Subject to the conditions set out below HEL Performance warrants that the Goods will correspond with their specification and will be free from defects in material and workmanship at the time of delivery.
The above warranty is given by HEL Performance subject to the following conditions:
HEL Performance shall be under no liability in respect of any defect arising from fair wear and tear willful damage negligence abnormal operating conditions failure to follow the HEL Performance instructions or misuse of the Goods without HEL Performances approval.
HEL Performance shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Goods has not been paid by the due date for payment.
HEL Performance shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the Goods have been altered or repaired in any manner outside of HEL Performances premises.
HEL Performance shall be under no liability in respect of any defect arising from use of the Goods in racing conditions or from modifications made to them.
HEL Performance shall be under no liability under brands other than HEL Performance or any unbranded Goods not of HEL Performances manufacture. Such Goods are sold subject to the conditions and guarantee (if any) of the manufacturer.
Subject as expressly provided in these Conditions and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Act 1977 ) all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law, and HEL Performance shall not accept any liability for consequential loss.
Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Buyer are not affected by these Conditions.
Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to HEL Performance within 7 days of the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused and the Buyer does not notify HEL Performance accordingly the Buyer shall not (except in respect of a defect or failure not apparent on reasonable inspection) be entitled to reject the Goods and HEL Performance shall have no liability for such defect or failure and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
Where the Buyer wishes to make any claim in respect of any of Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to HEL Performance, the Buyer must return the Goods to the HEL Performance premises within 30 days of delivery (failure to do so will render any claim void) carriage paid. If HEL Performance accepts the claim HEL Performance shall be entitled to replace the Goods free of charge or at our discretion refund to the Buyer the price of the HEL Performance Goods but HEL Performance shall have no further liability to the Buyer. Any HEL Performances Goods made to special order may not be returned unless defective.
HEL Performance may at its sole discretion accept return of Goods for credit, provided:
a handling charge of 20% may be levied at HEL Performances sole discretion
the goods are returned to HEL Performance, carriage paid, in resaleable condition.
Except in respect of death or personal injury caused by HEL Performances negligence HEL Performance shall not be liable to the Buyer by reason of any representation (except fraudulent) or any implied warranty condition or other term or any duty at common law or under the express terms of the Contract for any indirect special or consequential loss or damage (whether for loss of profit or otherwise) costs expenses or other claims for compensation whatsoever (whether caused by the negligence of HEL Performance by its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer or the provision of the Services and the entire liability of HEL Performance under or in connection with the Contract shall not exceed the price of the Goods or relevant Services except as expressly provided in these Conditions.
HEL Performance shall not be liable to the Buyer or be deemed in breach of the Contract by reason of delay in performing or any failure to perform any of the HEL Performances obligations in relation to the Goods or the provision of the Services if the delay or failure was due to any cause beyond HEL Performances reasonable control.