Terms & Conditions of Sale
1. Definitions
1.1 “The Company” means Quantum Heritage Limited.
1.2 “The Purchaser” means the other party to an agreement or the supply of Goods or services by the Company.
1.3 “Main Pricelist” is the Kit & Complete Cars Pricelist.
1.4 “Parts” are any components other than bodyshells or complete cars supplied by the Company.
1.5 “Goods” means the goods or services supplied by the Company to the Purchaser.
2. Variations
The Company reserves the right to update and amend any specification of Goods (including any spare parts supplied) without notice to the Purchaser.
3. Prices
3.1 Save as otherwise agreed all Goods will be charged at prices current at the time of despatch and all prices quoted are inclusive of VAT at 17.5%.
3.2 The Company’s quotation is merely an invitation for an order based on these terms and conditions.
3.3 Kit prices from our Main Pricelist are valid until the date of delivery shown on the front cover.
3.4 Any pricelist issued by or on behalf of the Company is subject to alteration by the Company without notice.
4. Cancellation of orders
4.1 No cancellation of any order will be effective unless in writing and until accepted in writing by the Company.
4.2 No cancellation will be accepted by the Company of special orders for Goods not normally stocked by the Company or which are being manufactured for or obtained by the Company.
5. Deposits
5.1 Deposits for kits and complete cars are payable as stated in the Price List and are not refundable.
5.2 If an extra deposit has been paid for special order Goods this extra amount is not refundable once work has begun on or parts have been ordered for the special order.
5.3 In the case of cancellation by the Purchaser the deposit will not be refunded but will be held (without earning interest) should the purchaser decide to re-order in the future.
6. Terms of Payment
6.1 Parts shall be paid for prior to despatch or upon collection or by return postage upon receipt if specifically arranged.
6.2 The Purchaser shall not make any deduction from the invoice price of Goods on account of any set-off or claim.
6.3 Interest at 5% per annum above National Westminster Bank plc base rate prevailing on the date of the Company’s invoice shall be payable by the Purchaser from the date of invoice to the date of payment of balance of amount owing.
7. Delivery & Collection
7.1 Unless a delivery or collection date is stated in writing by the Company to be binding such delivery dates shall not be the essence of the Agreement and the Company shall not be liable for failure to deliver Goods by such dates.
7.2 The Company will be entitled to make deliveries of Goods by instalments.
8. Property and Risk
8.1 Until all monies due to the Company have been paid by the Purchaser the Goods shall remain the property of the Company.
8.2 Where Goods are paid for by arrangement with Quantum Finance the terms and conditions will apply as set out within that agreement.
8.3 The Goods shall be at the risk of the Purchaser as soon as they are delivered to the premises of the Purchaser or otherwise to the order of the Purchaser.
8.4 If the Purchaser collects Goods from the Company’s premises risk is accepted by the Purchaser as soon as Goods are taken from the Company’s storage on site whether assistance is requested of or accepted from any servants of the Company.
9. Returnable Accessories
All returnable containers transportation dollies and other returnable build-up accessories will be chargeable and will be credited in full if returned to the Company’s premises carriage paid and in good condition within 30 days or the time stated upon invoices for such items if otherwise.
10. Non-Delivery & Returns
10.1 Liability for non-delivery of Goods will not be accepted by the Company unless it is notified in writing within 5 working days of the date of despatch.
10.2 The Purchaser shall inspect the Goods immediately on delivery. Any shortages breakages or apparent defects must be reported in writing to the Company within 5 working days of delivery. If the Purchaser does not give notice within such period the Goods will conclusively be presumed to be accepted.
10.3 If Goods are collected from the Company’s premises the Purchaser shall inspect the Goods immediately and prior to any loading onto or into the Purchaser’s vehicle and prior to leaving the premises in any other circumstances. Any shortages breakages or apparent defects must be agreed on the Premises with Company staff.
10.4 If the Company accepts the Purchaser’s claim under Clause 10.2 or 10.3 above it shall repair or replace the Goods or at its option allow the Purchaser credit in respect of the Goods. The Company shall not be liable for any further claims for direct indirect or consequential damage or loss.
10.5 Any parts returned which have been correctly supplied and which are not faulty will be subject to a 20% restocking charge.
11. Guarantee
11.1 Should any defect or failure of the Goods become apparent within the time stated in Clause 11.3 below which is proved to the Company’s satisfaction to be the result of defective material or workmanship and not the result of wear and tear accident or damage in transit the Company will repair the defective part or at its discretion supply or fit new parts as required.
11.2 If the Company accepts the Purchaser’s claim under Clause 11.1 above for Goods purchased from the Company the Goods must be returned to the Premises for repair or replacement of parts. The Company will not be liable for the cost of transportation.
11.3 The guarantee stated in 11.1 above applies for time periods from invoice date as stated below:
11.3.1 Complete cars for 3 months or 3000 miles whichever comes first unless stated otherwise on the Company’s “Quantums for Sale” list or agreed at time of sale.
11.3.2 Aesthetic appearance of gelcoats for 12 months from date of first sale of glassfibre component only if the colour chosen is one from the colour list recommended by the Company at the time of work commencing on that component.
12. General
12.1 The Company shall have no liability to the Purchaser in respect of any failure or delay in performing any of its contractual obligations to the Purchaser attributable to any cause of whatsoever nature beyond the Company’s reasonable control and no such failure or delay shall be deemed to constitute a breach of contract.
12.2 Under no circumstances will the Company or its servants agents or sub-contractors be liable for any loss or damage of any kind whatsoever (except arising from death or personal injury) whether consequential or otherwise caused directly or indirectly by any negligence on the part of the Company or on the part of any of its servants agents or subcontractors in connection with or arising from the sale of the Goods in connection with any advice or statement given or made by or on behalf of the Company.
