NOTE: These terms and conditions (Warranty Terms) are the Limited Lifetime Warranty Terms & Conditions referred to in the Company’s Terms and Conditions of Supply (the Supply Conditions).
They provide details of the eligibility, extent of cover and claims procedure for the Limited Lifetime Warranty offered on sales of certain Products manufactured and supplied by the Company, and should be read in conjunction with the Supply Conditions, which are expressly incorporated into these Warranty Terms. Note that this warranty is subject to certain exclusions (see paragraph 4 below) and conditions (see paragraph 5 below).
CONSUMER RIGHTS: If you a consumer, you have statutory rights in relation to the Product supplied, and nothing in these Warranty Terms will affect or restrict these statutory rights. If you have any doubt about your statutory rights, please contact your local Trading Standards Department or Citizens Advice Bureau.
1. Interpretation
Unless the context otherwise requires, all words and phrases defined or otherwise referred to in the Supply Conditions shall have the same meanings when used in these Warranty Terms. The following definitions also apply in these Warranty Terms:
Buyer: the customer who purchased the Product from the Company pursuant to the Supply Conditions
Company: Prospeed Motorsport Limited (company number 4393770), registered office Bell Hall, Escrick, York, Yorkshire YO19 6HL
End User: any person (including a consumer) possessing the Product following resale or supply by the Buyer
Product: any product supplied to the Buyer by the Company (including any part or parts of it) which qualifies for this Limited Lifetime Warranty as described in paragraph 2
Supply Conditions: means the Company’s Terms and Conditions of Supply upon which the Company supplied the Product to the Buyer
2. Products qualifying for the Limited Lifetime Warranty
This Limited Lifetime Warranty applies and is limited to non-electrical automobile components manufactured by the Company after 01/01/2013 (“Products”) sold by the Company to Buyers within the United Kingdom of Great Britain and Northern Ireland and Europe:
3. What this Limited Lifetime Warranty covers
(a) Subject to the other provisions of these Warranty Terms, the Company guarantees to the Buyer that each Product will be free from defects in material and workmanship for the usual lifetime of the Product (which the Company defines as a period of 25 years from the date of the Buyer’s purchase).
(b) Subject to compliance by the Buyer with these Warranty Terms, if after inspection the Company finds that the Product does not conform with the warranty in paragraph 3(a), the Company will (at its discretion) repair or replace the defective Product or refund the original price the Buyer paid for the defective Product (subject to the other provisions of these Warranty Terms).
4. Exclusions
The Limited Lifetime Warranty will not apply:
(a) if the defect has arisen because the Company’s written instructions regarding correct installation, use, cleaning and/or routine maintenance of the Product concerned has not been followed (or, if there are none, good practice is not followed);
(b) if the defect has arisen because the Product has been deliberately or accidentally damaged, misused, abused or treated negligently;
(c) (without prejudice to paragraphs 4(a) or (b)) if the vehicle on which the Product has been installed has been used to participate in any race, rally, test, contest or training event.
(d) if an attempt has been made to alter, dismantle, modify or repair the Product has been made without the Company’s written consent;
(e) if the Product concerned has been manufactured in accordance with drawing, design or specification supplied to the Company by the Buyer;
(f) to normal wear and tear of non-durable parts or components such as, but not limited to, surface finishes, seals.
(g) if the Company has not received full payment for the price of the Product from the Buyer;
(h) if any previous claim has been made under the Supplier’s Limited Lifetime Warranty which involved fraudulent action on the Buyer’s part;
(i) if the Buyer does not reasonably co-operate with the Company and its agents in progressing any claim made under the Limited Lifetime Warranty.
5. Conditions
This Limited Lifetime Warranty is subject to the following conditions:
(a) the Buyer must comply with the provisions of paragraph 6 (Claims Procedures) below if the Buyer wish to make a claim;
(b) the Product concerned (or the part of the Product concerned which is defective) must be returned to the Company at the Buyer’s own expense, (or where this is not reasonably practicable, the Buyer must make the Product available for inspection by the Company) as the Company may request; and
(c) the Buyer must supply evidence of the purchase (and relevant purchase date) of the Product in accordance with the claims procedure outlined below.
(d) The Company reserves the right to replace any Product that has been discontinued with a new product of comparable value and function.
6. Claims procedure
(a) All claims under the Limited Lifetime Warranty must be notified to the Company by the Buyer in writing to the Company’s address stated in paragraph 1 above as soon as possible after the Buyer becomes aware of the event or circumstances giving rise to the claim, and in any event before the expiry of the period referred to in paragraph 3(a).
(b) Upon receipt of a claim under the Limited Lifetime Warranty, the Company will issue a claims form to be completed, signed and returned by the Buyer, together with evidence of the purchase of the Product and details of the claim.
(c) The Buyer must give the Company sole control over and conduct of all matters relating to or giving rise to any claim the Buyer makes under the Limited Lifetime Warranty. The Buyer agrees that the Company may take such action as the Company deem necessary to investigate and resolve the matters relating to or giving rise to the Buyer’s claim, and the Buyer must give the Company such assistance as the Company reasonably require from time to time.
7. Limitations of Company’s Liability
(a) This Limited Lifetime Warranty does not confer any rights other than those expressly set out in these Warranty Terms. Subject to paragraph 7(b) all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the scope of this Limited Lifetime Warranty.
(b) Nothing in these Warranty Terms excludes or limits the liability of the Company:
(i) for death or personal injury caused by the Company’s negligence; or
(ii) under section 2(3), Consumer Protection Act 1987; or
(iii) for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or
(iv) for any liability incurred by the Buyer as a result of any breach by the Company of the condition as to title or the warranty as to quiet possession implied by section 2 of the Supply of Goods and Services Act 1982; or
(v) for fraud or fraudulent misrepresentation.
(c) Subject to paragraph 7(b) above:
(i) the Company’s total liability under the Limited Lifetime Warranty shall be limited to the original purchase price of the Product concerned; and
(iii) the Company shall not be liable to the Buyer for loss of any actual or anticipated profit, loss of business or capital or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arises out of or in connection with the Product.
8. Indemnity from Buyer
(a) The Buyer agrees to indemnify the Company against all costs and expenses incurred by the Company arising out of or in connection with any claim made by the Buyer under the Limited Lifetime Warranty which is invalid or not covered under the Limited Lifetime Warranty for any reason.
(b) The costs and expenses covered under the indemnity from the Buyer in paragraph 8(a) will include, without limitation, the Company’s costs and expenses associated with any visit(s) and works undertaken by the Company, which will be chargeable to the Buyer at the Company’s standard rates from time to time.
9. Miscellaneous
(a) The Limited Lifetime Warranty is personal to the Buyer. The Buyer may not assign or transfer or in any way make over the benefit of the Limited Lifetime Warranty to the End User or any third party without the Company’s prior written consent.
(b) Any failure by the Company to exercise or enforce any right under these Warranty Terms will not constitute a waiver of that right nor prevent the Company exercising or enforcing it or any other right the Company may have at any subsequent time or times.
(c) If any provision of these Warranty Terms is held by a court or administrative body of competent jurisdiction to be unenforceable, the validity of the other provisions of these Warranty Terms will not be affected.
(d) The Company may from time to time vary or add to these Warranty Terms by giving the Buyer reasonable prior written notice.
(e) The formation, existence, construction, performance, validity and all aspects of these Warranty Terms shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
10. Copies of this Limited Lifetime Warranty
Additional written copies of this Limited Lifetime Warranty can be obtained upon request by writing to the Company at the Company’s address stated in paragraph 1 above.