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1. Definitions

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1. In these terms and conditions, the following definitions shall apply:

• "API" means Assured Performance International Ireland Limited;

• "Unit" means a complete component assembly ready to be fitted to an engine/vehicle;

• "Old unit" means a used unit removed from an engine/vehicle;

• "Person" means a person whether natural or legal; The masculine includes the feminine.

 

2. Payment

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1. In the case of cash sales payment becomes due upon the date of the invoice. The customer shall be liable to pay interest on any payment that is overdue at the base rate for the time being of Allied Irish Bank plus 2 per cent.

 

3. Returns

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1. No goods can be returned without prior notification.

   The following handling charges will apply:

•     0-14 days from purchase: 0%

•     15-28 days from purchase: 10%

•     29-90 days from purchase: 15%

 

1. Parts purchased over 90 days may not be returned for credit.

2. Goods that have been fitted to the vehicle/ engine may not be returned under any circumstances.

3. Goods that have been disassembled, partially or otherwise may not be returned.

4. Goods that have physical damage due to transit or that have been modified buy the customer/ end user may not be returned.

5. Goods that have been made or modified by API or their suppliers, that are special order, or designated ‘MTO’ (Made To Order), on the description line of the Invoice, are strictly non-returnable.

 

4. Credit Account

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1. Where it is agreed that a customer shall be allowed credit for a particular order API will raise an invoice for goods supplied pursuant to that order. The customer shall pay the whole sum due under the invoice not later that the last day of the calendar month immediately following the calendar month during which the invoice is raised or 363 days after the date of this agreement whichever is the earlier. The customer shall be liable to pay interest on any payment that is overdue at the base rate for the time being of Allied Irish Bank plus 2 per cent.

 

5. Exchange product

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•  API will not accept old units for exchange unless they meet the following specifications:

1. The unit must be complete and not dismantled in any way;

2. The unit must not be heavily corroded;

3. In the case of Turbochargers the unit must not have a fractured turbine shaft;

4. The unit must not have suffered accidental or deliberate damage.

5. Electronic modules/ components must be attached and not have been dismantled/ altered/ adapted in any way

 

6. Surcharge

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1. Where it is agreed at the time of sale that an old unit will form part of the consideration provided by the customer and the old unit is not provided by the customer to API at the time of sale a surcharge shall be payable by the customer. The amount of such surcharge appears on APl's current price list or on the individual Invoice. Such surcharge shall be refunded by API to the customer provided that the old unit which it is agreed will form part of the consideration is provided by the customer to API within 3 months of the sale and provided that such old unit meets the specifications in clause 4 of these Terms and Conditions at the time it is so provided. Old units must be returned fully assembled, and in an ‘off engine’ condition. Partial or disassembled units are not valid for surcharge refund/ exchange.

 

7. Guarantee

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• In the event of products supplied by API for use in vehicles as listed in APl's Product Catalogue or APl's Exchange Product Catalogue, or any other products to which this guarantee applies, proving defective during the period of guarantee owing to faulty material or workmanship, API shall at its option either supply replacement product or repair such defective products free of charge ("standard guarantee").

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• The period of guarantee is 12 months from the date of delivery of the product to the customer save where the product is sold to the customer through APl's agent in which case the period of guarantee is 12 months from the date of the agent's invoice to the customer.

 

• The guarantee is between API and APl's customer extending to the first end-user of the initial sale ("first end­ user").In the event that the first end-user sells the vehicle or engine to which the component provided by API is fitted the benefit of the unexpired part this guarantee does not automatically pass to the new owner.

 

• In order to transfer the benefit of the unexpired part of this guarantee to the new owner the first end-user must apply in writing to API providing the name and address of the new owner and API may then at its discretion extend the benefit of the unexpired part of this guarantee to that new owner.

 

• API shall not be liable under the standard guarantee if the vehicle to which APl's product is fitted is not properly serviced in accordance with the vehicle manufacturer's recommendations. API may at its discretion request proof of correct servicing procedures and intervals in accordance with vehicle manufacturer specifications.

 

• API shall not be liable under the standard guarantee if the component supplied by them and/or the engine or the vehicle to which it is fitted is/are modified to increase power output.

 

• In respect of product to which the special guarantee applies only one claim per component supplied by API may be made under that guarantee. Once a claim has been made under the special guarantee and API has honored its obligation under that guarantee the product to which that guarantee applied shall cease to be subject to the special guarantee but shall be subject to the standard guarantee and any conditions exclusions and limitations which relate to the standard guarantee for any unexpired portion of the period of guarantee.

 

• Without prejudice to any of the terms set out in clauses 7.1 to 7.9, in the event that a person who would otherwise have been entitled to the benefit of the special guarantee seeks to make a claim against API which relates  in any way to a product which would have been subject to that guarantee for any indirect or consequential loss suffered or alleged to have been suffered by him howsoever arising, he shall not be entitled to the benefit of the special guarantee and the product which would otherwise have been subject to the special guarantee shall be subject only to the  standard guarantee and any conditions exclusions and limitations which relate to the standard guarantee.

 

• Neither the standard nor the special guarantee applies to turbochargers or components which are used for any form of racing or motorsports.

 

 

8. Limitation of Liability

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• As expressly provided herein all representations, conditions, warranties and terms whether express or implied by common law, statute or otherwise, as to quality, condition or fitness for any purpose of the goods supplied by API are excluded.

 

• The receipt of information from the customer and the delivery by API of the goods specified in any order does not in any way imply a term that the goods will be suitable for the purposes disclosed.

 

• In no event shall API be liable for any direct or indirect or consequential or other loss or damage of any kind, whether arising out of the contract of sale or  the manufacture or fitting or use of goods supplied by them, or howsoever caused, nor for any diminution in the value of other property or components howsoever arising consequent upon or resulting from the use of APl's products.

 

• Without prejudice to any of the foregoing, the liability of API whether arising in contract or in negligence or otherwise shall not in any event include damages for the cost of labour in removing and refitting any component.

 

• Without prejudice to any of the foregoing, the liability of API whether arising in contract or in negligence or otherwise shall not in any event include damages for loss of use or travel expenses.

 

• Without prejudice to any of the foregoing, the liability of API whether arising in contract or in negligence or otherwise shall not in any event include damages for loss of profit.

 

• Without prejudice to any of the foregoing, the liability of API on any claim for loss or liability arising out of or connected with any order, or manufacture, sale, delivery, resale or use of any goods covered by any such order (including loss or liability arising from breach of contract and/or negligence) shall in no case exceed the unit price of such goods or parts thereof involved in the claim.

 

• Without prejudice to any of the foregoing, API shall not be liable for personal injury or for damage caused to an engine or vehicle by a failed component where such component has been used for any form of racing or motorsports.

 

• None of the above exclusions or restrictions of APl's liability shall apply to any claim for death or personal injury resulting from their negligence.

 

• Without prejudice to any of the foregoing, API shall not be liable for damages occurring to a component, engine or vehicle in the event the customer has fitted an incorrectly supplied / identified part to their vehicle. It is ultimately the responsibility of the mechanic / fitter to ensure the component being replaced is a like for like replacement. The customer / fitter is under no circumstances permitted to modify or adjust in anyway the unit as received by API without prior written consent. Any modifications ‘after the event of sale’ invalidates the warranty term.

 

 

 

9. Conditions for warranty returns

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• API offers a 12 month warranty on all components. Warranty will not be given on any product that has been harshly treated or improperly serviced. API may at its discretion request proof of correct servicing procedures and intervals in accordance with vehicle manufacturer specifications. In order to qualify for a warranty claim the old unit:

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• Must be returned in an 'off engine/vehicle condition',i.e. the unit must not be disassembled in any way, and have all external accessories attached including wastegate actuators if fitted.

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• Must not be washed down or cleaned in any way.

 

• Must not have been fitted to an application that does not match the component manufacturer's recommendations

 

• Must not have been fitted to an engine/vehicle that has been modified to increase power output.

 

• Must not have been deliberately damaged or modified to fit in any way.

 

• Cost of the carriage of the old/failed unit to API is the responsibility of the customer.

 

• Warranty will not be given on any unit that has failed due to external contaminants.

 

• Warranty will not be given on any unit that has failed due to the incorrect grade of oil used in the engine.

 

• Warranty will not be given on any unit where negligence of the mechanic/fitter is deemed to be the cause of component failure.

 

• Where the warranty claim relates to an ‘electrical’ fault, diagnostic information must be supplied with the returned unit. Failure to return physical vehicle diagnostic information will result in warranty being rejected.

 

• Where a warranty may be rejected, the customer will be provided with a report detailing the failure mode. The physical component/ parts will be returned to the customer upon request. The part/ components will be returned in a disassembled condition as they will be no longer fit for use on a vehicle/ engine.

 

• All warranty units/ components/ parts are held for 1 month after the date of the warranty report. After 1 month the warranty components/ parts will be destroyed if no written instruction to the contrary is received by APi within this 1 month period.

 

• All warranty inspections are completed by either API / APIs approved suppliers or the Original Manufacturer, dependent on the relevant approved warranty station. Warranty reports may take up to 3 months to fully complete.