Terms and Conditions
Payment is due from the date of invoice for cash sales.
For account customers, payment of invoices must be made no later than the end of the month succeeding the month in which such invoices have been raised. This provides 30 days of credit. In the event that a customer exceeds these credit terms, the supply of goods/services will be suspended, and the customer’s account terms will be reviewed.
TITLE OF GOODS
It is a condition of sale that all goods supplied by Midland Turbo will remain the property of Midland Turbo until they have been paid for in full. The title of such goods shall not pass to the purchaser until payment is received in full. In the event of the purchaser defaulting on payment for any reason, including bankruptcy or insolvency, the purchaser will authorize Midland Turbo to enter the purchaser’s property where the goods are stored and remove all goods supplied by Midland Turbo up to the value of the debt.
Midland Turbo shall give credit to the purchaser for all goods repossessed.
If a turbocharger is left with us for two months without payment, we reserve the right to scrap the unit without recourse or compensation. We will make attempt(s) to contact the customer before getting to this stage so they can collect the unit from us or pay for us to dispatch it back.
RECONDITIONED EXCHANGE PRODUCT
All old units submitted for exchange must meet the following requirements:
- Must be a complete unit (not in pieces).
- Must be the same part number as the original unit supplied.
- Must not have suffered accidental or deliberate damage.
Midland Turbo reserves the right to reject any old unit that does not meet these requirements.
If old units are not returned at the time of sale, a surcharge shall be applied to the exchange product. The current price list contains the surcharge rates. Old units must be returned within 14 days of the purchase. Midland Turbo reserves the right to surcharge retrospectively or void the warranty should the unit fail to be returned.
The receipt of information from the purchaser and the delivery by the Company of the goods specified in any order does not imply a warranty that the goods will be suitable for the purposes disclosed. The only warranty that the Company makes in connection with the proprietary goods supplied is that Midland Turbo guarantees its reconditioned products against faulty workmanship and components for 24 months.
The warranty agreement is between Midland Turbo and its customer extending to the end user of the initial sale. If the vehicle or engine that the turbo is fitted to is subsequently sold, the warranty does not automatically pass to the new owner. To continue the warranty, the seller must apply to Midland Turbo for consideration to transfer the warranty terms to the new owner.
The warranty is conditional on the vehicle being properly serviced according to the vehicle manufacturers recommendations, including using both the correct grade and type of oil. Failure to do so may void the warranty.
It is important that the failure reason and all underlying issues are resolved before refitting. Midland Turbo cannot be held responsible for failures caused by external factors, such as oil starvation, oil contamination, overspeed, impact damage. These issues may be caused by
Midland Turbo is not obliged to accept returns of goods. Any return of goods beyond 30 days from the date of purchase will be at the discretion of Midland Turbo. In the event that Midland Turbo agrees to accept a return, it will only be accepted if the goods are in the same condition as when they were supplied. Any return will be subject to a restocking fee and any additional costs incurred by Midland Turbo.
Midland Turbo may receive or have access to confidential or proprietary information belonging to its customers. Midland Turbo shall keep such information confidential and shall not disclose such information to any third party without the customer’s prior written consent, except as may be required by law.
LIMITATION OF LIABILITY
Customers are solely responsible for the removal of any additional items attached to the turbocharger prior to sending it in for repair, exchange, or any other service. These additional items include but are not limited to re-circulation valves, pipework, boost control solenoids, exhaust gas temperature sensors, and any other peripherals.
Midland Turbo is not responsible for any loss or damage to these additional items that may occur during the servicing of the turbocharger or during the shipping process. Customers who fail to remove these items do so at their own risk. Midland Turbo shall not be liable for the replacement or cost of such additional items.
If these additional items are left attached to the turbocharger, and any damage occurs during their removal by Midland Turbo personnel, the customer shall not hold Midland Turbo accountable for said damage or for the replacement of these items.
Failure by the customer to remove additional items attached to the turbocharger may result in delays to the service process and may incur additional charges. It is deemed an unfair expectation for customers to anticipate that Midland Turbo take responsibility for these items, especially in cases where the customer has not removed these items for fear of damaging them themselves.
In no event shall the total liability of Midland Turbo for any claims, losses, or damages arising out of any breach of contract, tort (including negligence), or otherwise under these terms and conditions, exceed the purchase price of the specific turbocharger item to which the claim relates.
The limitation of liability under this section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Midland Turbo has been advised of the possibility of such damage. By doing business with Midland Turbo, the customer acknowledges that the limitations of liability in this section are reasonable.
All intellectual property rights in any design, specification, or other work product produced by Midland Turbo in connection with the services provided to the customer shall remain the property of Midland Turbo.
Midland Turbo is committed to protecting the privacy of its customers. Any personal information collected by Midland Turbo will be used only for the purpose of providing products and services to the customer and will not be shared with any third party without the customer’s prior written consent, except as may be required by law.
Midland Turbo shall not be liable for any failure to perform its obligations under these terms and conditions where such failure is due to circumstances beyond its reasonable control, including but not limited to acts of God, war, riot, fire, explosion, flood, strike, lockout, delay in transportation, or shortage of materials.
JURISDICTION AND GOVERNING LAW
These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.