Terms and Conditions of Sale – Consumers and Traders
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.
10.2 The costs of delivery will be as notified to you during the order process prior as part of agreeing the sale/purchase and before entering into any contract.
10.3 Delivery of the Goods shall take place at the pre-agreed delivery address, or collection from the Dealer premises.
10.4 Please note that we can only collect/deliver to mainland England, Scotland and Wales.
10.5 If you have asked to collect the Goods you have ordered from our premises, then you must make a pre-booked appointment to collect it any time during our advertised opening hours.
10.6 If you arranged for delivery and no one is available at your address to take delivery, we will contact you to rearrange delivery or collection of the Bike.
10.7 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 and recover from you all losses incurred as a result of the same.
10.8 The Goods will be your responsibility from the time we deliver it to the address you gave us or you collect it from us.
10.9 You own the Goods you have ordered once we have received payment in full. Until we have received full payment, the customer will store the Goods separately from their own goods in a manner which makes it readily identifiable as Superbike Factory’s Goods.
10.10 We need certain information from you so that we can supply the Goods to you, for example, your name, business name if applicable, address and contact information. We will contact you to ask for this information. Or you will be requested to enter it on our website.
10.11 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 Goods late or not supplying any part of them if this is caused by you not giving us the information, or if it is incorrect.
10.12 We may have to suspend the supply of a Goods to:
(a) update the Goods to reflect changes in relevant laws and regulatory requirements; or
(b) make changes to the Goods as notified by us to you.
10.13 We will contact you in advance to tell you if we will be unable to supply a Bike, except in an emergency. You may contact us to end the contract for Goods if we cannot provide the Goods ordered for a period of more than 30 days after the Goods are ordered and we will refund any sums you have paid in advance for the Goods in respect of the period after you end the contract. There will be no further liability from the us to you after you end the contract.
10.14 Delivery dates provided are only an estimate and we are not obliged to fulfil orders in any sequence in which they have been placed.
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.
12.2 We will only give your personal information to other third parties where the law either requires or allows us to do so. Or in line with our privacy policy.
12.3 For further information on how we may use your personal information and associated rights please see our privacy policy which is available at https://www.superbikefactory.co.uk/privacy-policy.php
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
(b) it is of the reasonable opinion that performance of the Contract would, cause it to be in breach of any laws;
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.
14.2 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.
14.3 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.
14.4 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 the 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.
14.5 These terms are governed by the Law of England and Wales only.
14.6 There can be no variation to these terms and conditions unless agreed and signed by the parties.
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.
15.2 For New Bikes, deposits are refundable but will be subject to admin fee deductions incurred by Superbike having to register.
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.
16.2 Goods shall remain the sole and absolute property of the Dealer as legal owner until such time as the Customer shall have paid to the Dealer the full price together with all storage charges and interest that may be due to the Dealer under this contract. Until payment in full as aforesaid has been made the Customer acknowledges that they are in possession of the goods solely as agent of the Dealer.
16.3 Until the Customer becomes owner of the Goods, they will store them separately from his own goods or those of any other person and in a manner which makes them readily identifiable as the goods of the Dealer.
16.4 The Customer’s right to possession shall cease if they, not being a company, become bankrupt or If they, being a company, does anything or fails to do anything which would entitle a receiver to take possession of any assets or which would entitle any person to present a petition for winding-up. The Dealer may for the purposes of recovery of the goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess them.
16.5 The Customer shall be at liberty to agree to sell on the Goods or any product produced from or with the Goods subject to the express condition that such an agreement to sell shall take place as agents (save that the Customer shall not hold himself out as such) for the Dealer, whether the Customer sells on his own account or not and that the entire proceeds thereof are held in trust for the Dealer and are not mingled with other monies or paid into any overdrawn bank account and shall be at all times Identifiable as the Dealer’s monies.
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.
18.1.1 that the Dealer accepts the used Bike in reliance of the warranties granted by the Customer overleaf.
and
18.1.2 that such used Bike is the absolute property of the Customer and is free from all encumbrances.
OR
18.1.3 that such used Bike is the subject of a hire purchase or agreement or other encumbrance capable of cash settlement by the Dealer, in which case the allowance shall be reduced by the amount required to be paid by the Dealer in settlement thereof. 18.2 that if the Dealer has examined the said used Bike prior to his confirmation and acceptance of this order, the used Bike shall be delivered to them in the same condition at the date of such examination (any reasonable wear and tear and no cosmetic damage excepted)
18.3 that such used Bike shall be delivered to the Dealer on or before delivery of the Goods to be supplied by them hereunder, and the property in the said used Bike shall thereupon pass to the Dealer absolutely.
18.4 That without prejudice to 18.3 above, such used Bike shall be delivered to the Dealer within 14 days of notification to the customer that the Bike to be supplied by the Dealer is available for Delivery.
18.5 if the Bike to be delivered by the Dealer, through no default on the part of the Dealer, shall not be delivered to the Customer within 30 days after the date of this order or the estimated delivery date, where that is later, the allowance on the said used Bike shall be subject to a reduction by an amount not exceeding 2.5% for each completed period of 30 days from the date of the expiry of the first mentioned 30 days, to the date of delivery to the Customer of the Bike.
In the event of the non-fulfilment of any of the foregoing conditions, other than 18.5 the Dealer shall be discharged from any obligations to accept the said used Bike or to make any allowance in respect thereof, and the Customer shall discharge in cleared funds the full price of the Bike to be supplied by the Dealer.
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;
24.1.1 The Customer intends to resell the Goods outside the United Kingdom for commercial gain within a period of 12 months; or
24.1.2 where the Customer is a corporation its place of business is not within the United Kingdom ; or
24.1.3 where the Customer is a finance company, that the Goods are not being purchased on behalf of an end user and such end user is not resident nor has its place of business within the United Kingdom.
24.2 The Customer shall indemnify the Dealer and keep the Dealer indemnified from all and any liability and direct losses (to include but not limited to any service commission paid to the manufacturer and any debit back of profit margin from the manufacturer), damages, costs or expenses which the Dealer sustains or incurs as a result of the Customer exporting or selling (whether directly or indirectly through any third party) the Goods outside the United Kingdom.
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.
25.2 This cancellation period will expire 14 days after the day on which you, or a third party on your behalf, takes delivery or otherwise acquires physical possession of the Goods. To exercise this right to cancel, you must inform us of your decision to cancel this Agreement in writing by clear statement (e.g. a letter sent by post, fax or email) to our address as set out overleaf. You may use the attached model cancellation form if you wish.
25.3 To meet the cancellation deadline, it is sufficient for you to send your communication confirming your exercise of the right to cancel before the cancellation period has expired.
25.4 If you cancel this Agreement, we will reimburse to you all payments received from you under this Agreement, without undue delay, and not later than:-
(a) 14 days after the day on which the we receive the Goods back; or
(b) If there were no Goods supplied, 14 days after the day on which we are informed about your decision to cancel this Agreement.
25.5 We will make the reimbursement using the same means of payment as you have used for the initial transaction, unless you have expressly agreed otherwise, with the exception of deposits paid in cash, we will refund you via a Bank Transfer. In any event, you will not incur any fees as a result of the reimbursement.
25.6 We may withhold reimbursement until we have received the Goods back. You should send back the Goods or deliver them back to us at the address shown overleaf, without undue delay and in any event not later than 14 days after the day on which you communicate your cancellation of this Agreement to us.
25.7 This deadline is met if you send back the Goods before the period of 14 days has expired. We will require that you bear the cost of returning the Goods to us.
25.8 You must take reasonable care of the Goods and will be responsible for any loss or damage from when they are delivered to you until when they are returned to us.
25.9 You are liable for any diminished value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.
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.
27.2 In the event of a dispute please contact Superbike Factory Limited, to raise a dispute. For details of the dispute process please see the website for more information.
27.3 In the event of a dispute the parties agree to attend Alternative Dispute Resolution process, details to be provided upon request.
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
