Terms and Conditions of Sale

These Terms and Conditions apply to all sales made through
wormgearmotorsonline.com, which is operated by Drive Outlet Megastore Limited,
a company registered in England & Wales.

The customer’s attention is drawn in particular to the provisions of clauses 5.4, 7.2 and 8.


1. INTERPRETATION

1.1 Definitions

  • Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
  • Carrier: any third-party engaged by the Supplier to deliver Goods.
  • Conditions: these terms and conditions as amended from time to time.
  • Contract: the agreement between the Supplier and Customer for the sale of Goods under these Conditions.
  • Customer: the purchaser of Goods from the Supplier.
  • Damage: Goods not received in usable condition due to transit damage.
  • Force Majeure Event: see clause 9.
  • Goods: the products supplied by the Supplier as specified in the Order.
  • Loss: Goods lost in transit and not recoverable.
  • Order: the Customer’s order placed via the Supplier’s website, email, or other accepted method.
  • Specification: the technical specification of Goods as issued by the OEM or confirmed in writing by the Supplier.
  • Supplier: Drive Outlet Megastore Limited, a company registered in England and Wales with company number 16376324 whose registered office is at swan buildings, 20 swan street, Manchester, M4 5JW, United Kingdom.

1.2 Construction
(a) References to persons include natural persons, companies, and other entities.
(b) References to statutes include amendments and re-enactments.
(c) “Including” means “without limitation.”
(d) “Writing” includes email.


2. BASIS OF CONTRACT

2.1 These Conditions govern all sales and override any Customer terms.
2.2 Each Order constitutes an offer by the Customer to purchase Goods.
2.3 The Contract is formed only upon written acceptance by the Supplier.
2.4 The Contract represents the entire agreement between parties.
2.5 Any product information, datasheets, or brochures are for guidance only and do not form part of the Contract.
2.6 Quotations are valid for 14 Business Days unless otherwise stated.


3. GOODS

3.1 All Goods are sourced directly from the original equipment manufacturers (OEMs).
3.2 Goods are supplied subject to OEM specifications and warranties.
3.3 Supplier may amend specifications to comply with legal or regulatory requirements.
3.4 Customer is responsible for ensuring the Goods are suitable for their intended application.


4. DELIVERY

4.1 Supplier will provide a delivery note with each shipment.
4.2 Claims for Loss must be made within 14 days of dispatch; claims for Damage must be made within 3 days of delivery.
4.3 Delivery is complete when Goods arrive at the Customer’s specified location.
4.4 Delivery dates are estimates only; time is not of the essence.
4.5 Risk passes to Customer at delivery.
4.6 If Customer fails to accept delivery within 3 Business Days, storage and insurance charges may apply.
4.7 After 10 Business Days, Supplier may resell Goods and recover costs.
4.8 Supplier may deliver in instalments.


5. QUALITY & WARRANTY

5.1 Supplier warrants that on delivery, Goods will:

  • be free from material defects;
  • be of satisfactory quality;
  • conform to OEM specifications.

5.2 Warranty claims must be notified promptly in writing and may require return of Goods.
5.3 Warranty does not apply if:

  • Goods are misused, incorrectly installed, or altered;
  • Defect arises from fair wear and tear or abnormal conditions.
    5.4 OEM warranty terms apply where provided.
    5.5 Supplier may charge inspection fees if Goods are found not defective.

6. TITLE AND RISK

6.1 Risk passes to Customer upon delivery.
6.2 Title remains with Supplier until full payment is received.
6.3 Until payment is made, Customer must store Goods separately and keep them insured.


7. PRICE & PAYMENT

7.1 Prices are as stated in the Order.
7.2 Supplier reserves the right to adjust prices before delivery to reflect changes in OEM costs, duties, exchange rates, or shipping.
7.3 Prices exclude delivery and insurance unless otherwise stated.
7.3.5 Prices shown are inclusive of VAT. We are not VAT registered, therefore VAT cannot be reclaimed.
7.4 Full payment is required before dispatch.
7.5 Payments must be made in full without set-off or deduction.


8. LIMITATION OF LIABILITY

8.1 Nothing in these Conditions limits liability for:

  • death or personal injury caused by negligence;
  • fraud or fraudulent misrepresentation;
  • statutory rights under the Sale of Goods Act 1979.

8.2 Subject to the above:

  • Supplier is not liable for indirect or consequential losses;
  • Total liability is capped at 110% of the price paid for the Goods.

9. FORCE MAJEURE

Supplier is not liable for delays or failures caused by events beyond reasonable control, including strikes, transport failure, natural disasters, or OEM supply chain disruption.


10. GENERAL

10.1 Supplier may assign or subcontract rights and obligations. Customer may not assign without written consent.
10.2 Notices must be in writing and delivered by post, courier, or email.
10.3 If any clause is invalid, the remainder remains enforceable.
10.4 Failure to enforce a right is not a waiver.
10.5 No third party has rights under the Contract.
10.6 Variations must be in writing signed by both parties.
10.7 Governing law: English law. Jurisdiction: Courts of England and Wales.