In these terms and conditions the following definitions shall apply: Turboactive means Turboactive Limited; "unit" means a complete turbocharger assembly ready to be fitted to an engine. "old unit" means a used unit removed from an engine.
2.1 Turboactive will not accept old units for exchange unless they meet the following specifications
Where it is agreed at the time of sale that an old unit will form part of the consideration provided by the customer and the old unit is not provided by the customer to Turboactive at the time of sale, a surcharge shall be payable by the customer. The amount of such surcharge appears on Turboactive’s surcharge invoice. Such surcharge shall be refunded by Turboactive to the customer provided that the old unit which it is agreed will form part of the consideration is provided by the customer to Turboactive within 3 months of the sale and provided that such old unit meets the specifications in clause 2 of these Terms and Conditions at the time it is so provided.
4.1 In the event of products re-manufactured by Turboactive for use in cars and light vans as listed in Turboactive Exchange Product Catalogue, or any other products to which this guarantee applies, proving defective during the period of guarantee owing to faulty material or workmanship, Turboactive shall at its option either supply replacement product or repair such defective products free of charge ("standard guarantee").
4.2 In the event of product re-manufactured by Turboactive failing during the period of guarantee, Turboactive shall at its option either supply replacement product or repair such failed products free of charge ‘special guarantee’( no quibble).
4.3 The guarantee is between Turboactive and Turboactive’s customer, extending to the first end-user of the initial sale ("first end-user").
4.4 Turboactive shall not be liable under the standard guarantee if the vehicle to which Turboactive product is fitted is not properly serviced in accordance with the vehicle manufacturer's recommendations.
4.5 Turboactive shall not be liable under the standard guarantee if the turbocharger supplied by them and/or the engine of the vehicle to which it is fitted is/are modified to increase power output.
4.6 In respect of product to which the special guarantee i.e(. ‘no quibble’ )applies, only one claim per turbocharger supplied by Turboactive may be made under that guarantee. Once a claim has been made under the special guarantee and Turboactive has honoured its obligation under that guarantee, the product to which that guarantee applied shall cease to be subject to the special guarantee but shall be subject to the standard guarantee and any conditions exclusions and limitations which relate to the standard guarantee for any unexpired portion of the period of guarantee.
4.7 Without prejudice to any of the terms set out in clauses 7.1 to 7.9, in the event that a person who would otherwise have been entitled to the benefit of the special guarantee seeks to make a claim against Turboactive which relates in any way to a product which would have been subject to that guarantee for any indirect or consequential loss suffered or alleged to have been suffered by him howsoever arising, he shall not be entitled to the benefit of the special guarantee and the product which would otherwise have been subject to the special guarantee shall be subject only to the standard guarantee and any conditions exclusions and limitations which relate to the standard guarantee.
4.8 Products supplied but not manufactured by Turboactive are not subject to any guarantee from Turboactive.
4.9 Neither the standard nor the special guarantee applies to turbochargers which are used for any form of racing.
5.1 Save as expressly provided herein all representations, conditions, warranties and terms whether express or implied by common law, statute or otherwise, as to quality, condition or fitness for any purpose of the goods supplied by Turboactive are excluded.
5.2 The receipt of information from the customer and the delivery by Turboactive of the goods specified in any order does not in any way imply a term that the goods will be suitable for the purposes disclosed.
5.3 In no event shall Turboactive be liable for any direct or indirect or consequential or other loss or damage of any kind, whether arising out of the contract of sale or the manufacture or fitting or use of goods supplied by them, or howsoever caused, nor for any diminution in the value of other property or components howsoever arising consequent upon or resulting from the use of Turboactive products.
5.4 Without prejudice to any of the foregoing, the liability of Turboactive whether arising in contract or in negligence or otherwise shall not in any event include damages for the cost of labour in removing and refitting any turbocharger.
5.5 Without prejudice to any of the foregoing, the liability of Turboactive whether arising in contract or in negligence or otherwise shall not in any event include damages for loss of use or travel expenses.
5.6 Without prejudice to any of the foregoing, the liability of Turboactive whether arising in contract or in negligence or otherwise shall not in any event include damages for loss of profit.
5.7 Without prejudice to any of the foregoing, the liability of Turboactive on any claim for loss or liability arising out of or connected with any order, or manufacture, sale, delivery, resale or use of any goods covered by any such order (including loss or liability arising from breach of contract and/or negligence) shall in no case exceed the unit price of such goods or parts thereof involved in the claim.
5.8 Without prejudice to any of the foregoing, Turboactive shall not be liable for personal injury or for damage caused to an engine or vehicle by a failed turbocharger where such turbocharger has been used for any form of racing.
5.9 None of the above exclusions or restrictions of Turboactives’ liability shall apply to any claim for death or personal injury resulting from their negligence.
6.1 The risk in the Goods shall pass to the Customer on completion of delivery.
6.2 Until the purchase price of the goods comprised in this or any other contract between Turboactive Ltd and the Customer shall have been paid or satisfied in full (if by cheque then only upon clearance):
6.2.1 The property in the goods comprised in this contract remain vested in Turboactive Ltd (notwithstanding the delivery of the same and the passing of the risk therein).
6.2.2 The Customer shall store the goods in such a way that they can be readily identified as being Turboactive Ltd’s property.
6.2.3 The Customer shall, on request, inform Turboactive Ltd of the precise location of each item of the goods identified where applicable by its serial number, by supplying Turboactive Ltd at its expense within 5 (five) business days of its request with a written schedule of the said locations.
6.2.4 The Customer may sell the goods as the Seller’s agent in the normal course of the Buyer’s business and may pass good title to the Buyer’s Customer being a bona fide purchaser for value without notice of Turboactive Ltd’s rights on the following conditions:
18.104.22.168 Turboactive Ltd may at any time revoke the Customer’s said power of sale in the circumstances set out in these terms and conditions in relation to payment of goods.
22.214.171.124 The Customer’s power of sale shall automatically cease in any of the circumstances set out in these terms and conditions in relation to insolvency or breach of contract.
126.96.36.199 The Customer shall notify Turboactive Ltd without delay of any attachment of the goods or actions by third parties which might infringe the Customer’s title to the goods.
6.2.5 Upon determination of the Customer’s power of sale, Turboactive Ltd shall be entitled by itself or its agents to enter upon any of the Buyer’s premises for the purpose of removing and repossessing such goods and Turboactive Ltd shall be entitled to claim from the Customer the costs and expenses incurred by Turboactive Ltd in and ancillary to the process of such removal and repossession.
6.2.6 Until title of goods has passed to the Customer, the Customer shall not purport to be the owner of the goods and shall not show such goods as stock in its accounts
6.2.7 The Customer shall insure the goods against theft or any damage howsoever caused until their price has been paid or until sale, whichever shall first occur and Turboactive Ltd shall be entitled to call for details of the insurance policy. If the Customer shall not insure the goods or shall fail to supply details of its insurance policy on demand to Turboactive Ltd, the Customer shall reimburse Turboactive Ltd for any cost of any insurance which Turboactive Ltd may reasonably arrange in respect of any of the goods during the whole or any part of the period from the date of its delivery of the goods until the date of payment to it of their full purchase price.
6.3 Nothing in these conditions shall:
6.3.1 entitle the Customer to return the goods or to delay payment therefore; or
6.3.2 constitute or be deemed to have constituted the Customer as Turboactive Ltd’s agent otherwise than for the purposes of this clause;
6.3.3 or render Turboactive Ltd liable to any third party for any unauthorised representation or warranty made or given by the Customer to such third party in relation to the goods;
6.3.4 prevent Turboactive Ltd from maintaining an action for the price notwithstanding that the property in the goods may not have passed to the Customer.