Terms and Conditions of Business
a. OMS Racing referred to in this Agreement in the first person plural ('we us our').
b. The Customer referred to in this Agreement in the second person ('you your').
a. Any agreement varying these terms and conditions must be in writing and signed by a partner of OMS.
b. English law shall govern this contract.
c. Where the context admits words importing one gender shall include the other gender and words importing the singular shall include the plural and vice versa.
a. When OMS agree to provide goods or services pursuant to your specification:
(1) It is your responsibility to supply a full and proper specification and OMS cannot accept any responsibility for any loss or damage whatsoever arising from any delay, omission, error or ambiguity in any specification supplied by you.
(2) Unless otherwise confirmed in writing OMS do not agree to check any specification supplied or to be supplied by you nor do OMS warrant or represent that any goods supplied or services rendered in accordance with your specification shall be fit for its purpose or of merchantable quality. Specification shall be fit for its purpose or of merchantable quality.
4. Guarantees and Warranties
a. In accordance with normal practice and custom OMS give no warranties or guarantees in respect of any goods supplied and/or fitted and used in racing, rallying or similar leading edge applications.
b. It is your responsibility to familiarise yourself with our and other manufacturers' recommendations as to the care of all goods supplied and to comply with our and other manufacturers' recommendations as to the care of all goods supplied and to comply with such recommendations. Lubricants in particular are of vital importance and good quality motor oil, not synthetic oil, must be used to run-in engines. We accept no liability for any loss or damage caused by your failure to take proper care nor do we accept any liability for any loss or damage caused following any works carried out by you or others fitting, modifying, servicing or repairing goods supplied by us.
c. Most of the goods we supply are for use in racing applications and you must not assume, unless advised in writing to the contrary, that such goods will be suitable for non-racing conditions even if fitted to road vehicles.
d. Subject to 4(a) above we will not be liable for any consequential loss or damage caused by defects in any goods supplied by us and, in the absence of personal injury or loss of life, our liability shall be limited at our election to repair or replacement of any defective goods or the return of the price.
a. You must inspect the goods supplied by us as soon as reasonably possible after delivery and you must in any event within 14 days of delivery give to us notice in writing of any claim to reject.
b. In the absence of any defect where we accept the return of goods correctly supplied we will impose a 50% handling charge.
c. In the absence of any defect we cannot in any event accept the return of any electrical goods or goods which have been specially ordered.
Any quotations given by us are subject to:-
a. VAT and valid for 30 days.
b. Price variations due to modifications in design, specification, extended delivery or currency fluctuations;
c. Any modifications required by you;
d. Where a quotation includes a charge for insurance, carriage or freight or bank transfer charges such quotation is based on rates applicable at the date of quotation. We reserve the right to increase the total charge payable in the event of any variation in these rates at the date of delivery.
Any estimate given to you as to the time of delivery does not constitute any guarantee, warranty or representation that a delivery will take place in accordance with such estimate. We do not and cannot enter into any agreement in which time is of the essence.
8. Delivery, Ownership and Risk.
a. No goods may leave our premises without full payment having been made.
b. Ownership of all goods supplied by us shall remain with us until payment in full. Until payment in full we reserve the right to re-sell any goods and you authorise us to enter your premises in order to recover any goods in your possession belonging to us.
c. The risk in any goods supplied by us passes to you on delivery and you must ensure that you have adequate insurance for that purpose and that where the risk in any goods belonging to us has passed to you, you ensure that all such goods are protected, identified and separated from your or any other person's possessions until such owner ship passes to you.
(1) Where any carrier has been appointed by us upon delivery to your premises in accordance with your instructions;
(2) Where any carrier has been appointed by you upon delivery to your carrier.
e. Any claim you may have in respect of goods lost or damages whilst in the possession or control of a carrier appointed by us must be notified to us within 3 days of receipt or, in the event of total loss within 3 days of the anticipated date or receipt as notified to you.
f. Our liability in the event of any loss or damage to goods in the hands of a carrier appointed by us shall be limited to the proceeds of any claim upon our insurers. We shall not be required to supply substitute goods other than in the normal course of business and upon payment by you for any goods so substituted.
9. Vehicles Left With Us
a. It is your responsibility to ensure that any vehicles left with us are adequately covered by your insurers.
b. We will notify you when any work to your vehicle has been completed. If you do not pay for such works and remove your vehicle promptly we may impose a storage fee and charge £7.50 per day excl. VAT £9.00 inc. VAT which will continue to accrue daily for so long as your vehicle remains on our premises.