Terms & Conditions of Sale for Business to Business sales for UK and Export by Longman Racing Ltd.
The Law: This document is issued and subject to the laws of England and Wales.
Longman Racing Ltd is a registered private company in England:
Registered Office: 1A, Kingsbury’s Lane, Ringwood, Hants BH24 1EL
Longman Racing Ltd is registered for Value Added Tax:
Number: GB 302 595 027
Longman Racing Ltd is insured for Motorsport business activities with
Allianz Global Corporate & Specialty SE.
Short term definitions for purpose of this document:
“LR” represents Longman Racing Ltd including the electronic domain name Longmanracing.com
“C” represents Customer and or owner
All orders accepted for products and services by LR are subject to the following terms and conditions of sale. No other terms will apply to the supply of products and services by LR, unless agreed in writing by an authorised signatory of LR or expressly stated otherwise in these terms and conditions of sale.
LR trades in Pounds Sterling only.
English – verbal and written.
- Use of products and services:
Products and services supplied by LR are exclusively for motorsport and off public road use. In ordering and purchasing from LR, C accepts full responsibility for ensuring that the products and services are fit for the purpose they are supplied and C intends to use them.
- Product and service features, functionality and descriptions:
All descriptions of products and services detailed on the LR website or otherwise communicated to C shall not form any part of the contract between LR and C. LR shall not be liable to C for any errors or omissions in communicating product or service features through any medium. LR will not be liable for any lack of understanding or knowledge by C in respect of the use and functionality of the product supplied.
Latest price of LR products and services is available to C on request and it is expected C will be familiar with these before submitting an order. LR reserves the right to change prices without prior notice at any time. The price of a product or service will be confirmed by LR on order acceptance. All prices exclude VAT, which will be levied as appropriate.
- Acceptance of order and contract:
Acceptance of an order from C will take place when LR confirms in writing, usually via email, the pricing and estimated dispatch date, at which point a contract will come into existence between LR and C. Whilst LR is primarily a business to business supplier, the statutory rights of a private individual as customer will not be affected. LR may provide substitute products as necessary, after confirmation with C.
- Cancellation of order:
Notification of order cancellation by C must be conveyed to and acknowledged by LR before dispatch on standard non custom made or personalised products. For custom made and personalised products C will be liable for payment in full on acceptance of order by LR. LR reserves the right to decline to trade with any company or person and accept or cancel any order, whether or not payment has been received, by giving written notice, within a reasonable period of order receipt. Where LR rejects or cancels an order for which payment has been received, a refund of payment will be administered as soon as reasonably possible.
- Dispatch and delivery:
LR may use third party shipping agents to deliver products to C or arrange to deliver in person. Dispatch and delivery arrangements including estimated carriage prices will be given on acceptance of order. Delivery will be made to C’s usual business address, unless otherwise agreed. LR intends to dispatch products and supply services in accordance as detailed on the order acceptance. C will be notified of dispatch and estimated delivery time per tracked information received from shipping agent. C or their authorised representative must be available to receive delivery of goods.
- Customer Credit facilities, payment terms and interest charges:
Where credit is granted, a sales invoice will be issued by email on dispatch of goods or supply of services and the date by which payment must be made to LR will be shown on the invoice. If payment is not made by the due date, LR may demand full immediate payment on all unpaid C invoices, irrespective of their due dates and cancel the credit arrangement. Where credit is not granted to C, a Pro Forma for goods and services will be issued by email. Cleared payment must be received by LR before dispatch of goods or supply of services. Following which, a taxable sales invoice will be issued by email on dispatch of goods or supply of services. LR gives notice that it is entitled to and may charge statutory interest at the rate of 8% above Bank of England base rate, compounded monthly, on any sales invoices not paid by the due date.
- Non delivery, damaged parcel or goods:
C must reject and refuse to receive delivery of any damaged parcel and notify LR immediately indicating the circumstances of their failure to receive delivery of parcel as arranged. LR will investigate with shipping agent and attempt to resolve satisfactory delivery. When accepting a parcel, C will become responsible for the goods and required to inspect the contents as soon as reasonably possible, notifying LR Ltd of any product defects or shortfall in supply at least within 14 days of parcel acceptance. LR will consider and discuss with C appropriate remedial action. If C fails to inform LR of non-delivery, defect or shortfall, LR will conclude that C has received products in satisfactory condition according to their order. LR shall not be liable for any losses, consequential or otherwise, or for costs (including legal costs), expenses, liabilities, loss of profits, business or economic loss, depletion of goodwill, damages, claims, demands, proceedings, judgements or otherwise arising from these circumstances.
- Ownership and title to goods:
Ownership and title to goods will pass to C on cleared payment received by LR according to related sales invoice.
- Return of unused Goods:
Unused goods paid for in full by C, maybe returned to LR for full or partial refund at the discretion of LR. LR reserves the right to charge an administration fee for such returns.
- Failure to make payment for goods and services, including repossession of goods :
Where C fails to make payment for goods or services supplied on credit by LR, LR will take reasonable steps including third party and legal action as necessary to recover the goods in the condition they were supplied or recover the value of goods and services as detailed on the LR sales invoice, including legal and professional costs incurred.
- Repair and software update services:
Subject to prior arrangement and shipping procedure agreement for imports and exports confirmed between LR and customer, repair and software update services are offered for selected products – no guarantee is given of timescale for these services or that products are a candidate for software update or repair, although every effort will be made to achieve a satisfactory outcome. Carriage costs will be recharged to C by LR for shipping products to and from suppliers carrying out the work, who may be outside the UK.
- Technical support labour and diagnostic services conducted away from LR premises:
Technical support labour and equipment diagnostic services are conducted in a confidential manner, mutually between LR and C and supplied by LR at a previously agreed daily rate plus travel costs where applicable, as required by C. At the discretion of LR, C may arrange and pay directly for local travel and living costs, especially if outside the UK. C will always be responsible for vehicle and its insurance.
Technical diagnostic support and advice will never be carried out within a vehicle on track at a race circuit.
- Diagnostic services carried out at LR premises
LR will provide an estimate of timescale for diagnostic work to C but cannot be held responsible for delays due to unforeseen circumstances.
C will be responsible for delivery and collection of vehicle to and from LR Ltd.
C is responsible for their vehicle and its insurance at all times whilst work is carried out by LR.
The business premises at LR have limited space. LR assures C every effort and care is taken with vehicles but ultimately they are left with LR at C’s risk.
Where C or their representative attend a diagnostic session at the discretion of LR, instructions for safety in the workshop will be given by LR and must always be adhered to. Ultimately, LR cannot be held responsible for the actions of C or their representatives.
LR retains the right to refuse any work/tuning if C presents a vehicle which is not in a suitable state of preparedness. Any advance payment by C will be forfeit and goods purchased in preparation for the project may be chargeable.
C is expected to have a level of mechanical understanding and handling commensurate with their vehicle being worked on by LR.
C must inform LR of any previous work carried out on the vehicle by themselves or a different supplier which may, in any way, impact on the services or goods sold by LR to C.
C should notify LR prior to the booking if there are concerns regarding any aspect of their car. LR can then discuss with C the required repair and obtain C’s agreement for this to be done by LR or otherwise, prior to commencing diagnostic work.
Goods and services supplied to complete the schedule of work but not included as part of the initial booking estimate will be charged to C. All reasonable attempts will be made by LR to keep C informed of such developments and obtain C’s agreement to go ahead. This is providing LR has enough time to complete the job without affecting other appointments or workload.
C must confirm to LR that all installed audio and visual recording equipment has been removed from the vehicle prior to their appointment. If not, LR reserves the right to remove such equipment, including power supplies, memory cards etc and handover to customer for their own re-installation after LR work is complete.
By default, unless stated otherwise at time of booking a diagnostic service, C gives permission for LR to capture photos, audio or videos of their vehicle undergoing work at LR premises and indefinitely use on LR managed promotional media. Permission by C cannot be withdrawn retrospectively and LR cannot be held liable for media images of C’s vehicle obtained without permission and displayed on non LR managed media.
- Vehicle collection & aftersales
Post LR work, if a vehicle is licensed for public road use, LR advises C should take a test drive in the local area before setting off on journey to next destination. LR advises C to have alternative transport in place in the unlikely event that the test drive proves unsatisfactory and the car remains with LR for follow up work.
Vehicle recovery and breakdown cover must be held by C enabling recovery to LR’s business premises.
All power, torque or any other results recorded during LR ’s diagnostic service are not guaranteed and outcomes may be different when a vehicle is not in LR’s diagnostic workshop.
When LR notifies C that their vehicle is ready for collection, C will be expected to remove the vehicle within 3 working days unless alternative arrangements are in place. Where no previous arrangement applies, from day 4 and onwards a storage fee of £25 per day maybe charged.
LR will advise C of any parts necessarily and permanently removed by LR from C’s vehicle. These will be placed into short term storage for up to 5 working days awaiting collection by C. If no alternative arrangements are made and they are not collected during this time, by default C gives LR explicit permission to dispose of the parts removed from C’s car, for which a disposal fee may be levied.
The supply of LR goods and services may impact on C’s vehicle emissions, rendering it non-compliant with current legislation. LR cannot be held responsible for such circumstances, therefore it is C’s responsibility to ensure their vehicle complies with the latest emissions law and regulations.
C accepts that enhancing the performance of a vehicle through tuning goods or services provided by LR may increase the stresses and wear placed onto but not limited to the vehicle’s engine, ancillary parts, components and drivetrain. As a result of LR’s tuning work, C agrees to absolve LR of any responsibility for damages or consequential losses including but not limited to engine failure, component failure or any other failures or losses.
Replacement only warranty, against proven manufacturing defect for standard stock products, is limited to 12 months of sales invoice date. Replacement only warranty, against proven manufacturing defect, for custom made items, built according to a mutually confidential, competent and agreed understanding of build requirement between LR and C, is limited to 6 months of sales invoice date.
C accepts that products or services in the proposal described as ‘custom’ are not eligible for returns or refunds.
- Intellectual Property Rights:
LR and its licensors own the intellectual property rights of all goods offered for sale. Any plagiarism including copying or reproduction the physical and functionality of goods in any shape or form is not permitted. LR will take legal action to prevent such actions and claim compensation.
- Force Majeure:
A force majeure event is any event beyond the reasonable control of LR. If LR cannot carry out its supplies of goods and services according to these terms and conditions of sale, by reason of any force majeure event, then LR shall not be liable financially or otherwise.
Update T&C 01f/1 – 01 2023 Longman Racing Ltd