Terms & Conditions
Customers' orders are accepted subject to the following Terms and
Conditions of sale which shall have exclusive application:
1. The owner of this web site is Co-ordSport B.V., whose address is Solvayweg
15a, 6049CP Roermond, The Netherlands (‘Racingline.nl’/‘we’ /‘us’/‘our’). C.o.C.
(KVK) 51215810 (Roermond).
2. No contract for the sale of any product will subsist between you and Racingline.nl
until Racingline.nl dispatches the product(s) ordered. We will confirm that the
product(s) have been dispatched by a confirmation email. This confirmation
e-mail amounts to an acceptance by Racingline.nl of your offer to buy goods
from Racingline.nl (whether or not you receive that e-mail).
3. Any delivery charges or free delivery offers are subject to our
approval. Due to factors such as the delivery address, size and weight of
products, we may not be able to offer free delivery. We will always contact you
if this is the case and confirm whether you wish to continue at the revised
total before taking payment. More information.
(a) Free delivery applies to orders placed online only, unless
agreed by Racingline.nl before-hand.
(b) Free delivery on NL orders applies to NL mainland only, due to higher
shipping costs incurred when shipping to remote destinations. Contact Racingline.nl
if unsure whether a location is eligible for free delivery.
4. All goods are sold in accordance with the standard price list for the
time being current and published by the Vendor and the Vendor reserves the
right to amend such price lists without notice. Prices exclude VAT and delivery
charges unless stated.
5. We reserve the right to suspend or close accounts if any cheques
submitted to us are dishonoured. Any additional bank charges we incur as a
result of dishonoured cheques will be for the customer's account.
6. Any items not in stock when
an order is received will automatically be placed on back order & shipped
as soon as they are available, unless we are advised otherwise when the order
is placed. You will be notified if any products are not in stock.
DELIVERY: LOSS OR DAMAGE IN TRANSIT
7. Delivery shall take place in accordance with the quotation order or
tender. The risk in the goods shall pass to the Customer on delivery or on
receipt of the goods whichever is the earlier. The Vendor accepts no
responsibility for any loss or damage to goods, howsoever, arising, after
delivery or receipt has taken place.
8. Claims in respect of short delivery or non-delivery through loss or
damage in transit where carriage goods insurance is not undertaken by the
Vendor cannot be accepted by the Vendor unless notice in writing of the loss or
damage. Qualified invoices shall not constitute notice within the terms of this
clause. In the case of claims for damage in transit or short delivery notice
must be given within three days of receipt of goods or part thereof, in the case
of non-delivery or loss of goods in transit notice must be given within ten
days of invoice date.
9. Where carriage of goods insurance is undertaken by the Vendor the Vendor
reserves the right to recover all costs associated with such carriage from the
Customer where goods are not accepted by the Customer and the cancellation of
the order has not been given prior to the despatch of such goods, in writing
and accepted as cancellation of the contract by the Vendor.
10. In the event of a failure by the Customer to give notice in writing as
is required by Clause 8 hereof or a refusal by the Vendor to accept notice of
cancellation as required by Clause 9 hereof as effective cancellation of a
contract for sale of goods, the goods shall be deemed to be in all respects in
accordance with the contract and the Customer shall be bound to accept and pay
for the same accordingly.
11. Whilst every effort will
be made to keep to delivery date quoted, no liability can be accepted for
failure to delivery within the quoted time. Time shall not be made the
principle factor of the contract.
STORAGE
12. If the Vendor does not
receive forwarding instructions within ten days after notification to the
Customer that the goods are ready for delivery, the Customer shall arrange for
storage at its own expense and risk failing which the Vendor shall be at
liberty to store or arrange for storage of the goods at the Customer's risk and
expense. The goods shall be paid for by the Customer by reference to the time
when the goods were ready for delivery or were due to be delivered, whichever
is later. Any charges for storage or demurrage after delivery will be paid for
by the Customer.
TITLE TO GOODS
(a) Legal or beneficial ownership in the goods will not pass to the
Customer until payment has been made in full.
(b) The Vendor reserves the right to cancel a contract of sale of goods or
to suspend the Customers powers of sale of the goods at any time before payment
in full has been received by the Company and in that event the Vendor reserves
the right to enter the premises in which the goods are kept and recover
possession of the goods.
(c) Notwithstanding that the agreed price has not been paid and that the
Customer holds the goods as bailee the Customer is entitled to use or to resell
or dispose of the goods to third parties in the normal course of its business
on condition that any goods received in exchange for the Vendor's goods or any
proceeds of sale thereof are held by the Customer as trustee for the Vendor and
any such monies are to be held in a separate bank account pending payment of
the entire purchase price to the Vendor. The Customer hereby assigns to the
Vendor all rights and claims the Customer has against any such third party.
13. All terms, conditions and warranties (whether implied or made
expressly) whether by Racingline.nl Limited or its servants, agents or
otherwise, relating to the quality and/or fitness for the purpose of the goods
or any of the goods, are excluded. When supplying goods in respect of a
particular purpose every endeavour is made to meet the requirements of
customers from the information supplied by them.
14. No responsibility is accepted as to the suitability of any goods for a
particular purpose once an order is accepted.
15. If the buyer considers that any goods supplied are faulty, or not as
ordered, we must receive written notice within three working days of receipt.
Where damage appears to have been sustained in transit, packing materials must
be retained for inspection and Racingline.nl must be notified within 24 hours
of receipt, in writing.
16. Any items proved to our satisfaction to be faulty by reason of
defective material or workmanship will be replaced or the cost thereof
refunded. Goods correctly supplied & returned for credit are subject to a
handling charge of 25%. If goods are to be returned, a returns reference must
be obtained from Racingline.nl and the form completed and returned. Any goods
returned without this reference will not be accepted for credit.
17. It is the customer's responsibility to ensure that any items returned
to us for whatever reason are packed so as to prevent damage in transit.
Refunds cannot be made against returned goods that are damaged prior to receipt
by us.
18. Refunds of carriage costs on returned items, if applicable, will be
limited to the amount that we would incur in sending the item using our own
carriers.
19. Special order items are not returnable. Goods are not supplied on a
trial basis.
20. In the event of any breach of this contract by Racingline.nl Limited,
the remedies of the buyer shall be limited to damages. Under no circumstances
shall the liability of Racingline.nl Limited exceed the price of the goods.
21. If the buyer fails to make payment for the goods in accordance with this
contract of sale, or commits any other breach of this contract of sale, or if
any distress or execution shall be levied upon any of the buyer's goods, or if
the buyer offers to make any arrangements with its creditors, or if any
petition in bankruptcy is presented against the buyer, or the buyer is unable
to pay its debts as they fall due, or if being a limited company any resolution
or petition to wind up the buyer (other than for the purpose of amalgamation or
reconstruction without insolvency) shall be passed or presented, or if any
administrative receiver or manager shall be appointed over the whole or any
part of the buyer's business or assets, or if any petition for the appointment
of an administrator is presented against the buyer, or if the buyer shall
suffer any analogous proceedings under foreign law, all outstanding sums owing
to Racingline.nl Limited shall become payable immediately. Racingline.nl
Limited may in its absolute discretion and without prejudice to any other
rights which it may have:
(a) Suspend all future deliveries of goods to the buyer and/or terminate
the contract without liability upon its parts; and/or
(b) Exercise any of its rights proceeding to clause 20 above.
22. These terms and conditions will supersede any others sought to be
imposed by a purchaser or third party, unless specifically agreed to in
writing.
23. Racingline.nl Limited may
licence or sub-licence all or any part of its rights and obligations under this
contract without the buyer's consent. However, the buyer will not be able to
licence or sub-contract any part of his rights without Racingline.nl Limited
prior written consent.
GUARANTEE
24. The goods supplied by the Vendor carry the following express
guarantee:-
25. The Vendor guarantees all goods against faulty materials and/or
workmanship from the date of delivery in the terms of the manufacturers
guarantee either as displayed on the goods or in accordance with the terms
available from the Vendor at the request of the Customer.
26. The Vendor will in no circumstances accept responsibility for any
defects whatsoever arising from misuse of any goods or arising out of
circumstances outside the control of the Vendor and without prejudice to the
generally foregoing. The above Guarantee shall not apply:-
(a) To defects in any goods which have been altered or tampered with by
third parties without the prior consent of the Vendor or
(b) Where any parts or devises not sold or approved by the Vendor have been
affixed or appointed to the goods.
27. All transportation charges
relating to the return of goods pursuant to the terms of this guarantee will be
bourne by the Customer unless otherwise agreed in writing.
RESTRICTIONS ON COMPANY'S LIABILITY
28. Subject as foresaid, all express or implied warranties, conditions,
representations, undertakings or liabilities, whether imposed by statue, common
law, custom or otherwise, are hereby expressly excluded to the extent permitted
by what is in the particular circumstances of the case and those terms and
conditions reasonable; in particular, without imparing the generality of the
foregoing, no statement or description contained in any catalogue or
advertisement issued by the Vendor or in any communication from the Vendor
whether verbal or in writing by any of the Vendor's servants or agents, shall
give or imply or be construed as giving or implying any such warranty,
condition, representation, undertaking or liability as foresaid nor shall such
statement or description enlarge, vary or over-ride or be construed to enlarge,
vary or over-ride in any way any of the conditions herein contained.
29. The Vendor accepts no responsibility for any loss, direct
consequential, contingent or resulting nor other liability, whether of the
Customer or of any other person, howsoever within the bounds of reasonableness.
The Vendor's responsibility is strictly limited to rectification or replacement
under the terms of the manufacturer's guarantee. Such rectification or
replacement will be made as quickly as possible by the Vendor requires a
reasonable time to effect this. A claim in respect of any defect or failure to
comply with the order or in respect of any delivery or installment of an order
or any part thereof shall not entitle the Customer to cancel or refuse delivery
of or payment for any other order, delivery or installment or any part of the
same order, delivery or installment.
30. Forward orders with the
Vendor which are subject to availability for new items will be accepted to be
supplied as available. The Vendor will hold and dispatch the balance of an order
that is out of stock as soon as reasonably possible.
LEGAL CONSTRUCTION/GENERAL
31. The contract shall in all respects be construed and operate as an
English contract and shall be governed by English Law. The Court of England and
Wales have the exclusive jurisdiction.
32. Any notice required or permitted to be given by either party to the
other under these conditions shall be in writing addressed to that other party
at its registered office or principal place of business or such other address
as may at the relevant time have been notified pursuant to this provision to
the party giving the notice.
33. No waiver by the Vendor of any breach of the contract by the Customer
shall be considered as a waiver of any subsequent breach of the same or any
other provision.
34. If any provision of these conditions is held by any competent authority
to be invalid or unenforceable in whole or in part the validity of the other
provisions of these conditions and the remainder of the provision in question
shall not be affected.
35. Errors & Omissions Excepted
