In using this website, you are deemed to have read and
agreed to the following terms and conditions:
The following terminology applies
to these Terms and Conditions, Privacy Statement and Disclaimer Notice and
any or all Agreements: "Client", “You” and “Your” refers to you,
the person accessing this website and accepting the Company’s terms and
conditions. "The Company", “Ourselves”, “We” and "Us",
refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client
and ourselves, or either the Client or ourselves. All terms refer to the offer,
acceptance and consideration of payment necessary to undertake the process of
our assistance to the Client in the most appropriate manner, whether by
formal meetings of a fixed duration, or any other means, for the express
purpose of meeting the Client’s needs in respect of provision of the Company’s
stated services/products, in accordance with and subject to, prevailing English
Law. Any use of the above terminology or other words in the singular, plural,
capitalisation and/or he/she or they, are taken as interchangeable and
therefore as referring to same.
Privacy Statement
We
are committed to protecting your privacy. Authorized employees within the
company on a need to know basis only use any information collected from
individual customers. We constantly review our systems and data to ensure the
best possible service to our customers. The United States government has
created specific offences for unauthorised actions against computer systems and
data. We will investigate any such actions with a view to prosecuting and/or
taking civil proceedings to recover damages against those responsible.
Please see our Privacy Policy for complete details.
Disclaimer
Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To
the fullest extent permitted by law, this Company:
§ excludes
all representations and warranties relating to this website and its contents or
which is or may be provided by any affiliates or any other third party,
including in relation to any inaccuracies or omissions in this website and/or
the Company’s literature; and
§ excludes
all liability for damages arising out of or in connection with your use of this
website. This includes, without limitation, direct loss, loss of business or
profits (whether or not the loss of such profits was foreseeable, arose in the
normal course of things or you have advised this Company of the possibility of
such potential loss), damage caused to your computer, computer software,
systems and programs and the data thereon or any other direct or indirect,
consequential and incidental damages.
This
Company does not however exclude liability for death or personal injury caused
by its negligence. The above exclusions and limitations apply only to the
extent permitted by law. None of your statutory rights as a consumer are
affected.
Payment
Cash, Personal Check, Bankers Card, all major Credit/Debit
Cards, Bankers Draft or BACS Transfer are all acceptable methods of payment.
Our Terms are 50% down payment when order is confirmed and the balance in full
within thirty days of shipping. All goods remain the property of the Company
until paid for in full. Monies that remains outstanding by the due date will
incur late payment interest at the rate of 2% above the prevailing Bank base
rate on the outstanding balance until such time as the balance is paid in full
and final settlement. We reserve the right to seek recovery of any monies
remaining unpaid sixty days from the date of invoice via collection. In such
circumstances, you shall be liable for any and all additional administrative
and/or court costs.
Returned checks will incur a $25 charge to cover banking fees
and administrative costs. In an instance of a second Returned check, we reserve
the right to terminate the arrangement and, if agreed to, we shall insist on
future cash transactions only. Consequently, all purchases and/or transactions
and agreements entered into will cease with immediate effect until such time as
any and all outstanding monies are recovered in full.
Cancellation Policy
A minimum 24 hours’
notice of cancellation required after your manufacturing date is established.
Notification for instance, in person, via email, mobile phone ‘text message’
and/or fax, or any other means will be accepted subject to confirmation in
writing. We reserve the right to levy a $50 charge to cover any subsequent
administrative expenses.
Termination of
Agreements and Refunds Policy
Both
the Client and ourselves have the right to terminate any Services Agreement for
any reason, including the ending of services that are already underway. No
refunds shall be offered, where a Service is deemed to have begun and is, for
all intents and purposes, underway. Any monies that have been paid to us which
constitute payment in respect of the provision of unused Services, shall be
refunded.
Availability
Unless
otherwise stated, the services featured on this website are only available
within the United Kingdom, or in relation to postings from the United Kingdom.
All advertising is intended solely for the United Kingdom market. You are
solely responsible for evaluating the fitness for a particular purpose of any
downloads, programs and text available through this site. Redistribution or
republication of any part of this site or its content is prohibited, including
such by framing or other similar or any other means, without the express
written consent of the Company. The Company does not warrant that the service
from this site will be uninterrupted, timely or error free, although it is
provided to the best ability. By using this service you thereby indemnify this
Company, its employees, agents and affiliates against any loss or damage, in
whatever manner, howsoever caused.
Log Files
We
use IP addresses to analyse trends, administer the site, track user’s movement,
and gather broad demographic information for aggregate use. IP addresses are
not linked to personally identifiable information. Additionally, for systems
administration, detecting usage patterns and troubleshooting purposes, our web
servers automatically log standard access information including browser type,
access times/open mail, URL requested, and referral URL. This information is
not shared with third parties and is used only within this Company on a
need-to-know basis. Any individually identifiable information related to this
data will never be used in any way different to that stated above without your
explicit permission.
Links to this website
You may not create a link to any page of this website without our prior written
consent. If you do create a link to a page of this website you do so at your
own risk and the exclusions and limitations set out above will apply to your
use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites which are
linked to from this website. Opinions expressed or material appearing on such
websites are not necessarily shared or endorsed by us and should not be
regarded as the publisher of such opinions or material. Please be aware that we
are not responsible for the privacy practices, or content, of these sites. We
encourage our users to be aware when they leave our site & to read the
privacy statements of these sites. You should evaluate the security and
trustworthiness of any other site connected to this site or accessed through
this site yourself, before disclosing any personal information to them. This
Company will not accept any responsibility for any loss or damage in whatever
manner, howsoever caused, resulting from your disclosure to third parties of
personal information.
Copyright Notice
Copyright
and other relevant intellectual property rights exists on all text relating to
the Company’s services and the full content of this website.
This
Company’s logo is a registered trademark of this Company in the United States
and other countries. The brand names and specific services of this Company
featured on this web site are trade marked.
Communication
We
have several different e-mail addresses for different queries. These, &
other contact information, can be found on our Contact Us link on our
website or via Company literature or via the Company’s stated telephone,
facsimile or mobile telephone numbers.
Force
Majeure
Neither
party shall be liable to the other for any failure to perform any obligation
under any Agreement which is due to an event beyond the control of such party
including but not limited to any Act of God, terrorism, war, Political
insurgence, insurrection, riot, civil unrest, act of civil or military
authority, uprising, earthquake, flood or any other natural or man made
eventuality outside of our control, which causes the termination of an
agreement or contract entered into, nor which could have been reasonably
foreseen. Any Party affected by such event shall forthwith inform the other
Party of the same and shall use all reasonable endeavours to comply with the
terms and conditions of any Agreement contained herein.
Waiver
Failure
of either Party to insist upon strict performance of any provision of this or
any Agreement or the failure of either Party to exercise any right or remedy to
which it, he or they are entitled hereunder shall not constitute a waiver
thereof and shall not cause a diminution of the obligations under this or any
Agreement. No waiver of any of the provisions of this or any Agreement shall be
effective unless it is expressly stated to be such and signed by both Parties.
General
The
laws of the United States govern these terms and conditions. By accessing this
website and using our services/buying our products, you consent to these terms
and conditions and to the exclusive jurisdiction of the American courts in all
disputes arising out of such access. If any of these terms are deemed invalid
or unenforceable for any reason (including, but not limited to the exclusions
and limitations set out above), then the invalid or unenforceable provision
will be severed from these terms and the remaining terms will continue to
apply. Failure of the Company to enforce any of the provisions set out in these
Terms and Conditions and any Agreement, or failure to exercise any option to
terminate, shall not be construed as waiver of such provisions and shall not
affect the validity of these Terms and Conditions or of any Agreement or any
part thereof, or the right thereafter to enforce each and every provision.
These Terms and Conditions shall not be amended, modified, varied or
supplemented except in writing and signed by duly authorised representatives of
the Company.
Notification of Changes
The
Company reserves the right to change these conditions from time to time as it
sees fit and your continued use of the site will signify your acceptance of any
adjustment to these terms. If there are any changes to our privacy policy, we
will announce that these changes have been made on our home page and on other
key pages on our site. If there are any changes in how we use our site
customers’ Personally Identifiable Information, notification by e-mail or postal
mail will be made to those affected by this change. Any changes to our privacy
policy will be posted on our web site 30 days prior to these changes taking
place. You are therefore advised to re-read this statement on a regular basis
These
terms and conditions form part of the Agreement between the Client and
ourselves. Your accessing of this website and/or undertaking of a purchase or
Agreement indicates your understanding, agreement to and acceptance, of the
Disclaimer Notice and the full Terms and Conditions contained herein. Your
statutory Consumer Rights are unaffected.
©Shockwave Motors,
Inc. 2014 All Rights Reserved