Terms and Conditions
1) These terms and conditions apply to all sales of Goods and/or Services provided by us to you.
2) Payment of all invoices are due within twenty days of their receipt unless otherwise agreed with Augment Automotive, failure to do may result in a charge or the receding of the contract and confiscation of all Augment Automotive products/services.
3) In the event of a cheque not clearing by our bank and being represented or returned to the drawer, our appointed agents shall contact you and will charge a fee of a minimum of £75 for each cheque so returned to cover bank charges and administration costs.
4) All brochures, specifications, drawings, catalogues, particulars, shapes, descriptions and illustrations, application guides and information, price lists and other advertising matter are intended only to present a general idea of the Goods and Services described in them.
5) Technical specifications are approximations unless specifically stated otherwise.
6) We prohibit the recording of professional or technical Services provided by Augment Automotive, or the passing on of any information, training and consultancy to third parties without the prior written consent of us.
7) You may cancel a contract at any time within 7 working days, beginning on the day you make a payment for the goods or receive the products in question, whichever comes first. If you want to cancel the Contract within this Cooling-Off Period a refund, (or if you require an exchange or replacement) will be provided. To cancel a contract you must inform us in writing either via email or post within this 7 day period.
8) Time of delivery will not be of the essence and any delivery date is an estimate only. We will use all reasonable endeavors to avoid late deliveries. You will have the right to cancel any order without liability to us if delivery is more than 30 days late.
9) Our liability for non-delivery of the Goods will be limited to, at our discretion, replacing the Goods within a reasonable time, issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods or a refund of the purchase price paid.
10) Any claim that any Goods have been delivered damaged or do not materially comply with their description will be notified by you to us, Augment Automotive and, where appropriate, within 7 days of their delivery. Provided that you return such Goods to us within 7 days we will at our sole discretion replace such Goods, issue you with a credit note for the price of such Goods or refund the price paid for such Goods.
11) No legal title shall pass from the seller to the buyer until all sums due under the contract are paid, even where the buyer maintains physical possession, the buyer will be deemed to hold all goods as bailee for the seller until all sums are paid. The buyer is also required to store the Goods (at no cost to Augment Automotive) separately from all other products belonging to the buyer or any third party in such a way that they remain readily identifiable as Augment Automotive’s property until all sums due are paid. Where Augment Automotive’s products are irreversibly incorporated into another’s property Augment Automotive will inherit a proprietary interest in the new property until all sums due are paid. Augment Automotive shall also have a proprietary interest in the proceeds of any sale made by the buyer of the goods which are the product of the seller’s manufacturing process.
a. The ‘sale’ of the property (as defined by Sale of Goods Act s.4(2)) shall not occur until all payments due under the contract are paid.
b. This clause applies to the products/services specifically listed in the above invoice.
12) Subject to the provisions of these terms, the following provisions set out the entire financial liability of Augment Automotive (including any liability for the acts or omissions of our employees, agents and sub-contractors) to the buyer in respect of:
a. Any breach of these terms; and
b. Any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
13) Nothing in these terms excludes or limits our liability:
a. For death or personal injury caused by our negligence; under section 2(3) of the Consumer Protection Act 1987; for fraud or for fraudulent misrepresentation; or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
14) Subject to clause 13, we will not be liable to you for:
a. Any indirect or consequential, special or punitive loss, damage, costs or expenses; loss of profit; loss of business; loss of income or revenue; loss or corruption of or damage to data; waste of management or office time; or depletion of goodwill.
15) Subject to clause 13, our total liability to you under or connected with these terms will not exceed 100% (one hundred per cent) of the price payable for the Goods and/or Services for any one event or series of connected events.
16) Augment Automotive accepts no liability for the modifications to your vehicle which may well alter the performance and as such it is the owner’s responsibility to ensure that all aspects of the vehicles mechanical condition and the parts fitted to the vehicle are suitable for the increased performance.
a. In the interest of driver and passenger safety it is recommend that specific attention is paid to the speed rating of the tyres fitted to the vehicle.
b. This product may be supplied either as either blank with no map, which you may develop yourself at your own risk or with a base map suitable to run the engine low RMP and low load to enable a more appropriate map to be developed by the engine user or a tuning agent, again at the buyers own risk.
c. In the final analysis it is the responsibility of the engine user to develop a suitable map for the engine concerned.
17) It is a specific condition of contract that all modifications are carried out at owners’ own risk and Augment Automotive accepts no liability for any damage, accidents, negligence or any consequential loss that arises as a result of the provision of such goods/services.
a. Augment Automotive does not accept any liability for any damages or defects arising out of improper or abnormal use or handling of their products and services.
b. It is the responsibility of the buyer to ensure that all products produced by Augment Automotive are used correctly, this includes, but is not limited to, the correctness and suitability of the map produced for the engine concerned.