Terms of service
1. Definitions
In these conditions "the Company" means Sigma Performance SC Limited, hereafter referred to as Sigma, Co.Reg.No.16839527 and "the Customer" means the person, company or organisation to whom this document has been provided. In addition, a “Consumer” customer means any natural individual person, who is acting for purposes that are outside his or her business and not a company, trader or organisation, even if purchasing for non-commercial use.
2. Conditions
These conditions shall form the basis of a contract between the Company and the Customer. Notwithstanding anything to the contrary in the Customer’s standard conditions of purchase, these conditions shall apply except so far as expressly agreed in writing by the Company for non-consumer purchases or as expressly agreed in writing or verbally for consumer purchases.
3. Order Acceptance
Unless otherwise expressly stated in writing, all quotations and estimates by the Company are invitations to treat. The Customer’s order is an offer and will become binding upon the Company accepting the order either verbally or in writing. A confirmed non-consumer order may only be cancelled or varied with the Company’s consent; the giving of the Company’s consent will not in any way prejudice the Company’s right to recover from the Customer full compensation for any loss or expense arising from such cancellation. A distance selling contract for goods supplied to a UK consumer may be cancelled within fourteen working days, beginning after the day of receipt, by the Consumer notifying the Company in writing of their intention to do so within the fourteen working day period, subject to the provisions and conditions set out below.
4. Warranties and Liability
i. All hardware sold by the Company is for racing, competition or track use and is therefore not provided with a warranty
ii The Company reserves the right on the sale of any equipment to make before delivery any alteration to or departure from the specification or the design of the equipment provided that it shall not to an aesthetic or material extent adversely affect the performance of the equipment or the quality of the workmanship or the materials used.
iii . All specifications, photographs and technical documents issued by the Company either before or after the conclusion of the Contract are issued solely for the Customer’s use in connection with the equipment and shall not be copied reproduced or communicated to any third party without the Company’s express permission in writing.
iv. It is the responsibility of the customer to make their own secure back-ups of data and/or programs, to ensure that such data or programs can be recovered independently.
v. The liability of the Company under any contract is limited to the invoice value of the components supplied, replaced or repaired the Company shall not be liable for any consequential loss or damage howsoever caused.
vi. The distance selling clause within the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013 for goods supplied to UK consumers (excluding software, DVDs, CDs, videos and consumable products if unsealed) which were not specifically manufactured or modified to order and are complete, unmarked, unused and unfitted (including partially), with all original packaging and resalable as new states the contract may be cancelled and the goods returned by the customer, at the customer’s cost, for a refund of all monies paid less a return fee of 20% of the invoice value providing the customer provides notice to the Company of the cancellation in writing within fourteen working days – this does not affect a consumer’s statutory rights.
vii. Under the Consumer Rights Act 2015, a customer has an early right to reject goods that are unsatisfactory quality, unfit for purpose or not as described, and get a full refund. This right is limited to 30 days from the date the customer took ownership of the goods. If an item is faulty and needs to be returned, the customer does not need to pay postage costs for the return of the faulty item. If a customer is asked to return an item that arrived damaged, not as described or faulty, the retailer should refund the total cost of the return.
5. Terms of Sale
i. The price of the goods shall be due in full to the Company in accordance with the relevant contract of sale.
ii. Unless otherwise agreed by the Company in writing payment shall be due with the Customers order.
iii. Non stock items manufactured to customer's order require full payment, payable in advance.
iv. The ownership of the goods delivered by the Company shall only be transferred to the Customer when the Customer has met all that is owing to the Company in relation to the goods. The risk of accidental deterioration or destruction shall pass to the Customer on completion of safe delivery and the Customer shall insure against such risk.
6. Finance, Credit & Payment
i. Finance and credit facilities may be available to qualified persons or organisations – subject to status - upon prior arrangement with the Company, if the Company agrees to provide credit facilities to the Customer, the Customer undertakes to comply strictly with the terms thereof.
ii. If, after written reminders for overdue payments have been issued, the Customer remains in default of any overdue balance, the full amount due may be charged to any valid debit or credit card retained on file and used by the customer for previous transactions, without prior notification.
7. Cost Variation
All quotations and estimates issued by the Company are, unless otherwise stated, based on current cost of production (such as, without limitation, materials, hours, wages and foreign exchange rates) and are subject to amendment on or after acceptance to meet any recognised rise or fall in such costs.
8. Government Taxes or Levies
Any variations as a result of Government Taxes and Levies will be for the Customer’s account.
9. English Law
English law shall be the proper law of the contract
Rev. 01. 10-01-26