Terms & Conditions
JELLPerformance – Terms & Conditions of Business
(For use across all JELLPerformance divisions including Watercraft / Jetski, Powered Products & Garden Machinery, Powersports, and Pedal n Pump)
1. Definitions
In these Terms & Conditions:
-
“JELLPerformance”, “we”, “us”, or “our” means the trading business operating under the JELLPerformance brand and its associated divisions, including but not limited to:
- Watercraft / Jetski
- Powered Products & Garden Machinery
- Powersports
- Pedal n Pump
- “Customer”, “you”, or “your” means the person, business, organisation, or legal entity requesting services, purchasing goods, or otherwise dealing with JELLPerformance.
- “Goods” means any parts, accessories, components, consumables, merchandise, clothing, equipment, or products supplied by us.
- “Services” means any labour, servicing, repairs, maintenance, diagnostics, inspections, fault-finding, collection/delivery, mobile work, tuning, remapping, performance upgrades, installation, assembly, customisation, fitting, or related work carried out by us.
- “Equipment” means any watercraft, jetski, trailer, powersports vehicle, ATV, quad, side-by-side, motorcycle-related item, bicycle, BMX, MTB, scooter, powered product, lawn mower, ride-on mower, strimmer, hedge trimmer, chainsaw, generator, pressure washer, garden machinery, or any other item left with us or presented for work.
- “Special Order Goods” means any Goods ordered specifically for you, including non-stock, custom, made-to-order, or specially sourced items.
2. Application of These Terms
2.1 These Terms & Conditions apply to all work carried out, all Goods supplied, and all dealings between JELLPerformance and the Customer unless otherwise agreed by us in writing.
2.2 By:
- booking work with us,
- leaving Equipment with us,
- authorising work,
- accepting a quote or estimate,
- purchasing Goods,
- paying a deposit,
- using our website or ordering from us,
- or otherwise instructing us,
you confirm that you have read, understood, and accepted these Terms & Conditions.
2.3 These Terms override any conflicting terms proposed by the Customer unless we expressly agree otherwise in writing.
3. Scope of Business
3.1 JELLPerformance provides Goods and Services across multiple divisions, including but not limited to:
- Watercraft / Jetski – servicing, repairs, diagnostics, maintenance, performance upgrades, tuning, parts, jet pump work, engine work, fault finding, seasonal preparation, winterisation, dewinterisation, inspections, collection/delivery, and mobile support.
- Powered Products & Garden Machinery – servicing, repairs, maintenance, diagnostics, inspections, parts supply, collection/delivery, and mobile support for domestic and trade equipment.
- Powersports – servicing, repairs, maintenance, diagnostics, upgrades, parts supply, collection/delivery, and mobile support for ATV, quad bikes, side-by-sides, and related off-road or powersports equipment.
- Pedal n Pump – sale of merchandise, clothing, accessories, bike-related products, components, and other retail Goods, with fitting or assembly services where applicable.
3.2 We reserve the right to refuse any work, order, or instruction at our discretion.
4. Estimates, Quotations & Pricing
4.1 Any estimate given is a guide only and is not a fixed quotation unless clearly stated in writing as a fixed quote.
4.2 Estimates may change where:
- additional faults are discovered,
- hidden damage is found,
- seized / corroded / damaged parts require extra time,
- non-standard previous repairs are found,
- additional parts are required,
- specialist tools or subcontracted services are needed,
- the condition of the Equipment is materially worse than first presented.
4.3 Fixed quotations are only valid:
- for the specific work described,
- for the period stated,
- and provided no hidden faults or additional work are discovered.
4.4 All prices are subject to change without notice until the booking, order, or quote is formally accepted.
4.5 Unless otherwise stated, prices may exclude:
- collection / delivery charges,
- storage,
- disposal,
- specialist consumables,
- diagnostic time,
- subcontractor charges,
- carriage / postage,
- additional unforeseen labour.
5. Diagnostics, Fault Finding & Inspection Work
5.1 Diagnostic and fault-finding work is chargeable whether or not a repair proceeds.
5.2 We will use reasonable skill and care when diagnosing faults, but some faults:
- may be intermittent,
- may only appear under load / heat / water / road use,
- may be caused by multiple underlying issues,
- may require strip-down or additional testing to confirm.
5.3 A diagnosis is based on the symptoms, condition, and information available at the time of inspection.
5.4 We are not liable where:
- additional faults later become apparent,
- the original fault changes,
- the Equipment has multiple related issues,
- or a manufacturer / previous repair / hidden defect affects the outcome.
5.5 Strip-down, inspection, and investigative work is chargeable even where the Customer chooses not to proceed.
6. Authorisation of Work
6.1 No work will be carried out without Customer instruction, except:
- safety-critical work necessary to prevent damage or danger,
- minor consumables or small-value items reasonably required to complete an authorised job,
- emergency protective steps to prevent further deterioration.
6.2 By leaving Equipment with us, you authorise reasonable inspection and initial assessment.
6.3 If additional work is required beyond the original instruction, we will attempt to contact you for approval before proceeding.
6.4 If we cannot reach you and delay is likely to:
- cause further damage,
- create a safety risk,
- waste significant labour already undertaken,
- or prevent reasonable completion of the job,
we may either:
- pause the work until contact is made, or
- carry out only the minimum necessary protective / safety work.
7. Deposits & Booking Fees
7.1 We may require a deposit to:
- secure a booking,
- reserve workshop time,
- reserve mobile call-out time,
- order parts,
- schedule collection / delivery,
- or begin special / custom / performance work.
7.2 Deposits are generally non-refundable where:
- the Customer cancels late,
- the Customer fails to attend,
- parts have been ordered,
- workshop or mobile time has been reserved and lost,
- or work has already started.
7.3 If we are unable to carry out the booked work due to our own fault, we may refund or transfer the deposit at our discretion.
7.4 Any deposit paid may be applied against the final invoice.
8. Parts, Goods & Special Orders
8.1 Parts and Goods supplied may include:
- OEM / genuine parts,
- aftermarket parts,
- performance parts,
- reconditioned parts,
- used parts (where agreed),
- or equivalent pattern parts.
8.2 Unless specifically agreed in writing, we reserve the right to choose suitable parts based on:
- availability,
- application,
- reliability,
- intended use,
- budget,
- and our professional judgement.
8.3 Special Order Goods are non-returnable and non-refundable unless faulty, incorrectly supplied, or otherwise required by law.
8.4 We are not responsible for manufacturer backorders, supplier delays, discontinued items, or courier delays outside our control.
8.5 Delivery dates for parts are estimates only.
8.6 Any shortages, incorrect items, or transit damage must be reported as soon as reasonably possible.
9. Customer-Supplied Parts / Goods
9.1 If you supply your own parts, components, accessories, or Goods for us to fit or use:
- we may refuse to fit them,
- we give no warranty whatsoever on those parts,
- labour to fit / remove / diagnose remains chargeable,
- and any issues caused directly or indirectly by those parts remain your responsibility.
9.2 We are not liable for:
- incorrect parts supplied by the Customer,
- poor-quality parts,
- compatibility issues,
- premature failure,
- delays caused by missing / incorrect items,
- or damage resulting from faulty customer-supplied parts.
9.3 If a customer-supplied part fails, all additional labour, diagnostic time, removal/refitting, and any consequential work is chargeable.
10. Hidden Faults, Seized Components & Additional Work
10.1 Many items presented to us, particularly used, older, marine, off-road, outdoor, neglected, corroded, modified, or poorly maintained Equipment, may contain hidden faults.
10.2 We are not responsible for pre-existing issues that only become apparent during:
- disassembly,
- pressure / load testing,
- water testing,
- road testing,
- heat cycling,
- or normal workshop handling.
10.3 Where fasteners, bolts, fittings, shafts, housings, covers, trim, plastics, exhaust components, electrical connectors, cables, or other parts are seized, corroded, brittle, damaged, or previously bodged, additional labour and/or replacement parts may be required and will be chargeable.
10.4 We will not be liable for unavoidable breakage of already deteriorated, seized, corroded, brittle, or previously damaged parts encountered during reasonable repair work.
11. Performance Upgrades, Tuning, ECU Work & Modified Equipment
11.1 Any performance-related work, including but not limited to:
- ECU tuning / remapping,
- performance kits,
- upgraded impellers,
- intake / exhaust modifications,
- cooling modifications,
- breather systems,
- intercoolers,
- blow-off valves,
- engine upgrades,
- driveline or transmission modifications,
- race or competition preparation,
- aftermarket electronics,
- custom setups,
is undertaken at the Customer’s request and risk unless otherwise agreed in writing.
11.2 Performance and modified Equipment may:
- increase wear,
- reduce service life,
- increase heat / stress,
- expose pre-existing weaknesses,
- affect reliability,
- affect emissions or noise compliance,
- affect insurance,
- affect road / water legality,
- affect manufacturer warranty,
- and may require more frequent servicing.
11.3 Unless expressly stated in writing, we do not guarantee specific horsepower, speed, acceleration, lap time, reliability, fuel economy, or competition results.
11.4 Published or discussed gains are guides only and may vary due to:
- base condition,
- maintenance history,
- fuel quality,
- altitude / temperature,
- rider / driver setup,
- hull / prop / tyre / gearing condition,
- supporting modifications,
- and other variables.
11.5 The Customer is solely responsible for ensuring the Equipment remains legal, insured, safe, and suitable for its intended use after modification.
11.6 We are not responsible for manufacturer refusal of warranty or goodwill claims due to modifications.
11.7 Race, competition, closed-course, or high-performance use places Equipment under extreme stress. Failures in such use are not automatically evidence of faulty workmanship or defective parts.
12. Servicing & Maintenance
12.1 A service or maintenance visit does not amount to a guarantee that all faults, wear, or future failures will be identified unless specifically agreed as a full inspection.
12.2 Standard servicing generally covers the work listed in the service description only.
12.3 Additional defects identified during service may be separately advised and quoted.
12.4 Failure to follow our service intervals, running-in guidance, fuel/oil recommendations, winterisation, storage guidance, or maintenance advice may void any applicable warranty.
13. Test Running, Road Testing, Water Testing & Operational Checks
13.1 We may test run, road test, water test, ride, or otherwise operate Equipment where reasonably necessary to:
- diagnose faults,
- confirm repair,
- verify tuning,
- confirm safety,
- or assess performance.
13.2 The Customer authorises us to carry out reasonable testing for the above purposes.
13.3 Such testing may include fuel consumption, heat cycles, launch/load operation, movement on private or public land (where lawful), or water operation where appropriate.
13.4 We are not liable for faults that only arise after the Equipment is returned and later used under different conditions.
14. Mobile Work, Call-Outs, Collection & Delivery
14.1 We may offer:
- mobile servicing / repairs,
- field support,
- call-out diagnostics,
- collection and delivery,
- transport of Equipment,
- on-site inspections.
14.2 Access, safety, working area, lifting, launching, recovery, loading, unloading, and site conditions remain the Customer’s responsibility unless otherwise agreed.
14.3 If our attendance is delayed, restricted, unsafe, or prevented by:
- poor access,
- weather,
- third-party delays,
- lack of power / water / space,
- unsafe or unstable Equipment,
- or incorrect information provided,
time lost may still be chargeable.
14.4 Risk in Equipment remains with the Customer except where caused directly by our proven negligence.
14.5 We reserve the right to refuse on-site work where conditions are unsafe or unsuitable.
15. Completion, Collection & Storage Charges
15.1 Once work is complete, or if work is paused awaiting instruction / payment / parts / collection, we will notify you where reasonably possible.
15.2 Equipment must be collected promptly once ready.
15.3 We reserve the right to charge storage fees for Equipment, trailers, parts, or Goods left with us after:
- completion,
- cancellation,
- refusal of quote,
- non-payment,
- lack of response,
- or unreasonable delay in collection.
15.4 Unless otherwise stated in writing, storage may begin after 7 days from notification that:
- work is complete,
- the quote is declined,
- the Equipment is ready for collection,
- or we are awaiting instruction.
15.5 Storage charges may be applied at a reasonable daily or weekly rate as notified to the Customer.
15.6 Storage fees, handling fees, and transport/repositioning costs are payable before release.
16. Payment Terms
16.1 Unless otherwise agreed in writing, payment is due immediately upon completion, collection, delivery, dispatch, or issue of invoice (whichever happens first).
16.2 We may require cleared funds before releasing:
- Equipment,
- keys,
- trailers,
- parts,
- Goods,
- accessories,
- or documents.
16.3 Accepted payment methods are subject to change.
16.4 We reserve the right to require:
- full payment in advance,
- stage payments,
- deposits,
- or payment before ordering parts.
16.5 Trade / account terms (if offered) must be agreed in writing and may be withdrawn at any time.
17. Late Payment, Interest & Recovery Costs
17.1 If payment is not made when due, we reserve the right to charge:
- statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998 where applicable, or
- where not applicable, interest at a reasonable rate of up to 8% per annum above the Bank of England base rate, calculated daily from the due date until paid.
17.2 We may also recover:
- debt recovery costs,
- tracing costs,
- legal costs,
- storage charges,
- transport / repossession costs,
- and any administrative costs reasonably incurred in recovering sums due.
17.3 We may suspend ongoing or future work until all overdue balances are cleared.
18. Lien / Right to Retain Equipment
18.1 We reserve a lien over any Equipment, Goods, trailers, parts, accessories, documents, or other property in our possession until all monies owed to us are paid in full.
18.2 This includes, without limitation:
- the current invoice,
- previous unpaid invoices,
- storage fees,
- diagnostic charges,
- collection/delivery charges,
- and costs reasonably incurred in relation to that Equipment or Customer account.
18.3 We are under no obligation to release any item until cleared payment is received.
19. Uncollected / Abandoned Equipment or Goods
19.1 If Equipment, Goods, or property is left with us and:
- remains unpaid,
- is not collected,
- the Customer stops responding,
- or collection is unreasonably delayed,
we may issue written notice requiring collection and payment.
19.2 If, after reasonable notice, the Customer still fails to collect or pay, we reserve the right (subject to applicable law) to:
- continue charging storage,
- move the item elsewhere at the Customer’s cost,
- dispose of low-value items,
- or sell the item and apply proceeds towards the debt.
19.3 Any shortfall remains payable by the Customer.
19.4 Any surplus remaining after costs and debts may be retained pending lawful claim.
20. Warranty on Labour
20.1 Unless otherwise stated in writing, we provide a limited workmanship warranty of 30 days from the date of completion on labour carried out by us.
20.2 This warranty covers defects directly arising from our workmanship only.
20.3 This warranty does not cover:
- wear and tear,
- abuse,
- misuse,
- neglect,
- race / competition / commercial overuse,
- overheating,
- impact damage,
- corrosion,
- water ingress,
- contamination,
- poor storage,
- incorrect fuel / oil / lubricant,
- lack of maintenance,
- unrelated faults,
- pre-existing weaknesses,
- customer-supplied parts,
- third-party interference,
- or further use after a fault becomes apparent.
20.4 Any warranty claim must be reported immediately and the Equipment must be returned to us for inspection before any third party carries out work.
20.5 We reserve the right to repair, rectify, replace, or reasonably contribute at our discretion where a valid workmanship issue is proven.
21. Warranty on Parts / Goods
21.1 Parts and Goods supplied by us are subject to the relevant manufacturer or supplier warranty only, unless otherwise stated in writing.
21.2 We do not provide any wider warranty than that available from the manufacturer or supplier unless expressly agreed.
21.3 Labour to diagnose/remove/refit warranty items may be chargeable unless the failure is clearly due to our workmanship and covered under Clause 20.
21.4 Performance, competition, race, modified, or specialist aftermarket parts may have limited or no manufacturer warranty.
21.5 Consumables and wear items are excluded unless faulty at supply.
22. No Guarantee of Future Reliability
22.1 We repair or service the fault(s) instructed or identified — we do not guarantee the Equipment will be fault-free forever.
22.2 Used or older Equipment may have multiple age-related, wear-related, corrosion-related, or abuse-related issues.
22.3 A successful repair of one issue does not guarantee against future unrelated failures.
23. Limitation of Liability
23.1 Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including for:
- death or personal injury caused by negligence,
- fraud or fraudulent misrepresentation,
- or any rights that cannot legally be excluded under UK law.
23.2 Subject to Clause 23.1, our total liability for any claim arising from Goods or Services shall be limited to:
- the value of the relevant invoice for the specific Goods or Services giving rise to the claim, or
- the cost of rectifying the proven issue,
whichever is lower, unless otherwise required by law.
23.3 We shall not be liable for:
- indirect loss,
- consequential loss,
- loss of use,
- loss of enjoyment,
- loss of race/event entry fees,
- transport costs,
- loss of profits,
- loss of business,
- loss of goodwill,
- missed holidays or trips,
- missed competitions,
- downtime,
- third-party costs,
- towing / recovery,
- accommodation,
- or substitute hire costs,
unless expressly required by law.
23.4 We are not liable for loss arising from:
- hidden defects,
- previous poor repairs,
- corrosion,
- customer-supplied parts,
- misuse,
- racing,
- improper storage,
- non-disclosure of history,
- or failure to follow advice.
24. Customer Responsibilities
24.1 You must:
- provide accurate details about the Equipment,
- disclose known faults, modifications, prior repairs, warning lights, accidents, water ingestion, overheating, seizure history, crash damage, flood damage, or unusual noises,
- disclose any immobilisers, security systems, trackers, or non-standard modifications,
- remove valuables unless agreed otherwise,
- ensure legal ownership or authority to instruct work,
- ensure the Equipment is safe and lawful to present for work,
- ensure trailers, batteries, keys, codes, and accessories are provided where needed.
24.2 We may rely on the information you provide and are not responsible for consequences of incomplete or incorrect information.
25. Photographs, Reports & Records
25.1 We may take photographs, videos, notes, measurements, data logs, ECU reads, diagnostic scans, and inspection records for:
- job records,
- quality control,
- estimates,
- warranty support,
- dispute evidence,
- training,
- and internal business records.
25.2 Unless otherwise agreed, such records remain our property.
25.3 We may use non-sensitive images of work, parts, or Equipment for marketing or social media unless you expressly ask us in writing not to.
25.4 We will not intentionally publish personal addresses, private registration details, or sensitive personal information without consent.
26. Returns, Retail Sales & Online / Distance Sales (Including Pedal n Pump)
26.1 For in-person retail purchases, returns are accepted only where required by law or where we expressly agree otherwise.
26.2 Special Order Goods, custom items, personalised items, made-to-order Goods, fitted electrical items, software/tuning products, and hygiene-sensitive items are non-returnable unless faulty or required by law.
26.3 If Goods are sold online or at distance to a consumer, your statutory rights under the Consumer Contracts Regulations and Consumer Rights Act 2015 apply where applicable.
26.4 The Customer must inspect Goods on delivery and notify us promptly of:
- damage,
- shortages,
- incorrect items,
- or faults.
26.5 We reserve the right to inspect returned Goods before refund, repair, replacement, or rejection of claim.
26.6 Goods must not be used, altered, fitted, washed, or damaged if being returned under any discretionary return policy unless the law permits otherwise.
27. Title / Ownership of Goods
27.1 Ownership of Goods supplied by us does not pass to the Customer until we have received payment in full for:
- those Goods,
- and any related sums owed by the Customer.
27.2 Risk in Goods may pass on delivery / collection / dispatch, but legal title remains with us until fully paid.
27.3 Until title passes, the Customer must:
- store the Goods safely,
- keep them identifiable,
- not sell, transfer, or dispose of them without authority,
- and allow recovery where lawful if unpaid.
28. Delivery, Shipping & Courier Risk
28.1 Delivery times are estimates only.
28.2 We are not liable for courier delays, failed deliveries, customs delays, weather disruption, or third-party transport issues outside our control.
28.3 The Customer must provide accurate delivery details.
28.4 Risk in Goods passes on delivery unless otherwise required by law.
28.5 Claims for transit damage or loss must be reported as soon as reasonably possible.
29. Website, Product Information & Technical Advice
29.1 Any descriptions, photos, specifications, compatibility notes, or advice provided on our website, social media, messages, or verbally are for general guidance only unless expressly confirmed in writing for a specific job.
29.2 The Customer remains responsible for confirming suitability of Goods for their intended use.
29.3 Technical advice is based on information available at the time and does not create a guarantee unless expressly stated in writing.
30. Force Majeure
30.1 We are not liable for delay or failure caused by circumstances beyond our reasonable control, including but not limited to:
- weather,
- flooding,
- supplier issues,
- courier failures,
- power outages,
- illness,
- accidents,
- fire,
- theft,
- machinery breakdown,
- parts shortages,
- strikes,
- transport disruption,
- or government restrictions.
31. Cancellation & Refusal to Proceed
31.1 The Customer may cancel work before it begins, but charges may still apply for:
- booked time,
- ordered parts,
- administrative time,
- diagnostics already carried out,
- transport,
- and any non-recoverable costs.
31.2 If work has started, all labour, parts, and associated costs up to cancellation remain payable.
31.3 We may stop or refuse work where:
- safety concerns arise,
- abuse or unreasonable behaviour occurs,
- payment concerns exist,
- parts are unavailable,
- the Equipment is uneconomical to repair,
- the Customer refuses essential safety work,
- or the scope changes materially.
32. Consumer Rights
32.1 Nothing in these Terms removes or limits any statutory rights available to consumers under UK law, including but not limited to the Consumer Rights Act 2015.
32.2 Where the Customer is acting as a business, trade, contractor, reseller, or commercial operator, business-to-business principles may apply.
33. Data Protection & Privacy
33.1 We may hold and use Customer details for:
- bookings,
- invoices,
- service history,
- warranty handling,
- reminders,
- estimates,
- parts ordering,
- and reasonable business administration.
33.2 We will take reasonable care with personal data and will not knowingly misuse it.
33.3 We may contact you in relation to your work, order, reminders, quotes, or relevant follow-up unless you ask us not to.
33.4 Full privacy information may be provided separately where applicable.
34. Complaints & Disputes
34.1 Any complaint must be raised with us as soon as possible and ideally in writing, with reasonable detail.
34.2 We must be given a fair opportunity to inspect and, where appropriate, rectify any alleged issue before third-party work is authorised.
34.3 We will not accept liability for third-party repairs, diagnosis, dismantling, or modifications carried out before we have had the chance to inspect the alleged fault.
35. Severability
35.1 If any clause or part of these Terms is found unenforceable or invalid, the remaining provisions shall continue in full force and effect.
36. Governing Law & Jurisdiction
36.1 These Terms & Conditions shall be governed by and interpreted in accordance with the laws of England and Wales.
36.2 Any dispute arising in connection with these Terms shall be subject to the jurisdiction of the courts of England and Wales.
