Speedaway Terms and Conditions of Trading

(1) "Business Customer" means a customer who is not a Consumer.

(2) "Consumer" means an individual who is not acting for the purposes of his or her business or profession.

(3) "Speedaway" means Speedaway Limited also referred to as "we" or "us" in these terms and conditions.

(4) "Catalogue" means the catalogue of products and services offered by Speedaway.

(5) "Force Majeure" means any cause affecting the performance by Speedaway of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.

(6) "Normal Working Hours" means 9 am to 6 pm on a Working Day.

(7) "Working days" means Monday to Friday, excluding Bank or other Public holidays.

Please note that special terms apply to Consumers, which prevail over the other provisions of these terms and conditions. Customers who are Consumers are referred to Clause 13.

Prices

(1) Goods and services, together with VAT, are invoiced at the price prevailing at time of order.

(2) Speedaway reserves the right to modify the prices from time to time.

Product specifications

(1) Speedaway makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer.

(2) If Speedaway cannot supply the goods ordered by the Customer, Speedaway reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to Speedaway in respect of that order, including carriage charges. This shall be the sole remedy of the Customer in these circumstances.

Trade names and Trade Marks

(1) Trade names and marks (other than Speedaway's) are not always indications of the actual manufacturer of a particular product and may rather be indicative of general use systems and machines associated with such products.

(2) In the case of component purchases, Customers requiring a particular brand of product should, before placing an order, check with Speedaway the identity of the manufacturer of component it is proposed to purchase.

Speedaway's liability

(1) In its dealings with Business Customers, Speedaway shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships loss of data and other financial loss. ("Financial loss" in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). Speedaway's liability in respect of all other losses shall be limited to the invoiced amount of the relevant order.

(2) Nothing in this agreement shall limit Speedaway's liability for death or personal injury caused by its negligence.

Health and Safety

(1) Speedaway confirms that the goods it supplies as a distributor do not present a hazard to health and safety

(a) when properly used for the purpose for which they are designed; and

(b) if the Customer takes reasonable and normal precautions in their use.

Force Majeure

(1) Where, in spite of its reasonable efforts, Speedaway is unable to perform an obligation due to circumstances beyond its reasonable control, it shall not be deemed to be in breach of its contract with the Customer.

NOT APPLICABLE

The Consumer Protection (Distance Selling) Regulations 2000

(1) Contracts for the purchase of goods by a Customer not acting in the course of a business and made over the telephone or through the Speedaway website, or by mail order, are, with the exception of certain excepted contracts, subject to The Consumer Protection (Distance Selling) Regulations 2000 ('the Regulations').

(2) If the Regulations apply, Customers may cancel goods purchased from Speedaway by sending a written notice of cancellation by post hand delivery addressed to 78a Oldbury Road, Blackheath, West Mids, B65 OJS , or by fax to 0121 559 0000 or by e-mail to internetsales@speedaway.co.uk

(3) The notice of cancellation must be delivered within 7 working days of the day after date of delivery of the goods.

(4) The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations. If the Customer does not actually return the goods to Speedaway, the Customer is under a duty to make the goods available for collection at the Customer's expense from the address to which they were delivered.

(5) The Customer is under a duty to retain possession of the goods whilst awaiting return to Speedaway and to take reasonable care of them during this period. The Customer will be liable for any loss of or damage to the goods if he or she fails to comply with this obligation.

Errors and Omissions

(1) Speedaway makes every effort to ensure that all prices and descriptions quoted in its catalogue and on its website are correct and accurate. However, the frenetic tempo of e-commerce makes it inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, Speedaway will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer's order and/or received payment from the Customer. Speedaway's liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by Speedaway after the manifest error has been discovered.

(2) A 'manifest error', as the term is used in sub-paragraph (1) above, means, in relation to an incorrect price, a price quoted in error by Speedaway which is more than 10% less than the price that would have been quoted had the mistake not been made.

General

(1) Nothing in these terms and conditions affects your statutory rights as a Consumer.

(2) If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.

(3) Any waiver of a breach of this Agreement must be in writing.

(4) Any variation of this Agreement must be in writing and signed by a duly authorised Speedaway official.

(5) The headings are for convenience only and shall not affect the interpretation of this Agreement.

(6) Any notices given under this Agreement shall be in writing and sent (a) by first class pre-paid post to the last known address of the party; or (b) by fax to their last known fax number; or (c) by e-mail to the last notified e-mail address of the party.

(7) These terms and conditions shall be governed by and construed in accordance with the laws of England & Wales and the parties submit to the non-exclusive jurisdiction of the English courts.