Terms And Conditions Of Use
For the purpose of this document the ‘Company’ will be deemed to be Amber Performance and the ‘Purchaser’ will be any Trade or Retail customer entering into the acquisition of parts by means of sale from the ‘Company’
Whilst illustrations & specifications within this site are as accurate as possible at the time of production, alterations in details may occur as designs & specifications are improved from time to time. The Company accordingly reserves the right to supply goods conforming to the latest designs & specifications & the Purchaser shall have no claim in respect of any discrepancies between the goods supplied & those described in such illustrations or specifications. The contents of this website may not be re – produced or used in whole or part without our prior permission.
2. ILLUSTRATED PRICES
These should be presumed to be correct, however should not necessarily be considered firm or binding. The company reserve the right therefore to invoice goods at the prices in force at the time of despatch from the Company’s premises. Prices are thus subject to alteration without notice. All prices are exclusive of VAT unless otherwise stated.
For goods being offered ex – stock (subject to being unsold) prices are held firm for a period of four weeks. All other quotations are to be considered subject to alteration without notice. The right is reserved to amend any accidental errors and / or omissions on quotations or invoices.
4. AMENDMENT OR CANCELLATION
Whilst every effort will be made to meet the Purchasers individual requirements, amendments or cancellation of an order or any part thereof can only be accepted by prior arrangement. Special order items cannot be cancelled.
5. RETURNED GOODS
Goods purchased by mail order that prove unsuitable may be returned for refund, credit or exchange if they are returned to the Company within 7 days of receipt, subject to the following conditions.
Items are returned carriage paid, unused and in their original condition to secure a refund. Items must be returned complete with all packaging in good condition. The Company is not obliged to make any offer to refund, credit or exchange goods if received outside the 7 day period. Items not returned within 7 days will be subject to a re–stocking fee of not less than 15% (this does not affect statutory rights) should the Company agree to accept the goods. We cannot accept for return non - stock / special order items once supplied unless there is a specific manufacturing defect. We cannot accept responsibility for returned goods which are undelivered, retain your proof of postage for use in the event of any claim. The Company is not responsible for any costs incurred during fitting or removal of any allegedly faulty (or incorrectly supplied) goods (see point 13.). To offset the cost of order processing, the Purchaser will be charged a handling fee in accordance with costs incurred by the Company on all returned goods unless the Company accepts liability for any unsuitable or faulty item. An amount no greater than 25% of the original purchase price will be applied.
6. PURCHASER REFUNDS
The Company upholds its obligation to complete any agreed refunds as promptly as possible & in a period of time no greater than 30 days from receiving written confirmation from the Purchaser of their intention to cancel or return goods subject to points made in section 5.
On ANY non stock or special order item we reserve the right to charge a deposit of £100.00 or 25% of the order value (if full advance payment is waived) to the Purchasers which is non returnable in the event of cancellation, based on the Purchasers implicit instruction to order the goods on their behalf. In the event of full payment in advance we reserve the right to withhold either £100.00 or 25% (whichever is greater) of the total order value from any refund agreed due to cancellation by the Purchaser.
Discounts are available on certain products for large volume orders & quotations are available upon request
Whilst every effort is made to adhere to delivery dates offered, no liability can be accepted by the company in the case of non-delivery or delayed delivery due to circumstances that may be beyond the Company’s control. The Purchaser shall not be entitled to cancel any order or withhold any payment due to lateness or failure of delivery unless agreed with the Company (terms of point 7 may apply). The cost of delivery by private or public carriers (England, Scotland & Wales) will be invoiced to the Purchaser unless otherwise agreed. Some products are made to order, Samco delivery, is typically 2-4 weeks, AP racing brake kits, 4-6 weeks. If unsure, please contact before purchase.
10. CARRIAGE etc.
A charge may be made to cover carriage, post, packing & insurance where applicable. Where, we, at our discretion or at Purchasers request insure goods, charges for insurance will be made on invoice. Our liability will be limited to the amount received by us under such insurance or the value of the goods whichever is the less, from which deduction may be made for expenses. Carriage & insurance charges incurred by the supplier will not be credited in case of returned goods.
11. DAMAGE / LOSS IN TRANSIT
Partial loss or damage in transit must be reported in writing to the carriers (otherwise than upon the carriers documents) & to the Company within three days of receipt of the goods. Any damaged goods & packing must be brought to the attention of the delivering representative at time of receipt & signed accordingly that the goods have not been received in good condition. Any damaged goods & packing must be retained by the Purchaser for inspection. Claims are the responsibility of the Company providing the above conditions are fulfilled. Non-compliance will place the full responsibility upon the Purchaser. In the case of return or despatch of goods from the Purchaser to the Company, full insurance cover is the responsibility of the Purchaser. Non-arrival of goods in transit must be advised in writing to both the carriers & the Company within 14 days from the date of advice of despatch.
In accepting proprietary goods delivered by the supplier, the Purchaser shall be deemed to accept the manufacturers conditions of sale.
Ownership of the goods shall not pass to the Purchaser until the Company receive full payment in respect thereof (and in case of payment by cheque until the same has been honoured) if notwithstanding that the ownership in the goods has not passed to the purchaser.
If any defect in the goods is proven to be due to faulty workmanship or materials & the goods are returned to the Company within 6 months of delivery (unless otherwise stated), postage paid, the Company will replace them free of charge to the Purchaser (this may exclude items where general wear & tear are a contributory factor or be at the manufacturers discretion). All other warranties & conditions statutory or otherwise & whether express or implied as to the quality of the goods or their fitness for any particular purpose, even when that purpose is known to the Company, are hereby excluded. Clear details of the purchasers claim must accompany any warranty return along with a copy of the original invoice. Any claim will be excluded without the correct documentation being supplied. Manufacturers warranties are limited to repair or replacement of parts at the discretion of the manufacturer, no refunds will be given.
15. PURCHASERS CLAIM
Faulty goods shall form the subject of any claim for labour costs or any other expenditure whatsoever incurred by the Purchaser & the Company shall not be responsible for any loss or damage arising out of any such fault.
16. TERMS OF PAYMENT
Terms are, payment in advance, unless special terms have been agreed. Advance payment (unless otherwise agreed) is required irrespective of quoted delivery time or manufacture of special order goods. The Company reserve the right to invoice interest at the rate of 2% per month or part month on all sums not paid by due date should extended terms be agreed.
17. NEW ACCOUNT
The right is reserved where new accounts are involved either (a) to request a remittance with order or (b) to issue a pro – forma invoice or (c) request two trade and one bank reference.
18. APPLICABLE LAW
The contract shall be constructed in accordance with the laws of England and the Purchaser hereby submits itself in the jurisdiction of the English courts.
a. Prices as quoted are ex – warehouse exclusive of packing and all other charges relating to the export of goods from this country unless expressly specified to the contrary
b. All possible information should be given with other regarding import licenses, shipping marks & insurance instructions. We are not responsible for damage in transit & goods will normally be insured at customers expense against all risks unless instructed otherwise.