Purchase Terms and Conditions
The Delta ABS system has been designed specifically for use in the motorsport environment. The system is not approved, tested or calibrated for use on the public highway and it is the sole responsibility of the system user to ensure that it is not used on the public highway under any circumstances. Wholesale Horsepower or Specialist Control Systems LTD will not be responsible or liable for any damage, to any party, arising for the system being used on the public highway.
1 BASIS FOR SALE
1.1 Nothing contained in the website constitutes an offer and Specialist Control Systems Ltd reserves the right to withdraw or revise the website and any other material at anytime prior to their acceptance of the buyers order.
1.2 No material or information of any nature whatsoever contained in the website or otherwise communicated to the buyer, other than these conditions shall form part of the conditions
governing the contract.
1.3 Wholesale Horsepower shall not be liable for any advice given by its employees or agents to the buyer as to the application or use of the goods.
1.4 Legal ownership, or title, to the goods will not pass from the seller to the buyer until all monies owed by the buyer to the seller have been paid in full . The buyer hereby grants the seller the right to enter the buyer's premises to repossess any such goods if necessary. If any goods supplied by the seller have been incorporated into any goods of the buyer then the buyer authorizes the seller to remove and retain any such goods supplied by the seller from the buyer’s goods. If the buyer has sold any of the seller’s goods the buyer agrees to keep any such sale proceeds on trust for the seller and to give any such proceeds to the seller on demand. All risk in goods supplied by the seller to the buyer shall pass to the buyer on delivery.
2 RETURN OF GOODS
2.1 Wholesale Horsepower will give a full refund excepting shipping fees on parts returned to us within seven days of delivery of the goods to the buyer, subject to the following conditions....
2.1.1 Goods are returned in the condition/packaging they were sold in and are not damaged in anyway.
2.1.2 The goods were not specially ordered by Wholesale Horsepower on the customers behalf.
2.1.3 The goods have not been fitted or tampered with.
2.1.4 All shipping costs relating to returned products are to be borne by the customer.
3 LIABILITY
3.1 Subject to the conditions set out below Wholesale Horsepower warrant that the goods will correspond with our specification or, if there is no such specification then the goods will be within normal limits of industrial quality, at the time of delivery and will be free from defects in material and workmanship for a period of 12 months from the date of delivery of the goods to the buyer.
3.2 Wholesale Horsepower shall be under no liability in respect of any defect in the goods..
3.2.1 Arising from fair wear and tear, neglect, failure to follow Wholesale Horsepower instructions, misuse or improper alteration or repair of the goods, or...
3.2.2 If the total price for the goods has not been paid by the due date for payment.
3.3 The warranty in 3.1 does not extend to parts, materials or equipment not manufactured by Wholesale Horsepower or Specialist Control Systems Ltd, in respect of which the buyer shall only be entitled to the benefit of any such warranty or guarantee given by the manufacturer to Specialist Control Systems Ltd, and which we will in so far as possible, assign to the buyer upon the written request of the buyer.
3.4 Where any valid claim in respect of any of the goods which is based on a breach of the warranty In the condition 3.1 is notified to Wholesale Horsepower within the warranty period set out in condition 3.1, Wholesale Horsepower or Specialist Control Systems Ltd shall be entitled to repair or replace the goods (or the part in question) free of charge or, at Wholesale Horsepower discretion, refund to the buyer the price of the goods (or a proportionate part of the price).
4 EXEMPTION
4.1 Except as expressly provided for in this contract and subject to the requirements of the Deceptive Trade Practices Act, Wholesale Horsepower makes no warranties whatsoever expressed or implied, oral or written to the buyer for:
4.1.2 Consequential or indirect loss or damage (including loss of profit), however arising;
4.1.3 Sums in excess of the price of the goods to which the claim relates,
4.1.4 Any labor charges incurred by the buyer relating to the removal and refitting of the original goods or replacement goods, or...
4.1.5 Any Competition parts once they have been fitted.
4.1.5.2 Competition parts are warranted to be free from manufacturing defects and workmanship at the point of sale and should therefore be carefully inspected prior to fitting.
4.2 Competition parts being defined as those parts which change the performance of the standard production part.
5 THE WEBSITE
5.1 Wholesale Horsepower is the owner of the copyright content in the website and no part of the website may be reproduced in any material form (including without limitation, photocopying or storing it in any medium by electronic means) without the written consent of Wholesale Horsepower
5.2 All information, details and illustrations in the website have been carefully prepared to avoid error but the accuracy of such information is not warranted and such information, details and illustration, do not form part of this contract. The seller shall not be liable for any loss or damage resulting from any errors, omissions or typographical errors in the website.
5.3 All pictures are for reference purposes only.
6 SEVERANCE
6.1 If any provision of these terms and conditions or any part thereof is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby.
The contract will be construed in accordance with and governed by Texas state law.
All pictures are for reference only.
Our policy is one of continual improvement. We reserve the right to make alterations without notice.