Translogic products are covered by a warranty, where applicable, which starts from the date of purchase against any defect in materials or workmanship (see schedule below).
1. If any defect should occur during the warranty period the product should be returned to Translogic Systems Ltd, (see address), or alternatively to the place of purchase along with proof of purchase. This warranty does not cover labour costs or shipping to and from Translogic Systems Ltd.
2. Translogic Systems Ltd will examine the product and if it is found to be defective due to faulty materials or bad workmanship will, without charge, repair or replace the product at their discretion.
3. If the product covered by this warranty is damaged due to accidents, misuse, modification or unauthorised repair, shortening of cables, broken weatherproof seals due to cable exit bending/pulling, incorrect electrical connections, or installed incorrectly and not as described in the user manual then this warranty becomes void.
4. This warranty does not cover product/component 'wear and tear'. If a product component fails or develops a fault during the warranty period but is due to general 'wear and tear' it will not be covered by this warranty.
5. This warranty is personal to the purchaser and is non transferable.
6. Products returned to Translogic Systems Ltd should be packed carefully to avoid damage in transit. Please include details of the fault together with your name, address and contact telephone numbers and proof of purchase.
Any products fitted to Motocross, Supermoto, Dirt Buggy, Formula SAE and Kart applications are not covered by a warranty once installed and used. New complete Powershifter systems are covered by a 6 month warranty. New complete iS4 Quickshifter Systems feature a 2 year warranty. New complete QSXi Quickshifter Systems feature a 2 year warranty. New complete QSX Quickshifter systems are covered by a 1 year warranty. Spare parts are covered by a 6 month warranty. Translogic components/parts fitted to or used in conjuction with third party devices are not covered by any warranty.
If you decide to return an un-used & not fitted product to Translogic Systems Ltd or your supplying dealer within 14 days from receipt of goods Translogic Systems Ltd or your supplying dealer will refund to you the original product cost minus a 20% re-stocking & handling charge and origin postage/shipping cost which will be notified to the customer prior to any authorisied product return. Any return postage/shipping costs to Translogic Systems Ltd or your supplying dealer must be absorbed by the customer.
Translogic Systems offers technical support over the phone to all its customers in the case that you may need a little help. You can obtain further information regarding Translogic products by contacting your Translogic Systems Ltd dealer:- Click here to "Find a Dealer"
(a) "Seller" shall mean Translogic Systems Limited (company no: 4292279)
(b) "Buyer" means any person, firm, or company who or which orders Goods.
(c) "Goods" means any item, article, part, service or thing supplied to the Buyer.
(d) "Contract" means an agreement between the Seller and the Buyer by which the Seller agrees to supply the Goods to the Buyer.
(e) "Conditions" means these terms and conditions of sale and any special terms and conditions agreed in writing by the Seller.
(f) "Price" means the price of the Goods excluding carriage, delivery, packing, insurance and VAT (at the rate due on the date of the Seller's invoice) unless stated.
(g) "Intellectual Property Rights" means copyright, design right, trademarks, patents and other such rights.
2. Quotations, Orders and Delivery
(a) The Price in all quotations will be valid for a period of 30 days unless withdrawn by the Seller.
(b) All orders accepted (written or oral) all quotations given and all Goods supplied are subject to these Conditions. No person other than a director of the Seller has authority to enter into any Contract which does not incorporate these Conditions.
(c) If the Buyer shall at any time require the Seller to make any alterations or additions to the Goods the Seller reserves the right to make an additional charge.
(d) Time shall not be of the essence of the Contract and the Seller shall be under no liability or responsibility in respect of loss or damage arising from delay in delivery.
(e) Where an order is placed by an employee, agency or other third party on behalf of the Buyer the Buyer shall be deemed to have authorized such party to bind the buyer as principal to the Contract.
(f) If the Buyer operates a specific ordering system it shall provide the Seller with details at the time an order is placed. The Seller is entitled to regard orders placed as being subject to that system until written notice of any change is given to the Seller. The Buyer shall not withhold any payment for failure to comply with the system.
3. Copyright etc
(a) All Intellectual Property Rights in any Goods conceived created or designed by the Seller (including any designs which are the result of modification of existing designs provided by the Buyer) shall be owned solely by the Seller.
(b) Designs made by the Seller are for the purpose specified in the original order.
(c) Where the buyer provides material to the Seller the buyer warrants that it owns all Intellectual Property Rights and indemnifies the seller against all costs claims and expenses in relation to any infringement.
(d) Where the Buyer wishes to use any designs which are the property of the Seller by virtue of clause 3 (a) the Seller reserves the right to charge a fee and to impose conditions as to the use of the Intellectual Property Rights.
(a) From the time of delivery the Goods shall be at the risk of the Buyer or (if earlier) when possession of the goods is taken by a carrier for delivery to the Buyer. However, the Goods shall remain the property of the Seller until payment due under the contract has been made in full and unconditionally. Whilst the Goods are in the Buyer's possession the buyer shall:
i) be a bailee and fiduciary agent for the Seller
ii) keep the Goods separate and identifiable from all other goods in its possession.
iii) permit the Seller access to the Goods and permit the Seller to repossess same on demand.
iv) hold on trust the proceeds of sale for the Seller if the Buyer shall sell any of the Goods (whether converted into or incorporated into new products or otherwise).
(b) In the event that the Buyer has a bankruptcy order against him or makes an arrangement or composition with his creditors or has suffered or allowed any execution whether legal or equitable to the levied on his property or (being a body corporate) has convened a meeting of creditors (whether formal or informal) or entered into liquidation (whether voluntary or compulsory) or has a receiver manager administrator or administrator receiver appointed of its undertaking or any part thereof or a resolution has been passed or a petition presented to any Court for the winding up of the Buyer or any proceedings have been commenced relating to the insolvency or possible insolvency of the Buyer or the Seller apprehends any of the events above is about to occur then the Seller shall be entitled to cancel the contract or suspend any deliveries or collect any Goods not paid for.
5. Inspection and Acceptance
(a) The Buyer shall inspect the Goods supplied immediately on the arrival and shall within five working days from such inspection give notice in writing to the Seller of any damage, defects, shortages or any other reason by which the buyer alleges that the Goods are not in accordance with the Contract. If the buyer shall fail to give such notice the Goods shall be deemed to be in all respects satisfactory and the Buyer shall be bound to accept and pay for them accordingly.
(b) No claim for defective Goods can be accepted if the Buyer stores the Goods incorrectly or the Goods are altered or tampered within any way.
Any charge made for tools covers part tool costs only and such tools will belong to the Seller and will be maintained and stored at the Sellers expense for a maximum period of 3 months from the date of the Contract. The Seller gives no guarantee concerning the useful life of any tool beyond the period of the original contract. Where tools are purchased outright the Seller accepts no responsibility for the repair and maintenance of them and reserves the right to make a charge for any upkeep work. Tools (except cutters) produced for the manufacture of the Goods covered by the Contract will belong to the Seller until all outstanding debts have been cleared.
7. Property or Parts Supplied by The Buyer
(a) Any property or parts supplied by the Buyer will be held on their behalf at their risk.
(b) Care will be taken to ensure the best results from material or parts supplied by the buyer but the Seller will not accept any responsibility for imperfect work caused by defects in such materials or parts.
(c) Adequate quantities of material or parts must be supplied by the Buyer to cover reasonable spoilage.
8. Price Increase
The Seller reserves the right to increase the Price upon giving the Buyer seven days notice verbal or written of any increases in the cost of labour an or materials used in the production of the Goods.
(a) Payment by the due date on which the buyer is to pay for all goods shall be the essence of the Contract.
(b) Approved credit accounts 28 days from the date of invoice all other orders cash in advance or pro-forma payments.
(c) The Seller shall be entitled to charge the buyer interest at the rate of 2% above base rate per calendar month, upon all overdue balances, or on the Price of any Goods which the buyer has failed to take delivery of or collected at the due date.
(d) An administration charge of £25 minimum will be made on each occasion for any cheque rendered in payment where the cheque has to be represented or is initially refused.
(e) Any costs incurred by the Seller to recover any outstanding monies will be charged to the buyer and added to any outstanding monthly balance.
10. Information Communication Technology (ICT)
(a) The Seller takes reasonable steps to reduce the transmission of viruses to ICT however it takes no responsibility for the transmission of ICT viruses in any format. The Seller accepts no liability in respect of the transmission or non-receipt of designs, files or documents.
(b) The Seller operates a back-up system to protect data but accepts no responsibility for the storage or retrieval of such data. The Seller may charge for the retrieval of back-up data at an appropriate hourly rate. The Seller holds back-up data for a maximum of one year from creation.
11. Data Protection
(a) The Seller holds data in accordance with the terms of the relevant Data Protection legislation.
(b) The Seller reserves the right to pass details regarding payment history to external credit referencing agencies and/or other financial institutions.
(a) Any representation or warranty written or orally made or given prior to the Contract is excluded.
(b) Any waiver by the Seller of one or more of these Conditions does not constitute a permanent waiver of these Conditions nor a general waiver of these Conditions as a whole, and nor does the same prejudice the exercise of the Seller's rights.
(c) The Seller's liability is limited to the Price of the goods. The Seller shall not under any circumstances be liable for any injury direct or indirect consequential, losses or damage of the buyer.
(d) The Seller does not warrant that any Goods provided to the buyer will comply with any or all of the statutory laws relating to any goods supplied in the United Kingdom or any other country. It is the buyers responsibility to ensure any such compliance.
(e) The performance of the Contract by the Seller is subject to variation or cancellation as a result of any cause beyond the Seller's control.
(f) Each of these clauses and sub-clauses shall be construed as an entirely separate obligation and the enforceability of any one or more of the clauses or sub-clauses shall not in any way be affected by the unenforceability of any other clause.
(g) This Contract shall be governed by English Law.