Nothing herein contained is intended to affect, nor will it affect, a Consumer’s statutory rights under The Supply of Goods and Services Act 1982, The Sale of Goods Act 1979, The Unfair Contract Terms Act 1977 or The Consumer Protection Act 1987 or any amendments thereof or statutory additions thereto.
In these Terms and Conditions:
Contract Shall mean the contract between the Company and the Customer
Company Shall mean Titan-x or any subsidiary or associated company thereof
Customer Shall mean the person, firm or company identified in or by means of the Contract as ordering parts, accessories or other goods or items.
1. Formation of Contract
All orders will be taken and all goods supplied by the Company subject to these terms and conditions and, subject to the statement on Consumer Transactions above, no other terms, conditions or warranties are to be implied into the Contract unless expressly accepted in writing by an authorised representative of the Company.
2. Quotations and Estimates
The Company shall only be bound by prices quoted in writing and for a specified time. Any prices exhibited on the Company’s premises or website constitute an Invitation To Treat only.
Where the Company provides a quotation to a Customer, that quotation shall be available for acceptance by the Customer for a maximum period of fourteen days, unless otherwise expressly agreed in writing by an authorised representative of the Company. The Company may by written or oral notice withdraw any quotation at any time prior to the Customer’s acceptance.
If between the date of contract and the date or dates of collection or delivery there are variations in the costs of manufacturers prices, transport, taxes or other costs or charges, then the contract price may be varied at the Company’s discretion. That is to say that, unless the Company’s quotation specifically provides for a fixed price contract, the prices ruling shall be those at the date of collection, dispatch or delivery.
Where the Company provides the Customer with an estimate for any parts, accessories or other goods, such estimate shall be provisional only and will be subject to variation in the price of such ordered items.
Unless otherwise stated, all prices are plus VAT @20% (UK rate) ; however, the Company shall be entitled to vary any price to reflect any increase in the rate of VAT.
Unless otherwise agreed in writing, the Customer must pay for all parts, accessories or other goods in full on order or, at the sole discretion of the Company, at or before delivery. Unless a cheque is supported by a banker’s card the Company may refuse to release the ordered goods until the cheque has been cleared.
No disputes arising under the Contract, nor delays beyond the reasonable control of the Company, shall interfere with prompt payment in full by the Customer.
Notwithstanding the provisions of clause 4., above mentioned, the Company reserves the right to require the Customer to pay a deposit on the ordering of parts, accessories or other goods, such deposit to be determined by the Company at the time of order or contract.
If the Customer shall fail to pay for the parts, accessories or other goods ordered in accordance with the provisions of the said clause 4., above mentioned, the Company shall be entitled to treat the Contract as repudiated by the Customer. In this event the Company may retain any deposit or part thereof without prejudice to the Company’s rights to recover from the Customer by way of damages any loss or expense which the Company may suffer or incur by reason of the Customer’s default and the Company shall be entitled to dispose of any parts or accessories as they shall think fit and shall not be under any liability to account to the Customer for the price received for such goods or for the said deposit.
6.1. Save for the provisions of sub-clause (2) hereunder, where the Customer is dealing as a consumer, the Customer has the right to cancel the contract for any ordered parts, accessories or other goods at any time before the expiry of a period of 14 working days beginning with the day after the day on which the Customer received the said parts, accessories or other goods. To exercise such cancellation right the Customer must give notice to the Company in any of the following ways:
- by a notice in writing delivered to the Company’s address;
- by a notice in writing sent by post to the Company’s address;
- by phone to the Company’s business number (01694 721290);
- by electronic mail to the Company’s electronic mail address (firstname.lastname@example.org)
- and such notice shall operate to cancel the contract between the Company and the Customer.
- Sub-clause (1) above shall not operate with respect to any items of software or other goods deemed by the Company as consumables or any goods which by their nature are liable to deteriorate or expire rapidly.
6.2. Subject as immediately aforementioned, where the Customer exercises their right to cancel, the Customer:
- must return the goods to the Company’s address ;
- must ensure the return is complete including all packaging;
- must ensure the returned item/s are in an unused condition and fit for resale
- shall be responsible for the cost of returning the item/s to the Company’s address;
- shall be under a duty to take reasonable care of the goods (including reusable packaging, manuals etc) until they are returned to the Company;
- shall be under a duty to take reasonable care to see that the item/s are received by the Company and not damaged in transit;
and provided such requirements are satisfied, the Company will reimburse any sum paid by the Customer or on the Customer’s behalf under or in relation to the contract including the original dispatch costs and any insurance which the Customer directed the Company to incur.
6.3. In the event that the Customer fails to satisfy the conditions of sub-clause (3) hereof or otherwise fails to return the item/s, the Company will charge the Customer the direct costs of recovering such item/s.
6.4 In the event that the customer ordered incorrect parts a 20% fee may be deducted from any issued refunds
7. Changes Required by the Customer
Any and all loss or expense occasioned to the Company as a result of changes required by the Customer to any order accepted by the Company, shall be fully reimbursed by the Customer to the Company.
8. Delivery and Carriage
Delivery commitments are entered into in good faith, but the Company shall not be liable for failure to deliver on any specified date nor shall such failure be deemed to be a breach of contract or any part of these terms and conditions.
Where the Contract requires delivery by instalments, each instalment shall be regarded as a separate contract and any defects in any instalment or failure to deliver any instalment shall not, save as may be otherwise provided by law, give the Customer the right to cancel the balance of deliveries due under this or any other contract between the parties.
All orders will be despatched in accordance with the Company’s current carriage policy. Where possible, the Company will endeavour to meet special delivery requirements subject to any and all additional costs of the same being borne by the Customer.
9. Failure to Take Delivery
If the Customer fails to accept delivery of any goods ordered in accordance with the provisions of the Contract, the Company shall not be bound to tender or re-tender the goods, but the Company shall have the right:
- To invoice such goods including the cost of non-acceptance for immediate payment.
- To sell the goods elsewhere and recover any difference in price including the costs of non-acceptance from the Customer.
- To make a reasonable storage charge for goods remaining on the Company’s premises longer than one month.
10.Passing of Risks
Subject to the provisions of these conditions, all risks shall pass to the Customer on delivery to or in accordance with the Customer’s instructions or, in the case of carriage, to the carrier. It shall be the responsibility of the Customer to arrange adequate insurance against all relevant risks.
The Customer shall 7 days from delivery of the goods to effect inspection and examination after which time the goods shall, subject to clause 6 hereof, be deemed to be satisfactory and shall be deemed accepted by the Customer.
11. Passing of Title in Goods
Title in all parts, accessories or other goods shall at all times remain vested in the Company until all monies due in respect of such parts, accessories or other goods have been paid in full and until any cheque tendered in payment has been honoured upon presentation. Until such time as such payment has been received by the Company, the Customer shall hold the parts, accessories or other goods as bailee, store them in such a way that they can be identified as the property of the Company and keep them separate from the Customer’s own property and the property of any other person.
Although all goods remain the property of the Company until paid for, they shall be at the Customer’s risk from time of delivery or collection and the Customer shall hold the proceeds of any insurance against loss or damage on behalf of the Company as trustee for the Company.
The Customer’s right to possession of the goods shall cease if:
- upon presentation to a bank of any cheque tendered in respect of payment for goods it is returned dishonoured; or
- the Customer has not paid for the goods in full by the expiry of any credit period allowed by the Company; or
- the Customer is declared bankrupt or makes any proposal to his creditors for a composition or other voluntary arrangement; or
- a receiver, liquidator or administrator is appointed in respect of the Customer’s business
On cessation of the Customer’s right to possession of the goods pursuant to this clause the Customer shall at his own expense make the goods available to the Company and allow the Company to repossess them.
Further, the Customer hereby grants the Company its agents and employees an irrevocable licence (such licence to subsist notwithstanding termination of contract for any reason) to enter any premises where the goods are stored in order to repossess them or inspect them at anytime.
12. Delays & Force Majeure
In the case of ordered parts, accessories or other goods the Company Titan-x will use its best endeavours to ensure availability of the same by the date and time requested. However, the Company can offer no guarantee with respect to the provisions of this clause and cannot accept responsibility for delay resulting from the none or late availability of parts, spares, accessories or other reasons beyond its control.
In the event of the performance of any obligation accepted by the Company being prevented, delayed or in any way interfered with by any direction of government or other competent authority, industrial dispute, strike, breakdown of plant or machinery, accident, fire or by any other cause beyond the Company’s reasonable control the Company may, at its sole option, suspend performance or cancel its obligation under the Contract without damage or consequential loss arising.
Please note, All goods manufactured by Titan-x and supplied to you are for competition use only, titan-x manufactured parts are guaranteed free from manufacturing defects only, it is the Buyers responsibility to check parts before fitting or use, spares, accessories or other goods supplied by the Company Titan-x will be entitled to the benefit of any warranty given by the manufacturers of any such items. This will not affect the Customer’s statutory rights.
14 Limitations upon Liability
14.1. Advice given by Titan-x during Telephone, email or Internet orders is based entirely upon information given by the Buyer with no inspection undertaken. As such, all advice given is indicative only and all such advice should be checked by the Buyer prior to order. Where advice is given after visual inspection by Titan-x, such advice shall amount to an opinion only. Additionally, Goods 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 Titan-x for such alternative use, amendment or modification
14.2. For Trade Buyers, Titan-x 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.
14.3.All Titan-x Manufactured products are supplied for Competition use only, products are supplied for specialist use and are subject to extreme heat and stress and wear whilst in use. Life expectancy and durability are greatly reduced and Buyers should note that any claim for failure/wear, shall not be entertained by titan-x. It is acknowledged by the Buyer of such products that the foregoing statement shall be a relevant and important issue in any claim brought against Titan-x and Titan-x shall, in turn, place importance upon this clause. In addition, parts connected to parts supplied by Titan-x may be placed under stress where specialist/competition parts are used, and Buyers should take advice from experts prior to purchase. Manufacturers may also limit guarantees when components are installed for competition use.
14.4. Where Goods are defective, incorrectly supplied, delayed or otherwise in breach of the contract and/or the Consumer Buyers Implied 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 Titan-x. In addition, Titan-x shall accept no liability for death or personal injury, or damage of any kind, The Buyer must except all responsibility before using Titan-x Manufactured products in competition.
14.5. Titan-x strongly recommends that you seek the assistance of a fully qualified mechanic trained in servicing and maintaining your particular vehicle when fitting any Titan-x product. Titan-x will not accept any liability should you incorrectly install any product
14.6. Titan-x does not accept any responsibility for any labour charges incurred during fitment or removal of Goods in any circumstances, including whether Goods are allegedly faulty or incorrectly supplied. It is the Buyers responsibility to check products are correct before fitting .
14.7. No liability is accepted by titan-x where Buyers attempt to modify or install components supplied where it is known or thought reasonably to be known to that Buyer that the part supplied is incorrectly supplied or otherwise not in accordance with the order
14.8. The Buyer confirms that they shall comply with any or all rules and instructions relating to installation and use of the Goods concerned and fully accepts that any loss which results from forced, misdirected, inappropriate or unqualified installation or use shall not be accepted by Titan-x.
15. Defective Goods
Subject to clause 13, above mentioned, and always subject to the provisions of any such warranty provided by the manufacturer, if it is evident that any parts, accessories or other goods as supplied by the Titan-x are defective, the Company may rectify or replace at its option such defective goods. In the event that such rectification or replacement is not practicable the Company may give credit to an amount not exceeding the invoice price. In no circumstances whatsoever will Titan-x be liable for any further or consequential loss.
Any notice given hereunder may be served personally or be left at the last known residence or place of business of the Customer, or may be sent by first class post, in which case notice shall be deemed to have been received by the Customer on the first working day after posting.
In the event of any provision of these terms and conditions being or becoming void in whole or in part the other provisions of these terms and conditions shall remain fully valid and enforceable and void provisions shall, where appropriate, be replaced in accordance with the meaning and purpose of these terms and conditions.
The Contract shall be governed and interpreted exclusively according to English Law and shall be subject to the exclusive jurisdiction of the English Courts.
18. Errors and Omissions Excepted
Every care is taken to ensure that all information on this website is present and correct, although errors may exist. If you find an error or omission, please let us know, and it will be corrected as soon as possible after verification. If errors and / or omissions are present, it is not possible to offer the exact described product at the specified price, so we apologise for any inconvenience this may cause. It is advisable to check both specification and pricing before quoting, ordering or using information provided on this website.