Terms and Conditions of sale, purchase, and supply

Nothing contained in this page affects any of your statutory rights.

Complete Conditions of Sale

1. Definitions

1.1 "Buyer", "you", "(the) customer", "(the) purchaser" means the person or entity who buys or agrees to buy the goods from the seller.

1.2 "Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the seller.

1.3 "Delivery Date" means an approximate date specified by the Seller when the goods are to be delivered. No orders shall be accepted as "Time Is Of The Essences".

1.4 "Goods", "The Part" means the article(s), which the Buyer agrees to buy from the Seller.

1.5 "Price" means the price for the goods including carriage, packing, insurance and VAT.

1.6 "Seller", "we", "us", "Lambdapower", "LambdaPower", "LambdaPOWER", "Lambdapower.co.uk" means Lambdapower.co.uk, trading from the address shown at the foot of this page.

1.7 "This Contract", "terms", "contract", "conditions of sale" means this agreement and all its terms in its entirety.

2. Where these conditions apply: -

2.1 These conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer.

2.2 Placement of an order by telephone, email, official purchase order document, or by completing all stages of the online checkout process shall be deemed conclusive evidence of the buyer's acceptance of these Conditions.

3. The Contract Price and Payment

3.1 Prices shown in the on-line shop are inclusive of VAT and carriage and the total is that in effect at the time of payment. If the price on the online shop turns out to be incorrect, the buyer shall be contacted with an option to adjust the payment price, or cancel the order.

3.2 For industrial and account customers payment shall be according to the credit facilities granted. Pro-forma invoices must be settled prior to despatch of goods. For card and other methods, payment is due before the goods are despatched.

4. Orders

4.1 Retail customers: In the event the (retail) buyer wishes to cancel an order the Seller reserves the right to apply a cancellation charge for special order and specially manufactured items. The rate for all re-stocking deductions is currently 15% of the retail price.

4.2 Industrial customers who have submitted an official purchase order, or any electronic document that operates as a purchase order (eg. email request for goods, website purchase) are not eligible for refunds for specially ordered parts manufactured to order and are not normally eligible for refunds for any other items specially manufactured or not.

4.3 International Customers: Regardless of shipping method, international customers are responsible for any duties or costs charged by their local customs office.

4.4 We reserve the right to cancel customer orders at our discretion, including but not limited to suspected card fraud, or inappropriate or abusive behaviour towards Lambdapower staff. Any refunds resulting will be processed as per normal, as detailed in sections 6.6 and 6.7

5.The Goods

5.1 In good faith we assume the buyer will ensure that the goods purchased are suitable and compatible with their requirements, and the buyer has the relevant expertise to utilise the products for their intended purpose.

5.2 Parts must not be altered or otherwise damaged in order to make them fit. This invalidates any warranty, and as per section 8.3 the part is no longer eligible for credit.

5.3 Goods are supplied on the basis that the Buyer is competent enough to use them safely. Items intended for industrial uses must only be fitted by suitably qualified personnel.

6.Right Of Cancellation for Distance Selling and Refunds thus arising

6.1 This clause applies only to non-face to face contracts where the Buyer is acting as a retail consumer.

6.2 This clause does not apply in the following circumstances: -
a) Where the Buyer is a Business.
b) Where goods are ordered by Distance Selling and then collected from the Seller's premises.
c) Where goods have been used or installed on a vehicle.
d) Where a service has been provided in configuring goods to the Seller's requirements.
e) Where the goods have been manufactured specially to fulfil an industrial (business customer) purchase order.

6.3 Where the consumer wishes to exercise their rights of cancellation, no goods are to be used or installed, and must be returned in a re-sellable condition.

6.4 Notification is to be given as soon as possible if the buyer no longer wants the goods.

6.5 The goods should be returned to our warehouse within a reasonable period. The customer is required by statute to take reasonable care of the goods whilst being returned to us, so they should be securely packaged. The Buyer's carriage charges and any associated costs are not refundable.

6.6 Please be aware that any refund cannot be processed until the payment for the items has cleared. This may take several days depending on the method of payment used. Delays are imposed upon Lambdapower by financial institutions in the course of processing payments using online or telephone payments.

6.7 Once the funds have cleared it may take up to an additional 2 days for the amount to show up on your credit card statement or bank account balance.

7.Warranties, Liability, Intellectual Property Rights

7.1 Where the Buyer is dealing as a consumer (as defined in the Unfair Contracts Term Act 1977 Section 12), the Seller will replace, repair, or refund, (at the Seller's option), any item found to be faulty within twelve months from the original invoice date, provided that the goods are returned to the Seller in accordance with the 'Returns Policy' Clause and the goods have not been misused or damaged.

7.2 A replacement part if supplied does not extend the warranty period.

7.3 Lambdapower is not responsible for supplying an alternative part whilst the suspect part is being inspected/tested/returned/refunded/exchanged/repaired/in transit.

7.4 Lambdapower is not liable for any associated costs in removing and shipping the part if suspected to be faulty, whether the part turns out to be faulty or not.

7.5 Lambdapower is not liable for any associated costs in fitting the part, removing the part (whether or not suspected to be faulty), or any other costs incurred by the customer. This includes labour and transport costs for the sensor, garage bills related to sensor fitment, callout charges, or other peripheral expenditure partaining to the fitment of the part. This also applies in the case of business customers who have bought items for resale, for costs arising related to callout / labour charges / despatch or return / refund processing costs to your end client (if any).

7.6 Terms and Conditions partaining to Intellectual Property (IP) rights:

7.6a Any IP belonging to Lambdapower that is contained within any product manufactured and sold by Lambdapower, has its ownership rights and copyright retained by the same. The customer is granted a non-exclusive right to utilise and benefit from any IP contained within the product, limited within the scope of the original intended use of the product.

7.6b Any IP licensed from external suppliers and re-sold or incorporated into other Lambdapower products have all rights associated with that IP transferred to the customer whilst utilising the product for its intended purpose.

7.6c Utilising the product in this instance does not include reverse engineering or otherwise modifying the product beyond the scope of its original intended use.

7.6d IP rights with respect to unique, bespoke or commissioned designs:

7.6e Assurance is given that the supplier holds all IP and rights in what is a unique, custom product.

7.6f Insofar as a customer may brand a product as their own assigns the joint rights to defend IP in the product where a third party copies, infringes copyright or fraudulently claims any rights in the design or makes unfair comparison.

7.6g No rights in the design itself, manufacturing process or custom elements of the finished product are transferrable or assignable to a Lambdapower customer.

7.6h In the event that another party requests a similar product, no reference will be made to any already supplied branded product. Any new enquiries will be treated as unique projects based on required performance and parameters and it will not be divulged that a similar or identical product is already manufactured for supply to another customer.

8. After Sales Service / Returns Policy

8.1 We will replace any genuinely faulty item for the period of one year from the purchase date. All returns must be first authorised by a Lambdapower staff member before being sent.

8.2 Specifically regarding Oxygen sensors, it should be noted that adverse sensor operating conditions, can dramatically reduce the life of your sensor. This will be evident upon return of the suspect item, and no warranty will be upheld in these situations.

8.3 If a sensor is bought in error or appears to be unsuitable for the intended application, providing it is unused, we will accept return of the sensor and will refund the purchase price of the sensor, subject to a handling fee (if applicable) as per details in Clause 4.1.

8.4 We cannot repair, refurbish, clean or replace used sensors or worn sensors that have come to the end of their useful life for whatever reason, whether the sensors was supplied by us or not.

8.5 Sensors or other parts that have been purchased from us, fitted to a vehicle or other installation, then used and found to not solve the original issue, then removed from and returned to us are not eligible for refund unless the part can be proved to have been faulty at the time of purchase.

8.6 When a customer refund is processed, for whatever reason and whatever amount, by Lambdapower on a transaction that is more than 60 days old, we reserve the right that our credit card processor's handling fee will be deducted from the refund amount.

8.7 We cannot offer after-sales technical support for products purchased elsewhere. Please contact the relevant vendor.

9. Out Of Warranty Repair

9.1 Where a Buyer authorised the Seller to carry out repair work not covered under any warranty, the warranty shall apply only to the parts supplied at this time and not the full equipment or any other part of it.

10. Delivery of Goods

10.1 Delivery of Goods shall be made to the Buyer's address on the Delivery Date. The Buyer shall make all
arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. Lambdapower is not liable for additional costs incurred in collecting the goods from a distribution centre in the event of failed delivery. Each order includes only 1 (one) carriage charge / delivery attempt, whether this charge be included in the item cost, or is charged for separately. Multiple attempts at delivery may become chargeable from the courier to the customer.

10.2 When the goods are despatched via carrier, postal service or parcel company, the time quoted shall be for a nominal service and not guaranteed within a time scale. No refund in full or part shall be offered as a result of late delivery by the
carrier. If you have special delivery requirements you must notify Lambdapower by email or telephone. Every effort is made to ensure goods are delivered quickly.

10.3 International Retail Customers: International customers should reasonably expect an extra delay in receiving their goods, especially when the customer is outside the EU.

10.4 Non-delivery of goods - if goods fail to arrive within a reasonable timeframe, usually quoted as a thirty day period from the date of despatch, Lambdapower should be notified. Lambdapower will endeavour to either locate the parcel or reclaim the costs of the missing goods from the carrier concerned using their compensation procedures.

10.5 Refusal of delivery - if the customer refuses the delivery of any package for any reason including, but not limited to, the customer no longer requiring the part(s), the customer's refusal to settle import tariff / customs charges at the destination port (international customers) resulting in the package being returned by the courier to Lambdapower, any associated costs of re-despatching the package whether to the original address or to an alternative address supplied by the customer will become due.

10.6 No despatch is to be treated as if time is of the essence. Royal Mail premium services and courier premium services are subject to circumstances beyond our control, for example weather conditions, public holidays, industrial action.

10.7 Lambdapower may at its discretion alter the courier service used to fulfil any particular order, for example is the Royal Mail are striking, we may elect to use a courier service instead, even if Royal Mail delivery was asked for.

11. Acceptance of Goods

11.1 The Buyer shall be deemed to have accepted Goods upon delivery to the Buyer.

11.2 The Buyer shall advise Lambdapower within a reasonable timeframe from receipt of the Goods any discrepancies in quantity or specification from the Goods ordered, after which it shall be deemed the goods are as per.

11.3 The Seller will not consider any claims for shortage of delivery or damage in transit unless notice is given to the carrier and Seller within a reasonable timeframe of the receipt of goods. This is very important as our carriers have time limits imposed upon Lambdapower for such claims. If the package looks gravely damaged at delivery, you may sign for any items as 'contents not inspected'.

11.4 The Seller undertakes to deliver Mail Ordered goods to the delivery address, as opposed to an individual.

11.5 We do not offer a car-parts loan service. Any goods correctly supplied in good faith and then used will not be accepted for refund for such reasons as the part not being required anymore, or other system fault being found that renders the purchase of the original part unrequired.

11.6 As soon as the sealed bag is opened, we will deem the parts as used condition.

12. Title and risk

12.1 The Goods shall be at the Buyer's risk as from delivery. Refer to Clause 11.3 for advice on receiving carrier-delivered goods.

12.2 Property in the Goods shall not pass from the Seller to the buyer until payment is received for the Goods in full. For pre-payment (pro-forma) customers (generally industrial customers) the property passes once the pre-payment has been made. This may take several days depending on the method of payment used. We may exercise the option to despatch items whilst the payment is undergoing clearing.

12.3 In the event of fraudulent use of credit card details in such a manner that the legitimate cardholder is unaware, and has not authorised use of the card for purchases made from Lambdapower and parts delivered in good faith by Lambdapower, which results in a financial liability from Lambdapower to the credit card company concerned, all legal and incidental costs arising from attempts by Lambdapower to recover the monies owed by the original customer will become liable to that customer. All cases of fraud are reported to the police authorities and they may decide to prosecute independently of any decision reached by Lambdapower.

13. Privacy Policy Data Protection and Copyright issues

13.1 Lambdapower is committed to protecting the security of customer data. Lambdapower is also committed to protecting the privacy and safety of its staff and subcontractors. No third parties or associated companies including legal entities and law enforcement agencies have or are allowed to have any access to any customer records or staff personal details whatsoever, apart from limited data necessarily given to courier services as set out in clause 13.5

13.2 We store the personal information you provide on secure computer servers with restricted access.

13.3 Financial information collected by Lambdapower during the course of a transaction is held for a limited time, normally 90 days, on our secure servers to facilitate refunds or agreed charges to the customer in the case of returned goods, adjustments, etc.

13.4 In the case of financial information collected for industrial customers or other regulars, these details are securely held in such a way as to prevent the details being used for any other purpose than that authorised by the cardholder.

13.5 Data access exception 1: No access to customer records is permitted to any third party. Limited data is necessarily given to couriers to carry out deliveries. This limited data currently includes customer name, postal address, email address, phone number.

13.6 Data access exception 2: No access to customer records is permitted to any third party. Limited data is necessarily given to our payments processor to approve card payments. This limited data currently includes customer name, postal address, email address, phone number, credit card long number, expiry date, CVV code.

13.7a Cookie policy: A limited number of cookies are stored on your internet device during your visit for the following reasons:

  1. One or more cookies to enable use of Microsoft Windows Server - this is called a session ID and enables the server to recognise you across multiple pages
  2. One cookie to enable use of the online checkout. This is called the transaction ID and enables use of the shopping cart across multiple visits
  3. One cookie to let us know if you clicked on a Google or Bing advert link, to gauge the effectiveness of our promotions.

13.7b If you disable all cookies on your internet device, according to our tests, the site should still function well enough to complete an order.

13.7c European regulations explicitly allow use of essential cookies for site functionality, hence we have no need for annoying cookie opt-in warnings on our site.

13.7d We do not use external tracking services or advert services apart from as mentioned above, and all our website content is served from our own Windows server.

13.8 Externally hosted content / scripting / tracking devices: Lambdapower allows no such scripts on the site and your activities will not be tracked / reported to any third party.

13.9 All trademarks of companies whose logos etc may appear on this website for the purposes of advertising their products belong to those respective companies. Where possible such material has been taken from freely available promotional material.

13.10 All content of this website apart from the special cases discussed in 13.9 is copyright Lambdapower and the company CEO J Field. Any reproduction of any material or storage in any retrieval system including but not limited to vehicle application lists, graphical images, photographic images of product or other items, technical information, reproductions of webpages in whole or in part, Lambdapower product information datasheets or other printed items, is illegal according to the UK Copyright Act 1998 and we reserve the right to charge for unauthorised use of any items mentioned here. If you wish to reproduce any of the items listed please contact us first.

14. Terms of this agreement

14.1 If one of the provisions of these Terms of Contract should be invalid, or become invalid, this shall have no effect upon the validity of the remaining provisions. Rather, the provision concerned shall be superseded by a ruling which is legally permissible and which in its effectiveness is as near as possible to the original provision.

14.2 Owing to data caching by web servers and internet service providers, the version of these terms and conditions as displayed on your internet enabled device may not be completely up-to-date. Please press CTRL+F5 to refresh the page. A complete up-to-date printed copy of these terms and conditions can be supplied on request.

14.3 Our trading address is:LAMBDAPOWER, Unit 22A Baltic Works, Effingham Road, SHEFFIELD, S9 3QA, United Kingdom. CEO: J Field.

14.4 End of Terms and Conditions

E&OE. © Copyright 2003-2024 Lambdapower.co.uk Last updated - 2024-01-05