Terms & Conditions
Terms & Conditions relating to Plastics 4 Performance LTD
1.Please read the following information carefully. This website is owned and operated by Plastics 4 Performance Ltd. Your use of this website or our services is subject to the following terms and conditions. If you do not agree to these terms and conditions, you must not use this website or our services.
2.The address of Plastics 4 Performance for correspondence relating to this website can be found on the contact page.
3.Information in these website pages may contain inaccuracies or typographical errors and may be changed or updated without notice.
4.Whilst Plastics 4 Performance has taken every precaution in compiling this site neither it nor any contributors to the site can be held responsible for any action (or the lack thereof) taken by any person or organisation wherever they shall be based, as a result, direct or otherwise, on information contained in or accessed through this internet site.
5.The Plastics 4 Performance website and material container therein (including third party information, products and services), is provided 'as is', without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Users should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in this website. So far as permissible by law, 6.Plastics 4 Performance does not accept any liability to any person relating to the use of any such information.
7.We do not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or represent the full functionality, accuracy, reliability of the materials.
8. We make every effort to check and test material at all stages of production. It is always wise for you to run an anti-virus programme on all material downloaded from the Internet.
Copyright and trademarks
9. The content and design of these pages are subject to copyright owned by Plastics 4 Performance or used under licence from third party copyright owners. Reproduction is prohibited other than the following permission:
10. You may download, store and use information contained in or pages from this website for your own personal use and research or that of your firm or company. You may not republish, retransmit, redistribute or otherwise make such information or pages available to any other party or available on any web site, on-line service or bulletin board of your own or of any other party or make the same available in hard copy or on any other media without our express prior written consent.
11. Permission is granted only electronically to copy and/or print in hard copy portions of this website for personal non-commercial purposes. Any other use of materials on this website (including reproduction for purposes other than those noted above and modification, distribution or re-publication) is strictly prohibited.
12. All design, text, graphics, program code and the selection or arrangement of them are the copyright of us or our licensors.
13. All trade marks, brand names and business names or logos contained on this website are our property or that of their respective owners.
14. Any rights not expressly granted herein are reserved.
All copyright and other intellectual properties / Knowledge / know how and rights subsisting in this website (Portal) and its contents, including without limitation all text, images, graphics and code contained in the Portal, and in its look and feel (collectively, the "Contents") are owned by Plastics 4 Performance LTD (The Company), Except where otherwise specified, you may view, copy and print the Contents only for your own use, provided that all copies and print-outs of the Contents bear the copyright and other proprietary notices and disclaimers displayed on them on the Portal. The Company reserves the right, but has no obligation, to change the Contents at any time.
Other than as specified above, neither the Portal nor any of its Contents may be modified or copied in whole or part in any form, including by framing, incorporation into other websites or other publication, or be used to create any derivative work. Citations to the Contents of the Portal for the information purposes are permitted without a Company's permission but with a reference to the Company's Portal as source of information. None of the Company's nor any of its group companies' trade marks / Intellectual property / knowledge or know how may be used without the Company's prior written permission. The Company reserves all its rights in such trade marks / Intellectual property / knowledge or know how.
Other than as specified above, nothing on the Portal should be construed as granting any right or license. The Company does not guarantee that you have any right to use content available on the Portal that is owned by any third party, and that third party's permission will not be required before you use such content. None of the Content may be changed, nor may any copyright or author attribution notice appearing on any of the Contents be altered or removed, without the Company's prior permission.
LIMITATIONS UPON LIABILITY
15. Liability and Indemnity
15.1. Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
15.2. Subject to these terms, Plastics 4 Performance (Including Lexel Technical Plastics) will use reasonable endeavors to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website and Plastics 4 Performance (Including Lexel Technical Plastics) will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and further accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
15.3. Subject to these terms and conditions, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out herein, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
15.4. Subject to these terms and conditions, Plastics 4 Performance (Including Lexel Technical Plastics) will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
15.4.1. Economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
15.4.2. Loss of goodwill or reputation; or
15.4.3. Special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
15.5. Notwithstanding the above, subject to this clause 15, Plastics 4 Performance (Including Lexel Technical Plastics)’ aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same cause.
15.6. This clause 15 does not affect your statutory rights as a consumer, nor does it affect the contract cancellation rights of a consumer purchasing by means covered by the Distance Selling Regulations.
15.7. We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorized access to information provided by you.
16. Advice given by employee representatives of this company during telephone/Internet orders is based entirely upon information given by you, the purchaser with no inspection of any vehicle or part undertaken. As such, all advice given is indicative only and all such advice should be checked by the purchaser prior to order. Where advice is given after visual inspection by employee representatives of this company, such advice shall amount to an opinion only. Additionally, goods supplied are supplied only to correspond to the purpose or purposes for which goods of that kind are commonly supplied and not alternative uses to which they may be put. No liability for failure can be accepted by this company for such alternative use, amendment or modification.
17. For trade buyers, the company is hereby excluded from any liability, howsoever arising, in respect of any express or implied condition, warranty or term, statement, representation whether statutory or otherwise, relating to the goods supplied. The trade buyer accepts that he is best placed to insure against losses which arise by virtue of any breach of this agreement and warrants that he carries adequate insurance in this respect.
18. Goods ordered by the Buyer may not be compatible with vehicles which have been modified, adapted or altered. Where goods ordered by the Purchaser are not compatible by reason of modification, adaptation or alteration, Plastics 4 Performance may accept such goods back into stock entirely at its discretion, and shall either issue a refund or credit to the purchaser except where goods are specifically ordered for the purchaser where no such refund or credit will apply.
19. Where goods purchased by the buyer are alleged to be defective, the purchaser agrees to return such goods to the seller for inspection and report (without the seller replacing the said goods prior to such inspection). The purchaser also accepts that it is reasonable to inform the seller of any interruption, defect or other failure prior to contacting independent third parties or incurring expense and, in addition, to allow the seller to remedy the defect, failure or interruption. Parts modified or adapted by the purchaser shall no longer be warranted by the manufacturer nor shall the Company be liable for any failures resulting subsequent to modification as a result of such modification.
20. Competition goods are supplied for specialist use and are subject to extreme heat and stress whilst in use. Life expectancy and durability are greatly reduced and purchasers should note that any claim for failure/wear, shall not be entertained by Plastics 4 Performance . It is acknowledged by the buyer of such goods that the foregoing statement shall be a relevant and important issue in any claim brought against the Company and the Company shall, in turn, place importance upon this clause. In addition, parts connected to parts supplied by this company may be placed under stress where specialist/competition parts are used, and purchasers should take advice from experts prior to purchase. Manufacturers may also limit guarantees when components are installed for competition use.
21. Where goods are alleged to be either defective, incorrectly supplied, delayed or otherwise in breach of the implied terms of the buyers’ statutory rights, all losses which result from loss of competition points, awards, loss of entry fees or other similar losses, are excluded and shall not be reclaimable from the Company. In addition, the Company shall accept no liability for death or personal injury unless caused directly by the Companies own negligence.
22. No liability is accepted by the company where purchasers attempt to modify or install components supplied where it is known or ought reasonably to be known to the Purchaser that the part supplied is incorrectly supplied or otherwise not in accordance with the order.
23. The company accepts no liability in respect of failure to supply or other interruptions caused by matters beyond the reasonable control of the company, including but without limitation, strikes, lockouts, civil disputes, acts of God, war or actions by third parties.
24. Notwithstanding any other provision of this Agreement, nothing in this Agreement shall confer a benefit on any person or persons not named as the purchaser herein (for the purposes of the Contract (Rights of Third Parties) Act 1999 or for any other purpose).
25. Plastics 4 Performance markets its products on the basis that they will be used for domestic and/or racing use only, if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurances. Where you decide to use the products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
26. Plastics 4 Performance shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
27. You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by Plastics 4 Performance (Including Lexel Technical Plastics).
28. Plastics 4 Performance reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
29. If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
30. These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party except:
(a) Plastics 4 Performance (Including Lexel Technical Plastics) (as defined above) shall have the right to enforce any rights or benefits under these terms and conditions;
(b) Plastics 4 Performance (Including Lexel Technical Plastics) shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions;
(c) A person who is a permitted successor or assignee by virtue of these terms and conditions of the rights or benefits of these terms and conditions may enforce such rights or benefits;
(d) No consent from the persons referred to herein is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
31. No delay or failure by Plastics 4 Performance to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Plastics 4 Performance (Including Lexel Technical Plastics).
32. These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and Plastics 4 Performance relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and Plastics 4 Performance (Including Lexel Technical Plastics) for your use of this website, Plastics 4 Performance brochure or showroom purchase facilities.
33. Time for payment will be of the essence.
33.1. If any sum payable under the Contract is not paid when due then, without prejudice to our other rights under the Contract, that sum will bear interest from the due date until payment is made in full, both before and after any judgment, at 4% per annum over Lloyds TSB bank plc base rate from time to time and we will be entitled to suspend deliveries of the Goods until the outstanding amount has been received by us and you will also be responsible for any reasonable bank charges, or other third party commission charges or other costs that we have incurred.
33.2. Quotations are given on the assumption that no variation in the price will be made by the manufacturer/sole importer and that Government levies remain unaltered. In the event of such changes, the trade buyer shall be liable for the full cost of any change without notice from the Company. A Consumer Buyer shall be contacted by the Company and consent for any price increase obtained. Where no such consent is obtained, the Consumer Buyers agreement to purchase shall be treated as cancelled. Buyers are hereby informed that calling down of smaller quantities of material than ordered may increase the overall price per unit, there being reduced economies of scale in order. The resultant additional cost shall be the buyers.
33.3. Unless otherwise stipulated within the sales invoice/order form, all accounts are payable with order or otherwise in accordance with the terms of the trade buyer's credit account. Where default occurs in payment by the trade buyer, default interest shall become payable in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and regulations at the maximum rate permissible.
33.4. Cancelled orders that are part way through production will be invoiced to the buyer , We will determine the amount based on the materials and labour used prior the point of cancellation. Invoices for cancellecd orders are to be paid immediatly and are not subject to any usual terms and conditions unless agreed in writing by both parties. The part finished goods will be made available for collection and will be stored for free for a maximum period of 8 weeks after the cancellation invoice has been raised. After 8 weeks we will charge a storage fee of £25.00 (+VAT) per month for up to 12 months after the 8 week grace period. If the storage invoices are not paid when due you will be informed that the goods will be disposed off. After 12 months we will no longer offer storage. if no attempt has been made to collect the goods within 4 weeks from the end of the 12 month period the goods will be disposed of. If the storage invoices are not paid when due you will be informed that the goods will be disposed of. Plastics 4 Performance will not be held responsible for any damage or loss occured during storage as we do not have dedicated storage facilities.
TITLE AND DELIVERY
34. Ownership or Title to the product shall not pass to the buyer until the company has received payment in full. In the event that sums owing in respect of other items ordered remain due, apportionment by this company shall take place without prejudice to the right to retain title or ownership in respect of all goods ordered
35. Delivery times will be quoted at time of order and all times given for despatch or delivery are approximate and time shall not be of the essence. The buyer agrees to give 20 days in any written notice making time of the essence, such notice to commence subsequent to the last time for delivery quoted by the Company. The Buyer further agrees to accept full liability in respect of delayed or late delivery or dispatch prior to the expiry of any such notice. In respect of special order goods, the buyer acknowledges that further delays may occur and allows the company 30 days in any written notice, such notice to commence subsequent to the last time for delivery quoted by the Company. In any event, delivery times are approximate and variable. When delivery is affected to the purchaser directly or to an independent delivery contractor as agent for the purchaser, risk shall pass to the buyer immediately.
36. The Buyer is required to notify the company, in writing, of any shortage, misdelivery or other discrepancy immediately, or at the latest within seven days of such shortage, misdelivery or failure, thereafter the buyer shall be liable for any such discrepancy. Where delivery is affected to the buyers own independent delivery contractor, loss or damage in transit claims should be made directly to the carrier. The company will assist purchasers in making their claim. Buyers should retain all packaging in the event of a claim or return within the terms of this agreement.
37. Delivery and packing prices are not included in any pricing unless agreed beforehand and shall always be shown on any quotations.
38. Any purchaser will not own the goods until they have been paid for in full, in the event of non payment Plastics 4 Performance (Including Lexel Technical plastics) reserves the right to remove or have the goods removed and returned at the purchasers cost, our standard re-stocking fee will also be charged, you do not have the right to pass title or ownership to a third party unless the goods are fully paid for.
Links to external sites
Links contained in the Plastics 4 Performance website will lead to other websites which are not under our control. We are not responsible for the content of any linked site. Listing and linking should not be taken as an endorsement of any kind and we accept no liability in respect of the content. We cannot guarantee that these links will work all of the time and have no control over the availability of the linked pages.
Data protection and privacy
Under the Data Protection Act, we have a legal duty to protect any information we collect from you. We do not pass on your details to any third party unless you give us permission to do so.
The above does not apply to users sending email to Plastics 4 Performance addresses or lists on this site (some of which may not be in the Plastics4Performance.com or .co.uk domain) or responses to user completed forms on web pages.
Email interactions are guided by general net-etiquette conventions.
Plastics 4 Performance does not use technologies such as cookies to maintain any information on users.
Log files are analysed to determinea number of statistics and to record visitors' use of the site. We use the log file information to make changes to the content and layout of the site, based on the way visitors move around it.
The content of this website, any dispute arising out of the website and your relationship with us are governed by English law and shall be subject to the exclusive jurisdiction of the English Courts.
VAT and customs charges, Import Charges
All UK sales will have VAT added at the Governments set rate, For exports into Europe NO VAT will be added but we require Business EORI numbers , For Exports outside of the EU, NO VAT will not be added if we ship the goods, If you decide to arrange your own shipping we would usually add the UK VAT until you shipping company provides proof that the goods have left the UK, we will then refund the VAT - please be aware your country may impose an Import tax which YOU will be required to pay, This is usually collected for the Government by the Postal service or carrier and can be often be called a Brokerage Fee, or Import tax etc.
You agree to indemnify and hold the Company (including its officers, directors, shareholders, employees, agents and other representatives) harmless from all liabilities, claims and expenses (including reasonable attorneys' fees and expenses) resulting from your (i) breach of this Legal Notice, (ii) misuse of the Portal or any of the Contents, or (iii) infringement of any of the Company's intellectual-property rights.
Company details as registered.
Plastics 4 Performance Ltd
Unit 5 Belmont Works
Company registration number - 6416992
VAT No - GB925038924