Terms
Retail Terms and Conditions of Sale
By placing an order for purchasing goods or services from Hack Engineering Limited, whether on-line or by telephone or at our facilities (‘Order‘) you (referred to as ‘You’ or the ‘Customer’) will be entering into a legally binding contract the terms and conditions of which are detailed below.
The Order is made between Hack Engineering Limited (company registration number 10922424); whose place of business is at Bridge Farm, Barcombe, East Sussex, BN8 5BX, UK (referred to as ‘Hack Engineering‘ or ‘We’ or ‘Us’) for the supply the ‘Products’ (e.g. goods purchased by You from Hack Engineering including but not limited to through the Hack Engineering Website www.hackengineering.co.uk (‘Our Website’) and for the avoidance of doubt including Products to be fitted by Hack Engineering as part of its Services (e.g. vehicle servicing, vehicle repairs and vehicle modifications by Hack Engineering at its place of business).
1.0 – Purchase of Products on the Hack Engineering Website
1.1 The prices of Products on Our Website are for residents of, and/or individuals, located in the United Kingdom and with delivery in the United Kingdom.
1.2 For international orders, We are not responsible for stamp duties, import duties, taxes or fees charged to You and there may be a reasonable charge for costs incurred in preparing additional paperwork required by your designated country of delivery. These fees and costs are entirely the responsibility of You. You must contact Us by telephone to discuss these charges prior to making your Product purchase.
1.3 Once confirmed your order’s delivery details are considered final. Any errors or omissions that require correction may face additional fees. Any fees charged to Hack Engineering for correction will be passed onto you.
2.0 Our Website
2.1 Products on Our Website may vary slightly from their online pictures. All the images on Our Website are for illustrative purpose only and should not be used in any way by You as a basis for a decision to purchase, or assess the suitability of a Product.
2.2 Every reasonable effort is made by Us to keep as many of the Products offered on Our Website in stock or readily available, with accurate stock information displayed. However, We cannot be responsible for unforeseen lead times or Product shortages and the stock information displayed on Our Website is for guidance only.
2.3 Our Website contains a large number of Products and it is always possible that, despite Our reasonable efforts, some of the Products listed on Our Website are incorrectly priced. Hack verify the prices included in Your purchase as part of its processing procedures so that, where Products are incorrectly priced Hack Engineering may, at its discretion, either contact You for your instructions in relation to your Product purchase or reject your Product purchase and notify you of such rejection.
3.0 Products
3.1 NOT ALL PRODUCTS OFFERED BY HACK ENGINEERING ARE ROAD LEGAL AND/OR MOT COMPLIANT. For example, some are for track use only. It is the responsibility of You at all times to be aware of local road laws and regulations and whether the Product is compliant. You accept that it is not the responsibility of Us to advertise whether Products are necessarily compliant/legal for road use or give advice on such matters. you may not use Products for any illegal purpose.
3.2 All Products purchased from Us are the responsibility of a qualified and experienced fitter, contracted by You, to confirm their suitability and compatibility with the vehicle prior to attempting installation.
3.3 We will not be responsible for issues where Products have not been inspected prior to fitting, and cannot accept a return for any Product that fitting has been attempted with, whether an incorrect part has been ordered or delivered or which has not been inspected and fitted by a qualified and experienced professional fitter or which for any reason do not remain in a new condition.
3.4 We reserve the right at any time to modify or discontinue the availability of Products without notice at any time.
3.5 Please note that metallic Products are generally shipped by Us to customers without corrosion protection. If storing such Products, it is the responsibility of You to ensure that such Products are stored properly to avoid corrosion.
3.6 Products are not sold by Us on a “trial basis”. You must check the suitability and specification of the Product prior to its purchase.
3.7 Products supplied incorrectly to You due to an error on our part should be notified to Us by telephone within two (2) whole working days from their delivery.
3.8. Please note that some Products may carry a separate product warranty from their manufacturer that, in the event of a Product failure, extends to a replacement or refund of the original purchased Product to be obtained from the manufacturer. In such scenario the liability of the manufacturer shall be primary to the liability of Hack Engineering.
4.0 Services
4.1 All Services will be performed by Hack Engineering using all reasonable skill, care and diligence.
4.2 Unless explicitly stated otherwise, the cost of fitting any Products purchased is excluded in the price of Services.
4.3 You will be informed of any additional work identified by Us. Additional work will only be carried out by Us with the agreement of You, save as detailed in 4.4 below.
4.4 We reserve the right to perform additional Services or include such Products to the extent We consider reasonably necessary or prudent without the agreement of You, provided such Services or Products do not exceed five per cent (5%) of the value of the Order.
5.0 Price
5.1 Hack Engineering reserve the right, before the relevant Order is formed in
accordance with these terms and conditions, to change the price of the Products and Services.
5.2 We shall be entitled to adjust the price payable by You to reflect any changes which are made to the rate of VAT, stamp or customs duties or equivalent taxes and duties between the point of purchase and the completion of the Services or delivery of the Products.
5.3 All prices of Hack Engineering are quoted in and payable in United Kingdom Sterling.
7.0 Payment
7.1 For Products ordered using Our Website or by telephone, payment will be taken when You place an Order.
7.2 For Services, payment in full is required on completion of the Services and prior to removal of the vehicle from the premises of Hack Engineering. The vehicle shall however not be the responsibility of Hack Engineering whilst it remains on the property of Hack Engineering due to delay in payment by You or unreasonable delay by You in its collection.
7.3 Please note that, (i) where Services on a vehicle are likely to take more than three (3) working days, or (ii) where parts are to be supplied or (iii) Services include ECU calibration or other additional road testing, We shall be entitled to require a deposit of up to thirty per cent (30%) to be paid by You. In addition, where Services are likely to exceed one month, then Hack Engineering reserves the right to invoice on a monthly pro rata basis.
7.4 We shall be entitled to charge You reasonable storage charges in relation to any abandoned vehicles or vehicles not collected from Hack Engineering for a period of 7 days following completion of Services on that vehicle.
8.0 Ownership of Products
All Products supplied by Us remain the property of Hack Engineering until fully paid for by You, although this retention of ownership will not affect any claim which Hack may have against You for the payment of any overdue amount or any damage to such Products if they have been delivered to You.
9.0 Removal of Parts
With the exception of warranty and service exchange parts, removed parts at our premises will be disposed by Us. Disposal will be in accordance with current environmental regulations and legislative requirements. A fee may be charged by Hack Engineering for this Service.
10 Order cancellations
10.1 We endeavour to ensure that the Products manufactured and sold by Us the high-quality standard that You, as a valued customer, should reasonably expect.
10.2 Order Cancellations are not accepted by Us without special dispensation from Hack Engineering management. If made-to-order components as part of an Order, You accept they will be subject to a minimum 20% cancellation fee payable to Hack Engineering if cancelled prior to delivery or installation.
10.3 Any suggestion of a timescale for delivery of a Product or completion of a Service must be accepted as purely an indication and not a promise, representation or otherwise. An Order cancellation due to timescale is not accepted without special dispensation.
11 Guarantees
11.1 Guarantees are not transferable and only apply to You who made the Order.
11.2 Please ensure you retain your invoice, as proof of purchase is necessary before work can be carried out under the guarantees, together with the invoice of the professional fitter, where a Product has been fitted.
11.3 You must notify Hack Engineering of any guarantee claim as soon as reasonably possible after becoming aware of the fault or issue in question.
11.4 Where a warranty is provided by the manufacturer of the Product, the warranty does not cover incidental or consequential losses, the cost of carriage for the return of the Product to be inspected / repaired / replaced, nor does it cover the cost of testing removal and reinstallation by Us or the carriage for the return of the Product to You.
11.5 If You purchase Products online, You accept that You will be responsible for the organisation of returning the goods to Us or the manufacturer, as applicable.
12 Suspension of Work
If We suspend or delay the supply of any Products and/or the performance of any Services at your request or as a direct result of any breach by You of your obligations under the Order then in addition to the original price payable by You, We reserve the right to charge you a reasonable additional amount to cover any unavoidable, or irrecoverable costs and/or expenses incurred by Us as a direct result of its suspension or delay in those circumstances.
13 Liability
13.1 To the maximum extent permitted by law, We cannot be responsible for any consequential or indirect damages or losses including but not limited to loss of product, loss of earnings, loss of revenue, costs or damages involved with shortages and/or damage to a Product prior to their delivery to You. However, We shall endeavour to resolve any such problem with expediency.
13.2 Subject to 8 above, once any Products have been supplied You will become liable for any loss or damage to those Products save where such loss or damage was caused by Hack Engineering during their fitting by Us and subject to the limitations of liability contained herein.
13.3 The liability of Hack Engineering shall not apply to (i) damages due to misuse by You or a third-party, abuse, negligence or accidents, (ii) to repairs, fittings or alterations performed outside the Hack place of business, (iii) to lack of maintenance on the vehicle or parts thereof (where such maintenance was not expressly part of the Services provided by Hack), (iv) any damage to your vehicle which is caused as a direct result of structural defects or weaknesses.
13.4 We do not accept responsibility for loss or damage (i) which is not caused as a direct result of a breach by Hack Engineering of its obligations under this Order (including liability for any loss of earnings) or which was not reasonably foreseeable on the date of the Order or (ii) to the extent that it is caused as a direct result of You breaching any of your obligations under this Order and/or due to circumstances beyond Hack Engineering’s reasonable control.
13.6 We shall not be responsible for any extended damages caused by Product failures.
13.7 Products lost or damaged in transit are not the responsibility of Hack Engineering and all claims for loss or damage of such Parts must be processed directly with the courier.
13.8. Please note that We shall not be liable for the recovery of the vehicle or the inconvenience caused by the failure of a component fitted by Hack Engineering or following the vehicles service, regardless of whether this was an installation issue or a component failure or a servicing error.
13.9 When vehicles are remapped by Hack Engineering, whether on-site or remotely, no warranty can be offered on the engine components or surrounding items, due to the nature of remapping commonly exceeding manufacturer specifications in the pursuit of performance.
14 Our Responsibility for Death or Personal Injury
None of the limitations on Hack Engineering’s liability set out in this Order will apply to claims for death or personal injury or other damages for which We are responsible (i) under your statutory rights or (ii) which cannot be limited under common law.
15 Allowing Hack the Opportunity to Put Things Right
If You suffer any loss or damage for which We are responsible then You must afford Hack Engineering a reasonable opportunity to remedy the problem and You must take all reasonable steps to minimise or avoid any loss or damage which You may suffer as a result of Hack Engineering’s breach of contract.
We will not be responsible for any loss or damage if You fail to afford Hack Engineering a reasonable opportunity to put it right and/or which could have been avoided or minimised by You taking reasonable steps which You failed to take.
Should any issues be faced with Products fitted by Hack Engineering, please promptly contact Hack Engineering. Hack Engineering can not warrant work/components to Parts that have had attempted repairs by You or other parties.
16 Miscellaneous
16.1 Where a ‘Core Unit Surcharge’ is applied for items such as Beisan Systems
BS023, the surcharge is only refunded by Hack Engineering on receipt of a
serviceable core unit from You. By way of example, in this specific case that
means that the wiring plug cannot be received damaged externally or internally, and the casing must be complete and undamaged. It is at the sole discretion of Hack Engineering as to whether any core unit is considered to be in serviceable condition.
16.2 Where automobile components have been supplied by You to Hack Engineering for installation, Hack Engineering will visually inspect such component, but We do not guarantee that any component supplied by You will meet the specification required in any form or provide any warranty in connection with the performance of such component(s).
17 Force Majeure
We shall not be liable for any delay in or failure of performance of in its obligations if and to the extent such delay or failure is attributable to a Force Majeure Event. A Force Majeure Event shall mean any event or circumstance beyond the reasonable control of Hack Engineering which prevents or impedes the due performance of Hack Engineering, and which by the exercise of its reasonable diligence, We are unable to prevent. By way of illustration a Force Majeure Event can include items such as floods, pandemics, fire, changes in legislation.
18 Collection and Disclosure of Personal Information
Hack Engineering will not disclose any personal information to any third party company except where necessary, for example:-
a) Recording and processing of orders and payments.
b) Credit checking or rating.
c) Fraud Prevention.
d) Control and maintenance of after sales service and warranty. Including dealing with customer complaints.
19 Third Party Rights
Only You and Hack Engineering shall be entitled to enforce this Order. No third party shall be entitled to enforce any of the terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
21 Variations to these Terms & Conditions
Other than in the limited circumstances detailed in these terms and conditions where We may make certain unilateral changes, any variation to these terms and conditions will only be valid if agreed between you and Hack Engineering in writing.
22 Entire Agreement
These Terms and Conditions, together with any documents referred to or incorporated into it constitute the entire agreement between You and Hack Engineering and supersede all prior communications and proposals.
23 Governing Law & Jurisdiction
These terms are governed by English law and You accept that You can only bring legal proceedings in respect of the Products and Services in the English courts.
24 Statutory Rights
These terms and conditions do not affect Your statutory rights.
