Why you should read these terms and conditions.
Please read these terms carefully. These terms tell you who we are and how we will sell Bikes to you.
Information about us and how to contact us
We are Superbike Factory Limited (registration no 08037214). Our registered VAT number is 2777727849. You can contact us on 01625 353012 or at either firstname.lastname@example.org or Snape Road, Macclesfield, Cheshire SK10 2NZ. Trading as Superbike Factory Motorbike Trade Centre.
Bike the bike(s) set out in the Order;
Contract the contract between us and you for the sale and/or purchase of the Bike which incorporates these terms and conditions and the Order Form;
Collection/Delivery Date the date specified in the Order; and
Collection/Delivery Location the address for delivery of Bike as set out in the Order Form.
Trader means trader as defined in the Consumer Rights Act 2015 as "a person acting for purposes relating to that person's trade, business, craft or profession, whether acting personally or through another person acting in the trader's name or on the trader's behalf.
2. Contract Restrictions
2.1 Entering into this contract as a Trader the 30-day Superbike warranty as set out in the Order Form shall not apply.
2.2 All parties are acting in the course of their business, trade craft or profession and all statements, conditions or warranties expressed or implied by law or otherwise, are hereby expressly excluded.
2.3 Please note that we can only collect/deliver to mainland England, Scotland and Wales.
3. Price and payment
3.1 The price of the Bike shall be the price set out in the Order.
3.2 It is always possible that, despite our best efforts, some of the bikes we sell may be incorrectly priced. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as an error, we may end the contract, refund you any sums you have paid and require the return of the Bike(s)
3.3 We accept payment by cash, bank transfer/BACS, MasterCard credit, MasterCard debit, Visa credit and Visa debit.
3.4 You will be unable to take possession of the Bike until we receive the confirmation from the lender that credit has been approved.
4. Our Bikes
4.1 The images of our Bikes in our price list, on our website and on any third-party websites are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the printed pictures in our brochure or a device's display accurately reflect the colour of the Bikes. Your Bike may vary slightly from those images.
4.2 Information about the Bike contained in our price list, on our website and on any third-party websites has been published in good faith and we will do our best to ensure that it is accurate. However, it may occasionally be incorrect, incomplete or out of date due to human error or circumstances beyond our control. Where information is incorrect due to an error or circumstances beyond our control, we reserve the right not to accept your order for the affected Bikes, or if your order has already been accepted, not to supply the affected bikes to you. We will notify you if this is the case and will not charge you for the Bike.
4.3 The vehicle description is given as guidance only. You are advised to obtain professional advice as to the vehicle's condition before purchase as consumer protection legislation does not apply. It is entirely the responsibility of the purchaser to ensure that they are satisfied with the condition of the vehicle before proceeding with the purchase, particularly when agreeing to purchase a vehicle over the phone.
4.4 For the avoidance of doubt, all statements, conditions or warranties as to the quality of the vehicle or its fitness for any purpose whether express or implied by law or otherwise are hereby expressly excluded.
4.5 The vehicle is being sold without any undertaking, warranty, representation, express or implied, as to its mechanical condition or its roadworthiness, or its age, by Superbike Factory Limited and the vehicle is sold as seen.
4.6 Any current MOT certificate does NOT mean it is roadworthy and the purchaser agrees to put it in a roadworthy and lawful state as necessary, at his/her own expense, before using it on a public highway.
4.7 The speedometer reading has not been verified. It must be considered
5. Providing the Bikes
5.1 The costs of delivery will be as notified to you during the order process.
5.2 If you have asked to collect the Bike you have ordered from our premises then you must make a pre-booked appointment to collect it any time during our working hours of 09:00 to 17:00 on weekdays (excluding public holidays).
5.3 If no one is available at your address to take delivery, we will contact you to rearrange delivery or collection of the Bike.
5.4 If you do not collect the Bike from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from us, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite
our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
5.5 The Bike will be your responsibility from the time we deliver it to the address you gave us or you collect it from us.
5.6 You own the Bike you have ordered once we have received payment in full.
5.7 We need certain information from you so that we can supply the Bike to you, for example, your name, business name, address and a contact number. This will have been asked for when registering to use the Trade section of the website and when ordering the Bike. We will contact you to ask for this information. If you provide incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Bike late or not supplying any part of them if this is caused by you not giving us the information.
5.8 We may have to suspend the supply of a Bike to:
(a) update the Bike to reflect changes in relevant laws and regulatory requirements; or
(b) make changes to the Bike as notified by us to you.
5.9 We will contact you in advance to tell you we will be unable to supply a Bike, except in an emergency. You may contact us to end the contract for a Bike if we cannot provide the Bike ordered for a period of more than 30 days after the Bike is ordered and we will refund any sums you have paid in advance for the Bike in respect of the period after you end the contract.
6. Our responsibility for loss or damage suffered by you
6.1 Entering into this contract as a Trader or use of the Bike for any commercial, business or re-sale purpose:
(a) we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity; and
(b) except as stated in this agreement all warranties and conditions, express or implied, whether by common law or statute, are excluded to the fullest extent permitted by law.
6.2 The Purchaser expressly indemnifies the vendors, Superbike Factory Limited, from any action/damage/claim of whatsoever nature, arising directly or indirectly, from failure to carry out any repairs necessary and/or failure to observe these Conditions of Sale.
7. How we may use your personal information
8. Ending the Contract
8.1 Without limiting other rights or remedies, either party may terminate the Contract with immediate effect by giving written notice if:
(a) the other party commits a material breach of any term of the Contract and (if such a breach is remediable) and fails to remedy that breach within 30 days of being notified in writing to do so; or
(b) it is of the reasonable opinion that performance of the Contract would, cause it to be in breach of any laws;
(c) of the whole or any part of the price which has been paid.
9. General legal terms
9.1 No agreements outside of the Contract shall be binding. The Contract (incorporating these Conditions) constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties,
representations and understandings between them, whether written or oral, relating to its subject matter.
9.1 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
9.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the conditions of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining conditions will remain in full force and effect.
9.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you, the person named on contract, and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person to end the contract or to make any changes to these terms.
9.4 Which laws apply to this contract. These terms are governed by the Law of England and Wales only.
10.1 In the event of a dispute please contact Superbike Factory Motorbike Trade Centre, to raise a dispute. For details of the dispute process please see the website for more information.