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Performance 3000 Ltd - General Terms and Conditions 1. In these conditions the term customer shall be used to refer to the individual/organisation placing an Order for work/conversion work to be carried out to their motor vehicle.
2. The Term Company shall be used to refer to the entries Performance 3000 ltd.
3. The Term Engine shall be used to refer to the complete Engine Motor and Gear box
4. The Term Ancillaries shall be used to refer to the wiring, ECU, radiator, suspension subframe, and driveshafts only.
5. The Term Conversion shall be used to refer collectively to the fitting process, engine, ancillaries, brakes, and power steering.
6. The tern Order shall be used to refer to as the agreement of The Customer for The Company to perform an Engine conversion to their motor vehicle.
7. Some of the components used during a conversion process may be second -hand and as such should not be expected to be behave as new or to be free from mechanical wear.
8. The Company shall not be responsible for any loss whatsoever including any consequential loss or for any claims such as loss of earnings. Labour charges or car hire occasioned as a result of:
(a) The start or completion of a Conversion Order failing to meet the dates quoted to The Customer. (b) The discontinuance of a product or service. (c) Faulty second hand parts supplied. (d) Situations arising which are beyond our control.
9. All Orders are accepted subject to our approval of the specifications of the Order and to the availability of our workshop. No guarantee is given that completion dates are final.
10. The Company will use its best efforts to carry out the work in the time notified to The Customer but time shall not be of the essence and no liability is accepted by The Company for any delays. Although The Company may quote dates for the start and completion of a conversion these dates are not fixed and maybe subject to change due to circumstances beyond our control.
11. Work shall be deemed to be completed when The Customer is advised by The Company that such work is complete. The Customer will pay The Company for all work done and materials supplied as well.
12. The Company may sell the Vehicle if The Customer fails to pay the amount due and collect the Vehicle within 3 months of being notified that the work has been completed, and of The Company's intention to proceed to sell it. Upon such a sale The Company shall pay the balance of the proceeds of the sale to The Customer after deducting all its unpaid charges and disposal costs.
13. Any removed parts including but not limited to wheels, body parts, engine parts and accessories (for example but not limited to car alarms, immobilisers and stereos) shall become the property of The Company to dispose of or use as they see fit, if they are not collected within 28 days after the initial vehicle collection date.14. The Company retains a lien over the Vehicle until any payments presented by cheque have been cleared.
15. Where goods have been supplied upon request from a customer, the goods remain the property of The Company until it is verified that the payment for the goods is in cleared funds in the bank account of The Company.
16. Where a payment for goods Ordered is not honoured, any costs involved in recovering unpaid goods will be claimed from The Customer.
17. In the event that a cheque is drawn by or behalf of The Customer is dishonoured by the drawer's bank, an administration charge of £20 will be payable by The Customer. Payment for Orders placed with us must be received in full cleared form before The Company can release The Customer's vehicle/property.
18. Where parts are supplied by The Company they are only covered by clause 19 when:
(a) The part/s is/are fitted in accordance with the manufacturers specifications. (b) The part/s is/are used in conjunction with the manufacturer's original service parts and oils. (c) The part/s is/are not subsequently modified and is used within the manufacturers designed tolerances.
19. The Company warrants its workmanship and Engine Conversion kits/parts supplied free from defects for a period of 3 months or 3,000 miles, which ever occurs sooner, from the date of completion of the work.
20. Liability under clause 19 is wholly excluded if the vehicle has been:
(a) Used for competitions, racing or record attempts or otherwise that for private or commercial use of the owner or other users with his permission. (b) Abused in any way or damaged by wear and tear, neglect, rust, improper use or failure to maintain in accordance with manufactures' recommendations. (c) Damaged in any subsequent accident.
21. In the case whereby a Customer insists on collecting their vehicle prior to completion of the vehicle road testing phase. The Company does not warrant any part or the workmanship of the conversion , repairs or modifications; Furthermore The Company shall become free from all liabilities arising from the Order.
22. In the case of mechanical breakdown The Company requires your vehicle to be brought back to the workshop for repairs. The Company do not under any circumstances accept liability to pay for labour charges incurred by third parties for the repair of your vehicle or any charges in any form or for consequential loss such as car hire, loss or earnings, travel expenses etc.
23. In the case where an Order consists of body parts the parts must be 'offered up' to the vehicle before the parts are prepared and sprayed. The Company cannot accept such goods for refund or exchange after they have been sprayed.
24. In the case where parts have been Ordered, purchased in full and subsequently not required and found not to be faulty a surcharge of 20% will be levied by The Company to The Customer.
25. Cancellation of an Order after a deposit has been paid will result in possible loss of the deposit, if an Order for a specially manufactured or specially ordered component is cancelled then The Customer shall remain liable for the value of the goods.
26. In the cases where a Customer provides additional components to be fitted to their vehicle alongside the Conversion, The Company shall levy a charge relating to additional labour involved.
27. In cases where The Company give advise for the choice of after-market components, The Company do not accept responsibility for necessarily advising the best possible choice and recommend that The Customer satisfy themselves by performing their own research into after market compatibility and quality.
28. Any variation agreed between The Customer and The Company in the work to be carried out shall be deemed to be an amendment to this contract and shall not constitute a new contract.
29. In the case where an Order has been accepted by The Company and the donor engine is not available, The Company cannot be held responsible for honouring booking dates and shall not offer compensation.
30. Published prices may not necessarily be correct and The Company reserve the right to change our prices at any time expect for instances whereby an Order has been accepted in writing.
* Special Order deposits are non-refundable or transferable * Guarantees are NOT transferable from the original purchaser * No refunds considered without receipt * No refunds for unwanted goods
Errors and Omissions Exempt
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