing.

10. If the cost of the Goods to us increases due to any factor beyond our control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, we can increase the Price prior to delivery.

11. Any increase in the Price under the clause above will only take place after we have told you about it.

13. The advertised Price is inclusive of fees for transportation / delivery of the product to the address provided by you, except in cases where additional delivery charges apply.

14. The advertised Price is inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.

Cancellation and Alteration

16. Details of the Goods as described in the clause above (Goods) and set out in our sales documentation are subject to alteration without notice and are not a contractual offer to sell the Goods which is capable of acceptance.

17. Any quotation (including any non-standard price negotiated in accordance with the clause on Price (above) is valid for a period of 30 (thirty) days only from the date shown in it unless expressly withdrawn by us at an earlier time.

18. Either of us can cancel the order for any reason.

19. If the order is cancelled after the item has been dispatched from us, a handling charge of 15% will be applicable. Any credit issued in respect of a returned item will take the handling charge into account. Delivery charge(s) will not be refundable. An exception to this clause will apply if the goods are incorrectly supplied by us based on the information provided in your order.

Payment

20. You must pay the Price on placement of the order.

23. All payments must be made in British Pounds (GBP).

24. Both parties must pay all amounts due under these Terms and Conditions in full without any deduction or withholding except as required by law and neither party is entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part. Handling charges may be applied at a rate set by us on goods returned due to having been ordered incorrectly or no longer required.

Delivery

25. We will arrange for the delivery of the Goods to the address specified on your order or as provided to us previously or to another location provided in writing.

26. Subject to the specific terms of any special delivery service, delivery can take place at any time of the day and must be accepted at any time between 8am to 8pm.

27. If you do not take delivery of the Goods we may, at our discretion and without prejudice to any other rights:

a. Store or arrange for the storage of the Goods and will charge you for all associated costs and expenses including, but not limited to, transportation, storage and insurance: and / or

b. Make arrangements for the redelivery of the Goods and will charge you for any costs of such redelivery

28. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will
not be liable for any delay in delivery of the Goods that is caused by a circumstance beyond our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

29. You agree that in providing a name, address and any contact details, we are authorised to pass those details on to a third-party delivery agent. Personal details may be used by Prosport only for marketing purposes. Your personal details will not be passed to any other third-party. You can opt out of receiving marketing communications at the time of ordering by checking the relevant box at the checkout stage.

Acceptance

30. In accepting these terms and conditions you agree:

I. To have the Prosport Performance Ltd product installed by a trained professional vehicle technician with the relevant training and/or experience in carrying out performance suspension modifications.

II. Only to use the product within its advertised ranges of adjustment.

IV. To only use the product for normal road-use, as would be understood by “Social, domestic and Pleasure + Commuting” in the sense of a declaration to an insurance company.

V. To declare any modifications to your insurance company. 

Warranty Terms and Conditions                        

31. Prosport Performance Ltd (we, our, us) products are designed, manufactured and tested to comply with ISO 9001:2015 and/or TüV regulations¹. This means that our products meet the quality requirements set out on the Consumer Rights Act 2015 (CRA). Purchasers (you, your) of our products will be protected by both the CRA and our own warranty.

You can see the full details of the CRA online, the most important aspects of your protection under this act are as follows:

a. You have the right to reject any goods supplied by Prosport Performance Ltd within a period of 30 days from the purchase date and request a full refund if the goods are of unsatisfactory quality, unfit for purpose or not as described. The goods must be returned in their original packaging and must contain all parts as originally supplied. Any missing parts or damage to the component(s) may affect the amount refunded.

b. If a fault occurs within 6 months from the date of purchase you can return any component which has developed a fault and we can choose to repair or replace the part if a manufacturing defect has caused the fault. Replacement parts can be either new or refurbished units at our discretion. We will need to inspect* any claimed component before we can confirm that a manufacturing defect has caused the fault.

c. If a fault occurs between 6 and 12 months from the date of purchase, the CRA says that you will have to prove that the fault existed at the time of purchase. However, we will always treat any claim with an open mind and if we think there has been a genuine product failure we will honour claims during the 6-12 month period. As above we will need to inspect* any claimed component before we can make a judgement.

* We are very keen to make sure we deal with any issues in a fair way for all concerned, so because the law says that any goods with a suspected fault must be returned to the retailer (us) for inspection, and that is not always convenient or possible with car suspension parts, we offer these choices:

    1. Replacement parts can be supplied on payment of a deposit for each component. The deposit amount will be set by    Prosport depending upon the particular component involved. You will need to arrange to send the claim item to Prosport for inspection. If a manufacturing defect can be confirmed on inspection by Prosport, the deposit payment (including postage) will be refunded within 5 working days of receipt of the claim item, a completed claim form and any other documents requested by us.

    2. Alternatively products can be returned to Prosport for inspection and be replaced or repaired if required. If no      manufacturing defect exists, the replacement item will be chargeable at the retail price for the individual component. 

All warranty claims must be initiated by contacting the retailer who sold you the product.

In cases 1 and 2, a claim form/Technical Information Sheet will need to be completed in full and BEFORE removal of the claimed part(s). We will let you know about this at the time of arranging to send replacement part(s).

The warranty provides cover for all components supplied as part(s) of a Prosport Coilover kit, purchased from Prosport directly or from an approved Prosport distributor, against a manufacturing defect occurring within 12 months from the original purchase date. To keep the full cover provided by the warranty, you will need to have the product fitted by a trained professional and the product will need to be adjusted to the settings shown on the documentation provided when you purchase the product. Proof of purchase will be required.

Prosport Lowering Spring kits also have TUV certification (exceptions apply), these kits have a lifetime warranty for the original purchaser of a Sportspring kit purchased directly from Prosport or from an approved Prosport distributor. In the event of a claim, proof of purchase and identity will be required.

The warranty does not cover any labour costs and/or consequential damage whether directly or indirectly caused as a result of the installation of any Prosport Performance Ltd product. 

A warranty claim may be rejected or delayed if insufficient details are provided. Please make sure that all information requested on the Technical Information Form is provided.

¹ All of our products are manufactured and designed to be of the same quality however not all have current TüV certification. The web shop product listings will include confirmation of whether the kit has TüV or ISO 9001:2015 Certification.

 

Prosport Performance Ltd, Unit 4 Hurricane Close, Old Sarum, Salisbury, SP4 6LG

v.1.1 October 2018

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