TERMS AND CONDITIONS OF BUSINESS

IMPACT AJG LTD

1. Definitions and Interpretation

1.1 These Terms and Conditions apply to all sales of goods and services by IMPACT AJG LTD (“we”, “us”, “our”) via this website or otherwise.

1.2 “Customer” means the business entity purchasing goods or services from us.

1.3 “Goods” means any physical products supplied.

1.4 “Software” includes licences, activation codes, subscriptions, digital downloads, updates and renewals.

1.5 “Services” includes any support, configuration, subscription or related services supplied by us.

2. Business Customers Only

2.1 All products supplied by us are professional-grade products intended solely for motor trade and automotive industry use.

2.2 All sales are strictly business-to-business transactions.

2.3 By placing an order, you confirm that:

• You are purchasing in the course of business.

• You are not acting as a consumer.

• You possess the necessary skill, knowledge and competence to use the products safely and correctly.

2.4 Consumer protection legislation, including the Consumer Contracts Regulations, does not apply to any transaction with us.

3. Professional Use and Assumption of Competence

3.1 All products are supplied on the basis that the Customer is suitably qualified and technically competent.

3.2 We assume that you:

• Have selected the correct product for your intended purpose.

• Understand the technical requirements of the product.

• Are capable of installation, configuration and operation.

3.3 No refunds, credits or cancellations will be granted due to:

• Lack of knowledge or training.

• Incorrect product selection.

• Compatibility issues caused by incorrect diagnosis or application.

• User error or improper use.

4. Orders and Acceptance

4.1 An order placed via our website or otherwise constitutes an offer to purchase.

4.2 An order is only accepted when goods are dispatched or Software is issued.

4.3 We reserve the right to refuse or cancel any order at our discretion, including where:

• Goods are unavailable.

• There is a pricing or description error.

• Payment cannot be authorised.

• Fraud is suspected.

5. Pricing and Payment

5.1 All prices are subject to change without notice.

5.2 Prices are exclusive of VAT unless stated otherwise.

5.3 Full payment must be received before dispatch or activation.

6. Software – Strictly Non-Refundable

6.1 All Software purchases are final.

6.2 Once Software has been supplied, issued, activated or made available, it is strictly non-refundable.

6.3 No cancellations, credits or refunds will be given for:

• Incorrect ordering.

• Change of mind.

• Incompatibility.

• Lack of user knowledge.

7. Fluids and Consumables – Non-Refundable

7.1 All fluids, chemicals, additives, oils and consumable products are non-returnable and non-refundable.

7.2 This applies regardless of whether the product has been opened.

8. Returns of Physical Goods

8.1 Returns are accepted only with prior written authorisation.

8.2 Return requests must be made within 14 calendar days of delivery.

8.3 Goods must:

• Be unused.

• Be in original packaging.

• Be in fully resalable condition.

• Not have been activated or registered.

8.4 Approved returns of non-faulty goods are subject to a 15% restocking fee (excluding VAT and delivery).

8.5 Return shipping costs are the Customer’s responsibility unless goods are confirmed faulty.

8.6 We reserve the right to refuse returns that do not meet these conditions.

9. Faulty or Incorrect Goods

9.1 Any claim for faulty or incorrectly supplied goods must be made within 48 hours of delivery.

9.2 We may, at our discretion:

• Repair the goods.

• Replace the goods.

• Issue a refund.

9.3 Goods may be tested or inspected before a claim is approved.

10. Delivery and Risk

10.1 Delivery times are estimates only.

10.2 Risk in the goods passes to the Customer upon delivery.

10.3 We are not liable for courier delays or circumstances beyond our control.

11. Limitation of Liability

11.1 To the maximum extent permitted by law, we shall not be liable for:

• Loss of profit.

• Loss of business.

• Loss of revenue.

• Loss of opportunity.

• Loss of goodwill.

• Indirect or consequential losses.

11.2 Our total liability in respect of any claim shall not exceed the purchase price paid for the relevant goods or services.

11.3 We accept no liability for damage resulting from:

• Incorrect installation.

• Incorrect diagnosis.

• Software misuse.

• Failure to follow manufacturer instructions.

12. Indemnity

The Customer agrees to indemnify and hold harmless IMPACT AJG LTD, its directors, employees and agents from any claims, losses, liabilities or costs arising from misuse of products or breach of these Terms.

13. Force Majeure

We shall not be liable for delay or failure to perform our obligations where such delay or failure results from circumstances beyond our reasonable control.

14. Entire Agreement

These Terms and Conditions, together with our Refund Policy and Privacy Policy, constitute the entire agreement between the parties and supersede all prior agreements or representations.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales.

The parties submit to the exclusive jurisdiction of the courts of England and Wales.

If you want to go one level more protective (which many diagnostic suppliers do), we could also add:

• A retention of title clause (you legally own goods until fully paid)

• A technical support disclaimer

• A “no reliance” clause (very useful in trade supply)