1.1 Application. The Terms of Trade described within (”The terms”) applies to all trades made with “Quick Release Mounts for Sim Rigs” a.k.a. QR4rigs (”The company”).
2. Contractual Basis
2.1 Contractual Basis. The terms along with offers and order confirmations, forms the combined contractual basis for the Company’s sale and delivery of products, spare parts and related services for the customer (”Contractual basis”). A customer’s purchasing terms are not valid unless confirmed in the contractual basis.
2.2 Changes and additions. Changes and additions to the contractual basis are only valid if agreed to in writing.
3.1 Products. Products sold and delivered by the company, are new unless otherwise stated.
3.2 Limitation of Liability. Products are intended for private entertainment. Products are used at the risk of the customer. Despite of opposing in the contractual basis, the company cannot be responsible for loss or damage as a result of other uses than the one intended by the company. Customers must not hold the company accountable for any damage, injury or loss as a result of unintended use.
3.3 All products are tested for function and fit with their counterparts within the same order or where not applicable, with stock items of the same nature.
4. Pricing and payment
4.1 Pricing. The price for any product is defined in the company’s price guide at the time of the order confirmation, unless otherwise stated in writing. All prices are exclusive of VAT and other taxes that may apply to the offer, due to local legislation within the country of the customers.
4.1.1 Customers are responsible for paying local VAT, import and customs duty, other taxes as well as inbound brokerage charges and keeping up to date with local laws.
4.2 Payment. Payment for most products will be subject to an upfront payment before work on the product starts, once we receive the payment, production will start.
5. Cancellations and refunds
5.1 By ordering a product, customers are entitled to a right of refund of the product cost only if the product is not working and was not restored to working condition by joint efforts of the seller and the buyer. The decision on accepting or not the refund procedure is solely made only by the Company. The Customer cannot get a refund if he just regrets the purchase unless agreed by the Company. Shipping and return shipping costs are the Customer responsibility. When sending the product back, Customers are responsible for the packing of the product to ensure the product’s safety in passage.
5.2 If a refund is requested and accepted the funds will be returned within 20 days.
5.3 If a refund is requested and accepted, it will be issued minus any payment processing fees (2.5% + £0.25) where QR4rigs are not at fault.
5.4 Refunds will only be processed if greater than £5.00 GBP after fees have been deducted.
6.1 Orders. Any order made by a customer must include:
(i) order number
(ii) Part number
(iii) product description
(v) expected pricing
(vi) payment terms.
6.2 Order confirmations. The company aims to send confirmation immediately. Confirmation of any order must be in writing in order to be binding for the company.
6.3 Order anomaly. The company will inspect the order upon receipt. If there is deemed to be an anomaly with the order (e.g. parts that do not fit together, or missing parts for full functionality of the other parts) then the company will communicate this with the customer. If the customer does not respond within 2 buisiness days, the company may choose to either process the order as is or reject the order and issue a refund.
6.4 Conflicting terms. If the order confirmation sent by the company conflicts with the customer’s order or the contractual basis, the customer must inform the company within 2 working days after the order confirmation has been sent, otherwise the terms in the order confirmation are valid.
6.5 Amendments. Orders cannot be amended once accepted and payment has been processed. Any costs incurred as a result of an amendment request will be the responsibility of the customer. Orders may be placed on hold if additional funds are requested due to an amendment where QR4rigs is not at fault, until such time that funds are paid by the customer.
6.6 Combined orders. The customer may request for 2 or more orders to be combined for shipping purposes. If agreed, once the products are packaged and weighed, a partial refund will be issued minus any payment processing fees if the over payment is geater than £5 after deductions. The company may also take the decision to ship larger orders in multiple boxes, or to ship via a different or upgraded, faster service than purchased within the budget of the shipping paid by the customer. The company will advise of any changes during the processing period.
7.1 Delivery terms. The company will deliver any product as described in the DAP Incoterms, meaning that the buyer must take care of customs clearance in the importing country, at buyer’s own risk and expense.
7.2 Delivery time. The company will deliver any product as soon as is possible. The company is entitled to deliver before the arranged time unless otherwise agreed.
7.3 Examination. The customer must examine all products upon delivery. If any error or shortage is found, the customer must without unnecessary delay, contact the company in writing. If this is not done without unnecessary delay, the right to complain will be void.
8. Delays and Timeframes
8.1 Communication. If any delay is expected by the company, it must be informed without unnecessary delay, along with the cause of the delay and a new expected production start date.
8.2 Production time. If a product is not in stock, it will be marked as 'made to order' on the product page itself and at the checkout. The company will endeavor to meet the time frame given at the time the order is placed by the customer to begin to manufacture, assemble and pass through quality control.
8.3 Business day. A business day is defined as Monday to Friday and 08:30hrs - 17:00hrs UK time. If an order is placed after 17:00hrs it is classed as being placed the next business day.
9.1 Warranty. The company must ensure that all products are without errors or shortages in design, material and performance when sent to the Customer.
9.2. No Warranties. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE PARTIES MAKE NO REPRESENTATIONS AND EXTEND NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
9.3 Exceptions. The company’s warranty does not include wearing or any error or shortage due to:
(i) normal wear and tear
(ii) storage, installation, use or maintenance against recommendations from the company
(iii) repairs and changes made by other than the company
(iv) other conditions outside the company’s control.
Some play in the dovetail guides on the Base Mounts QR Plates is unavoidable. It is in the nature of sliding surfaces to have play, otherwise they won’t move. Some components have less at the beginning, but with time play or slack may develop. It is normal to have to make adjustments to the guides position after a small amount of time due to wear-in. Reminder, do not overtighten any screw when making adjustments.
9.4 Communication. If the customer discovers a fault or shortage upon delivery, and if the customer wants to invoke the warranty, the fault or shortage must be communicated in writing to the company. If a fault or shortage is not communicated without unnecessary delay, the claim will be void. The customer must inform of any additional information relevant to the fault or shortage, to the best of their ability and answer additional questions relevant to the fault or shortage.
9.5 Examination. Within reasonable time from receiving written notice of a fault or shortage, the company must examine the case and inform whether it is covered by the warranty. The customer must return defect parts if the company wishes so. The customer bears the expense and risk of returning the parts.
9.6 Rectification. Within reasonable time from the company deciding a fault to be covered by the warranty, as per 9.4, the company must rectify the fault by:
(i) replacing or repairing the defect part
(ii) send new parts to the customer, in order for the customer to exchange the parts, or
(iii) help remotely to repair the fault.
9.7 Annulment. If the company does not rectify a fault covered by the warranty after noticing the customer hereof, for reasons not caused by the customer, the customer is allowed to cancel the order and other orders affected by the fault and get a refund. The customer does not have any additional rights regarding the fault of any order.
9.8 All products are not intended for commercial use, and warranty will not be applicable if used with commercial intentions.
10.1 Responsibility. Every party is responsible for own actions according to governing law, in the UK, but with the limitations stated within the contractual basis.
10.2 Product Responsibility. The company is responsible for delivered products and spare parts according to governing law. The customer must not hold the company liable for anything beyond their product responsibility. The customer is responsible for needed assistance and participation in the product diagnostic and parts replacement.
10.3 Limitation of Responsibility. Regardless of opposing terms in the contractual basis. Within one calendar year, the company cannot be held responsible for a larger amount than 50% of the total invoiced amount to the customer, in the previous year. The limitation is void if the company has acted intentionally or with gross negligence.
10.4 Indirect Losses. Regardless of opposing terms in the contractual basis, the company is not responsible for any indirect losses, including loss of production, sales, earnings, time or goodwill, unless it has been intentional or through gross negligence.
10.5 Force majeure. Regardless of opposing terms in the contractual basis, the company is not responsible for unfulfilled obligations, as a result of force majeure and is applicable for as long as the force majeure consists.
11. Immaterial rights
11.1 Ownership. The full ownership for all immaterial rights regarding any product, spare parts, patent, design, brand, and copyright, belongs to the company.
11.2 Violation. If products or spare parts violates the immaterial rights of any third party, the company must, as own expense:
(i) secure the customers rights to continue using the violating products or spare parts,
(ii) change the violating product or spare parts in accordance with the violation,
(iii) replace the violating products or spare parts with a non-violating replacement, or
(iv) buy back the violating products or spare parts, at the original price, minus 20% previous year since original purchase date.
The customer has no additional rights regarding the violation of third parties’ immaterial rights.
12. Liability Exclusion
QR4RIGS AND ITS PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, INJURIES, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEB SITE OR QR4RIGS HARDWARE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY QR4RIGS OR ANY PROVIDER OR ANY PERSON FOR WHOM QR4RIGS OR ITS PROVIDERS ARE RESPONSIBLE, AND NOTWITHSTANDING THAT QR4RIGS OR ITS PROVIDERS MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.
13. Liability Limitation
IN NO EVENT WILL QR4RIGS OR ANY OF ITS PROVIDERS TOTAL LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONG DOING BY QR4RIGS OR ANY PERSON FOR WHOM QR4RIGS IS RESPONSIBLE, EXCEED £25 (GBP) OR THE AMOUNT YOU PAID TO QR4RIGS FOR THE USE OF THE QR4RIGS HARDWARE WHICHEVER IS LESS.