MOTORTRONICS – TERMS AND CONDITIONS OF SALE & SERVICE
1. INTERPRETATION & COMPANY DETAILS
1.1: In these Conditions:
- “Buyer” means the private consumer or trade customer who purchases Goods or Services from us.
- “Conditions” means these standard terms and conditions.
- “Contract” means the legally binding contract for the purchase and supply of Goods or Services.
- “Goods” means any physical parts, components, components sold on an exchange basis, or software supplied by us.
- “Services” means any testing, diagnostic, programming, or repair services carried out on components sent to us by the Buyer.
- “Repairs” means the repairs to be made to the Goods by Motortronics as specified in our item or service description.
- “Writing” includes electronic mail (email) and website-generated order confirmations.
- “Motortronics” refers to “www.motortronics.co.uk”
1.2: The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. BASIS OF SALE & ORDERS
2.1: By checking the “I agree to the Terms and Conditions” box at the point of purchase, the Buyer enters into a Contract governed exclusively by these Conditions, to the exclusion of any other terms.
2.2: For online retail purchases, 100% of the payment must be paid upfront before any Goods are dispatched or any Services are commenced.
2.3: No variation to these Conditions shall be binding unless agreed in Writing by an authorised Motortronics representative.
2.4: No order submitted by the Buyer shall be deemed accepted until confirmed by us in Writing. The Buyer is responsible for ensuring the accuracy of their order and providing all necessary vehicle details/information.
2.5: Motortronics’s employees or agents are not authorised to make any representations concerning the Services unless confirmed by Motortronics in Writing. In entering into the Contract the Buyer acknowledges that it does not rely on any such representations which are not so confirmed.
2.2: For online retail purchases, 100% of the payment must be paid upfront before any Goods are dispatched or any Services are commenced.
2.3: No variation to these Conditions shall be binding unless agreed in Writing by an authorised Motortronics representative.
2.4: No order submitted by the Buyer shall be deemed accepted until confirmed by us in Writing. The Buyer is responsible for ensuring the accuracy of their order and providing all necessary vehicle details/information.
2.5: Motortronics’s employees or agents are not authorised to make any representations concerning the Services unless confirmed by Motortronics in Writing. In entering into the Contract the Buyer acknowledges that it does not rely on any such representations which are not so confirmed.
3. PRICE AND ASSESSMENTS
3.1: The price for the Goods or Services shall be the price quoted on our website at the exact time of purchase, valid for 30 days. Prices are exclusive of VAT (where applicable) and shipping fees, which are calculated at checkout.
3.2: For repair Services, the quoted price includes a non-refundable Assessment Fee. If a component sent by the Buyer is found to be unrepairable, or if the Buyer chooses not to proceed with a recommended repair after testing, the Assessment Fee remains payable, alongside return shipping costs.
3.3: Motortronics reserves the right to increase the price before delivery to reflect any extra costs due to un-notified damages from previous repair attempts by third parties, additional requested repairs, or customer delays.
3.2: For repair Services, the quoted price includes a non-refundable Assessment Fee. If a component sent by the Buyer is found to be unrepairable, or if the Buyer chooses not to proceed with a recommended repair after testing, the Assessment Fee remains payable, alongside return shipping costs.
3.3: Motortronics reserves the right to increase the price before delivery to reflect any extra costs due to un-notified damages from previous repair attempts by third parties, additional requested repairs, or customer delays.
4. TECHNICAL DISCLAIMER: INSTALLATION, PROGRAMMING & CODING
4.1: Motortronics operates strictly as a supply-only parts retailer and electronic module repair facility. We do not provide vehicle installation, de-installation, vehicle diagnostics, or on-vehicle mechanical repair services.
4.2: The Buyer acknowledges that advanced automotive components (including but not limited to Jaguar and Land Rover modules) frequently require vehicle-specific configuration updates, software calibration, flashing, or coding to match individual vehicle features.
4.3: It is the Buyer’s absolute responsibility to ensure that any component supplied or repaired by us is installed and configured exclusively by a qualified vehicle specialist or brand-specific specialist garage utilizing the correct dealer-level diagnostic and programming equipment.
4.4: We accept no liability for parts that fail to operate correctly due to improper programming, inadequate technician skill, or the use of incompatible diagnostic machinery by third parties.
4.2: The Buyer acknowledges that advanced automotive components (including but not limited to Jaguar and Land Rover modules) frequently require vehicle-specific configuration updates, software calibration, flashing, or coding to match individual vehicle features.
4.3: It is the Buyer’s absolute responsibility to ensure that any component supplied or repaired by us is installed and configured exclusively by a qualified vehicle specialist or brand-specific specialist garage utilizing the correct dealer-level diagnostic and programming equipment.
4.4: We accept no liability for parts that fail to operate correctly due to improper programming, inadequate technician skill, or the use of incompatible diagnostic machinery by third parties.
5. ABSOLUTE EXCLUSION OF THIRD-PARTY LABOUR & CONSEQUENTIAL LOSS
5.1: Motortronics shall under no circumstances be liable to pay for, refund, or compensate the Buyer or any third party for any incidental expenses, consequential losses, or independent costs incurred.
5.2: Strict Exclusions: We do not pay for independent garage labour rates, third-party diagnostic charges, auto-electrician fees, mobile technician call-out charges, vehicle coding/programming fees, vehicle recovery/towing, car hire, or loss of vehicle use.
5.3: The financial cost of removing a suspected faulty part from a vehicle and reinstalling a replacement part remains entirely the responsibility of the Buyer.
5.2: Strict Exclusions: We do not pay for independent garage labour rates, third-party diagnostic charges, auto-electrician fees, mobile technician call-out charges, vehicle coding/programming fees, vehicle recovery/towing, car hire, or loss of vehicle use.
5.3: The financial cost of removing a suspected faulty part from a vehicle and reinstalling a replacement part remains entirely the responsibility of the Buyer.
6. DELIVERY & UNCOLLECTED GOODS
6.1: Delivery of the Goods shall be made by the Buyer collecting them at our premises after notification, or by Motortronics shipping the Goods to the agreed delivery address.
6.2: Any dates quoted for delivery are approximate only. Motortronics shall not be liable for any delay in delivery however caused. Time for delivery shall not be of the essence.
6.3: If the Buyer fails to take delivery of the Goods or fails to give adequate shipping instructions, Motortronics may:
6.2: Any dates quoted for delivery are approximate only. Motortronics shall not be liable for any delay in delivery however caused. Time for delivery shall not be of the essence.
6.3: If the Buyer fails to take delivery of the Goods or fails to give adequate shipping instructions, Motortronics may:
- 6.3.1: Store the Goods until actual delivery and charge the Buyer for reasonable storage and insurance costs; or
- 6.3.2: After contacting the Buyer in Writing and giving them a reasonable opportunity to take delivery, sell the Goods at a market value, deduct our costs/shortfalls, and account to the Buyer for any excess; or dispose of the Goods as we fit.
6.4: The Buyer warrants that it is the legal owner of any original parts sent to us for repair.
7. RISK AND INSURANCE
7.1: The risk of damage to or loss of a customer’s original component remains with the Buyer while the component is in the possession of Motortronics. The Buyer should maintain adequate transit and property insurance to cover their property.
8. WARRANTIES, RIGOROUS TESTING & CLAIMS LIMITATION
8.1: All components supplied or repaired by us undergo strict operational bench testing before being shipped.
8.2: Subject to the conditions below, Motortronics warrants that Repairs will be free from defects in material and workmanship for 6 months from the date of delivery.
8.3: Motortronics shall be under no liability under this warranty if:
8.2: Subject to the conditions below, Motortronics warrants that Repairs will be free from defects in material and workmanship for 6 months from the date of delivery.
8.3: Motortronics shall be under no liability under this warranty if:
- 8.3.1: The defect arises from fair wear and tear, willful damage, negligence, abnormal working/storage conditions, or third-party alteration/repair attempts without our approval.
- 8.3.2: The total price for the Services or Goods has not been paid in full.
- 8.3.3: The fault stems from third-party manufactured spare parts, where the Buyer will only receive the benefit of the warranty given by that manufacturer to Motortronics.
8.4: Any warranty claim must be notified to us in Writing within 7 days of delivery, or within a reasonable time after discovery of a hidden defect. The suspected faulty unit must be returned to Motortronics for inspection and testing.
8.5: If our internal diagnostics reveal that the returned component is fully operational and free of defects, the warranty claim will be rejected, and the part will only be returned once a testing fee and return shipping costs are paid.
8.6: Where a valid warranty claim is established, Motortronics will, at its sole discretion, either re-perform the repair service free of charge, replace the item, or issue a refund for the price paid. Motortronics shall have no further liability.
8.7: Except in respect of death or personal injury caused by our negligence, Motortronics’s total financial liability under this contract shall in no circumstances exceed the exact price paid by the Buyer for the specific Goods or Services.
8.8: Motortronics shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Motortronics’s obligations if the delay or failure was due to any cause beyond Motortronics’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond Motortronics’s reasonable control:
- 8.8.1 Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition;
- 8.8.2 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes;
- 8.8.3 Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Motortronics or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery.
9. INSOLVENCY OF BUYER
9.1: This clause applies if the Buyer makes any voluntary arrangement with its creditors, becomes bankrupt, becomes subject to an administration order, goes into liquidation, ceases or threatens to cease carrying on business, or if Motortronics reasonably apprehends that any of these events is about to occur.
9.2: If this clause applies, Motortronics shall be entitled to cancel the Contract or suspend any further Services under the Contract without any liability to the Buyer. If the Services have been performed but not paid for, the price shall become immediately due and payable.
9.2: If this clause applies, Motortronics shall be entitled to cancel the Contract or suspend any further Services under the Contract without any liability to the Buyer. If the Services have been performed but not paid for, the price shall become immediately due and payable.
10. EXPORT TERMS
10.1: ‘Incoterms’ means the international rules for the interpretation of trade terms of the International Chamber of Commerce. If there is any conflict between Incoterms provisions and these Conditions, the latter shall prevail.
10.2: Where the Services or Goods are supplied for export, the provisions of this clause 10 shall apply notwithstanding any other provision of these Conditions.
10.3: The Buyer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them.
10.4: Unless otherwise agreed in Writing, the return shipping of the Goods shall be charged directly to the Buyer.
10.5: The Buyer shall be responsible for arranging testing and inspection of the Services at Motortronics’s premises before shipment. Motortronics shall have no liability for any claim in respect of any defect in the Repairs which would be apparent on inspection and which is made after shipment, or in respect of any damage during transit.
10.6: Payment of all amounts due to Motortronics for international sales shall be made by an irrevocable letter of credit or alternative payment framework explicitly agreed upon by Motortronics in Writing before acceptance of the order.
10.2: Where the Services or Goods are supplied for export, the provisions of this clause 10 shall apply notwithstanding any other provision of these Conditions.
10.3: The Buyer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them.
10.4: Unless otherwise agreed in Writing, the return shipping of the Goods shall be charged directly to the Buyer.
10.5: The Buyer shall be responsible for arranging testing and inspection of the Services at Motortronics’s premises before shipment. Motortronics shall have no liability for any claim in respect of any defect in the Repairs which would be apparent on inspection and which is made after shipment, or in respect of any damage during transit.
10.6: Payment of all amounts due to Motortronics for international sales shall be made by an irrevocable letter of credit or alternative payment framework explicitly agreed upon by Motortronics in Writing before acceptance of the order.
11. RIGHT TO CANCEL (CONSUMER CONTRACTS REGULATIONS)
11.1: If the Buyer is purchasing as a private consumer online, they have the right to cancel their order for standard off-the-shelf Goods within 14 days of receiving them for a product refund.
11.2: The 14-day right to cancel does not apply to:
11.2: The 14-day right to cancel does not apply to:
- Goods that have been permanently coded or programmed to a specific vehicle’s VIN chassis number.
- Repair Services that have already been fully performed on a customer’s original unit with their explicit consent.
11.3: The Buyer is responsible for the cost of returning unwanted items, which must be received back in their original, uninstalled condition.
12. GENERAL
12.1: Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing via email or to its registered business office.
12.2: No waiver by Motortronics of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
12.3: If any provision of these Conditions is held by any competent authority to be invalid or unenforceable, the validity of the other provisions shall not be affected.
12.4: The parties acknowledge that it is not their intention that any third party shall be entitled to enforce any term of this agreement. The Contracts (Rights of Third Parties) Act 1999 is explicitly excluded.
12.5: The Contract shall be governed by the laws of England and Wales, and the Buyer agrees to submit to the exclusive jurisdiction of the English courts.
12.2: No waiver by Motortronics of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
12.3: If any provision of these Conditions is held by any competent authority to be invalid or unenforceable, the validity of the other provisions shall not be affected.
12.4: The parties acknowledge that it is not their intention that any third party shall be entitled to enforce any term of this agreement. The Contracts (Rights of Third Parties) Act 1999 is explicitly excluded.
12.5: The Contract shall be governed by the laws of England and Wales, and the Buyer agrees to submit to the exclusive jurisdiction of the English courts.