Pro-Seat Global Limited provides fully custom moulded removable seat cushions, bespoke to the driver and vehicle.By making close accurate contact with the body of the driver, the weight of the body is distributed over such a large surface area that the load is spread evenly, reducing pressure points, to offer support and comfort. These seat cushions are not a safety product.
Our products meet all current FIA standards for use in all forms of international motor racing and have been independently tested at MIRA.
These Terms of Sale, together with any quote we send you will form the Contract between us and you (the “Buyer”). By placing an Order for custom moulded seat cushions (the “Goods”) from Pro-Seat Global Limited, you are deemed to be accepting these terms.
These Terms of Sale contain important information, if there is anything you do not understand or accept, please contact Pro-Seat Global Limited at info@proseatglobal.com.
These Conditions may not be varied, except by the written agreement of Pro-Seat Global Limited.
1.1 We shall use reasonable skill to deliver the custom moulded seat cushions (the “Goods”) to you the Buyer, as described in the Order. In the case of multiple drivers all needing seats in one vehicle, we will aim to find the best solution for your drivers, with the base typically designed for the largest driver, and any subsequent drivers will use inserts.
1.2 We shall use all reasonable endeavours to meet any delivery dates agreed when placing the Order.
2.1 The Price shall be as quoted when placing your Order. Any travel expenses required to complete the work are additional, and are charged at cost, therefore if we quote travel expenses these are an estimate only.
2.2 Payment of the Price and VAT shall be due within 30 days of the date of the invoice.
2.3 For new customers we will request a prepayment of 50% of the Order, to be paid ahead of the scheduled work.
2.4 Interest on overdue invoices shall accrue 60 days from the date when payment becomes due,calculated on a daily basis, until the date of payment at the rate of 8% per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgment.
2.5 Risk for Goods shall pass on delivery of the Goods to the Buyer.
2.6 Notwithstanding the passing of risk, the Goods shall remain the property of Pro-Seat Global Limited until the amount due under the invoice has been paid in full.
3.1 We provide a 12-month warranty commencing on the earlier of either the date of delivery of the Goods, or the commencement of the Services (Warranty Period). The Goods and/or Services shall:
3.1.1 conform with their description;
3.1.2 be of satisfactory quality within the meaning of the Sale of Goods Act 1979;
3.1.3 be fit for any purpose held out by Pro-Seat Global Limited; and
3.1.4 be carried out in accordance with the Supply of Goods and Services Act 1982.
4.1 We ask that the Buyer provides 14 days’ notice for cancellation. Buyer cancellation within 14 days may be subject to any travel or carriage expenses already incurred.
4.2 Without limiting its other rights or remedies, Pro-Seat Global Limited may cancel upcoming workwith immediate effect by giving written notice to the Buyer if the Buyer fails to pay any overdue invoices for previous work.
5.1 The Buyer shall be deemed to have accepted the Goods upon proof of delivery, and the Buyer must notify Pro-Seat if they discover that some or all of the goods do not comply with the Warranty above, the Buyer must then return the Goods to Pro-Seat Global Limited for inspection and if it is proven that the Goods did not comply with the Warranty then we shall either repair or replace any Goods that are defective and refund the return postage incurred, or if this isn’t possible we shall refund the price of the defective Goods and the cost of the return postage incurred.
5.2 Pro-Seat Global Limited shall not be liable to replace or refund any Goods if the Buyer or the Buyer’s client doesn’t follow advice given by Pro-Seat Global Limited during the seat fit.
5.3 Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the Order.
6.1 The Buyer shall:
6.1.1 Ensure that the items in the Order and any information it provides are complete and accurate;
6.1.1 Co-operate with Pro-Seat Global Limited in co-ordinating driver availability and in all other matters relating to the production of custom moulded seat cushions (the “Goods”);
6.1.2 Provide Pro-Seat Global Limited, its employees, agents, consultants and subcontractors, with access to the Buyer's premises or racetrack/event as reasonably required;
6.1.3 Provide Pro-Seat Global Limited with such information and materials as we may reasonably require supplying the Goods, and ensure that such information is accurate in all material respects;
6.1.4 Obtain and maintain all necessary licences, passes, accreditation, permissions and consents which may be required for the work before the date on which the work is to start; and
6.1.5 If agreed in advance, keep and maintain materials, equipment and other property of Pro-Seat Global Limited at the Buyer's premises in safe custody.
6.1.6 Upon receiving the seat, accept all responsibility for the seat, including storing and transporting the seat safely and in complying with export or import requirements.
6.2 If Pro-Seat Global Limited are prevented or delayed from delivering the Goods ordered by any act or omission or failure by the Buyer to perform any relevant obligation (Buyer Default):
6.2.1 Pro-Seat Global Limited shall, without limiting our other rights or remedies, have the right to suspend making the Goods until the Buyer remedies the Buyer Default, and to rely on the Buyer Default to relieve it from the performance of any of Pro-Seat Global Limited obligations to the extent the Buyer Default prevents or delays the Pro-Seat Global Limited’s performance of any of its obligations;
6.2.2 Pro-Seat Global Limited shall not be liable for any costs or losses sustained or incurred by the Buyer arising directly or indirectly from the Pro-Seat Global Limited’sfailure or delay to perform any of its obligations as set out in this clause 6.2; and
6.2.3 The Buyer shall reimburse Pro-Seat Global Limited on written demand for any costs or losses sustained or incurred by the Pro-Seat Global Limited arising directly or indirectly from the Buyer Default.
7.1 All Intellectual Property Rights in or arising out of or in connection with the Goods and the production of the Goods shall be owned by Pro-Seat Global Limited.
7.2 All materials are the exclusive property of the Pro-Seat Global Limited.
8.1 Nothing in these Terms shall limit or exclude Pro-Seat Global Limited’s liability for:
8.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
8.1.2 fraud or fraudulent misrepresentation;
8.1.3 any other liability which cannot be limited or excluded by applicable law.
8.2 Subject to clause 8.1:
8.2.1 Pro-Seat Global Limited shall under no circumstances whatever be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
8.2.2 Pro-Seat Global Limited’s total liability to the Buyer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the purchase price of such Goods.
8.3 After the Warranty Period, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
8.4 This clause 8 shall survive termination of the Contract.
9.1 We shall not be liable to the Buyer as a result of any delay or failure to perform its obligations ifsuch delay or failure result from events, circumstances or causes beyond our reasonable control.
9.2 If, due to coronavirus or other pandemic, the Buyer’s requirement for some or all of the Goods is cancelled, delayed or suspended, they may require us to suspend, delay or cancel the provision of Goods, without liability to pay compensation to Pro-Seat Global Limited beyond the cost any work already completed, plus travel or carriage expenses already incurred.
10.1 Notices.
10.1.1 Any notice or other communication given to a party under or in connection with this Contract shall be in writing, addressed to that party at its registered office (if it is a company), and shall be delivered personally or sent by prepaid first-class post or other next working day delivery service, or by commercial courier, fax [or e-mail].
10.1.2 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action
10.2 Waiver. A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default.
10.3 Third parties. A person who is not a party to the Contract shall not have any rights to enforce its terms.
10.4 These Terms of Sale, together with the quote we send you, constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
10.5 Variation. Pro-Seat Global Limited may revise these terms of sale at any time and shall notify the Buyer in any such event.
10.6 Governing law. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
10.7 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).