TERMS & CONDITIONS
TERMS AND EXCLUSIONS OF LIABILITY DURING ENGINE TESTING AND/OR CALIBRATION
– Trackday Performance and its Agents and Servants, is described hereafter as TDP.
– Owner includes the owner nominated Agents, Customer or Corporation.
– Testing includes tuning, fitting, development and the supply of parts and equipment.
- TDP accept that the owner warranties that any engine and/or vehicle accepted for testing is in a suitable condition for any loads, speed or temperatures that would be imposed, or may arise during such testing, and that all parts used in the engine vehicle construction are suitable for any severe duty that will be imposed on the engine or vehicle during testing. Such testing normally imposes loads greatly exceeding manufacturer design specifications.
- The owner or their nominated agent is required to either view and control such testing or supply written instructions detailing any conditions or restrictions that may wish to be imposed during such testing. If no instructions are given, the owner/agent agrees expressly by implication and default, that TDP will carry out any testing at their sole discretion.
- TDP will not be responsible for any damage, no matter how so arising, which may occur during testing or fitting of the engine or vehicle, or any direct or consequential cost or costs as a result of such testing or fitting. RE: ALL RISKS ARE EXCLUSIVELY THAT OF THE OWNER.
- TDP DO NOT carry any liability insurance covering any customer property, engines, vehicles, or parts for any risks at all. TDP therefore are under no duty or responsibility of any sort whatever and whenever in contract or the tort or otherwise for any loss including theft, burglary, damage, harm or reduction in value that happens to the customer’s property however that occurs. IF YOU WANT THESE RISKS COVERED YOU MUST ARRANGE INSURANCE YOURSELF AT YOUR EXPENSE.
- TDP reserve the right to withhold the customer’s property until payment in full for work carried out and parts supplied has been made. All on site testing including waiting time and traveling time is chargeable at 100 Euro per hour.
- The above terms and exclusions of liability only apply to the extent not prohibited or made void by law and subject to that they are the sole basis on which TDP are willing to take on work or other responsibilities.
- The owner releases TDP and its employees and agents from any and all liability.
The Governing Law of the contract between TDP and the owner is the Law of the Republic of Ireland.
ON-LINE / WEBSITE TERMS AND EXCLUSIONS OF LIABILITY
The information on TDP websites is provided “as is” and without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of merchantability, fitness for any particular purpose, or non-infringement of third party rights. While the information provided is believed to be accurate, it may include errors or inaccuracies. In no event shall TDP be liable to any person for any special, indirect or consequential damages relating to this material, unless caused by gross negligence or intentional misconduct.
We give no warranty and make no representation, express or implied, as to:
the adequacy or appropriateness of Goods or Advice for your purpose;
the truth of any Content on Our Website published by someone other than us;
any implied warranty or condition as to merchantability or fitness of Goods for a purpose other than that for which the Goods are commonly used;
compatibility of Our Website with your equipment, software or telecommunications connection.
Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods, or receipt of Advice.
TDP PARTS ARE SOLD WITHOUT ANY EXPRESSED WARRANTY
- Due to the nature of the motorsport application TDP is not responsible for any particular,
accidental or consequential damage due to loss of profits, cost of purchased or replaced
goods, claims from end users, which may result from the selling, installation or use of TDP
- TDP is also not responsible for any loss or damage caused by an improper assembly of
- TDP reserves the right to make product improvements/changes without notice and without
incurring liability with respect to similar products previously manufactured.
4. Due to the nature of the application TDP race engines are excluded from all warranties.
The owner is responsible for any particular, accidental or consequential loss or damage
which may result due to use, misuse, maintenance, storage, transport or modification of
our engines once purchased or re-sold. TDP accepts no responsibility for complaints of
damage to customer vehicles and/or property once the vehicle/customer has left the
- All works carried out on your behalf must be paid for on or before collection. If paid by
cheque the cheque must be cleared before collection. If paid by card the cardholder must
be present to enter their PIN. Any goods supplied by TDP remain the property of TDP until
paid for in full.
- All potential warranty claims must be notified immediately and returned to TDP for
diagnosis. No dismantling is allowed by third parties unless authorised by TDP. To do this
invalidates any potential claim against TDP.
- Recommendations made by TDP as to the specification of ugrades or modifications are
made to the best of our experience, but no guarantee is made that the performance of the
said modifications will be to the level required.
- All goods returned that have been correctly supplied will be subjec to a 15% handling
charge. Non-faulty goods can only be returned if they are unused and are in a saleable
condition with packaging un-damaged.
- Whilst every effort will be made to conform to agreed schedules, completion dates cannot
- In any event, including the event that any term or condition or obligation on our part
(Implied Term) is implied into these conditions by law, then our liability is limited to the
maximum extent permitted by law, to the value of the goods or services you have
THIS IS A LEGAL DOCUMENT
Last updated 01/03/2013