Terms and Conditions
1. General and Definitions
1.1 These terms (the "Terms") are the only terms on which Milford Microsystems Ltd by whom this form is used (the "Company") contracts with the trade customer and/or authorized dealer (the "Trade Customer") and they shall govern the contract to the exclusion of any other terms and conditions.
1.2 "Goods" means all PP100 tuning equipment and parts to be sold by the Company to the Trade Customer.
1.3 ''Files'' means all software files for use with the Goods in the performance-tuning of competition engines sold by the Company to the Trade Customer either via direct download from this website or provided by email.
1.4 The Trade Customer will be deemed to have accepted these Terms if he gives instructions or places orders by any means for Goods or Files to be supplied.
1.5 ''Area'' means the geographical area where the Trade Customer may resell Goods or Files. The Area is the United Kingdom and mainland Europe.
1.6 ''Use'' means the purpose for which Goods and Files are resold by the Trade Customer.
1.7 ''Public'' means the end-user to whom the Trade Customer may resell Goods and Files as a retail operation.
1.8 Any typographical, clerical, or other error or omission in any estimate, order acceptance, invoice or other document issued by the Company shall be subject to correction without liability on the part or the Company.
2. Area
2.1 the Trade Customer warrants that Goods and Files supplied by the Company will be resold to the Public only within the Area described in 1.5 above.
3. Use
3.1 the Trade Customer warrants that any Goods and Files purchased by the Trade Customer from the Company will only be used for the purpose of tuning vehicles for racing, rallying, or other competition use. Use of the products for use on the public highway is strictly forbidden.
3.2 The Trade Customer further warrants that the Goods will only be used with Files provided by The Company.
4. Prices
4.1 Prices of Goods are those current at the time of publication on our website on on our Trade Price List.
4.2 All prices are exclusive of any applicable Value Added Tax.
5. Uncompleted orders
5.1 If for any reason Goods and Files requested by the Trade Customer are not supplied in full the Company will charge only for Goods actually supplied and the then charge for any outstanding Goods when supplied at a later date.
6. Variations
6.1 Any variation agreed between the Company and the Trade Customer in Goods and Files to be supplied shall be deemed to be an amendment to this contract and shall not constitute a new contract.
6.2 No order which has been accepted by the Company may be cancelled by the Trade Customer, except with the agreement of the Company and on terms that the Trade Customer indemnifies the Company in full against all loss (including loss of profits), costs, damages, charges and expenses incurred by the Company as a result of cancellation.
7. Time
7.1 The Company will use its best efforts to do supply Goods and Files within any time period notified to the Trade Customer but time shall not be of the essence and the Company will not be liable for delays.
8. Completion of supply of Goods and Payment
6.1 All Goods and Files shall be paid for upon delivery or in accordance with any credit terms agreed in advance.
9. Delivery
9.1 Unless otherwise agreed in writing delivery of Goods and Files shall be ex the Company's premises.
10. Loss, Damage and Liability
10.1 Except in respect of death or personal injury caused by the Company's negligence, the Company shall not be liable to the Trade Customer by reason of any representation or any implied warranty, condition or other term or any duty at common law, or under there Terms for any consequential loss or damage (whether for loss of profits or otherwise), costs or expenses whatsoever (and whether caused by the negligence of the Company, its employees, agents or otherwise) arising out of or in connection with the supply of Goods and Files or their use or re-sale by the Trade Customer except as expressly stated in these Terms.
10.2 The Company shall not be liable to the Trade Customer or be deemed to be in breach of contract by reason of any delay in performing or any failure to perform any of its obligations, if the delay or failure is due to any cause beyond the Company's reasonable control.
10.3 The Company shall not be responsible or liable for any damage or loss to persons or to property caused by the Goods, where the Goods have been used with Files other than those supplied by The Company. The Goods are intended for use with software Files provided by The Company only.
11. Returned Goods
11.1 Goods will be accepted back for credit provided that:
a) the Goods comprise only parts and equipment supplied by the Company
b) that the Trade Customer can demonstrate that the the Goods are faulty, or do not perform the function as described to the Trade Customer by the Company, or as described on our website.
c) the Trade Customer returns the Goods ( in the same condition as when supplied) within 5 working days of delivery, the original invoice is produced, the Trade Customer pays the Company's current handling charges for returned Goods and the Goods were not specifically ordered by the Trade Customer.
11.2 Save as above Goods will not be accepted back by the Company.
11.3 Files downloaded from our website by the Trade Customer, which may be used freely for engine tuning purposes once purchased by the Trade Customer, cannot be returned and will not be refunded.
12. Safety
12.1 The Trade Customer warrants that all instructions for use, cautionary notices and other technical notices and information supplied by the Company to the Trade Customer with the Goods (or downloaded from the Company website) will be strictly observed.
12.2 The Trade Customer warrants that a set of instructions for use, cautionary notices and other technical notices as described in 12.1 will be provided to the Public at the time that the Trade Customer sells any of the Company's products to the Public.
13. Notices and General
13.1 All written notices given by the Company to the Trade Customer shall take effect 24 hours after being despatched in the normal course of post or email to the Trade Customers postal or email address, or immediately upon delivery by hand.
13.2 No waiver by the Company of any breach shall be considered as a waiver of any subsequent breach of the same or any other provision.
13.3 This contract shall be governed by the laws of England.
14. Warranties
14.1 The Company warrants that all Goods will be free of defects in material or workmanship for 12 months from sale by the Company. 14.2 The warranty in 14.1 above are in addition to any other remedies the Trade Customer may have under the Contract.
14.3 No warranty will apply if and to the extent that a defect is caused or worsened by one or more of the following, namely
a) failure to inform the Company of the defect or to have it examined by the Company and a failure to give the Company the opportunity to remedy it;
b) if the Goods have been subjected to misuse, negligence or accident or used for any other purpose than tuning a vehicle for racing, rallying or similar sports;
c) the installation of a part or component into the Goods, the use of which has not been approved by Milford Microsystems Ltd or the alteration of Goods in a manner not approved by Milford Microsystems Ltd;
d) non-adherence to Company instructions concerning the treatment, maintenance and care of the Goods or a failure to fit Goods by the Trade Customer in the manner described in the instructions supplied by the Company;
e) failure by the Trade Customer to provide the items in 12.2 above to the Public with the Goods;
f) the repair or maintenance of the Goods by a person other than Milford Microsystems Ltd or a person authorised by Milford Microsystems Ltd.
g) the use of the Goods with data files other than files provided by Milford Microsystems Ltd.
15. Valid Insurance
15.1 The Trade Customer at all times must maintain adequate corporate insurance cover for product indemnity and product liability in the country in which the Trade Customer carries out trade. The Trade Customer will provide proof of cover to the Company whenever requested by the Company.
NOTHING CONTAINED HEREIN SHALL AFFECT THE STATUTORY RIGHTS OF A CONSUMER
Technical Contact:
Milford Microsystems Ltd
58 Maggies Landing
Boutiliers Point
Nova Scotia
Canada
B3Z 4L3
Telephone (001) 902-826-2876
Fax: (001) 902-820-2390
Cellphone: 001-902-440-1304
Email: milfordmicros@eastlink.ca
Sales office contact:
