1 Terms and Conditions of Sale
These are the terms and conditions of sale of Viper Performance who shall be referred to as 'the Vendor'.
'The Purchaser'is any person, firm, company or organisation to whom the Vendor agrees to sell 'Goods'
and such agreement is called 'The Order'
2 Delivery times / items not in stock
During week days the Vendor will endeavour to ship stock items within 24hrs of
receiving the order whenever possible for orders received before midday.
Payments and orders received after midday will be dealt with the following working day.
Orders or part Orders for goods out of stock, will be outstanding until such Goods are in stock.
Orders for multiple items will be sent together once all the goods constituting a full order are in stock and ready to ship.
The Vendor will inform the Purchaser by Email or telephone wherever possible
of any parts out of stock with an estimated delivery date.
Should the purchaser wish to amend the order for stock items only and cancel the items which are not in stock,
the vendor will require such notification by email no later than 72hrs following the order.
No cancellations can be accepted by the Vendor for items which are made to order (see section 4)
the Vendor will also assume that the Purchaser wishes to proceed with the 'back order items' or 'sold out' items
if the Vendor does not receive a cancellation from the Purchaser for such items within the 72hrs following the order.
Any cancelled parts which are 'sold out' or 'back order items' within the 72hr period following the order will be refunded in full.
The Vendor will endeavour to carry out refunds within 7 days following such cancellation.
Verbal cancellations must be supported in writing by email.
Part delivery for items on 'back order' or 'Sold out'
Normally orders for multiple items will be sent together once all the goods constituting a full order are in stock.
However, should the Purchaser wish to receive part of the order and to receive the outstanding goods separately
once the Goods are in stock,the Purchaser will have to request this by email.
The extra postage, packaging and administration costs incurred by the Vendor for each separate shipment request
will be charged to the Purchaser at the current shipping rate.
The vendor will inform the buyer of the additional Postage & Packaging costs involved and payment will
need to be made before goods are shipped.
3 Special Order items / Bulk orders & Lead times
Viper Performance endeavours to hold reasonable levels of Polyester Reinforced stock at most times
on all popular sizes, shapes, colours and lengths.
With such a large range of colours, sizes, shapes and specifications it is not possible to stock every part,
therefore certain items are built to order.
During busy and peak periods certain stock items can sell out.
Lead times for 'sold out' or 'back order' items:
Although our stocks are always replenished, and most of the time we have a restocking time 14 working days average,
at exceptionally busy times you may need to allow up to 4 weeks for stocks to return to normal.
(working days do not include Saturdays, Sundays or Bank holidays)
For aluminium parts you may need to allow up to 6 weeks if certain sizes are 'sold out'
Lead times For items made to order:
The following products are made to order and subject to our manufacturing average lead time:
Fluro Silicone hoses, Nomex hoses, glass hoses unusual diameters, lengths, bespoke parts, colours Yellow, or Orange.
Bespoke aluminium parts are quoted depending on quantities and design.
Bespoke Silicone parts and tooling are quoted depending on quantities and design.
The Purchaser is entitled to cancel the Order and obtain a full refund should the normal stock lines take more than
28 working days to be delivered (we cannot refund bespoke or made to order items)
To cancel an Order where delivery of stock lines is taking over 28 days,
the purchaser must notify the Vendor of the cancellation request in writing or by email.
The Vendor schedules factory production orders every Tuesday morning at 10:00am.
The average lead time normally quoted for special orders which need to be scheduled is calculated
from the following working day following the day the Purchaser placed the order.
Factory production orders means any goods not in stock at the time the Purchaser made a payment.
An Order only becomes an official Order when payment is received & cleared.
Special Orders and bulk orders for products not normally in stock which are made to order cannot be cancelled or refunded.
4 Order Cancellations
a/ Cancellation of items made to order:
The following items made to order cannot be cancelled in any case:
Any Nomex, Glass, Fluro hoses, bespoke hoses, special sizes and colours, or special quantities
made to order cannot be cancelled after 48 hours form time of having placed the order.
b/ Cancellation of a back order:
If the Vendor fails to deliver within 28 days of ordering a part which is marked as in stock online at the time of ordering,
or is said to be in stock when ordering over the phone, the Purchaser is entitled to receive a full refund of such goods.
The Vendor will not refund items made to order as per section 4a/
c/ other cancellations:
Once an order for stock items has shipped the Vendor will not accept cancellations or offer refunds.
5 Order Amendments
Orders for items made to order can be amended to increased quantities only.
Requests for the increase in order quantity received by the Vendor may be treated as a new order.
For trade & wholesale customers any variable price break discounts will be applied to the total order value received.
Revised order quantities will be adjusted and respective price break will be applied.
The purchaser has a maximum time limit and conditions to make amendments to 'made to order' items as follows:
The Vendor cannot accept amendments to any orders after 48hrs of having originally placed the order
for any items made to order or once the parts made to order have been scheduled for production or raw materials cut,
or if the order has already shipped.
6 Retail Prices, Price changes, Special Offers
From time to time it becomes necessary to amend prices.
The Vendor reserves the right to alter or end our special promotions at any time and without notice.
Should a price increase take effect during a period where the Purchaser's items are being made to order ,
then the Vendor will honour the prices in force at time of ordering.
The vendor reserves to right to amend or withdraw any club discounts or bulk purchase deals at any time.
Special offer prices can only be honoured during the duration
of the advertised promotion and are subject to stock availability.
7 Payment Methods & Terms
Cards:
We accept payments by Visa, Mastercard, Maestro, and Electron.
We do not accept American Express cards.
Should a Debit or Credit card payment fail or get declined by the bank, the order will not be processed.
The Purchaser will be notified should this occur by phone or email,and will be asked for an alternative payment method.
No goods will not be sent until a payment is received by the Vendor.
The Vendor does not offer any credit terms or differed payment schemes for goods or carriage.
Cheques or postal order:
Cheques can only be accepted in sterling from a UK clearing bank made payable to Viper Performance.
Postal Orders can only be accepted from the UK in Sterling and payable only to Viper Performance.
If paying by cheque for Factory bulk or Special orders, the Vendor will require cleared funds before commencing production.
Goods cannot be shipped until cheques have cleared, goods will remain the property of the Vendor until payment fully clears.
Paypal:
Our shopping cart gives you the option to pay by Paypal, for discounted trade orders,
we reserve the right to charge the 3% or equivalent Paypal fees involved.
Bank Transfers:
Bank transfers (BACS) can be accepted by the vendor for orders over £150 only.
The vendor may pass on the £6 bank handling change to the purchaser making a payment from outside UK
where foreign exchange will take place.
Cash:
The Vendor does not accepted cash under any circumstances.
8 Returned Cheques
In the event of a returned cheque by the bank the Order will not be processed.
Any bank charges incurred to the Vendor will be passed on to the Purchaser,
and the purchaser will be notified of the failed payment or charges.
9 Title of goods
Property of the goods sold shall remain the Vendor's until the Vendor has received payment in full.
10 Delivery Address
The Vendor will only deliver parts to the registered card holders address or registered business address.
The Vendor cannot send to an alternative address (unless agreed by management)
This rule does not apply to the Vendors trade customers who have specifically
arranged and agreed drop shipping facilities with Viper Performance.
11 Delivery & Postage Charges
The Vendor?s postage rates are calculated by total weight, destination, and include packaging materials and handling,
there is a minimum carriage charge applied to small orders to cover such costs.
Postage prices are revised from time to time in accordance with postage rate rises made by the Royal Mail
or other carriage companies used by the Vendor.
12 Collecting goods
If the Purchaser wishes to collect the goods, this can be arranged ONLY by prior agreement and by appointment.
If the order was placed online, a carriage charge is automatically charged,
and cannot be refunded on collection.
No carriage costs will be charged if the purchaser wishes to collect goods ordered over the phone.
For large Orders or bulk Orders placed over the phone, the Purchaser can collect in person by arrangement,
or can organise their own carrier at their own cost.
This must be agreed by the Vendor in advance. In this case the Vendor will not charge any carriage or admin fees.
The Vendor does not offer any credit terms for carriage of goods.
13 Damages and Shortages
The Purchaser must inspect the goods prior to fitting.
If goods are missing, are damaged or incorrectly supplied, the Purchaser must inform the Vendor of the missing,
damaged or incorrectly supplied parts no later than 3 working days from the date of delivery.
The Purchaser must retain the original packaging for inspection.
The return procedure is the same as for the Faulty Goods conditions in paragraph 15.
14 Incorrect goods Sent by the Vendor
If the Vendor shipped incorrect goods, the Vendor will provide the correct replacement according to the original Purchaser's order.
The Purchaser must first return the item received in error to the Vendor within 5 working days of having received the incorrect goods.
The Vendor will NOT send a replacement item until the Vendor has received the returned item originally sent in error.
Any items returned MUST only be posted by Royal Mail recorded delivery if small and lightweight, or by courier if heavy.
A copy of the original purchase invoice must be included with any returns.
The Vendor will refund the Purchaser the postage costs incurred in returning the incorrect Goods.
Refund of postage will be limited to a reasonable fee normally associated with posting such goods and in any case not exceeding £10.
Proof of shipping back with Post Office or Couriers receipt will be required as proof of amount.
The Vendor will ship the correct items to the Purchaser according to stock levels and lead times.
The Vendor will not replace any goods which have been used or fitted or damaged,
the returned goods must be in a 'as new' condition and re-sellable condition.
The Vendor is unable to accept any parts supplied incorrectly after 28 days from the original despatch.
15 Faulty goods
a/ The vendor will only replace a faulty item with a new item of the same specification,size and colour to the following conditions:
When opening the package received, the Purchaser must inspect the goods prior to fitting.
If the goods are deemed faulty, the Purchaser must inform the Vendor by telephone or email within 3 working days of delivery and describe the fault.
The Vendor will issue the Purchaser a 'returns' authorisation by email.
The return of faulty goods cannot be accepted by the Vendor without the allocated 'returns' authorisation or prior authorisation.
Any goods received without prior authorisation will be quarantined and no action will be taken by the Vendor until the Purchaser has made contact.
b/ The purchaser must include all of the following items with any returned parts:
- A printed 'returns authorisation' email sent by the Vendor.
- A copy of the original sales invoice.
- A full description of the fault.
- A contact telephone number.
The Purchaser must return the faulty items received to the Vendor with it's original packaging for inspection and re-pack the goods apropriately.
Replacement items cannot be sent to the Purchaser until the Vendor receives the faulty item originally sent with the above documentation listed.
Return postage costs incurred to the Purchaser will be refunded once the goods have been inspected and declared faulty by the Vendor
and once a replacement part has been shipped by the Vendor.
The Vendor will endeavour to carry out refunds within 28 days of the replacement part being shipped to the Purchaser.
c/ How to post the faulty item & postage reimbursements:
Any items returned MUST only be posted by Royal Mail recorded delivery if small and lightweight, or by courier if heavy.
A copy of the original purchase invoice must be included with any returns.
The Vendor will refund the Purchaser the postage costs incurred in returning the incorrect Goods.
Refund of postage will be limited to a reasonable fee normally associated with posting such goods and in any case not exceeding £10.
Proof of shipping back with Post Office or Couriers receipt will be required as proof of amount.
The paperwork described in section 15 a/ must be included.
Items which are not faulty cannot be included in the return or cannot be exchanged or refunded.
The Vendor will ship at his expense a new replacement item according to stock levels and lead time.
Exchange of faulty items (Exclusions)
Goods which have been fitted and used cannot be exchanged or replaced,they are deemed as acceptable to the Purchaser.
Should the Vendor receive such goods from the Purchaser,
the postage costs incurred to the Purchaser will NOT be refunded.
The Vendor will not return the original goods to the Purchaser or offer any refunds, or replacements and will require payment for shipping
such goods back to the Purchaser at the standard shipping rate plus £3.50 administration
for restocking and handling costs of 20% of the value of such parts.
The Vendor cannot replace faulty goods which are received any later than 28 calendar days after the Vendor has Emailed a 'returns' authorisation.
Once the faulty goods are received by the Vendor, they will be inspected immediately.
The Vendor will only issue an identical replacement in the same specification, colour, shape, material and size if the goods are deemed to be faulty.
16 Returns & Exchange policy
For goods damaged or shortage of goods refer to section 13
For goods supplied by the Vendor in error or incorrectly refer to Section 14
For goods which are faulty refer to section 15
Returning & exchanging unwanted goods:
The Vendor is unable to refund or exchange any parts ordered in error by the Purchaser
if these parts where made to order,
or specially built, special colour, in nomex, in glass or in fluro material, or special design.
The Purchaser must make sure prior to placing an order with the Vendor that the parts are been correctly measured
and that specifications and materials meet the Purchasers application or requirements.
The Vendor will offer a suitable exchange or accept a return ONLY by prior arrangement and ONLY to the following conditions:
Returned parts will ONLY be accepted if these parts are normal stock items and excludes any parts made to order,
or specially built, special colour, in nomex, in glass or in fluro material, aluminium pipes, intercoolers, or special design hoses and pipes.
- No parts will be accepted for exchange by the Vendor without prior agreement.
- The Vendor will authorise the ?returns? by sending an email confirmation to the Purchaser.
- The parts which will be exchanged must be posted to the Vendor only by recorded delivery or trackable carriage at the Purchaser?s cost
and must include a printed copy of the ?returns? authorisation issued by the Vendor and a copy of the original sales invoice.
Should the Vendor receive any returned parts without a ?returns? notice or without prior arrangement,
the Vendor will be unable to exchange the parts and quarantine the parts until such ?returns?
notice is received and Purchaser has made contact.
Time limitations:
The Vendor will not accept any exchanged goods of any kind any later than 28 days following the original order?s dispatch date.
The Vendor may not necessarily have the parts which will be exchanged in stock at the time of receiving the returned parts,
the Purchaser will accept that normal lead times may apply for the replacement parts.
Parts originally ordered may also be discontinued.
Charges:
The Vendor will charge a ?3.00 returns fee with any returns received to cover the vendors administrative costs incurred
in amending the original order and invoice.
A further 20% re-stocking fee or more will be charged to the purchaser in addition to the administration fee dependent on return size.
This restocking fee only applies to the original amount paid for the returned items as per the invoice. See fee's list below:
Returned goods value under £100 £10 admin fee + 20% restocking fee
Returned goods value under £500 £10 admin fee + 30% restocking fee
Returned goods value over £500 £10 admin fee + 35% restocking fee
Return Posting Charges:
The Purchaser will also be charged for the postage to send the replacement parts at the current rate charged on the website for posting such parts.
The Vendor is unable to accept unwanted items sold to a stockist or distributor.
The Vendor does not offer a sale of return policy for stockists or distributors.
In any case the Vendor will not be able to exchange or refund any parts which where initially made to order such as:
Nomex, Glass, Fluro hoses, unusual diameters, Bespoke parts or cut lengths of hoses, or for colours other than BLUE RED or BLACK,
special built items, bulk group or trade orders.
Condition of returned goods:
Any parts returned for exchange or refund must be in ?as new condition? clean and unscratched ,in original packaging and in re-sellable condition.
The Vendor will NOT accept any returns which are not in ?as new condition?, parts which have been fitted, scratched or damaged.
If such parts are received by the Vendor, they will be quarantined and no action taken until Purchaser has made contact with the Vendor.
The Purchaser must therefore make sure that the returned items are appropriately packaged to minimise damages in transit.
17 Lost packages & goods (UK & Worldwide)
In the event of damaged goods refer to section 14
Goods are classed as missing in the post after 2 weeks following the original shipping date,
Therefore no resolution can be offered by the Vendor during this time.
No resolution can be offered by the Vendor should the Vendor receive notification of lost goods later
than 28 days following the original posting date.
The Purchaser must inform the Vendor of any problems NO LATER than 28 days of the original posting date.
For missing packages , the Vendor will make a claim with Royal Mail or the carriage company used.
The Vendor will firstly arrange for replacements of the lost goods to the Purchaser.
If the Vendor cannot replace the goods originally ordered, the Vendor will refund the goods up the invoice value
of such goods and up to the maximum level of compensation offered by the
Royal Mail or Carriage company used to ship the goods whichever comes first.
If the Purchaser opted for the additional Postage Insurance option offered online by the Vendor,
the refund will be done by Royal mail or the carriage company used up to the maximum level of compensation
offered by the Royal Mail or Carriage company used
to ship the goods whichever comes first.
The Vendor keeps a record of the tracking numbers & postage for all items posted in the UK & Worldwide.
No claims for loses, shortages or damages in the post can be made if the item was not shipped by UK recorded delivery,
or standard uninsured post for the rest of the world.
(in other words posted by simple untracked 1st class mail)
The Vendor offers an optional insurance cover and recorded delivery option for goods shipped in and outside of the UK.
The Vendor cannot refund or replace goods posted outside the UK if such goods are lost or damaged in transit
when additional optional insurance cover was not taken at the time of ordering.
18 Postage
The Vendor will ship goods in most European and world destinations with some destination exceptions.
Goods sent to the UK
Goods sent to the UK are always generally sent by Royal Mail ?recorded? post for lighter,
smaller items and orders usually under 2kg, or a carriage company for heavy / larger
or more valuable consignments.
Goods sent by either the Royal mail ?recorded? or by carrier are insured
up to the current value of the Royal Mail?s or carrier?s standard inclusive cover.
Additional optional cover can be taken by the Purchaser to cover losses or damages
which can be separately arranged only at the time of ordering only and cannot
retrospectively be purchased.
Goods sent to Europe and the rest of the world
Goods sent to Europe and the rest of the world are sent by standard 1st class Air Mail for items under 2kg
and not insured and not tracked.
The Purchaser has the option at time of ordering online to opt for a signed for and tracked service
which also offers insurance cover up the carrier?s maximum compensation.
Goods over 2kg will either ship by Interlink/DPD/ DHL or Royal mail.
It is advised to take out the cover and tracking option as no refund or replacements will be given
if items are missing or lost or damaged in transit if insurance option has not been taken.
Postal insurance for all destinations:
The Purchaser has the option to take additional postal insurance to cover losses or damages.
The optional insurance is provided by Royal Mail or Interlink up the value of ?100.00 maximum,
this service is optional at time of placing the order and cannot be purchased
separately once the goods are shipped.
The Vendor keeps records of tracking / Consignment numbers.
The Vendors postage rates are calculated based on total weight and destination and includes Postage fee,
recorded delivery fee (when applicable), Packaging materials, Handling and administration.
19 Non Delivery
The Purchaser shall, in the event of a claim for non delivery of goods notify the vendor in writing or by email
no later than 28 calendar days of the anticipated delivery date.
The Vendor will then make a compensation claim to the carriage company used
(this condition applies to standard UK ?recorded? post and packages only having taken additional insurance)
The Vendor cannot accept a claim made in the case of Non delivery outside the UK
if additional postal insurance was not purchased at point of order.
The Vendor will instruct the carrier to pay the compensation directly to the Vendor if such option is possible.
The Vendor will not send or replace goods until at least 28 days following the original date of posting has lapsed
to allow for slow or lost parcels to turn up.
20 Specifications and Performance
Specifications and other descriptions issued by the vendor in connection with the goods are intended to be as accurate as possible,
but carrying no guarantees or warranty.
The specifications could on occasions vary and should this happen,
the Vendor will ensure the Goods sold and supplied are fit for purpose and of similar quality.
Since Goods are used in many locations and many purposes under varying conditions of operation,
the Vendor cannot accept liability for failure to obtain any stated performance or Technical Data.
21 Warranty
The Vendor accepts no liability in respect of failure to supply or other interruptions
caused by matters beyond the reasonable control of the vendor,
including but without limitation, strikes, lockouts, civil disputes, acts of God,
war or actions by third parties, or carriers failure to deliver on time.
No liability is accepted by the Vendor when the Purchaser has attempted to modify or install Goods supplied by the Vendor
where it is known to the Purchaser that the part or Goods supplied are incorrectly supplied, faulty or not in accordance with the Order.
The Purchaser must comply with all industry recommendations and instructions
relating to installation and use of the product concerned.
The Purchaser fully accepts that any personal or third party mechanical or financial losses resulting from inappropriate installation or use,
ware and tear, misuse or abuse cannot be accepted by the Vendor.
The Vendor will trust that the Purchaser is fully aware of the application and considered the engine working pressures,
temperatures, has selected the suitable materials and has measured the required sizes correctly before placing the Order.
The Purchaser must inspect the goods prior to fitting the goods.
Since goods are used in many locations and many purposes under varying conditions of operation,
the vendor cannot accept liability for failure or mechanical damages or to obtain any stated performance,
nor can the Vendor accept liability directly or indirectly for any loss of life, injuries or material damages in the unlikely event of product failure.
The Vendor advises that the Purchaser should routinely inspect hoses, and fittings to make sure they are operating correctly.
22 Terms Of Sale
Both Vendor and Purchaser agree to the terms and Conditions of sale and are
bound by the conditions as soon as an Order is placed and payment
is received by the Vendor.
