Terms & Conditions
Terms of Sale
Please read these terms of sale carefully.
You will be asked to expressly agree to these terms of sale before you can place an order for products from our website.
In these terms of sale, “we” means Marsden Technologies Limited (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
(3) Order process
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps:
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
The only language in which we provide these terms of sale is English.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors by confirming the final details at the final stage of the checkout process. You may correct those input errors before placing your order by selecting the back button to correct any errors.
(4) The products
The products offered are as the item description shown on the relevant product page.
(5) Price and payment
Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated when you pay for the product.
In addition to the price of the products, you [will/may] have to pay a delivery charge, which will be as stated when you pay for the product.
Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
(6) Your warranties
You warrant to us that:
(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
(b) the information provided in your order is accurate and complete;
(7) Delivery policy
We will arrange for the products to be delivered to the address for delivery indicated in your order.
We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 10 working days of the date of our order confirmation.
(8) Risk and ownership
Title to the goods remain with us until full payment including all taxes and delivery charges is received.
(9) Consumers: returns policy
This Section applies to consumers, not business customers. If you are a business customer, the applicable returns policy is set out in Section .
You may cancel this contract at any time within 30 days after the day you received the relevant products or products (subject to the limitations set out below).
In order to cancel a contract in this way, you must give to us written notice of cancellation.
[You will not have any such right insofar as a contract relates to: (i) the supply of any products which constitute audio or video recordings or computer software which have been unsealed by you; (ii) the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control; (iii) the supply of newspapers, periodicals or magazines; (iv) the supply of goods made to your specifications or clearly personalised; or (v) the supply of goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.]
You are required to take good care of the goods whilst in your possession and you are liable for the costs in returning the goods to us.
If you cancel a contract on this basis and you do not return the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you.
(10) Consumers: statutory rights
If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by these terms of sale.
(11) Business customers: limitation of warranties
This Section applies only to business customers.
We warrant to business customers that the products purchased from our website will:
(a) conform in all material respects to any applicable specification of such products [published on our website / issued by us]; and
(b) be free from material defects in materials and workmanship for a period of [1 year] from the date of delivery of the products.
(12) Business customers: returns policy
This Section applies to business customers, not consumers. If you are a consumer, the applicable returns policy is set out in Section .
Business to Business orders are not usually returnable unless faulty in which case will be repaired or replaced. Products may only be returned to us with our prior written agreement and approval [at your expense,] and according to our directions. Any products returned in contravention of this Section will not be the subject of any refunds or replacements and you will continue to be liable for payment of the price of such products.
(13) Refunds (Private customers only)
All refunds will be made to the original source as soon as practicable and in any case within 30 days unless conditions not within our control prevent us from doing so. In which case we may use an alternative method to refund any amount paid.
(14) Force majeure
A party is not liable for failure to perform the party's obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service.
If a party asserts Force Majeure as an excuse for failure to perform the party's obligation, then the nonperforming party must prove that the party took reasonable steps to minimize delay or damages caused by foreseeable events, that the party substantially fulfilled all non-excused obligations, and that the other party was timely notified of the likelihood or actual occurrence of an event described in Clause 14 (Force Majeure).
(15) Limitations and exclusions of liability
ALL PRODUCTS ADVERTISED FOR SALE ARE PROFESSIONAL PERFORMANCE PRODUCTS AND ARE NOT DESIGNED TO BE USED ON THE PUBLIC HIGHWAY. AN INCORRECTLY FITTED OR ADJUSTED PRODUCT CAN CAUSE A VEHICLE TO RUN UNSTABLE AND IN SOME CIRCUMSTANCES COULD PRESENT A DANGER. SOME VEHICLES MAY NEED ADDITIONAL UPGRADES IN ORDER TO RUN CORRECTLY. IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST SAVINGS OR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF YOUR USE OR INABILITY TO USE THE PRODUCT OR THE BREACH OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
All performance modules are programmed to order and are supplied to the customer's specifications and details given by the customer. Any module which is supplied incorrectly on the information supplied by the buyer may incur a replacement fee or and a re-shipping fee for which the buyer shall be responsible for.
All performance chips, modules and systems are professional tuning applications and are fitted at the total and complete risk of the buyer and we are not responsible for any damage whatsoever, however caused by the fitting of any of our tuning products or modules. Our tuning systems are professional tuning electronics and the onus is on you to make sure you are correctly fitting the tuning system, that your car is in a good state of mechanical condition, that you are aware of the risks involved with performance tuning and that your vehicle is suitable for our engine modification. We are not responsible for any module which is incorrectly fitted.
We will not be held responsible for incorrectly supplied, fitted, adjusted, set product or any damage real or virtual in relation to such or any vehicle or any part of. Should we supply an incorrect item, we will replace the said item at our cost as soon as practicable and does not release any party from the contract to supply.
Our warranty lies only with the product supplied which shall be replaced or repaired at our discretion for a period of up to 10 years from the date of purchase.
Any product which has been damaged deliberately or accidentally at the fault of the installer or buyer will be excluded from any warranty.
We will not repair or replace any product which we believe has been damaged due to wrong installation, bad workmanship, incorrectly ordered, incorrectly wired, incorrectly set or adjusted, wrongly connected, deliberate or accidental damage, heat damage, any water or moisture damage, friction damage, ultra sonic damage, static discharge, lightening, fire, or any other physical damage.
All performance figures quoted on this website are done so as a guide only and in no way offer a guarantee that the quoted figures will be gained by all vehicles due to the nature of the product and the variables in vehicles condition, maintenance, mileage, their engines, and ECU's and software programs.
No claim will be entertained if a specific vehicle or module fails to deliver the quoted increase figure whether in horsepower, torque or economy. Power increase will also depend on the setting of the module which will be the responsibility of the installer or buyer.
Certain modules may require the removal of components from within the vehicle or the engine to enable the fitting of such equipment. If you are in doubt, please confirm with us before purchasing as we will not be responsible for any costs involved in relation to garage fees paid for the fitting or removal of any of our products.
It is the sole responsibility of the buyer to inform their insurance company and any other agency required by law in their Country or region that their vehicle has been modified and we will not be responsible for any lost or refused claims in the event of non payment due to not informing the insurance company of the modification. Nor will we be responsible for lost claims or any costs in relation to the vehicles warranty, or the warranty being declared void by the warranty issuer/s and the responsibility for which lies entirely and solely with the customer or buyer.
Fitting these systems may affect your manufacturer's warranty and or insurance policy and the onus is on you to check this before you purchase and install such items. Systems will not be accepted for return due to any increase in premium which could have been determined before the purchase of our product.
Transfer between engines is only available at the time of purchase against current engines supported in our store and database. Engines added after purchase may not be compatible with older technology.
(16) Business customers: indemnity
If you are a business customer, you hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these terms of sale.
(17) Contract cancellation
We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if you fail to pay, on time and in full, any amount due to us under the contract, or commit any material breach of your obligations to us under the contract.
If you are a business customer, we may cancel a contract to supply products made under these terms of sale if:
Your account breaches its credit limit or your account is not paid within the terms of the account.
(18) Consequences of cancellation
Upon the cancellation of a contract in accordance with Section :
(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
(19) Scope of these terms of sale
These terms of sale do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.
(20) General terms
The terms of this contract will be governed by the laws and courts of the United Kingdom.