Black Diamond Performance Ltd : Terms & Conditions

TERMS OF TRADING
These Terms and Conditions supersede all previous Conditions.

ACCEPTANCE OF ORDERS
Acceptance of orders is entirely at our discretion, but orders will normally be accepted subject to availability of goods.

CANCELLATION
We regret we are unable to accept cancellation of orders made to meet the customer’s special requirements.

DESCRIPTION
Whilst every endeavour has been made to ensure that goods are accurately described, no warranty to this effect is given and no responsibility will be accepted in the event of an error or mis-description in anycatalogue or any damage resulting therefrom.

DESPATCH
Promises of delivery are given in good faith and every effort will be made to keep to despatch dates given;
we cannot however accept any liability for any loss caused through failure to deliver or delay, and the buyer will not be entitled to cancel the contract due to late delivery.

NON-DELIVERY OR DAMAGE CLAIMS

  1. Any claims recoverable from carriers for non-delivery must be made to us within 7 days of date of
    invoice or delivery note.
  2. Damage or discrepancies to the order must be notified to us within 24 hours of receipt of goods. If
    goods are clearly damaged, refuse delivery.

WARRANTY
All brake discs come with a 12 month / 12,000 mile warranty – whichever comes sooner
PLEASE NOTE: this is with effect from the retail sale date.

RETURN OF GOODS
Any goods which have been supplied in accordance with a customer’s order, and which are subsequently
returned will only be credited if:

  1. our agreement for the goods to be returned has been obtained in writing; and
  2. the amount credited shall be 10% less than the value at which the goods were invoiced. This includes goods returned as 'Faulty' which prove to be in perfect condition for re-sale.
  3. We also reserve the right to charge a re-packaging fee – where goods have been returned to us
    insufficiently packed / protected.
  4. ALL returns must be a accompanied by a letter explaining why the goods have been returned, where they are from, the part number and quantities. Failure to supply a cover note or sufficient information may delay the issue of credit where applicable.

EXPORTS
The following conditions shall apply to contracts for the supply of goods to Export customers:

  1. All prices quoted will be F.O.B. UK Port unless otherwise stated.
  2. Unless otherwise agreed in writing we will deliver the goods to our own nominated carrier, and the risk in the goods will pass to the buyer on delivery. Where the buyer specifies his own choice of carrier the risk in the goods will pass to the buyer on delivery to that carrier.
  3. The buyer shall pay all insurance required in respect of transportation risks.
  4. Payment shall be made in GBP and the buyer shall pay any currency charges or bank handling fees.
  5. Despatch of goods will only take place when cleared funds are received from the buyer.
  6. The buyer shall be responsible for complying with any legislation or regulations governing the export of goods from the UK, the shipment of goods, their import into the country of destination, and for the payment of any duties on them.
  7. Special conditions will apply to our Returns policies and product warranties, which will be agreed in writing with individual agents and representatives.

FORCE MAJEURE

If events beyond our reasonable control prevent despatch or delivery of the goods by an agreed date, such date shall be suspended for a reasonable period. If such period continues beyond 3 months then we may choose without liability or redress to cancel the contract.

GENERAL
These conditions shall be deemed to be incorporated as conditions of any order or contract accepted. No
dealer or agent appointed to sell our goods on our behalf is authorised to transact any business which
gives any warranty, makes any representation or incurs any liability on our behalf. We reserve the right to
alter designs, constructional details and prices without giving notice. These conditions and any contract formed under them shall be governed by the laws of England and any disputes relative thereto will be settled by Arbitration in London in accordance with the Arbitration Act 1990. If any provision of these Conditions is found by any competent authority to be invalid or unenforceable in whole or in part, the validity of all remaining provisions shall not be affected.


 

 

Quotations are valid for 30 days from date stated.                    E & O E.                    8th December 2010

 
 
 


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