1. Application of Conditions
1.1 AT Power Throttles Limited shall supply and the Customer shall purchase the Goods and Services in accordance with the accepted order which are subject to these Conditions. The customers attention is drawn, in-particular to the provisions of clause 16.
1.2 The Contract shall be to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Customer.
2. Definitions and Interpretation
2.1 In these Conditions: -
"Business Day" means any day (other than a Saturday, Sunday or UK public bank holiday).
"the Customer" means the person or company who accepts a quotation or offer of AT Power Throttles Limited for the sale of the Goods and supply of the Services, or whose order for the Goods and Services is accepted by AT Power Throttles Limited;
“Commencement Date” means the commencement date for this agreement as set out in the accepted order;
"the Contract" means the contract between AT Power Throttles Limited and the customer for the purchase and sale of the Goods and supply of the Services under these conditions;
“these Conditions” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Customer and AT Power Throttles Limited;
“the Delivery Date” means the date on which the Goods and Services are to be delivered as stipulated in the Customer's order and accepted by AT Power Throttles Limited;
“the Goods” means the goods (including any instalment of the goods or any parts for them) which AT Power Throttles Limited is to supply in accordance with these Conditions;
“month” means a calendar month;
“the Services” means the Services to be provided to the Customer as set out in the accepted order;
“AT Power Throttles Limited” means AT Power Throttles Limited, which is an Aftermarket Motorsport & Automotive Company registered in England under 8319006, and whose principal office is at 9 Chestnut Drive, Wymondham, Norfolk, NR18 8SB.
“Intellectual Property Rights” or “IPR” means any patents, rights to designs & inventions, copyright and related rights, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, registered or unregistered trade mark or service mark, copyright, registered designs or unregistered designs right, any application for any of the foregoing. Any right in respect of technical or commercial information and any other form of protection (including know-how) and all other intellectual property in each case whether registered or unregistered and including all applications and rights to apply for and be granted renewals or extensions.
“Information” means all drawings, descriptions, specifications, designs, documents and other information (including without limitation features contained in any of the foregoing or in any objects or software), whether business or technical.
“Writing” includes any communications effected by telex, facsimile transmission, electronic mail or any comparable means.
“Consumer” means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession as set out in the Consumer Rights Act 2015. Any terms displayed do not affect a consumer’s civil rights.
“Order” the Customer's order for the Goods, as set out: (a) on a purchase from AT Power Throttles Limited website, in the Customer's internet purchase order form on AT Power Throttles Limited website (Website Orders), or (b) on a purchase by telephone, AT Power Throttles Limited written note confirming the details of the conversation or (c) on a written request (including by e-mail or fax), the Customer’s notice in writing of its request to purchase ((b) and (c) together being Remote Orders), or (d) the Customer physically attending AT Power Throttles Limited premises and requesting such Goods (Personal Orders).
2.2 Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.
2.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
3. Basis of Sale and Service
3.1 AT Power Throttles Limited employees or agents are not authorised to make any representations concerning the Goods and Services unless confirmed by AT Power Throttles Limited in writing. In entering into the Contract, the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
3.2 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3.3 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Customer and AT Power Throttles Limited.
3.4 Quotations supplied by AT Power Throttles Limited shall only be valid for a period of 30 Business Days from its date of issue.
3.5 The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order and any applicable Specification are complete and accurate.
3.6 Sales literature, price lists and other documents issued by AT Power Throttles Limited in relation to the Goods and Services are subject to alteration without notice and do not constitute offers to sell the Goods which are capable of acceptance.
3.7 An order placed by the Customer may not be withdrawn cancelled or altered prior to acceptance by AT Power Throttles Limited and no contract for the sale of the Goods and Services shall be binding on AT Power Throttles Limited unless AT Power Throttles Limited has issued a Sales Invoice which is expressed to be an offer to sell the goods and services or has accepted an order placed by the Customer by whichever is the earlier of:-
AT Power Throttles Limited written acceptance;
Delivery of the Goods; or
AT Power Throttles Limited invoice.
3.8 Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by AT Power Throttles Limited shall be subject to correction without any liability on the part of AT Power Throttles Limited.
4. CONSUMERS’ RIGHT TO CANCEL (THIS CLAUSE 4 ONLY APPLIES TO CONSUMERS WHO HAVE MADE WEBSITE ORDERS OR REMOTE ORDERS)
4.1 In the event that a Website Order or a Remote Order is made by a Customer who is a consumer, providing the Goods were not manufactured to the bespoke specifications of the Customer, the Customer has a right to cancel their Order pursuant to the Consumer Contracts regulations 2013.
4.2 This right to cancel must be exercised no later than 14 days after the Goods have been delivered by completing and returning the Returns Form set out at the end of these Conditions by post to AT Power Throttles Limited Unit 9, Chestnut Drive, Wymondham, Norfolk, NR18 9SB, or by e-mail to firstname.lastname@example.org.
4.3 In order to exercise their right to cancel, the Customer must either return the Goods in person or post them to AT Power Throttles Limited premises or (if they are not suitable for posting) allow AT Power Throttles Limited to arrange collection of the Goods within 14 days of issuing the notice of cancellation. The Customer shall be responsible for the costs of returning the Goods to AT Power Throttles Limited and if AT Power Throttles Limited is required to collect the Goods the Customer shall be liable to pay AT Power Throttles Limited costs of collection.
4.4 AT Power Throttles Limited shall refund the Customer the price paid for the Goods, by the method you used for payment. However, AT Power Throttles Limited shall be entitled to reduce the refund (excluding delivery costs) to reflect any reduction in the diminished value of the Goods caused by the Customer’s handling.
5. The Goods
5.1 No order submitted by the Customer shall be deemed to be accepted by AT Power Throttles Limited unless and until confirmed in writing by AT Power Throttles Limited authorised representative.
5.2 The specification for the Goods shall be those set out in AT Power Throttles Limited sales documentation unless varied expressly in the Customer's order (if accepted by AT Power Throttles Limited). The Goods will only be supplied in the minimum units (or multiples) stated in AT Power Throttles Limited price list or in multiples of the sales outer as specified. Orders received for quantities other than these will be adjusted accordingly.
5.3 Illustrations, photographs or descriptions whether in catalogues, brochures, price lists or other documents issued by AT Power Throttles Limited are intended as a guide only and shall not be binding on AT Power Throttles Limited.
5.4 AT Power Throttles Limited reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory or regulatory requirements or, where the Goods are to be supplied to AT Power Throttles Limited specification, which do not materially affect their quality or performance.
5.5 No order which has been accepted by AT Power Throttles Limited may be cancelled by the Customer except with the agreement in writing of AT Power Throttles Limited on the terms that the Customer shall indemnify AT Power Throttles Limited in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by AT Power Throttles Limited as a result of cancellation.
6. The Services
6.1 With effect from the Commencement Date AT Power Throttles Limited shall, in consideration of the Fees being paid in accordance with the Terms of Payment, provide the services expressly identified in the accepted order or otherwise agreed under this agreement.
6.2 AT Power Throttles Limited will use reasonable care and skill to perform the services identified in the accepted order or otherwise agreed under this agreement.
6.2 AT Power Throttles Limited shall use all reasonable endeavours to complete its obligations under the Schedule, but time will not be of the essence in the performance of these obligations.
7.1 The price of the Goods and Services shall be the price list current at the date of acceptance of the Customer's order or such other price as may be agreed in writing by AT Power Throttles Limited and the Customer.
7.2 Where AT Power Throttles Limited has quoted a price for the Goods and Services other than in accordance with AT Power Throttles Limited published price list the price quoted shall be valid for 30 days only or such lesser time as AT Power Throttles Limited may specify.
7.3 AT Power Throttles Limited reserves the right, by giving notice to the Customer at any time before delivery, to increase the price of the Goods and Services to reflect any increase in the cost to AT Power Throttles Limited which is due to any factor beyond the control of AT Power Throttles Limited (such as any change to initially requested delivery address, quantities or specifications for the Goods and Services which are requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give AT Power Throttles Limited adequate information or instructions.
7.4 Except as otherwise stated under the terms of any accepted order or in any price list of AT Power Throttles Limited, and unless otherwise agreed in writing between the Customer and AT Power Throttles Limited, all prices are exclusive of VAT and charges of packaging and transport of the goods which shall be paid by the customer when it pays for the Goods.
7.5 The price is exclusive of any applicable taxes or levies of a similar nature which are imposed or charged by any competent fiscal authority in respect of the Goods and Services, which the Customer shall be additionally liable to pay.
8.1 All payments required to be made pursuant to this Agreement shall be made at 100% at the point of order and before manufacturing will commence, without any set-off, withholding or deduction except such amount (if any) of tax as that party is required to deduct or withhold by law.
8.2 The time of payment shall be of the essence of these terms and conditions. If the Customer fails to make any payment on the due date in respect of the price or any other sum due under these terms and conditions then AT Power Throttles Limited shall, without prejudice to any right which AT Power Throttles Limited may have pursuant to any statutory provision in force from time to time, have the right to charge the Customer interest on a daily basis at an annual rate equal to the aggregate of 8 per cent and the base rate of Bank of England from time to time, on any sum due and not paid on the due date. Such interest shall be calculated cumulatively on a daily basis and shall run from day to day and accrue after as well as before any judgement.
8.3 All payments shall be made to AT Power Throttles Limited as indicated on the form of acceptance or invoice issued by AT Power Throttles Limited.
9. Returns Policy
9.1 In the event you wish to return the goods, the customer should complete in full the AT Power Throttles Ltd Returns Form supplied with the original goods.
9.2 Replacement Returns Forms can be obtained by contacting AT Power Throttles Limited.
9.3 Subject to clause 4, AT Power Throttles Limited may at its sole discretion refund the Customer the price of any unused standard Goods less 20% to account for AT Power Throttles Limited administration and delivery costs, provided that the unused Goods are returned to AT Power within 30 days of delivery at the Customer’s expense and the Goods are in the same condition as they were on delivery to the Customer.
9.4 AT Power Throttles Limited may at its sole discretion refund to the Customer the price of any Goods manufactured to the bespoke specifications of the Customer less a minimum of 30% to account for AT Power Throttles Limited administration and delivery costs, provided that the unused Goods are returned to AT Power Throttles Limited within 30 days of delivery at the Customer’s expense and the Goods are in the same condition as they were on delivery to the Customer.
10. Delivery and Performance
10.1 AT Power Throttles Limited shall deliver the Goods to the agreed Delivery Location. Delivery of the Goods shall be completed on the Goods' arrival at the Delivery Location and the Customer shall be deemed to have acknowledged delivery of the Goods in full unless, within 5 Business Days of the date of delivery, it notifies AT Power in writing that the Goods were not delivered in full and provides reasonable details of alleged omission or shortfall.
10.2 Any dates quoted for delivery at the point of sale are approximate only and the time of delivery shall not be of the essence. AT Power Throttles Limited shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the customers failure to provide AT Power Throttles Limited with adequate delivery instructions or any other instructions that are relevant to the supply of Goods.
10.3 The Goods may be delivered by AT Power Throttles Limited in advance of the Delivery Date upon giving reasonable notice to the Customer.
10.4 AT Power Throttles Limited will notify the customer if delivery dates quoted at the point of sale cannot be achieved within the given timescale.
10.5 If the Customer fails to take delivery of the Goods or any part of them on the Delivery Date and/or fails to provide any instructions, documents, licences, consents or authorisations required to enable the Goods to be delivered on that date, AT Power Throttles Limited shall be entitled upon giving written notice to the Customer to store or arrange for the storage of the Goods and then notwithstanding the provision of Condition 12 of these Conditions risk in the Goods shall pass to the Customer, delivery shall be deemed to have taken place and the Customer shall pay to AT Power Throttles Limited all costs and expenses including storage and insurance charges arising from such failure.
10.6 With effect from the Commencement Date AT Power Throttles Limited shall, in consideration of the amount(s) being paid in accordance with the accepted order, provide the services expressly identified in the schedule or otherwise agreed under this agreement.
11. Non-Delivery of Goods and Services
11.1 If AT Power Throttles Limited fails to deliver the Goods or Services and any of them on the Delivery Date other than for reasons outside AT Power Throttles Limited reasonable control or the Customer's or its carrier's fault: -
11.2 if AT Power Throttles Limited delivers the Goods and Services at any time thereafter AT Power Throttles Limited shall have no liability in respect of such late delivery;
11.3 if the Customer gives written notice to AT Power Throttles Limited within 7 Business Days after the Delivery Date and AT Power Throttles Limited fails to deliver the Goods and Services within 14 Business Days after receiving such notice the Customer may cancel the order and AT Power Throttles Limited liability shall be limited to the excess (if any) of the cost to the Customer (in the cheapest available market) of similar goods to those not delivered over the price of the Goods not delivered.
12. Title and Risk
12.1 Risk of damage to or loss of the Goods shall pass to the Customer at: -
12.2 The risk in the Goods shall pass to the Customer on completion of delivery.
12.3 in the case of Goods to be collected from AT Power Throttles Limited premises, the time when the Customer physically collects the goods.
12.4 If the Customer wrongfully fails to take delivery of the Goods, the time when AT Power Throttles Limited has tendered delivery of the Goods.
12.5 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Customer until AT Power Throttles Limited has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by AT Power Throttles Limited to the Customer for which payment is then due.
12.6 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of AT Power Throttles Limited, but if the Customer does so all money owing by the Customer to AT Power Throttles Limited shall (without prejudice to any other right or remedy of AT Power Throttles Limited) forthwith become due and payable.
13.1 AT Power Throttles Limited may assign the Contract or any part of it to any person, firm or company.
13.2 The Customer shall not be entitled to assign the Contract or any part of it without the prior written consent of AT Power Throttles Limited.
13.3 NO variation of this contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
14. Defective Goods
14.1 AT Power Throttles Limited warrants that on delivery, and for a period of 12 months from the date of delivery (warranty period), the Goods shall be free from material defects in design, material and workmanship, when dealing with a consumer, be of satisfactory quality (within the meaning of The Consumer Rights Act 2015) and providing that the Goods are used for a purpose and in a manner which AT Power Throttles Limited at its sole discretion deems reasonable in the context of high-performance motor sports.
14.2 If on delivery any of the Goods are defective in any material respects with their description and any applicable specifications and either the Customer lawfully refuses delivery of the defective Goods or, if they are signed for on delivery "condition and contents unknown" the Customer should notify AT Power Throttles Limited straight away to discuss next steps, this does not affect a consumers civil rights.
14.3 AT Power Throttles Limited shall require the return of the goods as supplied to undergo a quality control inspection. AT Power will notify the customer of the conclusion from its’ quality control inspection and shall at its option:
14.4 Replace the defective Goods within 30 days of receiving the Customer's notice; or
14.5 Refund to the Customer the price for the goods which are defective; but AT Power Throttles Limited shall have no further liability to the Customer in respect thereof and the Customer may not reject the Goods if delivery is not refused or notice given by the Customer aforesaid.
14.6 No Goods may be returned to AT Power Throttles Limited without the prior agreement in writing to AT Power Throttles Limited. Subject thereto any Goods returned which AT Power Throttles Limited is satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection shall either be replaced free of charge or, at AT Power Throttles Limited sole discretion AT Power Throttles Limited shall refund or credit to the Customer the price of such defective Goods but AT Power Throttles Limited shall have no further liability to the Customer.
14.7 AT Power Throttles Limited shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to normal conditions, failure to follow AT Power Throttles Limited instructions (whether oral or in writing), misuse, alteration or repair of the Goods without AT Power Throttles Limited approval, or any other act or omission on the part of the Customer, its employees or agents or any third party.
14.8 Goods, other than defective Goods returned under Conditions 14.1 or 14.2, returned by the Customer and accepted by AT Power Throttles Limited may be credited to the Customer at AT Power Throttles Limited sole discretion and without any obligation on the part of AT Power Throttles Limited.
14.9 Subject as expressly provided in these Conditions, and except where the Goods are sold under a consumer sale, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
14.10 The Customer shall be responsible to ensure that, except to the extent that instructions as to the use or sale of the Goods are contained in the packaging or labelling of the Goods, any use or sale of the Goods by the Customer is in compliance with all applicable statutory handling and sale of the Goods by the Customer is carried out in accordance with directions given by AT Power Throttles Limited or any competent governmental or regulatory authority and the Customer will indemnify AT Power Throttles Limited against any liability loss or damage which AT Power Throttles Limited might suffer as a result of the Customer's failure to comply with this condition.
15. Customer's Default
15.1 If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to AT Power Throttles Limited, AT Power Throttles shall be entitled to: -
15.2 Cancel the order or suspend any further deliveries of Goods and Services to the Customer;
15.3 Appropriate any payment made by the Customer to such of the Goods and Services (or the goods supplied under any other contract between the Customer and AT Power Throttles Limited) as AT Power Throttles Limited may think fit (notwithstanding any purported appropriation by the Customer); and
15.4 This condition applies if: -
15.5 The Customer fails to perform or observe any of its obligations hereunder or is otherwise in breach of the Contract or
15.6 The Customer becomes subject to an administration order or makes any voluntary arrangement with its creditors (within the meaning of The Insolvency Act 1986) or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation; or
15.7 An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer; or
15.8 The Customer ceases, or threatens to cease, to carry on business; or
15.9 AT Power Throttles Limited reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
15.10 If Condition 15.2 applies then, without prejudice to any other right or remedy available to AT Power Throttles Limited , AT Power Throttles Limited shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
16. Liability and Risk
16.1 The Liability and Risk in the Goods shall pass to the customer on completion of delivery.
16.2 Except in respect of death or personal injury caused by AT Power Throttles Limited negligence, AT Power Throttles Limited will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under express terms of this contract, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by AT Power Throttles Limited, it’s servants or agents or otherwise) which arise out of or in connection with the supply of the Goods and Services.
16.3 The Customer shall indemnify AT Power Throttles Limited against all damages, costs, claims and expenses suffered by arising from loss or damage to any equipment (including that of third parties) caused by the Customer, or its agent or employees.
16.4 Where the Customer consists of two or more persons such expression throughout shall mean and include such two or more persons and each or any of them. All obligations on the part of such a Customer shall be joint and several obligations of such persons.
16.5 AT Power Throttles Limited shall not be liable to the Customer or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of AT Power Throttles Limited obligations if the delay or failure was due to any cause beyond AT Power Throttles Limited reasonable control.
17.1 All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first-class post or sent by fax or sent by electronic mail:
17.2 (in the case of communications to AT Power Throttles Limited) to its registered office or such changed address as shall be notified to the Customer by AT Power Throttles Limited; or
17.3 (in the case of the communications to the Customer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Customer set out in any document which forms part of the Contract or such other address as shall be notified to AT Power Throttles Limited by the Customer.
17.4 Communications shall be deemed to have been received:
17.5 If sent by pre-paid first-class post, two Business Days after posting (exclusive of the day of posting); or
17.6 If delivered by hand, on the day of delivery; or
17.7 If sent by fax or electronic mail on a Business Day prior to 4.00 pm, at the time of transmission and otherwise on the next Business Day.
17.8 Communications addressed to AT Power Throttles Limited shall be marked for the attention of the Managing Director.
18. Intellectual Property Rights
18.1 All IPR in the Services, Goods, specification(s) and design(s) of the Goods shall, be the property of AT Power Throttles Limited. The Customer represents and warrants that the use of any design(s), specification(s) and/or instruction(s) (or any part thereof) provided directly or indirectly by the Customer will not infringe any rights of any third party. The Customer shall indemnify and hold harmless AT Power Throttles Limited against any and all claims alleging infringement of trademarks, trade names, patents, copyrights, designs, registered designs and/or any other IPR (including without limitation any “passing off” claims) which arise as a result of AT Power Throttles Limited compliance with the Customer’s specification(s), design(s) and/or instruction(s) (or any part thereof). The Customer shall notify AT Power Throttles Limited forthwith of any claim(s) that the sale, use or other exercise of the goods infringes any IPR and give to AT Power Throttles Limited all authority and information and every reasonable assistance required by AT Power Throttles Limited for the defense of any such claim(s) and shall not itself admit, handle, deal with or compromise any such claim(s) except with the written consent of AT Power Throttles Limited;
18.2 The Customer shall comply with all instructions of AT Power Throttles Limited and all legislation in relation to the sale, processing, storage and use of the Goods or Services. AT Power Throttles Limited may without liability cancel or suspend any deliveries or manufacture of any of the Goods or Services which have become the subject of a claim by a third-party alleging infringement of any IPR.
18.3 The contract does not grant the Customer or any other third party any license, express or implied, under any IPR of AT Power Throttles Limited for the Services, Goods or any product, process, design or machine of which the Services or Goods form part, nor does the sale of the Services or Goods or supply of supporting information imply, represent or warrant that the Services or Goods do not infringe the rights (including without limitation the IPR) of a (or any) third party (and for the avoidance of doubt no indemnity is given by AT Power Throttles Limited in relation to any such infringement(s) or alleged infringement(s)).
Any Information supplied or otherwise disclosed by AT Power Throttles Limited is supplied or disclosed on the express understanding that such supply or disclosure shall not be construed as passing to the Customer any copyright (or any other rights whatsoever) in such Information. All rights including, without limitation, copyright and property in all such Information shall remain vested in AT Power Throttles Limited.
20. Force Majeure Event
Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
If any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected and if any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
23. Third Party Rights
A person who is not a party to the Contract shall have no rights under the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999.
24. Governing Law and Jurisdiction
These terms and conditions shall be governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English and Welsh courts.
MOTORSPORT OR DRIVING CAN BE DANGEROUS RESULTING IN DEATH OR PERSONAL INJURY. READ OUR FITTING INSTRUCTIONS CAREFULLY. AT Power Throttles automotive products are for “MOTOR-SPORTS USE ONLY”. We cannot be held responsible for misuse of our products. No warranty or representation is made as to this product’s ability to protect the user from injury or death. The user assumes that risk. The effectiveness, and longevity of this equipment are directly related to the manner in which it is INSTALLED, USED, and/or MAINTAINED. THE USER ASSUMES THE RISK.
Fitment of AT Power Throttles products to automobiles that are subject to a manufacturer’s warranty MAY VOID THE MANUFACTURERS WARRANTY AND THE VEHICLES ABILITY TO MEET EMISSION OR OTHER TRANSPORT REGULATIONS.
Working on your car can be a dangerous activity. If you are unsure of what you are doing, please leave mechanical or Safety critical work to a skilled mechanic. We take no responsibility for the incorrect use and/or installation of AT Power Throttles products.
CUSTOMER RETURNS FORM