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: Registration number: 11467645
- Registered Office: 1A, Kingsbury’s Lane,
Ringwood, Hants BH24 1EL
- Longman Racing Ltd is registered for Value Added
Tax: GB 302 595 027
- Longman Racing Ltd is insured for Motorsport
business activities through DTW Group Underwriting Ltd.
Short term definitions for purpose of this document:
represents Longman Racing Ltd including the electronic domain name Longmanracing.com
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
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
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 equipment diagnostic services:
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, at
LR premises or 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. Technical diagnostic support and advice will
never be conducted within a vehicle. C will always be responsible for
vehicle and its insurance.
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.
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.
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.