Motofusion - Sale Terms & Conditions
Motofusion - Sale Terms & Conditions
Definitions:
‘We’, ‘Us’ or ‘The Company’ shall be construed as Motofusion (Trading Name of Centertek Ltd. Est. 2018)
‘You’ and ‘Your’ shall be construed as the customer purchasing goods or services from The Company.
‘Goods’ and ‘products’ Shall be construed as any product or service purchased from The Company by the customer.
You hereby agree that:
Any product or service purchased from us will be bound by theses terms and conditions. No variation of these terms and conditions shall be accepted unless agreed in writing and signed by a director of the company.
1. Order Process
a) When you purchase any products or services from us, you shall receive either a deposit receipt or, if paid in full, an invoice which will display the product and/or service you are purchasing, the agreed purchase price and any additional information such as any extra’s. Please read this as it is important. If you don’t understand ask us we are here to help!
b) Should you require any finance to purchase the goods you must source any finance yourself as we do not offer finance.
2. Goods Description, Price and Warranty
a) We make every effort to ensure that any description or price of any product provided either on our website, advertisement or leaflet that we sell be it written text, pictures, photographs, video or provided verbally shall be accurate to the best of our knowledge but that any such price or description shall not be legally binding upon us.
b) The price of any goods shall be clearly displayed on our web site and/or advertisement and any price agreed between you and us shall be clearly displayed on any sales documentation or receipts/invoices.
c) Unless otherwise agreed or stated on our sales documentation, our vehicles come with a 30 calendar day/500 mile (whichever is reached first) parts & labour warranty from date of delivery or collection. Additional extended warranties are available for our vehicles should you require one. In order for any warranty claim to be valid during the warranty period, the bike must be in an as sold condition with no damage or modifications, parts or items removed, changed or replaced. The bike must also NOT have been used off road or on any race track as any signs of such use shall invalidate any warranty. The 30 day warranty shall cover all factory fitted parts except consumables such as brake pads & discs, oil, batteries and tyres.
d) Any extra items, features or parts fitted to any bike that was not factory fitted as standard with the original bike from new shall not be covered under our warranty. Such as but not limited to: Alarms, Immobilisers, Quickshifters, Pit Limiters, Auto Blips, Handlebar Heaters, Pillion Racks and Carriers etc....
e) We ensure that all our bikes sold are road worthy and come with tyres and batteries in good condition. However as these are classed as consumables, these are not covered under our warranty. We recommend our customers keep their batteries on trickle charge when the bike is not being used in order to keep the battery in good condition. We fit charge cables as standard to all our bikes where possible. Battery chargers are available at an extra cost.
Please also see our separate page on Warranty on our web site.
f) Should there be any warranty issue with any bike sold and you contact us about such an issue, at our discretion, we will either:
i. Ask that you return the item to us for further inspection and repair (if necessary)
ii. Ask that you take the item to your local garage for a repair estimate and if acceptable we shall settle such repair bill.
iii. Agree a mutual acceptable sum of money by way of a refund to you in compensation for the cost of any such issue.
g) Should your bike come with a warranty greater than 30 days then any such warranty shall be provided by our 3rd party warranty provider. Any such warranty claims in the first instance should be claimed via our 3rd party warranty provider. If a warranty claim in the first 30 calendar days is for faults not covered by our 3rd party provider then these shall be covered by ourselves subject to clauses C to F above. The levels of cover for any such 3rd party warranty shall be limited depending on the cover provided per claim and the type of parts and labour covered shall depend on the age of the bike. Full details of what will be covered shall be provided at the point of sale. Warranty upgrades are also available at an additional cost.
h) Should you wish to reserve an item, you shall be asked to pay a small none refundable deposit. Upon payment of such deposit we shall keep the reserved item for no longer than 10 calendar days (The Holding Period) for you. Within such time you shall be expected to pay the remaining balance for such goods in full. Any extensions to this will be at the director’s discretion. If you put a deposit down, this is your commitment to purchase a motorcycle, there's no refund of deposits!
I) We can only accept final payment for vehicles by bank transfer on day of collection (payment to be made the day before if you are having the bike delivered)
J) All our bikes are supplied HPI clear and a copy of this if required can be supplied. Mileage is as accurate as the information we have been supplied with the bike but as you know its impossible to confirm. Delivery Mileage shall be within 50 miles of that stated by us.
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3. Additional Parts and Accessories
a) Should we supply or fit any additional parts or accessories for the purchased item(s), such parts or accessories may be covered under a separate manufacturers warranty, details of which shall be provided at the time of purchase.
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4. Delivery
a) Delivery or collection will take place at the address as detailed on the sales documentation, which will usually be our trading address. Should you require delivery to you at an alternate address then an additional fee will usually be applicable, the price of which shall be communicated at the time of order or sales enquiry.
b) Whilst we make every effort to deliver the Goods in a timely manor and to the timescales as agreed, we will not be liable for any claim for compensation or loss of any description that may result from delay of such delivery which may be due to reasons beyond our control. Should we be aware of any such delay we shall immediately communicate any delay to you and arrange for an alternative delivery date and time. In Short some things can go wrong which are out of our control (such as a delayed part or breakdown of vans) but if it’s gonna happen we’ll tell you as soon as possible.
c) If we fail to deliver the Goods within 28 days of the estimated delivery date, you may tell us in writing that you require delivery within seven days from the date of receipt by us of the notice. If then the Goods are not delivered to you within the seven days, this Agreement will be cancelled and any deposit paid will be returned and neither party will have any further responsibility to the other.
d) For each vehicle delivery or collection we require a photograph of the recipient with the bike, with the bikes registration address in clear view
e) Any arranged deliveries cancelled once a driver has set off or should you fail to be available to take delivery on the day will be charged at £1 per mile. We reserve the right to use some or all of your vehicle deposit monies in payment for such failure to accept delivery.
Cancellation / Withdrawl
a) Without valid reason, in the event that you wish to cancel or withdraw from a purchase and you have paid a deposit, any deposit paid by you will be forfeited and not be refunded to you. Any refund of a deposit, whether in part or full, shall be at the discretion of a Director of The Company.
b) Upon the expiration of the holding period under clause 2(g) and full payment has not been forthcoming we shall be free to resell or dispose of such goods and you will not be entitled to any refund of any deposit paid for said goods regardless of whether or not you have inspected the goods prior in person or not.
c) Unless otherwise agreed in writing by us, if you fail to take and pay for the goods within 10 calendar days of notification that the goods are ready for delivery, we reserve the right to treat your purchase as cancelled and any deposit paid by you will not be refundable. This does not prejudice our right to recover from you by way of damages any loss or expense (including but not limited to transport costs, labour, parts and servicing costs) we may incur as a result of you cancelling.
a) Without valid reason, in the event that you wish to cancel or withdraw from a purchase and you have paid a deposit, any deposit paid by you will be forfeited and not be refunded to you. Any refund of a deposit, whether in part or full, shall be at the discretion of a Director of The Company.
b) Upon the expiration of the holding period under clause 2(g) and full payment has not been forthcoming we shall be free to resell or dispose of such goods and you will not be entitled to any refund of any deposit paid for said goods regardless of whether or not you have inspected the goods prior in person or not.
c) Unless otherwise agreed in writing by us, if you fail to take and pay for the goods within 10 calendar days of notification that the goods are ready for delivery, we reserve the right to treat your purchase as cancelled and any deposit paid by you will not be refundable. This does not prejudice our right to recover from you by way of damages any loss or expense (including but not limited to transport costs, labour, parts and servicing costs) we may incur as a result of you cancelling.
d) If you have paid a deposit for an item without seeing it in person and we then deliver the item to you and you then decide upon inspecting the item that you no longer wish to complete the sale then we reserve the right to withold all or part of your deposit to cover our costs of such delivery including fuel and time.
e) If for any reason we allow a refund, no refund shall be issued until the original payment monies have cleared into our bank account, regardless of your original payment method.
6. Risk and Title of goods
a) Risk and Title of the goods belongs to The Company until we have received cleared funds to the value of the total purchase price and, if applicable, we have taken delivery of any part exchange item(s) provided by you in the purchase agreement or you have collected or taken delivery of the goods and signed the appropriate delivery or collection Note, after which time, risk and title shall pass to The Customer.
b) Risk and Title of any part exchange item(s) provided buy you shall pass to us when:
i. Upon your final cleared funds payment of any goods provided by us in connection with the part exchange transaction. Or at the point in time we pay you for any part exchange item(s) should we pay you for them in advance.
And:
ii. When we take delivery or collect the part exchange item(s).
7. Part Exchange Goods
a) In the circumstance where you wish to purchase goods in part exchange for an item you own, we shall notify you of the value of any such part exchange item and the agreed price of such item shall be deducted form the sale price of the goods. Should the part exchange item be of a higher value than the goods you wish to purchase from us then we shall pay you the additional value upon exchange of our goods and your part exchange item(s).
b) Any part exchange item must be owned by you and you have absolute permission and title and ownership of goods to provide it as part exchange so that we become the rightful owners in title of such goods upon completion of your purchase. Proof maybe required of this.
c) You also confirm that you own such proposed part exchange item(s) and that such goods are not subject to ownership or claim of a 3rd party:
i. Should you owe finance or money and such item(s) and wish us to settle any outstanding financial commitments for such items then the equal value shall be deducted from any agreed value of the part exchange item(s). You must provide any written confirmation from the finance company of the said amount owing.
ii. Any outstanding monies on part exchange item(s) shall not exceed the agreed part exchange value as agreed between Us and You. Once you have paid the final agreed sum of the goods (minus the part exchange value), only then shall we settle any outstanding monies for the part exchange item(s).
d). Any value provided verbally for such part exchange item(s) and provided by us to you without sight of such items shall be an estimation only and shall not be legally binding upon us and we reserve the right to visually inspect any such part exchange items and perform any necessary background checks on such items before making a firm valuation. We also reserve the right to reduce or amend any such valuation of part exchange item(s) should the condition, mileage, service history, age or market conditions change in any significant way between the date and time of last inspection and the final delivery or collection date.
e) You shall deliver the item(s) to be taken in part exchange for our goods no later than the date you are due to take delivery or collect the purchased goods from us. You shall bear any delivery costs or collection costs associated with your part exchange item(s). If you do not deliver the part exchange goods in the agreed timescale then you will not be able to take delivery of the Goods you have ordered.
f) Should any of the above conditions failed to be met by you we reserve the right to refuse acceptance of any part exchange item(s) and we also reserve the right to cancel the purchase.
8. Additional Fees & Late Or Overdue Payments
a) Any additional fees agreed at the time of purchase are payable at the prevailing rate at the time of your payment in full. Such costs include but are not limited to: VAT, Road Fund Licence (goods excise duty), First Registration Fees and any other necessary fees payable
b) Whereby we have delivered goods or services and you fail to settle any amounts due in full, we reserve the right to charge interest at 8% above the prevailing Bank of England base rate for any unpaid sums overdue by 30 days or more. We also reserve the right to recover any costs incurred in recovering such overdue payments including but not limited to debt recovery costs and legal fees.
9. Notices and Jurisdiction
a) These terms of sale will be governed by and construed in accordance with English law and the courts of England and Wales will have [non-]exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
We agree to abide by the Data Protection Act 2018, please see our separate Privacy Policy.
10. Distance Selling
a) We believe that purchasing a motorcycle is an important decision, therefore we prefer not allow anyone to make full and final purchase without seeing the goods in person first. However, we do allow deposits for goods from a distance in order that we may hold such goods in reserve for you until such time that you may inspect the item and then decide to pay in full and take delivery of the goods. The deposit is none refundable.
b) In circumstances where you may have purchased one of our motorbikes and/or other items such as parts or accessories and you have purchased at a distance in a none face to face transaction then you may cancel the purchase agreement within 14 days of taking delivery of the goods by writing to us via email or post. You shall bear any associated cost of returning any goods to us and upon receipt of any returned goods and satisfactory inspection of the returned goods by us and such goods being in an ‘As Received’ and ‘Resalable’ Condition we shall issue you a full refund including any applicable delivery costs, providing the value of the goods is greater than £42.00 including VAT. You have the right to inspect delivered goods and, if necessary, we permit light use if it assists you with your decision to keep such goods. However, should any motor vehicle have been used in excess of 20 miles of use on the odometer, we reserve the right to either refuse your return or charge an excess usage fee of £0.70 per mile. Returned goods must also be returned with any applicable manuals, keys, receipts, instructions, accessories and not been damaged or modified in any way.
c) Providing the Goods are returned to us in a satisfactory condition as stated above, we will process any refund due within fourteen days of the date the Goods are received back with us. The refund shall be provided in the same manner that the original payment of the goods was made and if applicable to the same payment card used. No refund shall be provided until the original payment funds have cleared into our bank.
d) If the cancelled order involved part-exchange goods, we shall return the part-exchange item(s) or pay the agreed part-exchange value to you at our discretion.
11. Finance
a) We do not offer finance in any way shape or form. If you require finance please source this yourself and ask them to get in touch with us for payment details.
12. Sell or Return It Terms:
a) Upon your instruction requesting us to sell your vehicle on your behalf we will either take delivery of your vehicle or collect your vehicle at our expense and the matching V5C logbook and we will keep such vehicle inside at ourpremises until the vehicle sells or you ask us to return it.
b) The minimum term you must allow us to sell your vehicle is 90 days. Should you request your vehicle back before such 90 day term has expired then we reserve the right to charge you a small admin fee of £250+VAT and any associated delivery fee if delivery is required. There is no fee for us to extend this 3 month period for us to continue selling your bike. Please note it may sometimes take more than 90 days to sell if the sale starts out of season, say during winter.
c) In order for us to sell any vehicle, such vehicle should meet our expected high standards, which includes the vehicle being:
i) In a road worthy and safe condition.
ii) Clean and presentable with no major damage or unacceptable defects.
iii) Current or recent MOT.
d) As part of this service we will provide a free valet for your vehicle (Jet Wash, Wipe Down and Polish).
e) Should your vehicle require any further work in order to bring it up to required sale standards, such work (and it’s associated cost) will be communicated to you at our earliest opportunity. (preferably at the point of collection/delivery). Such work may include Detailing, Paintwork, Servicing, Repairs and MOT’s. Such works and the costs must be agreed by you before commencement of works and the costs will either be deducted from any end sale price or paid by you prior to return of your vehicle should you wish us to return it.
13. Limitation of Liability
a) We shall be excluded from any liability for any direct or indirect losses suffered by the Customer, due to failure by us to deliver on any particular agreed date(s), the use or inability to make use of the Products due to incorrect specification, faults or damage, any breach of any contractual obligation and any Force Majeure event. If any exclusion, limitation, disclaimer or other provision contained in these conditions of sale is held invalid for any reason whatsoever and we then become liable for any loss or damage that could otherwise have been limited, any such liability, whether in contract, negligence or otherwise shall not exceed the total price of the Goods paid for by the Customer. Any liability of death or personal injury or fraud will only be accepted upon any conclusive proof this was caused by our negligence.
(c) Copyright Motofusion (Trading Name of Centertek Ltd. Est. 2018) - 8th May 2024 v1.0
Registered Company Address and Trading Address: Unit 6B Tong Park Industrial Estate, Otley Road, Baildon, West Yorkshire, BD17 7QD