1. DEFINITIONS and interpretation
1.1 “Company” means Steve Hart Restoration and Race Preparation Limited, referred to as “Us”, “We” or “SHRRP Ltd”.
1.2 “Customer” means any person entering in to an agreement with the Company whether that is an individual or an incorporated entity, referred to as “You” or “Your”.
1.3 "Goods” means the articles which the Customer agrees to buy from the SHRRP Ltd
1.4 “Motor Vehicle” any vehicle We perform the Services on.
1.5 “Price” means the price for the Goods excluding carriage, packing insurance and VAT.
1.6 “Property” means the Customers Motor Vehicle(s).
1.7 “Race support” means the provision of all or any of the following facilities, the transportation of the Motor Vehicle(s) to and from race meetings and events, the provision of mechanics to service and maintain the Motor Vehicle(s) and any other attendant facilities offered to the Customer for this purpose.
1.8 “Services” the services We perform on Your Motor Vehicle including any restoration work, servicing, repairs, race support or other services or activities.
1.9 These Conditions shall apply to all contracts for the sale of Goods and/or Services by SHRRP Ltd to the Customer to the exclusion of all other terms and conditions including any terms or conditions which the Customer may purport to apply under any purchase Order, confirmation or order or similar document.
1.10 The quantity and description of the Goods shall be set out in a SHRRP Ltd quotation.
2. OUR RESPONSIBILITIES
2.1 All orders for Goods and/or Services shall be deemed to an offer by the Customer to purchase Goods and/or Services pursuant to these Conditions.
2.2 Acceptance of delivery of Goods and/or provision of the Services shall be deemed conclusive evidence of the Customer's acceptance or these Conditions.
2.3 Any variation to these Conditions (including any special terms and conditions agreed between SHRRP Ltd and the Customer) shall be inapplicable unless agreed in writing by a Director of the Company.
3. YOUR RESPONSIBILITIES
3.1 You must inform Us of any information relating to the Motor Vehicle which might be relevant or helpful to Us in carrying out the Services.
3.2 You will be responsible for any information supplied to Us or failing to inform Us of any relevant information.
3.3 If You are not the owner of the Motor Vehicle You are responsible for ensuring that You have the owner's permission for the Services to be carried out, but You remain subject to these Conditions including the payment of our invoices.
4.1 We may subcontract all or any part of the Services, if in our absolute discretion, specialist services or parts are required for the purpose of completing the Services.
4.2 We shall retain the ownership of all parts and materials supplied to the Customer or fitted to the Customer's Motor Vehicle by Us and ownership will only transfer to the Customer upon Your settling in full any financial obligations that You may have to Us on any account whatsoever.
4.3 We reserve the right to increase our labour rates without any prior notice.
4.4 We reserve the right to withdraw credit facilities if Your account payments do not comply with our net monthly terms.
5.1 We will store Your Motor Vehicle and/or parts at our premises whilst We are working on it and will take all reasonable precautions to ensure its security. We will not charge for storage when a Motor Vehicle is in the workshop in connection with the carrying out of any work commissioned by You.
5.2 We reserve the right to commence the charging of storage on all Customer Motor Vehicle(s) that are not undergoing work and are not committed to attend any race meetings or events, without prior notice, or when our terms of payment have not been met.
5.3 Subject to prior agreement (and without prejudice to the provisions of Condition 6) We will provide secure dry storage for the Customer’s Motor Vehicles at the rate of £50 + VAT per week.
We will inform You when the Services are complete, or, if You decide not to proceed with our recommendations, when You inform Us of that decision. At that time Your Motor Vehicle will be ready for You to collect. If You do not collect it, or arrange for it to be collected after 14 days We will have the right to charge a reasonable sum for storage, at the rate detailed in Condition 5.3. If You arrange for a third party to collect the Motor Vehicle for You, You must ensure that We are informed of the name of the person or company collecting the Motor Vehicle(s), but We shall not be responsible for otherwise identifying them.
With regard to transportation, workshop time and storage of Motor Vehicle(s) (i) the Motor Vehicle(s) shall remain at the risk of the owner notwithstanding that the same shall be entrusted to the Company and (ii) the owner will insure the Motor Vehicle(s) on an All Risks Policy basis and shall provide, on request, documentary evidence of the same.
8. INVOICING & PAYMENT
8.1 We will invoice on the supply of Goods, such invoice detailing the Goods supplied.
8.2 We will invoice on completion of the Services or approximately 30 days in arrears (whichever is earlier) and, where appropriate, detailing the Services completed.
8.3 All invoices are subject to VAT at the prevailing rate, where applicable. In the case of invoices submitted to Customers in the EU, a VAT No. must be provided that is accepted by HM Revenue and Customs for the country to which the invoice is being rendered, to enable the VAT to be deferred.
8.4 All invoices to be paid by return or at the time of collection of the Customer's Motor Vehicle or the Goods (whichever is sooner) unless on the face of the invoice another date is given. Any complaint of any kind must he made within 14 days of the invoice date. Any requested and agreed reduction in the invoice amount will render any warranty null and void.
8.5 Payments must be made either by cash or bank wire transfer in Great British Pounds unless otherwise agreed by Us first in writing. If paying by bank transfer all associated bank charges are to be paid by the remitter and not passed on to SHRRP Ltd.
8.6 We reserve the right to charge interest on all or any part or any invoice not settled in full by the due date at the rate of 4% above the then base lending rate of the Bank of England from time to time in force until We are paid, even if that is after a court judgement.
8.7 We reserve the right to stop work on a Motor Vehicle if outstanding invoices have not been paid.
8.8 The Company shall have a general lien against the Customer, where the Customer is the owner of the Goods and/or Motor Vehicle(s), for any monies whatever due from the Customer to the Company. If such a lien is not satisfied within a reasonable time the Company may at its absolutely discretion sell the Goods and/or Motor Vehicle(s), or part thereof, as agents for the Customer and apply the proceeds towards the monies due and the expenses of the retention, insurance and sale of the Goods and/or Motor Vehicle(s) and shall, upon accounting to the Customer for any balance remaining, be discharged from liability whatever in respect of the Goods and/or Motor Vehicle(s).
8.9 Where the Customer is not the owner of the Goods and/or Motor Vehicle(s) the Company shall have a particular lien against the said owner allowing the Company to retain possession but not to dispose of the Goods and/or Motor Vehicle(s) against monies due from the Customer in respect of the Consignment.
9. FORCE MAJEURE
9.1 We shall not be liable for any failure in the performance of any of its obligations caused by factors outside our control.
10.1 Racing parts are short lived high performance products, they are not for road use and no warranty or guarantee in relation to such parts is offered or implied by Us to You.
10.2 Every care has been taken in the manufacture of the Good(s) detailed on our invoices. However, We cannot accept responsibility for any loss, damage or personal injury which may occur during use.
10.3 No guarantees or warranties are offered or implied in relation to any work carried out by Us or any Goods supplied. Except where the Buyer is dealing as a consumer as defined in The Unfair Contract Terms Act 1977 Section 12 and/or under the Consumer Rights Act 2015 Section 2 all other warranties, conditions, or terms relating to fitness for purpose, quality or condition of the Goods and/or Services whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law. In the event of any breach of these Conditions by SHRRP Ltd the remedy of the Customer shall be limited to damages which are foreseeable as a direct result of the breach. Under no circumstances shall the liability of SHRRP Ltd exceed the price, as applicable, of the Goods and/or Services.
10.4 SHRRP Ltd shall not be liable for any penalty, loss, injury, damage or expense arising from any delay or failure in delivery or performance from any cause at all, nor shall any such delay or failure entitle the customer to refuse to accept any delivery or parts or repudiate the order.
11. DELIVERY OF GOODS
11.1 The Goods shall be delivered to the Customer at the Customer’s address. The risk in the Goods shall pass to the Customer upon such delivery taking place.
11.2 If the Customer requests and SHRRP Ltd agrees to arrange for carriage of the Goods to the Customer's address or such other address as the Customer may reasonably request subject to the proviso that the costs of carriage and any insurance which the Customer reasonably requests the Company to incur shall be reimbursed by the Customer (without any set-off or other withholding whatever) then such costs shall be due on the date for payment of the Price. The carrier shall be deemed to be the Customer’s agent.
11.3 We may deliver the goods by separate instalments. We may raise separate invoice(s) and require payment of each instalment in accordance with the provisions of Condition 8. The failure of the Customer to take delivery or to pay any one or more of the said instalments on the due dates shall entitle SHRRP Ltd:
11.3.1 to suspend, without notice, further deliveries of the Goods pending payment by the Customer; and/or
11.3.2 to treat the contract as repudiated by the Customer.
12.1 Where Goods are supplied for export from the UK, You shall be responsible for complying with all legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties required.
12.2 Unless otherwise agreed, where Goods are sent by SHRRP Ltd to You by a route involving sea transit, under circumstances in which it is usual to insure, SHRRP Ltd will give 7 days notice, to enable You to insure them during their sea transit, failure to do so will mean that the product is shipped at Your risk (as specified in Section 32(3) of the Sale of Goods Act 1979).
12.3 Where Goods are supplied to an EU member state, You must supply SHRRP Ltd with the official VAT number issued in its own country and the necessary paperwork to prove that the Goods are being supplied to an EU member state and that the Goods have moved from an EU member state.
12.4 You shall be responsible for arranging any testing and/or inspection of Goods prior to export. Any defect found will be repaired under warranty SHRRP Ltd prior to export.
12.5 Where Goods are supplied for export (outside the EU) the prices quoted will be SHRRP Ltd’s current export price excluding Value Added Tax, postage, packing and insurance.
13. INTELLECTUAL PROPERTY
13.1 The specification and design of Goods (including the copyright, design right and any other intellectual property in them) shall as between SHRRP Ltd and the Customer be the property of SHRRP Ltd. Where any designs or specifications have been supplied by the Customer for manufacture by SHRRP Ltd or to the order of the Customer then the Customer warrants and represents that the use of those designs or specifications for the manufacture, processing, assembly or supply of the Goods shall not infringe the rights of any third party and shall indemnify SHRRP Ltd against any costs, claims, damages or liabilities arising as a result of any infringement.
14. LAW AND COURTS
All transactions to which these Conditions apply and any non-contractual obligations arising out of or in connection with them shall be governed by English law. The courts of England and Wales have exclusive jurisdiction to settle any dispute arising out of or in connection with these Conditions (including a dispute regarding the existence, validity or termination of these Conditions or any non-contractual obligation arising out of or in connection with these Conditions).