Diamond Performance Ltd : Terms & Conditions
These Terms and Conditions supersede all previous Conditions.
ACCEPTANCE OF ORDERS
Acceptance of orders is entirely at our discretion, but orders
will normally be accepted subject to availability of goods.
regret we are unable to accept cancellation of orders made
to meet the customer’s special requirements.
every endeavour has been made to ensure that goods are accurately
described, no warranty to this
effect is given and no responsibility will be accepted in
the event of an error or mis-description in anycatalogue or any damage resulting therefrom.
of delivery are given in good faith and every effort will
be made to keep to despatch dates given;
we cannot however accept any liability for any loss caused
through failure to deliver or delay, and the buyer will not
be entitled to cancel the contract due to late delivery.
NON-DELIVERY OR DAMAGE CLAIMS
claims recoverable from carriers for non-delivery must be
made to us within 7 days of date of
invoice or delivery note.
or discrepancies to the order must be notified to us within
24 hours of receipt of goods. If
goods are clearly damaged, refuse delivery.
brake discs come with a 12 month / 12,000 mile warranty –
whichever comes sooner
PLEASE NOTE: this is with effect from the retail sale date.
The full extent of our liability for any loss or damage experienced by the customer is
to refund the full price paid, including carriage and VAT, or replace or repair the product(s)
we supplied at no additional charge. Parts supplied by us should always be fitted by competent,
qualified persons. We are not liable for any direct or indirect loss or damage of any kind
incurred by the customer, or third parties, arising from the use of our products however caused.
Specialist technical advice should be obtained if you are in any doubt regarding installation.
goods which have been supplied in accordance with a customer’s
order, and which are subsequently
returned will only be credited if:
agreement for the goods to be returned has been obtained in writing; and
amount credited shall be 20% less than the
value at which the goods were invoiced. This includes goods
returned as 'Faulty' which prove to be in
perfect condition for re-sale.
also reserve the right to charge a re-packaging fee –
where goods have been returned to us
insufficiently packed / protected.
ALL returns must be a accompanied by a letter explaining why
the goods have been returned, where they
are from, the part number and quantities. Failure
to supply a cover note or sufficient information may delay the issue of credit where applicable.
The following conditions shall apply to contracts for the
supply of goods to Export customers:
- All prices quoted will be F.O.B. UK Port unless otherwise stated.
- Unless otherwise agreed in writing we will deliver the goods to our
own nominated carrier, and the risk in the goods will pass to
the buyer on delivery. Where the buyer specifies his own choice
of carrier the
risk in the goods will pass to the buyer on delivery to that
- The buyer shall pay all insurance required in respect of
Payment shall be made in GBP and the buyer shall pay any
currency charges or bank handling fees.
Despatch of goods will only take place when cleared funds are
received from the buyer.
- The buyer shall be responsible for complying with any legislation or regulations governing the export
of goods from the UK, the shipment of goods, their import into the country of destination, and for the payment of any taxes or duties on them.
- Special conditions will apply to our Returns policies and
product warranties, which will be agreed in writing with
individual agents and representatives.
- For insurance reasons we are not able to supply goods to customers in the USA or Canada.
It is also an express condition of these Terms that retailers of our products shall not sell them to such customers.
Black Diamond Performance Ltd will not accept responsibility for warranties or claims of consequential damages
made by US or Canadian customers who have been sold our products in contravention of this condition.
If events beyond our reasonable control prevent despatch or
delivery of the goods by an agreed date, such date shall be
suspended for a reasonable period. If such period continues
beyond 3 months then we may choose without liability or redress
to cancel the contract.
conditions shall be deemed to be incorporated as conditions
of any order or contract accepted. No
dealer or agent appointed to sell our goods on our behalf
is authorised to transact any business which
gives any warranty, makes any representation or incurs any
liability on our behalf. We reserve the right to
alter designs, constructional details and prices without giving
notice. These conditions and any contract formed under them
shall be governed by the laws of England and any disputes
relative thereto will be settled by Arbitration in London in
accordance with the Arbitration Act 1990. If any provision of
these Conditions is found by any competent authority to be
invalid or unenforceable in whole or in part, the validity of
all remaining provisions shall not be affected.
are valid for 30 days from date stated.
E & O E.
1st January 2018