Terms of Use

General

Unless otherwise expressly agreed in writing by an authorised respresentative of Smith Racecraft, all goods are sold upon the following terms and conditions and no agent or representative of Smith Racecraft has any authority to vary or omit these terms and conditions. Any terms and conditions printed on the buyer’s order forms or in correspondence or elsewhere or implied by trade custom practice or course of dealing are binding only insofar as they are not at variance with these terms and conditions and they have been specifically agreed to in writing by an authorised respresentative of Smith Racecraft and any purported provisions to the contrary are hereby extinguished or excluded.

External links

External links may be provided for your convenience, but they are beyond the control of Smith Racecraft and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.

Warranties

Smith Racecraft makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website.

Smith Racecraft will not be liable for any damage to or deterioration of the goods which may occur after delivery whether the same may occur due to unsuitable storage conditions, inappropriate use, neglect, accident or to any other cause whatsoever.

In the event of any claim being made by the buyer against Smith Racecraft in respect of the goods or any matter arising from or in relation to the contract (including without prejudice to the generality of the foregoing any claim for non delivery of or for any defect in or damage to the goods, or in respect of any breach of any term, condition or warranty relating to the quality or quantity of the goods) the liability of Smith Racecraft to the buyer shall be limited (in respect of each claim) to the invoice value of the goods and under no circumstances shall Smith Racecraft be liable to the buyer whether for loss or profit or for any other direct or consequential loss howsoever arising.

Disclaimer of liability

Smith Racecraft shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither Smith Racecraft nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

THE SITE AND ALL OF ITS CONTENTS ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER DIRECT OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, BREACH, OR FITNESS FOR A PARTICULAR PURPOSE. SMITH RACECRAFT DOES NOT PERMIT, AUTHORIZE, WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS, EXACTNESS, DEPENDABILITY, CONSISTENCY, RELIABILITY OR OTHERWISE. SMITH RACECRAFT DOES NOT WARRANT THAT ANY PART OF THE SITE WILL FUNCTION UNINTERRUPTED OR ERROR-FREE, THAT IMPERFECTIONS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT ACCESSIBLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS, OR THAT COMMUNICATION TO OR FROM THE SITE AND ACCESS TO THE SITE WILL BE CONTINUOUS OR ERROR-FREE. YOU ACCEPT, BY YOUR USE OF THE SITE, THAT YOU ARE AT YOUR SOLE RISK, THAT YOU ACCEPT FULL RESPONSIBILITY FOR ALL COSTS RELATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT SMITH RACECRAFT, ITS AFFILIATED ENTITIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, ATTORNEYS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE NOR RESPOSIBLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE. THESE RESTRICTIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF CRITICAL PURPOSE OR THE PRESENCE OF ANY LIMITED REMEDY. THE PRECEDING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE OMITTED OR LIMITED UNDER APPLICABLE LAW.

Severability

Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

Conflict of terms

If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

Agreement

The Terms of Use and Privacy Policy are subject to change without any notice.

By agreeing to the Terms, Conditions, and Privacy Policy, the acceptor agrees that they have read the above authorization, release, and agreement prior to its execution. You also agree that they you are fully familiar and understand all of its contents.

These Terms of Use serve as the entire understanding and agreement regarding the subject matter of these terms. If any establishment of these terms is found by a court of capable jurisdiction to be invalid or unenforceable, you agree that the court should endeavor to replace the invalid or unenforceable provision with a provision that comes closest to the original intent of the unacceptable or unenforceable provision or will be altered to conform to the most extensive permissible reading allowable under the law dependable with the intention of the unacceptable or unenforceable provision.

 

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