Terms & Conditions
KMS MOTORSPORT EXHAUSTS/PROCUCTS CUSTOMER SERVICE
n.b. These terms and conditions do not affect consumers statutory rights
Please read these terms and conditions prior to placing your order. By placing an order with KMS Motorsport you agree to the terms and conditions stated below. Any reference to KMS MOTORSPORT, Unit 5 Eckersley Mill, Swan Meadow Rd, Wigan, WN68EB, who sell or supply specialist parts in the course of their trade or business.
Any reference to You/Buyer/Purchaser shall mean the person detailed on the sales invoice.
We are suppliers of modified performance parts or visual enhancements. This means that, by their very nature, the parts we supply may not be a straightforward DIY fit. In some cases, modifications or adaptations may be required to achieve an acceptable fit. We therefore recommend that parts we supply should be fitted by a suitably qualified person.
We are committed to protecting your privacy. We only use the information we collect about you lawfully (in accordance with the Data Protection Act 1998).
These terms and conditions do not affect your statutory rights as a consumer. Transactions are governed by British Law and any dispute in transactions will be settled by British Law.
Orders placed via our online shop are mere offers to purchase and shall not be accepted or binding upon us until confirmed or acknowledged in writing by us by means of invoice or statement. The automatically produced order confirmation email is purely an acknowledgement that you have submitted your order and allows you to check that you have entered all information correctly.
We retain the right to cancel any order at any time. If payment has been made, we will provide a full refund immediately.
We will not dispatch goods or put goods on back order until payment is received in full. Payment can be made by credit/debit card or bank transfer.
We do our best to keep all prices and information on this web site up to date. However, occasionally information from our suppliers can change at short notice, so we must reserve the right to alter specifications and prices on the web site at short notice. In the rare event that the price of an item ordered through the on-line shop has changed we shall endeavour to hold to the price shown at the time of ordering. However, in cases where there is a substantial increase we shall contact you to agree a new price before accepting payment. If you do not wish to agree to the new price then we reserve the right to withdraw from the transaction.
Not very often, we can make a mistake in email or phone quotations. We reserve the right to correct these and will always inform you before proceeding with your order. We are not bound to the price quoted at time of ordering until you have received both the goods and an invoice.
Prices on our website include VAT. All prices quoted on the web site include VAT unless otherwise stated.
When we quote delivery times it is in “working days”. This means any day excluding Saturday, Sunday and public holidays. We shall inform you immediately if we are informed of any delay and will inform you of the new delivery date.
Where goods are alleged to be defective, the purchaser agrees to return such goods for inspection and report (without us replacing the said goods prior to such inspection). The purchaser also accepts that it is reasonable to inform us of any defect or other failure prior to contacting independent third parties or incurring expense and, in addition, to allow us to remedy the defector failure.
We are unable to exchange items that are not damaged, defective or incorrect. Any goods ordered by the buyer subsequently returned to KMS Motorsport Ltd for any reason other than faulty manufacture, will be subject to a restocking charge equal to 25% of the invoice value of the goods. The forgoing condition is further subject to goods being returned in the condition dispatched, and the responsibility for any costs or charges incurred in the return of such goods to the premises of KMS Motorsport Ltd will be the buyer's. Items must be returned in the packaging in which they arrived. If not, then adequate measures must be taken to ensure a safe return. Please note that we reserve the right to send back items to you that have been returned to us after 30 days unless they are faulty. If you are returning an item because of an error on our part or, in accordance with our returns policy, because it is damaged or defective on receipt, we will refund the delivery charges incurred by you in returning the item to us or arrange collection through our preferred carrier. KMS Motorsport Ltd will check all items returned as damaged or defective. In the event of finding no fault, we reserve the right to re-charge you for the item/s and to recover our fees and expenses from you. This returns policy does not affect your statutory rights.
All KMS Motorsport exhaust systems and components come with a conditional lifetime guarantee for the original purchaser only on production of a valid receipt, with the exception of the following components:
- Exhaust Flexi Pipes – 12 months from date of purchase.
- Sports cats – 12 months from date of purchase – excluding track use and vehicles running non Ford ECU software.
- Box wadding (eglass) - this will not be covered on vehicles running non Ford ECU software and/or where we have reasonable cause to suspect failure is down to owner misuse.
- Exhaust clamps, nuts/bolts & gaskets are not covered
- Any failure due to components being fitted incorrectly
- Damage resulting directly or indirectly by misuse, accident, faulty engine mounts, faulty hangers, excessive vibration, excessive backfiring.
- Damage caused resulting from engine damage (such as explosion turbo failure backfire etc.)
- By modification of the exhaust system.
- Damage caused by collision or impact
- Damaged as a result of motorsport.
All parts carry a back to base warranty to HQ in Wigan.
Proof of purchase and identification may be required.
Labour is not covered under the KMS Motorsport warranty/guarantee, however, you may visit our premises for inspection and we will replace the parts for you, stock permitting.
Damaged items will not be guaranteed. E.g. damage caused by speed bumps, incorrect fitting etc.
We reserve the right to ask an independent engineer to inspect the item/vehicle before issuing a guarantee.
Cost of replacement part to be paid for by the customer until faulty item is returned to us for inspection then refund.
Warranty on Engine work.
Warranty is only valid to the original purchaser, some parts are not manufacturer warranted therefore would not stand a warranty from us.
This means that some parts sold by KMS Motorsport carry no warranty whatsoever. Implied warranties, such as warranties of merchantability, are excluded. (An implied warranty of merchantability means that the part is reasonably fit for the general purpose for which it was sold). The entire risk as to quality and performance of such parts is with the buyer. Should such parts prove defective following their purchase, the buyer and not the manufacturer, distributor or retailer, assumes the entire cost of all necessary servicing or repairs.
LIMITATIONS UPON LIABILITY
We aim to ensure that all information on our web site is correct. However, we cannot be responsible for the use of the information given.
Advice given by KMS Motorsport on the telephone or by email is based entirely upon information given by the purchaser with no inspection undertaken. As such, all advice given is indicative only and should be checked by the purchaser prior to order. Where advice is given after visual inspection by KMS Motorsport such advice shall amount to an opinion only.
Goods are supplied only to correspond to the purpose for which goods of that kind are commonly supplied and not alternative uses to which they may be put. No liability for failure will be accepted by KMS Motorsport for such alternative use, amendment or modification.
We always do our best to deliver goods within the timescale quoted at the time of ordering but sometimes there can be a delay which is out of our control. As such, any dates we specify for the delivery of goods are approximate only and we shall not be liable for any losses, costs, damages, charges or expenses caused by any delay for delivery of the goods. (We strongly recommend that you do not make arrangements to have parts fitted until they have arrived. We will not be held responsible for any charges incurred if such arrangements have to be cancelled due to a delay in delivery.)
All goods are subject to availability. If we do not supply the goods for any reason your debit / credit card will be refunded the full amount. KMS Motorsport will not be responsible for compensating you for any other losses which you may incur should we not supply.
Goods may not be compatible with vehicles which have been modified. Where goods ordered by the Purchaser are not compatible by reason of modification, we may accept such goods back into stock entirely at our discretion and will either issue a refund or credit to the purchaser except where goods are specifically ordered for the purchaser where no such refund or credit will operate, a 20% re-stocking fee will also be applicable.
Under no circumstances will KMS Motorsport be held liable for any fitting charges incurred by the purchaser. It is the purchaser’s responsibility to ensure he has the correct parts prior to fitting.
No liability is accepted by KMS Motorsport for Incorrect fitment or fitting to a substandard motor vehicle.