1. Any reference to Company/Seller shall mean Rogue Motorsport Ltd, Unit 5 & 6
Blue Lias Industrial Estate, Rugby Road, Stockton, Southam CV47 8HN who sell or
supply specialist motor equipment and accessories in the course of their trade
2. Buyer/Purchaser shall mean any person, sole trader, partnership, business,
body corporate or other entity. Where the Buyer purchases in the course of a
trade, profession, vocation, hobby or sport (where the buyer is a specialist or
enthusiast), it is agreed that such a buyer shall mean a trade buyer. Where a
person deals entirely as a consumer, statutory rights shall remain unaffected.
Where the term buyer appears within these terms it shall mean both trade and
consumer buyer/purchaser unless specified as relating to a trade buyer or
consumer buyer individually.
3. Goods or equipment shall mean the items detailed in the appropriate section
of our website or brochure.
4. Price shall mean the consideration due for purchase and shall exclude VAT
unless otherwise stated. Purchasers should note that prices quoted may vary
during the currency of brochures or website (upwards or downwards) and current
prices are quoted at the time of order.
6. "Working day" shall mean any day excluding Saturdays, Sundays and public
7. These conditions shall apply to all of the company's quotations and
contracts, orders (including telephone orders) for the sale or supply of goods
accepted by the company. For the trade buyer, any other terms or
representations, whether implied by statute, made prior to, collateral with or
subsequent to the contract or order are hereby excluded and shall not be binding
upon the company. For the consumer purchaser, representations shall only be
binding upon the company if confirmed in writing by the company.
8. Brochure descriptions, Web Site information and samples on display are
indicative only and any specifications, weights, measurements and technical data
(whether relating to performance or otherwise) are for guidance only and shall
not form a description within the meaning of the Sale of Goods Act (as amended).
Buyers are therefore required to check current specification, colours, weights
and measurements with manufacturers, prior to order, as no liability shall be
accepted by this company for any claim arising therefrom. Manufacturers also
reserve the right to amend specifications, without notice, in order to improve
products or where amendment becomes necessary.
9. The company reserves the right to amend technical or clerical errors in any
order without notice. In addition, the buyer shall ensure that all details
contained within the order are correct and no liability for any error or
inaccuracy shall lie with the company unless notified of such error within five
days of receipt of any document containing the said error.
LIMITATIONS UPON LIABILITY
10. Advice given by agents or servants of this company during telephone/Internet
orders is based entirely upon information given by the purchaser with no
inspection undertaken. No liability can therefore be accepted by the company for
incorrect advice given and all such advice should be checked by the purchaser
prior to order.
11. Where advice is given after visual inspection by agents or servants of this
company, such advice shall amount to an opinion only and the company shall not
accept liability for any inaccuracies. Additionally, goods supplied are supplied
only to correspond to the purpose for which goods of that kind are commonly
supplied and not alternative uses to which they may be put. No liability for
failure can be accepted by this company for such alternative use, amendment or
12. For trade buyers, the company is hereby excluded from any liability,
howsoever arising, in respect of any express or implied condition, warranty or
term, statement, representation whether statutory or otherwise, relating to the
goods supplied. The trade buyer accepts that he is best placed to insure against
losses which arise by virtue of any breach of this agreement and warrants that
he carries adequate insurance in this respect.
13. Compatibility of goods is not guaranteed where modifications or alterations
have been made to vehicles and the company shall, in such circumstances, and
entirely at its discretion, issue a refund or credit to the purchaser except
where goods are specifically ordered for the purchaser where no such refund or
credit will operate.
14. Where goods purchased by the buyer are alleged to be defective, the
purchaser agrees to return such goods to the seller for inspection and report
(without the seller replacing the said goods prior to such inspection). The
purchaser further confirms that it shall be reasonable for the seller to
inspect, repair or replace (at its option) such defective goods and allow
manufacturers to undertake inspections so as to allow production methods to be
modified. The purchaser also accepts that it is reasonable to inform the seller
of any interruption, defect or other failure prior to contacting independent
third parties or incurring additional expense and, in addition, to allow the
seller to remedy the defect, failure or interruption. Parts modified or adapted
by the purchaser shall no longer be warranted by the manufacturer nor shall the
company be liable for any failures resulting subsequent to modification.
15. Competition goods are supplied for specialist use. Life expectancy and
durability are greatly reduced and purchasers should note that any claim for
failure/wear & tear shall not be entertained by the company and it is agreed that
such use shall be a relevant circumstance for the Sale of Goods Act 1979 (as
amended). In addition, parts connected to parts supplied by this company may be
placed under stress where specialist/competition parts are used, and purchasers
should take advice from experts prior to purchase. Manufacturers may also limit
guarantees when components are installed for competition use.
16. Where goods are defective, incorrectly supplied, or otherwise in breach of
the implied terms of the buyers statutory rights, all losses which result from
loss of competition points, awards, loss of entry fees or other similar losses,
are excluded and shall not be reclaimable from the company. In addition, the
company shall accept no liability for death or personal injury.
17. No liability is accepted by the company where purchasers attempt to modify
or install components supplied where it is known or ought reasonably to be known
that the part supplied is incorrectly supplied, defective or otherwise not in
accordance with the order.
18. The company accepts no liability in respect of failure to supply or other
interruptions caused by matters beyond the reasonable control of the company,
including strikes, lockouts, civil disputes, acts of God, war or actions by
19. Quotations and estimates are given and prices are agreed exclusive of
carriage, packing, insurance and vat, and in the case of sales where the goods
are to be delivered by the seller to the buyer in a country outside the UK, of
any similar taxes, duties or import charges.
20 a. All goods will be paid for in advance of despatch. We do not offer a COD
20 b. All special order parts require full payment in advance.
21. Quotations are given on the assumption that no variation in the price will
be made by the manufacturer/sole importer and that Government levies remain
unaltered. In the event of such changes, the buyer shall be liable for the full
cost thereof without notice from the company. Buyers are hereby informed that
calling down of smaller quantities of material than ordered may increase the
overall price per unit, there being reduced economies of scale in order. The
resultant additional cost shall be the buyers.
TITLE AND DELIVERY
22. Title to the product shall not pass to the buyer until the company has
received payment in full. In the event that sums owing in respect of other items
ordered remain due, apportionment by this company shall take place without
prejudice to the right to retain title in respect of all goods ordered.
23. Delivery times will be quoted at time of order. All times given for despatch
or delivery are approximate and time shall not be of the essence. The buyer
agrees to allow 30 days in any written notice making time of the essence and
further agrees to accept full liability in respect of delayed or late delivery
or dispatch. In respect of special order goods, the buyer acknowledges that
further delays may occur and allows the company 45 days in any written notice.
In any event, delivery times are approximate and variable and beyond our
control. When delivery is effected by the purchaser directly or to an
independent delivery contractor as agent for the purchaser, risk shall pass to
the buyer immediately.
24. The buyer is required to notify the company, in writing, of any shortage,
misdelivery or other discrepancy immediately, or at the latest within five days
of such failure, thereafter the buyer shall be liable for any such discrepancy.
Where delivery is effected to the buyers own delivery contractor, loss or damage
in transit claims should be made directly to the carrier. The company will
assist purchasers in making their claim. Buyers should retain all packaging in
the event of a claim or return within the terms of this agreement.
CANCELLATION OF ORDERS AND LIABILITY (Consumer protection distance selling
25. A consumer buyer shall have the right to cancel any contract for goods made
in accordance with these Terms and Conditions within seven working days of
delivery of the goods. Special order goods shall not be returnable under any
26. Cancellation of the contract can be effected in writing and signed on behalf
of the buyer and delivered either by fax 01926 815753 or by first class post to
the company's address as above.
27. If a Notice of Cancellation is received by the company in accordance with
clause 26 the consumer buyer shall become liable to return the goods to the
company forthwith, to such address as directed by the company in their original
packaging (and without having been installed or used) and at the consumer
buyer's sole expense.
28. If the consumer buyer fails to return the goods in accordance with clause 29
within 7 days of the cancellation of the contract, the company shall be entitled
to collect the goods from the consumer buyer and to recover any costs involved
in such collection from the consumer.
29. The company shall then effect a refund of any monies owing to the consumer
buyer in respect of the goods within 30 days from the date of cancellation of
the contract. Such a refund will be subject to any set off of monies to which
the company is entitled under clause 30.
30. Goods delivered to the buyer (including a trade buyer) may be returned, (at
own cost) to the company in original packaging (and without being installed or
used) for credit within 7 days of receipt by the buyer, subject to a restocking
charge of not less than 10% of the value of the order, and loss of original
carriage. Special order goods shall not be returnable under any circumstances.
31. Without prejudice to the right of the consumer buyer to cancel under clause
26 the buyer shall indemnify the company against all actions, claims, demands,
penalties and cost brought by or incurred by third parties or this company in
tort, contract, infringements of or alleged infringements of patents or
registered designs or otherwise arising in connection with the goods or their
delivery or unloading or with work done by the company in accordance with the
32. The buyer confirms that he shall comply with any or all rules relating to
installation of the product concerned and fully accepts that any loss which
results from forced, misdirected, inappropriate or unqualified installation
shall not be accepted by the company.
33. This agreement shall be interpreted in accordance with English Law and
industry custom and practice, and English courts shall have sole jurisdiction in
respect of any dispute arising therefrom. In respect of Internet sales,
jurisdiction or the agreement shall be with English Law.