Terms of Sale – Aftermarket & Second Hand Parts

 SVS SECOND-HAND & AFTERMARKET PART

TERMS OF SALE

These terms of sale apply to all parts purchased from SVS which are not supplied via an OEM manufacturer. For example, if you buy a set of Gaz shock absorbers, the warranty provided to you is Gaz’ own, whereas if you buy a set of parts we have manufactured or a second-hand part, the warranty is provided by SVS.

Under the General Product Safety Regulations 2005, we are obliged to make the following notice to you before you install and use any part. Failure to read or understand this warranty does not exempt the customer from being liable under these terms which are a condition of sale and by buying from SVS, you agree that you are buying under these terms.

Some products may be defined as a “dangerous product” by the GPSR in that failure of this product could cause an accident or fatal injury.

We, or the supplier of any product for whom we are a dealer, have made every effort to ensure that products are made to be as safe as possible, using the latest and safest materials. Products have undergone safety testing*, product testing and manual inspection to ensure they comply with the GPSR.

However if the part is being supplied to a non-accredited mechanic or consumer for fitment, we can accept no liability for incorrect or unsafe fitment of any product. In particular, “on the drive” consumer fitment should be considered carefully as it will invalidate the SVS warranty and that of many manufacturers. A receipt for accredited fitment will be required in the case of any claims.

SVS products whether our own, or resold products, when used in dangerous applications such as suspension, braking or other applications, are warrantied to be free from defects in material and workmanship under normal use and service for a period of one (1) years from the date of sale to the original purchaser. In some cases we may provide a longer, or lifetime, warranty. Any warranty over the statutory 1 year is limited to the original purchaser only and cannot transfer with a vehicle sale, as we cannot determine the reasons for such a sale unless conducted through us. Obligation under this warranty is limited to product replacement but not the reinstallation of the replacement product or other incidental costs. The manufacturer may provide a greater warranty term but if they do not, you are protected by our own warranty.

This warranty does not cover any product that has been subject to misuse, neglect, alteration, accident or improper installation. Normal wear shall not be considered a defect under this warranty. All warranty adjustments are limited to replacement or credit of returned merchandise if unused.

Products are designed to be used under normal conditions i.e. safe driving within the speed limit. They are not intended to be used for unsafe or illegal driving, road or track racing. Usage of any product in an unsafe way can cause stresses to the materials, which can lead to failure under normal use at an unexpected future time.

The buyer agrees to indemnify and hold SVS harmless from any claim, action or demand arising out of incident to the buyer in using any product under any circumstances.

When installing any product, proper care and attention should be used, including but not limited to:

  • Use of new and correctly load-rated bolts, washers and nuts, including locknuts.
  • Correct torqueing of all bolts and fitments in installation.
  • Ensuring the product is installed without dropping, knocking, bending, causing impact to, forcing or otherwise harming the product.
  • Use of the product only for the manner in, and on the vehicle for which it is intended.
  • Use of appropriate specification fluids, lubricants and threadlock where appropriate.
  • If the product is used, with or without your consent, in an unsafe way such as racing, speed starting (“launching”), off-roading, or any other forms of motorsport, or is involved in an accident, this will invalidate any warranty. In the case of known or suspected unsafe use, you should immediately remove the product from use and seek a replacement.

*Safety testing does not include full crash and race testing, for obvious reasons. We provide certain products as replacements for out-of-stock and unavailable parts. To provide such products at reasonable cost to the consumer it is not possible to submit them for British Standard safety testing which would increase the cost of the part beyond any reasonable value for short production runs. In such cases we are unable to produce parts within a reasonable cost and timescale, without supplying these parts under a second-hand product license, even if the part is supplied as an uprated version. Generally the quality of such parts will be higher, and the tolerances safer, than a second-hand or OEM old stock part; however nonetheless we are obliged by law to provide these under our second-hand product license.

SECOND HAND PRODUCT LICENSE

If your part is remanufactured as per the above, or is removed from a vehicle and supplied to you for re-use, then the part is supplied on the understanding that it is required by the customer under these circumstances due to non-availability and the customer accepts all risk and liability involved in using a second-hand part on their vehicle.

Second-hand parts can fail at any time. It is impossible to establish their usage history. You should consider carefully whether the risks of using a second hand part, or a part supplied under a second hand product license, are outweighed by the benefits.

In many cases your parts can be tested as part of an MOT – you can MOT your vehicle at any time and so it is suggested that you obtain an MOT certificate after installing these parts.

In other cases the vehicle may be old enough not to require an MOT i.e. manufactured before 1960.

In any such cases, use of these parts is entirely at the customers’ risk and no liability can be accepted by SVS for any failure in use or costs incurred thereon. If you have any concerns about using any aftermarket product, you should obtain independent advice before installation. This decision should be considered before purchasing and a change of heart shall not be considered adequate reason for return of a product.