Ultimate Sports Engineering Ltd  – Terms and Conditions of Sale

1. Definitions

1.1          “Goods” means the products manufactured and sold by Ultimate Sports Engineering Ltd.
1.2          “Seller” means Ultimate Sports Engineering Ltd.
1.3          “Buyer” means the person or company purchasing Goods from the Seller.
1.4          “Conditions” means these Terms and Conditions of Sale.
1.5          “Consumer” has the meaning given in the Consumer Rights Act 2015.

2. General Conditions

2.1          These Conditions do not affect statutory rights of Consumers.
2.2          All contracts of sale are subject to these Conditions, which take priority over any other documents or communications from the Buyer.
2.3          Any amendments to these Conditions must be agreed in writing by the Seller.
2.4          Acceptance of delivery of Goods constitutes acceptance of these Conditions by the Buyer.

3. Formation of Contract

3.1 Order Acknowledgement

• Any order acknowledgement is not a contract and does not constitute acceptance by the Seller. It is a record of the Buyer’s offer to purchase at a particular price.
• The Buyer is deemed to accept these Conditions upon placing an order.
• The Seller reserves the right to accept, refuse, or limit any order for reasons including credit checks, stock availability, or pricing errors.

3.2 Binding Contract

• A contract is formed only when the order is processed, and an invoice is issued.
• These Conditions apply to all invoices dated after 16th October 2024.
• Conflicting Buyer terms are only binding if accepted in writing by the Seller.

4. Prices and Payment

4.1          Prices are as per the Seller’s current price list or website, unless otherwise agreed in writing.
4.2          If a product’s price changes before dispatch, the Buyer may cancel the order for a full    refund.
4.3          Prices exclude VAT, packing, postage, and carriage charges.
4.4          The invoice will show the total purchase price including VAT and delivery.
4.5          Consumers must pay in full before dispatch.
4.6          Business Buyers must pay on agreed credit terms, no longer than 30 days from the invoice date. Time for payment is of the essence. Non-payment allows the Seller to delay delivery or treat the contract as repudiated.
4.7          If insolvency proceedings are commenced against the Buyer, all outstanding sums become immediately due.

5. Interest on Overdue Invoices

5.1          Interest will accrue on overdue invoices in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 at 6% per annum.

6. Warranty and Liability

6.1          The Seller warrants that Goods will match their description at the time of delivery.

6.2          Except for Consumers, all other warranties (fitness for purpose, merchantability, etc.) are excluded. Buyers accept responsibility for ensuring suitability of Goods.

6.3          The Seller is not liable for losses or damages caused by misuse, improper installation, or external events.

6.4          Product specifications may change due to manufacturer updates. The Seller is not liable for minor specification differences.

6.5 Warranty Conditional Upon Payment

6.5.1      The Seller’s warranty is provided on the condition that the Buyer’s account is fully paid and up to date.
6.5.2      The Seller reserves the right to withhold or suspend any warranty service, repair, or replacement while any invoice relating to the Goods remains unpaid or overdue.
6.5.3      The warranty period shall continue to run during any such suspension, and any remaining entitlement shall resume once full payment has been received.
6.5.4      For the avoidance of doubt, the Seller’s warranty forms part of the overall sales contract for the Goods, and no warranty claim shall be enforceable while the Buyer is in breach of its payment obligations.

7. Delivery

7.1          Delivery dates are estimates. If a specific date cannot be met, the Buyer may agree on a revised date.
7.2          Orders may be cancelled or amended if delivery is estimated more than one month from order date, with notice in writing at least one month prior. Late cancellations incur a 25% restocking fee unless the Goods are faulty.
7.3          The Seller is not liable for losses due to delayed delivery.
7.4          Delivery is to the Buyer’s address; the Buyer must arrange to accept delivery.

8. Ownership and Risk

8.1          Ownership remains with the Seller until full payment of all sums due.
8.2          Risk passes to the Buyer on delivery.
8.3          Goods may be resold in the ordinary course of business, provided proceeds are held in trust for the Seller.
8.4          The Seller may recover Goods from the Buyer’s premises in case of default or risk to the Goods, subject to legal compliance.
8.5          The Buyer must notify the Seller of any third-party claims affecting the Goods.

9. Cancellation and Returns

9.1          Returns agreed by the Seller:

• Buyer is responsible for damage caused during return.
• Restocking fee of 25% applies for returns of non-faulty Goods.
• No restocking fee for faulty Goods.

9.2          Consumers may cancel within 7 working days of receipt. Buyer pays return costs and should insure Goods in transit.

10. Restriction on Online Sales

10.1       Buyers shall not sell Goods on restricted platforms (Amazon, eBay, etc.) unless approved by the Seller.
10.2       Breach of this clause is a material breach, allowing the Seller to cease supply.

11. Force Majeure

The Seller is not liable for failure to perform due to causes beyond its control (e.g., Acts of God, war, strikes, flood, third-party failures).

12. No Waiver

Failure to enforce any provision does not waive the Seller’s rights.

13. Limitation of Liability

Except for Consumers:

• Remedies are limited to direct damages not exceeding the price of Goods.
• Seller is not liable for indirect, incidental, or consequential losses.

14. Complaints

Complaints should be reported immediately by calling  +44 1798 839300 or email : info@use.group

 The Seller aims to resolve complaints within 5 working days.

15. Miscellaneous

15.1       These Conditions are governed by English law.
15.2       If any part is invalid, remaining terms remain enforceable.
15.3       Jurisdiction lies with the courts of England and Wales.

Questions about the Terms of Service should be sent to us at info@use.group.