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 Goods 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 sales@superbikefactory.co.uk or Snape Road, Macclesfield, Cheshire SK10 2NZ. Trading as Superbike Factory Limited.
1. Definitions
1.1 "Bike"The Dealer", "Us", "SuperBike Factory" the person who is the vendor of the goods to the customer.
1.2 "The Customer”, “you” the person contracting for goods and services to be supplied by the Dealer.
1.3 1.3 ” The Goods, “the Bike”, “the Vehicle” means all vehicles as defined, or other things to be sold by the Dealer to the Customer as set out in the Order.
1.4 1.4 “The Order” an agreement to formalise a purchasing transaction of the Goods, via our website, order form or sales agents.
1.5 “Contract “ the contract between us and you for the sale and/or purchase of the Goods which incorporates these terms and conditions and the Order Form;
1.6 “Collection/Delivery Location” the address for delivery of the Goods as set out in the Order Form.
1.7 “The Lender” the creditor providing you with finance to purchase the Goods.
2. Interpretation
2.1 The singular shall include the plural and the male shall include the female or business entity as may be appropriate.
3. Enforceability
3.1 In the event of any one or more of these terms and conditions being declared unenforceable, the remaining terms and conditions shall nonetheless remain in full force and effect.
4. Written Confirmation
4.1 This order and any allowance in respect of a Bike offered by the Customer are Subject to acceptance and confirmation in writing by the Dealer.
5. Time Not of the Essence
5.1 Unless specifically agreed the date for delivery of the Goods is not known at time of sale. Any date provided is an estimate only. The Dealer will use its best endeavours to secure delivery of the Goods by the estimated delivery date (if any) but does not guarantee the time of delivery and shall not be liable for any damages or claims of any kind in respect of delay in delivery. The Dealer shall not be obliged to fulfil orders in the sequence in which they are placed.
5.2 Unless specifically agreed the dealer is not responsible for any delays cause by issues outside of their control, including any import or export delays.
6. Price and Payment
6.1 The price of the Goods shall be the price set out in the Order.
6.2 We accept payment by cash (with a maximum limit of £500), MasterCard credit, MasterCard debit, Visa credit and Visa debit (with a £500 limit) and bank transfer/BACS,
6.3 Where the funds are financed, you will be unable to take possession of the Bike until we receive the confirmation that credit has been approved and funds have been received by us, from the Lender.
7. Used Bikes
7.1 If the Bikes to be supplied by the Dealer are used, the Bike is supplied as roadworthy at the date of delivery and, in the case of consumer sales (as defined by the Sale of Goods Legislation):
7.1.1 is sold subject to any conditions or warranties that are implied by the Sale of Goods Legislation or any amending statutes.
7.1.2 Where the goods are purchased by you at a Dealer site; Prior to signing the Order form, the Customer shall examine the Bike and items set out in the Customer’s Certificate of Examination overleaf and the purchaser is reminded that the conditions of satisfactory quality and fitness for purpose implied by the Sale of Goods Legislation do not operate in relation to such defects which the examination ought to reveal. Should the Goods be sold also subject to defects notified by the Seller to the Customer before signing the agreement, the implied conditions of satisfactory quality and fitness for purpose do not operate in relation to those defects.
7.1.3 For purchases made online, or over the phone; Prior to placing a deposit to secure the Bike, the Customer shall examine the Bike by viewing the detailed images and walkaround video of the Bike, as well as the service history (if any). This should be done via the dealers website. Or, When orders are made over the phone, these can be supplied by the sales agent prior to the customer agreeing to the condition and placing a deposit. Once a deposit is placed the electronic order form should be signed. The conditions of satisfactory quality and fitness for purpose implied by the Sale of Goods Legislation do not operate in relation to any defects notified by the Seller to the Customerbefore signing the Order.
7.2 For Business to Business sales only; the Bike description is given as guidance only. You are advised to obtain professional advice as to the Bike’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 Bike before proceeding with the purchase, particularly when agreeing to purchase a Bike over the phone.
7.3 For Business to Business sales only; all statements, conditions or warranties as to the quality of the bike or its fitness for any purpose whether express or implied by law or otherwise are hereby expressly excluded.
7.4 For Business to Business sales only; The Bike 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 Bike is sold as seen.
8. Our New Goods
If the Goods to be supplied by the Dealer are new, the following provisions shall have effect:
8.1 this Agreement and the delivery of the Goods shall be subject to any terms and conditions which the manufacturer or concessionaire may from time to time lawfully attach to the supply of Goods or the resale of such Goods by the Dealer, and the Dealer shall not be liable for any failure to deliver the Goods occasioned by his inability to obtain them from the manufacturer or concessionaire or by his compliance with such terms and conditions. A copy of the terms and conditions currently so attached by the manufacturer or concessionaire may be inspected at the Dealer’s office.
8.2 the Dealer undertakes that they will ensure that the pre-delivery work specified by the manufacturer or concessionaire is performed and that they will use their best endeavours to obtain for the Customer from the manufacturer or concessionaire the benefit of any warranty or guarantee given by them to the Dealer or to the Customer in respect of the Goods and, save in the case of consumer sales (as defined by Legislation) all statements, conditions or warranties expressed or implied by law or otherwise, are hereby expressly excluded.
8.3 notwithstanding the sum for Goods Tax, import duties (or similar taxes or levies), or surcharge imposed by the Goods manufacturer specified in the order, delivery costs, registration costs, the sum payable by the Customer in respect thereof, shall be such sum as the Dealer has legally had to pay or become legally bound to pay for in respect of the Goods. Notwithstanding also the sum for Value Added Tax specified in the order, the sum payable by the Customer in respect thereof shall be the sum for which the Dealer becomes legally liable at the time the taxable supply occurs.
8.4 if after the date of this order and before delivery of the Goods to the Customer, the manufacturer or concessionaires recommended price for any of the Goods shall be altered, the Dealer shall give notice of any such alteration to the Customer, and
8.4.1 in the event of the manufacturers’ or concessionaries recommended price for the Goods being increased, the amount of such increase which the Dealer intends to pass to the Customer shall be notified to the Customer. The Customer shall have the right to cancel the contract within 14 days of the receipt of such notice. If the customer does not give such notice as aforesaid, the Increase in the price shall be added to become part of the contract price.
8.4.2 in the event of the recommended price being reduced, the amount of such reduction, if any, which the Dealer intends to allow to the Customer shall be notified to the Customer. If the amount allowed is not the same as the reduction of the recommended price the Customer shall have the right to cancel the contract within 14 days of the receipt of such notice.
8.5 in the event of the manufacturer of the Goods described in the order ceasing to make the Goods of that type, the Dealer may (whether the estimated delivery date has arrived or not) by notice in writing to the Customer, cancel the contract.
8.6 Save in the case of customer sales (as defined) all statements, conditions, or warranties as to the quality of the Bike or their fitness for any purpose whether express or implied by law or otherwise are hereby expressly excluded.
9. Variation
9.1 Any variation agreed between the Dealer and the Customer regarding the Goods to be supplied shall be deemed to be an amendment to this Contract and shall not constitute a new contract.
10. Delivery/Collection and Payment
10.1 The Customer shall be liable to pay for the Goods immediately upon notification by the Dealer that they are available for delivery. The Dealer may, in its discretion, demand a deposit at the time when the order for Goods is placed by the Customer and shall not be obliged to progress the order or otherwise implement the contract until the deposit is paid in full.
11. Responsibility for loss or damage suffered by you
11.1 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.
(c) we are not seeking to exclude liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation.
12. How we may use your Personal Information
12.1 We will use the personal information you provide to us:
(a) to supply the Goods to you;
(b) to process your payment for the Goods; and
(c) if you agreed during the order process, to give you information about similar Goods that we provide, but you may stop receiving this at any time by contacting us.
13. Ending the Contract
13.1 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
14. General Legal Terms
14.1 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.
15. Return of Deposit
15.1 For Used Bikes, If the contract is cancelled under the provisions of clause 8 above the deposit shall be returned to the Customer and the Dealer shall be under no further liability.
16. Retention of Title and Risk
16.1 Risk of damage to or loss of the Goods are at the risk of the Customer as soon as they are delivered by the Dealer to the Customer. Collection shall take place at the premises of the Dealer unless the parties otherwise agree in writing.
17. Right of Lien
17.1 The Dealer shall have a general lien on any property of the Customer in its possession for all monies owing to the Dealer by the Customer on any account whatsoever.
18. Part Exchange
18.1 Where the Dealer agrees to allow part of the price of the Goods to be discharged by the customer delivering a used Bike to the Dealer, in consideration of such allowance it is hereby agreed to be given and received and such used Bike is hereby agreed to be delivered and accepted, as part of the sale and purchase of the Goods and upon the following further conditions.
19. Authority to Contract
19.1 Goods supplied by the order of any person in the Customer’s employment or by any person reasonably believed by the Dealer to be the Customer’s agent or by any person to whom the Dealer is entitled to make delivery of the goods shall be paid for by the Customer.
20. Authority to Uplift
20.1 Where a person who, so far as the Dealer is aware, has authority to uplift Goods or Bikes and does so, the Dealer shall have no liability to the Customer for any loss or damage resulting on any grounds whatsoever. It shall not be obligatory upon the Dealer to confirm the authority of any person reasonably believed to be the agent, or to have been at some time, connected with the Customer.
21. Authority to Ride
21.1 In connection with the supply of a Bike or an inspection or testing or the preparation of any estimate in connection therewith, the Dealer shall be entitled to ride the bike on the road or elsewhere as it shall deem necessary. These provisions shall apply also to any Bike offered by the Customer in part-exchange in terms of clause 17.
22. Finance
22.1 Notwithstanding the provisions of this agreement the Customer shall be at liberty before the expiry of 7 days after notification to him that the Bike has been completed for delivery to arrange for a finance company to purchase the Bike from the Dealer at the price payable hereunder. Upon the purchase of the Bike by such finance company, the proceeding clauses of this agreement except 8.2 shall cease to have effect but any used Bike for which an allowance was there under agreed to be made to the Customer shall be bought by the Dealer at the price equal to such allowance, upon the conditions set forth in clause 18 above (save that in 18.3, 18.4 and 18.5 thereof all reference to ‘delivery’ or ‘delivered’ in relation to the ‘Goods’ shall be construed as meaning delivery or delivered by the Dealer to or to the order of the finance company) and the Dealer shall be accountable to the finance company on behalf of the Customer for the said price and any deposit paid by him under this agreement.
23. Notices
23.1 All written notices given by the Dealer to the Customer shall take effect 24 hours after being despatched by the Dealer in the normal course of post to the Customer’s address shown overleaf.
24. Export Outside the UK
24.1 The Dealer reserves the right to cancel this order if it believes that;
25. Distance Selling
25.1 If, and only if, the Customer has acted as an individual (including sole traders) acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession and this Agreement 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.
26. Storage Charges
26.1 The Dealer reserves the right to make a reasonable daily charge for the storage of the customer’s bike or bikes.
27. Dispute resolution/ Jurisdiction
27.1 This Purchase Order and Contract shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.
Model Cancellation Notice
[INSERT ADDRESS
HERE
INCLUDING EMAIL/FAX NUMBER]
Dear [YOUR NAME HERE]
Re: [INSERT PRODUCT DESCRIPTION]
Ordered on: [INSERT DATE HERE]
Received on: [INSERT DATE HERE]
[I/We] hereby give notice that [I/We] cancel [my/our] contract of sale of the [goods /service] above/p>
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s)
Date