Terms and Conditions for the Supply of the CHIP Express™ system
These Terms and Conditions govern the supply of the CHIP Express™ system provided by us to you. Please read the terms and conditions ("Terms and Conditions") set out below carefully before purchasing CHIP Express™ system. By purchasing a CHIP Express™ system from us or otherwise using this Website you agree to be bound by these Terms and Conditions.
"Agreement" is a reference to these Terms and Conditions and any order form and payment instructions provided to you; "the Customer", "you", "your" and "yours" are references to you the person purchasing any CHIP Express™ system from us; "CHIP Express™ system" means the digital tuning system ordered by you from us; "Terms and Conditions" means the terms and conditions of supply set out in this document; "we", "us" and "our" are references to CHIP Express™; "Website" is a reference to the website, www.chipexpress.com which is run and operated by us and on which these Terms and Conditions are displayed.
- 2.1 When ordering any CHIP Express™ system from us you do so in accordance with this Agreement. You are deemed to have accepted the prices of the CHIP Express™ system quoted to you and other terms such as delivery which may have been quoted to you at the time of placing your order.
- 2.2 Acceptance by us of any order placed by you will only take place when we notify you that your order has been accepted.
- 2.3 Any contract for the supply of a CHIP Express™ system is between you and CHIP Express™.
- 2.4 You agree to take particular care when providing us with your payment details and you warrant that these details are accurate and complete at the time of ordering. You agree to take particular care when providing address information at time of ordering. No liability is accepted for orders where delivery information is incorrect, incomplete or misleading.
- 2.5 You must check that the order meets your requirements and that the quantity and specifications of the CHIP Express™ system meet your requirements.
- 2.6 It is your responsibility to ensure that the CHIP Express™ system is suitable for the purpose for which you intend. You must ensure that the CHIP Express™ system purchased is compatible with the relevant vehicle on which the tuning system will be used. All CHIP Express™ systems sold by us must be installed and used in accordance with guidelines and recommendations.
- 2.7 Where we accept credit or debit cards, you also warrant that the credit or debit card details that you provide is your own credit or debit card and that you have sufficient funds to make the payment.
3. Prices and Payment
- 3.1 All prices listed on the Website are correct at the time of publication however we reserve the right to alter these in the future.
- 3.2 The total price for CHIP Express™ system ordered, including delivery charges, will be confirmed to you when you place your order.
- 3.3 Full payment must be made for the CHIP Express™ system at the time of ordering by the payment method specified by us.
- 4.1 Delivery periods quoted at the time of ordering are approximate only and may vary. The CHIP Express™ system will be delivered to the address nominated by you at the time of ordering. Time is not of the essence for delivery of any CHIP Express™ system under this Agreement.
- 4.2 All risk in the CHIP Express™ system shall pass to you upon delivery.
- 4.3 If you fail to accept delivery of the CHIP Express™ system at the time they are ready for delivery, or we are unable to deliver the CHIP Express™ system at the nominated time due to your failure to provide appropriate instructions, documentation, licences, consents or authorisations, then the CHIP Express™ system shall be deemed to have been delivered to you and all risk and responsibility in relation to such CHIP Express™ system shall pass to you. Any storage, insurance and other costs which we incur as a result of the inability to deliver the CHIP Express™ system shall be your responsibility and you shall indemnify us in full for such cost.
- 4.4 You must notify us immediately if the CHIP Express™ system has not been delivered or if there has been a partial delivery of the CHIP Express™ system only. Any missing items should be listed and notified to us within 3 days of receipt of the package. We will either arrange for the missing items to be delivered to you at no extra cost or refund you the original cost of the missing items.
- 4.5 No refunds of the delivery charge are made for late deliveries.
- 4.6 Where delivery is outside the UK, you may be liable to pay additional tax or duty once the package reach your country. This may vary from country to country. Please contact your local customs office for more information.
- 4.7 Please note that package may be subject to inspection by your local customs office where delivery is outside the UK.
5. Cancellation and Returns
- 5.1 You must notify us immediately if you decide to cancel your order preferably by email and quote your order number. The time limit for notification of cancellation is 14 days following receipt by you of the CHIP Express™ system. We cannot guarantee that we will be able to stop your order once we receive notice of cancellation as the goods may already have been despatched. In these cases, the CHIP Express™ system will need to be returned to us in good condition.
- 5.2 Once we have heard from you that you wish to cancel your order within the stipulated time period we will refund or re-credit your debit or credit card with the full amount within 30 days which includes the initial delivery charge (where applicable) which you paid for the delivery of the CHIP Express™ system.
- 5.3 You must ensure that when returning the CHIP Express™ system it is adequately packed and returned with a reputable courier such as Royal Mail Special Delivery. The cost of the return must be paid for by you. A copy of the original invoice must also be returned with the system.
- 5.4 You are entitled to return the CHIP Express™ system ordered from us within 30 days of receipt if the system is faulty or damaged. You will be entitled to have the CHIP Express™ system repaired or replaced provided we agree that it is faulty or was delivered to you in a damaged condition.
- 5.5 The cost of returning the system to us must be paid by you unless we agree that the CHIP Express™ system is faulty or damaged upon receipt by you. Any refunds or re-credits will be undertaken within 30 days.
- 5.6 A CHIP Express™ system which develops a fault or becomes faulty within the warranty period of 3 years from the date of purchase may be repaired or replaced at our option, provided that the CHIP Express™ system has been used in accordance with supplied recommendations and guidance.
- 5.7 A CHIP Express™ system returned to us must be adequately packed and returned with your original invoice via a reputable courier such as Royal Mail Special Delivery. The cost of the return must be paid for by you.
6. Damage in Transit
- 6.1 You must notify us immediately if a CHIP Express™ system is found to be damaged upon delivery. You must keep the CHIP Express™ system within the original packing and make these available for inspection.
- 6.2 In the case of CHIP Express™ system damaged in transit our total liability to you is limited to providing replacement CHIP Express™ system within a reasonable period. You must follow the procedure set out in Clause 5 for all damaged CHIP Express™ systems.
- 7.1 Title to a CHIP Express™ system which has been returned to us under Clause 5 and in respect of which we have provided a substitute or paid a refund will transfer to us upon despatch of a replacement or the date of the refund as appropriate.
- 8.1 We offer a warranty on all CHIP Express™ systems that if, within the first 3 years following the date of purchase, it is found to be defective, we will, at our option, either replace or repair the CHIP Express™ system. This warranty does not affect your statutory rights as a Consumer.
- 8.2 All warranty claims must be notified to us in writing within the warranty period. The CHIP Express™ system must then be returned in accordance with the returns procedure set out in Clause 5 accompanied with a copy of the original invoice.
- 8.3 The warranty that we offer does not extend to damage or failures which arise from improper use, wear and tear, wilful damage, accidents, failure to follow instructions, or any repair or modification made without our consent.
- 8.4 Our warranty is only valid in respect of a CHIP Express™ system which has been fitted and installed in accordance with instructuons.
- 8.5 This warranty represents your sole remedy against us that we may provide to you for defective CHIP Express™ systems.
- 8.6 This warranty is non transferable.
9. Limitation of Liability
- 9.1 We disclaim any and all liability to you for the supply of the CHIP Express™ system to the fullest extent permissible under applicable law. This does not affect your statutory rights as a Consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant CHIP Express™ system. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising.
- 9.2 We shall not be held liable for any failure or delay in delivering CHIP Express™ system where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of God or those of third parties which shall include, but is not limited to, any labour strikes, bad weather conditions, fires, governmental actions, war or terrorist acts.
- 9.3 We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss or damage to property and/or loss from claims of third parties arising out of the use of the CHIP Express™ system purchased from us.
- 9.4 Power figures, fuel consumption rates and other performance estimates stated in any CHIP Express™ publications and on the Website reflect general expectations but cannot be guaranteed on any particular vehicle.
- 9.5 It is your responsibility to ensure that you notify your insurer of the use of the CHIP Express™ system on your vehicle. Whilst the CHIP Express™ system has been designed in such a way as to minimise the likelihood of its use infringing a motor manufacturer’s warranty we cannot warrant or guarantee that its use on a particular vehicle will not infringe all motor manufacturer’s warranties which may change from time to time. We do not accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, suffered or incurred by you as a result of your failure to notify your insurer of the use of the CHIP Express™ system or infringing a motor manufacturer’s warranty or the wear rate of perishable items such as clutches and tyres and/or any mechanical or subsequent failure from use of the CHIP Express™ system.
- 9.6 We shall not be held liable for any misrepresentations.
- 9.7 We accept no liability whatsoever for damaged caused during fitting a CHIP Express™ system.
10. Your Information
- 10.1 Where we have requested information from you to provide the CHIP Express™ system, you agree to provide us with accurate and complete information.
- 10.2 You authorise us to use, store or otherwise process your personal information in order to provide the CHIP Express™ system to you and for marketing purposes (the "Purpose"). The Purpose may include the disclosure of your personal information to third parties from time to time where this is required by law or in order to provide the system to you.
We hope that you will not have any complaints about our products however if you do have an issue please email us and we will do our best to respond within 5 business days.
- 12.1 We may assign, subcontract or novate any part or parts of our rights and obligations under these Terms and Conditions and this Agreement without your consent or any requirement to notify you. You are not entitled to assign or subcontract any part of this Agreement without our express written consent.
- 12.2 We reserve the right to cancel any order which may have been accepted by us where, due to circumstances beyond our control, it is not possible to deliver the CHIP Express™ system to you.
- 12.3 The Terms and Conditions, any order form and payment instructions constitute the entire agreement between you and us. No other terms, representations, promises or statements whether expressed or implied shall form part of this Agreement including for the avoidance of doubt, any terms and conditions which the Customer tries to apply in any purchase order, confirmation of order, specification or other document or communication. In the event of any conflict between these Terms and Conditions and any other term or provision, these Terms and Conditions shall prevail.
- 12.4 Any variation to these Terms and Conditions shall only be valid if made in writing and signed by an authorised representative of CHIP Express™.
- 12.5 If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
- 12.6 These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.
- 12.7 No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
- 12.8 It is not intended that the undertakings and obligations of the parties set out in this Agreement shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.