LUEGO
SPORTS CARS
CONDITIONS OF SALE
1
Definitions
In these conditions, unless the context requires otherwise:
1.1
'Delivery Date' means the date specified by the Seller when the
goods are to be delivered and unless otherwise agreed in writing
are estimates only;
1.2 'Price' means the price for the Goods excluding carriage, packing and
insurance;
2 Conditions applicable
2.1
These Conditions shall apply to all contracts for the sale of Goods
by the Seller to the Buyer to the exclusion of all other terms and
conditions.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer
to purchase Goods pursuant to these Conditions.
2.3 Any variation to these Conditions (including any special terms
and conditions agreed between the parties) shall be inapplicable
unless agreed in writing by the Seller.
3 Price and payment
3.1
The Price shall be the Seller's quoted price.
3.2 Payment of the Price shall be due when the Buyer is
notified that the Goods are ready for collection or delivery.
3.3 If payment is by credit card a 3% surcharge on the price will
be made, but not if it is a debit or Switch card.
3.4 Interest on overdue invoices shall accrue from the date when
payment becomes due from day to day until the date of payment at
a rate of 4% above Barclays Bank plc's base rate from time to time
in force and shall accrue at such a rate after as well as before
any judgment.
4 The Goods
The quantity and description of the Goods shall be as set out in
the Seller's quotation.
4.1
The Seller reserves the right to modify Goods without prior notice
in the interests of product development provided their quality and
performance is not materially affected.
4.2 Unless incorporated in the Seller's quotation illustrations
are intended to be of a general informative character and not to
be incorporated in the specification of the Goods.
4.3 Any logos placed on the Goods b y the Seller shall be retained.
5 Warranties and liability
5.1
The Seller warrants that the Goods supplied will at the time of
delivery correspond to the description given by the Seller.
5.2
Providing the Goods have been properly assembled, used, maintained
and installed the Seller will pass on to the Buyer the benefit of
any manufacturer's warranty or guarantee given to the Seller but
if there is no such warranty or guarantee will repair or replace
any part of the Goods which is found to be defective due to faulty
materials workmanship or design within 6 (six) months of delivery
or before undergoing 1,000 (one thousand) miles in the car whichever
event happens the sooner. The Seller can require allegedly defective
Goods to be returned to the Seller at the Buyer's expense for inspection.
If the Goods prove defective with the terms of the Seller's Warranty
the reasonable costs of the return of the Goods shall be refunded
to the Buyer.
5.3 The Seller's liability for loss or damage to property arising
from its proven negligence as a result of this Contract shall be
limited to £200,000.00 (Two Hundred Thousand Pounds) each
incident.
5.4 Except where the Buyer is dealing as a consumer (as defined
in the Unfair Contract Terms Act 1977 Section 12 as amended and/or
the Unfair Terms in Consumer Contracts Regulations 1999 Regulation
3(1)) all other warranties, conditions or terms relating to fitness
for purpose, quality or condition of the Goods, whether express
or implied by statute or common law or otherwise are excluded to
the fullest extent permitted by law.
5.5 Nothing in these Conditions shall affect or diminish the Statutory
Rights of a Buyer dealing as a consumer as before mentioned.
6 Delivery of the Goods
6.1
Delivery of the Goods shall be made to the agreed delivery point
on the Delivery Date.. The Buyer shall make all arrangements to
take delivery of the Goods whenever they are tendered for delivery.
The Delivery Date shall be extended by a period equal to the period
the Seller is unable to supply the Goods or perform installation
by any cause beyond its reasonable control.
6.2 The Seller shall be entitled to cancel the Contract if the Buyer
refuses or frustrates delivery and treat this as a repudiation of
the Contract by the Buyer.
6.3 Advice of non-arrival of Goods must be notified to the Seller
as soon as possible but in any event within 10 days of receipt of
invoice or date of dispatch whichever event happens the sooner
6.4 Claims by the Buyer relating to damage or shortages of Goods
must be made in writing within 3 (three) days of delivery.
7 Acceptance of the Goods
7.1
The Buyer shall be deemed to have accepted the Goods 24 hours after
delivery to the Buyer.
7.2 After acceptance the Buyer shall not be entitled to reject Goods
which are not in accordance with the contract.
8 Title and risk
8.1
Title shall pass when the Goods have been fully paid for and in
default of payment as provided hereunder the Buyer shall allow the
Seller access on reasonable notice to collect the unpaid for Goods
and where necessary to disconnect or otherwise remove installed
Goods (damage being done by the Seller promptly being made good)
8.2 Risk shall pass on delivery of the Goods.
9 Remedies of Buyer
All copyright design and other intellectual property rights of the
Seller arising out of this contract are reserved to the Seller who
however licenses the Buyer to use the same to allow the Buyer the
full enjoyment and use of the Goods and services provided by the
Seller hereunder.
10 Proper law of contract
This contract is subject to the law of England and Wales.
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