Sale of Vehicles:
1. PRICE AND SPECIFICATION
All vehicles are sold subject to specification and prices current at the time of collection/delivery. If after the date of this order, the Manufacturer's recommended retail price for any vehicle shall be increased before delivery to the purchaser, the seller shall give notice of increase to the purchaser.
2. PASSING OF PROPERTY
Payment in full must be made on or before delivery, the vehicle remains the property of the seller until delivery and invoicing occur and:
a. The purchase price has been discharged in full. A cheque or bank credit given by the purchaser shall not be treated as a discharge until it has been cleared by the bank or building society.
b. The purchaser has complied in all respects with clause 6 below if applicable.
3. PASSING OF RISK
Notwithstanding the provisions of clause 2 above, the risk in the vehicle shall pass to the purchaser immediately upon delivery and the purchaser is recommended to ensure that he has adequate insurance for the vehicle in place upon collection.
4. DELIVERY
Delivery of the vehicle shall be made by the purchaser collecting the vehicle at the seller's premises within seven days of the seller has notifying the purchaser that the vehicle is ready for collection, or if some other place for delivery is agreed by the seller.
The purchaser may request the seller to deliver the vehicle to the purchaser's address or other address subject to the consent of the seller subject to the purchaser being liable to pay the company's charges for transport, packaging and insurance.
If the vehicle is to be delivered by the seller to the purchaser's address or other place, delivery takes place when the vehicle has been delivered to the purchaser's address or other place.
Any dates quoted for the delivery of the vehicle are approximate only, The seller shall not be liable for any delay of the delivery or service however caused.
Late delivery of the vehicle does not entitle the purchaser to do any of the following:
a. reject the vehicle
b. terminate the contract.
5. WARRANTY
The seller hereby warrants to the purchaser that the vehicle agreed to be sold on this order shall be fit for the purpose for which it is supplied and shall be of satisfactory quality, insofar as this is required under the Consumer Rights Act 2015 Used machines warranty limited within 1,000 miles or 6 months from date of purchase whichever is the sooner.
The seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the sellers instructions (whether oral or in writing), misuse or alteration or repair of the goods without the seller's approval.
6. PART EXCHANGE CONDITIONS
In the event of the purchaser offering and the seller agreeing to accept a used vehicle in part exchange, the part exchange allowance given hereby agreed to be given and received as part of the the sale and purchase of goods on delivery of the part exchange and upon the following conditions which are declared to be true by the purchaser
a. that the particulars set out on the part exchange form are correct in their entirety.
b. That said vehicle form is the absolute property of the purchaser and is free from all encumbrances or that said vehicle is the subject of a hire purchase agreement capable of cash settlement by the seller in which case the allowance shall be reduced by the amount required to be paid by the seller on settlement thereof.
c. That said vehicle has not been involved in an accident.
d. That if the seller has examined the said used vehicle prior to his confirmation and acceptance of this order, the said used vehicle shall be delivered to him in the same condition as the date of such examination (fair wear and tear excluded).
e. That if the Seller has not examined the said used vehicle prior to his confirmation and acceptance of this order, the order is subject to a final inspection and acceptance of the said used vehicle, and may be cancelled at the sellers discretion.
f. That said vehicle shall be delivered to the seller on or before delivery of the goods to be supplied by him and the property in the said used vehicle shall thereupon pass to the seller absolutely.
g. Based on the said used vehicles present condition and if it is not handed over by the purchaser to the seller in the same condition (fair and and tear excluded) as at present the seller may make a reasonable deduction from the allowance to cover the cost of any repairs which may be necessary.
In the event of the non fulfilment of any of the foregoing conditions the seller shall be discharged from any obligation to accept the said used vehicle or to make any allowance in respect thereof and the purchaser shall discharge in cash the full price of the good to be supplied by the seller.
7. NOTIFICATION
Any correspondence to you will be sent by normal post rather than registered delivery, to the address you have given on the purchase order.
8. VALUE ADDED TAX
If after the date of this contract and before delivery of the vehicle to the purchaser there shall be any alteration to the amounts payable for Value Added Tax, the seller shall give notice of any alteration to the purchaser and
a. in the event that any such alteration is an increase, the price stated shall be increased by the amount of such increase unless within 7 days from receipt of such notice the purchaser notifies the seller that he shall not accept the increase in which case the seller shall have the option by notice in writing to cancel the contract and return the deposit to the purchaser.
b. In the event that any alteration is a reduction, the price stated shall be reduced by the amount of the reduction.
9. TERMINATION
The right is reserved to the seller to terminate an order prior to invoicing without compensation or damages and beyond that if a receivership order shall be made against the purchaser or he should be declared bankrupt. In the case of a company the right is reserved to the seller to terminate the contract if a winding up or administration order be made against it.
10. FORCE MAJEURE
The seller shall not be liable to the buyer for any failure to deliver the vehicle due to events of Force Majeure being:
a. act of God, explosion, flood, tempest, fire or accident.b. War or threat of war, sabotage, insurrection, civil disturbance.
c. Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
d. Import or export regulations or embargoes.
e. Strikes, lock outs or other industrial actions or trade disputes.
f. Power failure or breakdown in machinery
If the seller is prevented from delivering in the above circumstances it shall notify the buyer in writing as soon as practicable to jointly decide the continuance of the contract.
In the event of purchasing a used vehicle the buyer certifies that before signing the sales order their attention has been drawn to the age of the vehicle (as shown over) and the fact that any defects may be present on that account and the terms and conditions above have been drawn to their attention and they have been given adequate time to read them. In addition they understand it is a term of the contract that they should examine the vehicle before signing the purchase order to satisfy themselves as to its quality and that they have carried out such an examination, in particular their attention has been drawn to the following items: Tyres, frame and paintwork, plastic, trim and general condition with respect to its age. It is also their responsibility to ensure that the vehicle complies with road traffic legislation after leaving the sellers premises, for example it has a current vehicle licence and MOT certificate (if over 3 years old).
11. DISTANCE SELLING REGULATIONS.
If this contract to purchase has been completed without any face to face contact between us and you, or anyone acting on your or our respective behalf, you may give notice to cancel this Agreement within 14 days without giving any reason. (subject to the limitations set out below).
In order to cancel a contract in this way, you must provide us written notice of cancellation via post or email and to reach us by 6pm on the 14th day following delivery.If you cancel a contract on this basis, you must promptly return the vehicle to us, in the same condition in which you received it. We must receive the vehicle back within 14 days of your written notice of cancellation.
If you do change your mind you cannot use the bike once you have notified us, only for delivery back to us. You must still tax and insure the vehicle until it is received by us.If you cancel a contract on this basis, you will be refunded in full. However, you will be responsible for paying the cost of returning the vehicle to us.If you cancel a contract on this basis and you do not return the vehicle to us, we may recover the vehicle and charge you for the costs we incur in doing so. Similarly, if you return the vehicle at our expense, we may pass that expense on to you.
.For reasons of fraud prevention, we are only able to deliver to your home address and, prior to arranging delivery, Will require your driver's licence and proof of address to be verified, we will not deliver the bike to you if we have not received this.
Upon receipt of your vehicle it is imperative that you fully inspect its physical condition. Once you have signed to accept the vehicle we will, unfortunately, not accept liability for any damage which was not noted during your vehicle's delivery.
Your refund will be made within 14 days of the vehicle being returned to us. This 14 day period will begin from the day we sign to accept return of the bike to our premises.Delivery of your vehicle will take place at an agreed time and place. Should you, for any reason, be unable to accept this delivery then you will be liable for the cost of this delivery and any subsequent charges to return it. In the event of cancelation this amount would be deducted from your final refund amount.
You are liable for the vehicle from the point of accepting delivery. If you choose to cancel within your cooling off period, then you remain liable for the vehicle until one of our selected collection companies have signed to accept it from you. You will be liable, and charged, for any damage present which was not noted when you accepted delivery of the vehicle. Any cost will be deducted from your final refund amount.
The vehicle cannot be modified or altered in any way from the condition it was delivered in.
To receive a full refund a maximum additional mileage of 25 miles from the recorded delivery mileage is allowed. If you cover any additional distance, then an excess mileage charge of £1.50 + VAT per mile will be deducted from your final refund amount.
We will not refund fees paid to government such as road fund license or first registration fee that were incurred in fulfilling your order.
You will be liable for any collection costs incurred and this amount will be deducted from your final refund. We will fully inform you of any costs before arranging collection and will not make any arrangements without your prior consent.
You are able to make your own arrangements for return of the vehicle but, in doing so, accept full liability for the vehicle until it is returned to us. Any damage caused to the vehicle will be deducted from your final refund amount and, in the case of any insurance claim being raised, no refund will be made until payout from the relevant insurance company has been made to us.
No refund amount will be made until the vehicle has been inspected and signed for by a member of our team. If we intend to make any deductions from your final refund amount, then you will be made aware of that amount prior to the refund.
12. CREDIT PROVISION.
We are a licensed credit broker and intermediary whose FCA license number is FRN667214. We can only introduce you to a limited number of lenders who may be able to finance your purchase. A lender may pay us for introducing you to them, but you make no payment to us. We are unable to provide you with independent financial advice. If you wish to make a complaint please contact us in writing.
13. DATA PROTECTION.
We will only pass on your details for the purposes of registering the vehicle, or to advise manufacturers of ownership details where they have a legitimate interest for safety reasons, or further to arranging finance on your instructions.
