Terms & Conditions the Supply and Purchase of Motor Vehicles
(Nothing in this document shall restrict the statutory rights of a consumer)
Biker Emporium Ltd TA Bike Treads Motorcycle Centre. Kennedy Drive, Eldene, Swindon, Wiltshire, SN3 3SB
In these terms and Conditions:
Contract: shall mean the contract, as evidenced by a signed Order or Order Form, between Biker Emporium Ltd TA Bike Treads Motorcycle Centre and the Customer.
Customer: shall mean the person, firm or company identified in or by means of the Contract as purchasing Goods or Services and references to the singular shall include the plural (and vice versa) and where applicable references to the male, female or neuter gender shall include reference to all other such genders where the context so requires.
(a) The order for sale of a motor vehicle by us, Biker Emporium Ltd TA Bike Treads Motorcycle Centre (“Bike Treads”), at the agreed price (“the Total Retail Price”) and any allowance in respect of a used motor vehicle offered by you (“the Customer”) incorporates the following clauses and only becomes binding after being accepted by Bike Treads. (b) The order (except where varied by an agreement between the parties which is recorded in writing and signed by an authorised representative of Bike Treads) shall constitute the entire contract between the parties.
(a) Bike Treads will use its best endeavours to secure a delivery date or dates but shall be under no liability whatsoever for loss occasioned by delay in delivery arising out of any cause beyond the control of Bike Treads. (b) The Goods as described on the face of the order form (“the Goods”) may be delivered by Bike Treads or its agent in advance of the estimated delivery date upon giving 7 days prior notice to the Customer. (c) If the Goods are not delivered within 42 calendar days of the estimated delivery date (if any) the Customer or Bike Treads may elect by notice in writing to the other party to cancel this contract. Upon such cancellation the Customer’s deposit shall be returned and Bike Treads shall be under no further liability to the Customer. If no estimated delivery date is given, Bike Treads will deliver the Goods within 1 month of the Goods being made available to it. (d) Delivery shall be deemed to have been made on the date that the Goods are made available for collection by the Customer and Bike Treads has given notice to the Customer that the Goods are ready for collection. The Goods will be physically delivered by Bike Treads to the Customer only where agreed by Bike Treads and at the Customer’s cost. (e) Bike Treads may at any time cancel the contract if the manufacturer ceases to make the Goods or if the manufacturer ceases to supply the Goods to the UK market. If Bike Treads is unable to supply any option or accessory, whether factory fitted or otherwise, Bike Treads may at its discretion either substitute a reasonable equivalent or delete the option or accessory from the contract. If any accessory is deleted the purchase price shall be adjusted by the price thereof. The inability of Bike Treads to supply an option or accessory shall not constitute a breach of contract or entitle the Customer to reject the Goods.
3. PRICE AND PAYMENT
(a) The Customer shall not be permitted to collect and take away the Goods until the Total Retail Price of the Goods as stated on the order form has been discharged in full (without set-off or counterclaim) unless this condition has been expressly excluded in writing by an authorised representative of Bike Treads. Time of payment shall be of the essence. (b) Accepted methods of payment are Cash, BACS, CHAPS, fast electronic transfer and most debit cards. (c) If the Total Retail Price or any part of the price for the Goods is to be paid by cash (the maximum amount of a cash payment that is permissible being £9,000 or 15,000 euro’s in value and receipts to be signed by two Bike Treads) such payment or part payment may be made on the day of collection.
4. FAILURE TO COLLECT GOODS
If the Customer shall fail to collect and/or pay for the Goods within 14 days of delivery (as provided for in clause 2(d)) then Bike Treads may at its option either store the Goods at the Customer’s cost or, upon giving the Customer 7 days’ notice of its intention to do so, elect to treat the contract as repudiated by the Customer and thereupon any sums paid by the Customer shall be returned less a sum equivalent to a reasonable administration fee, any damages, loss or expenses which Bike Treads may have suffered or incurred by reason of the Customer’s default (including as a result of selling such vehicle at a lower value) and/or storage costs and Bike Treads shall be under no further liability to the Customer. Bike Treads may, at its option following such repudiation elect to return any part-exchange vehicle or to retain it at any agreed trade-in price (in which case the agreed trade-in price shall be treated as part of the sums paid for the purpose of this clause).
5. PART EXCHANGE
In the event that Bike Treads agrees to accept a used motor vehicle from the Customer as partial payment of the Total Retail Price (“Allowance”) such agreement shall be subject to any declarations made on the face of the order or purchase invoice and the following conditions: (a) the Customer warrants that: (i) the Customer has good title to the used motor vehicle; (ii) it is unencumbered by any third party interest whatsoever; or (iii) the Customer has declared all encumbrances or interests to which the used motor vehicle is subject; (iv) the particulars of the used motor vehicle given by the Customer are correct and that so far as the Customer is aware the odometer reading is accurate; (v) other than as declared by the Customer and so far as the Customer is aware the used motor vehicle has not been the subject of any accident or any other damage of whatsoever nature and howsoever caused or any insurance claims or total loss claims; (vi) other than as declared by the Customer the used motor vehicle was first supplied by the manufacturer’s official distributor for the UK; (vii) other than as declared by the Customer the date of first registration on the registration documents is the date on which the used motor vehicle was new and first used; (viii) other than as declared by the Customer the used motor vehicle has not had any performance upgrades, non-manufacturer approved accessories or alterations contrary to the manufacturer's specifications; (ix) the used motor vehicle is type approved. (b) if any encumbrances or interests are capable of cash settlement Bike Treads may elect to discharge such interests and deduct expenditure from the exchange value offered; (c) the used motor vehicle will be delivered in the same condition as at the date it was examined by Bike Treads (fair wear and tear excepted); (d) the used motor vehicle shall be delivered to Bike Treads upon collection of the Goods together with all spare key sets, spare alarm remotes, registration documents, service documentation, MOT certificate, service invoices, warranty documentation and all other appropriate documentation and with the registration book completed and for the avoidance of doubt the Customer shall not be permitted to collect the Goods until the used motor vehicle shall have been delivered to Bike Treads; (e) title to the used motor vehicle shall pass absolutely on delivery to Bike Treads; (f) the exchange value quoted by Bike Treads shall be binding on Bike Treads for one calendar month from the date of the order, unless a different period is stipulated in the order. If the exchange value is no longer binding on Bike Treads when the Goods are ready for delivery, Bike Treads will give a current figure for the value of such part-exchange, at which point the Customer will have the option to accept the revised part-exchange value or not to part-exchange such used motor vehicle, provided always that the Customer shall still be obliged to purchase the Goods; (g) in the event that any of the warranties in clause 5(a) prove to be untrue or there is a breach of clause 5(c), Bike Treads shall be entitled to revise the Allowance to take account of such breach and where there is a reduction in the Allowance the Customer shall be liable to pay the difference between the original and reduced Allowances to ensure payment of the Total Retail Price of the Goods in accordance with clause 3 of these terms and conditions.
6. CHERISHED NUMBER PLATE
Where the Goods have a personalised or cherished number plate, unless stated on the face of the order, the Customer shall not be entitled to assume that such number plate is available with the Goods and the Customer will provide all reasonable assistance to Bike Treads to facilitate transfer of the registration.
7. NEW GOODS/USED GOODS
(a) Where the Goods to be supplied by Bike Treads are new, then the following additional conditions shall apply: (i) the Customer shall be bound to pay any amount of tax and value added tax or other tax or duty that Bike Treads has legally become bound to pay, notwithstanding any amount specified on the order form; (ii) if before delivery of the Goods the manufacturer/concessionaires recommended retail price for the Goods shall be increased Bike Treads may give notice (“Notice”) of its intention to pass on to the Customer such increase, upon receipt of such Notice the Customer shall be entitled by notice in writing to Bike Treads to cancel the contract within 21 days of the date of the Notice. Upon such cancellation any deposit paid by the Customer shall be returned and Bike Treads shall be under no further liability to the Customer. If no notice is received by Bike Treads from the Customer within the stated period then the Customer shall be bound to purchase the Goods at the increased price; (iii) in the event that the manufacturer is unable to accept the order for the Goods then Bike Treads may, by notice in writing to the Customer cancel the contract. Upon such cancellation any deposit paid by the Customer shall be returned and Bike Treads shall be under no further liability to the Customer. (b) In the event that the Goods were not originally supplied via the manufacturer’s official distributor for the United Kingdom the Customer accepts that the specification may vary from the British specification.
(a) Bike Treads shall use all reasonable endeavours to pass the benefit of any manufacturer’s warranty on to the Customer. In the case of a new vehicle, the Goods shall be warranted by the manufacturer to be free from defects in materials and workmanship on manufacture and Bike Treads shall repair any faults which arise in accordance with such warranty for at least one year from the date of first registration with no mileage limitation. In the event of a used motor vehicle being purchased where the original manufacturer’s warranty has expired Bike Treads shall repair any faults which arise for 1 month or 1,000 miles, after purchase whichever is the minimum. Any parts which require replacement during the period of the manufacturer's warranty as a result of wear and tear (for example but without limitation, the brake pads) are excluded from the warranty. The manufacturer's warranty is not affected by any change of ownership of the Goods. Remedial work under such warranty may be carried out by any dealer approved by the relevant manufacturer (“a Dealer”) at whose sole option any defective parts will be repaired or replaced. Any part replaced under the manufacturer's warranty is warranted to be free from defects in parts and materials until expiry of the original vehicle warranty. The manufacturer's warranty does not apply if and to the extent that the defect is caused or worsened by one of the following circumstances: (i) after discovering the defect the Customer has failed either to inform Bike Treads or to have the defect examined by a Dealer without reasonable delay; (ii) has failed to give a Dealer the option to repair the Goods without reasonable delay; (iii) the Goods or any part thereof have been subject to misuse, negligence, or accident or use for racing or similar sports; (iv) if the Goods have been repaired or maintained and that repair or maintenance has not been carried out by or through a Dealer and/or otherwise in accordance with the manufacturer’s recommendations; (v) parts, components or accessories have been installed into the Goods the use of which have not been approved by the manufacturer or if the Goods have been altered or modified in a manner not approved by the manufacturer. (vi) instructions concerning the treatment, maintenance and care of the Goods have not been adhered to. (b) In the case of the Goods being a second-hand vehicle, Bike Treads shall transfer to the Customer the unexpired portion of the manufacturer’s warranty (if any) together with any used vehicle warranty made available with respect to the Goods as stated on the front of the order. The Customer acknowledges that in the case of the Goods being a second-hand vehicle the Goods will be sold: (i) subject to such wear and tear as is reasonable for a vehicle of its age, type, usage and mileage; and (ii) subject to paintwork and/or bodywork repairs that may have been carried out to it.
9. EXAMINATION OF GOODS AND RELIANCE
(a) Prior to signing the order form the Customer shall examine the Goods to be purchased (if such are available for inspection) and the Customer is reminded that the condition of satisfactory quality implied by legislation does not operate in relation to such defects which such an examination ought to reveal. If the Goods are sold subject to defects which have been notified by Bike Treads to the Customer before the signing of the order, the condition of satisfactory quality referred to above does not operate in relation to those defects. (b) The Customer confirms that it has satisfied itself as to the suitability of the Goods for its requirements and has not relied upon Bike Treads skill or knowledge regarding the Goods' fitness for any particular purpose or use.
Without prejudice to the terms of the manufacturer’s warranty, where any valid claim in respect of the Goods which is based on any defect in the quality or condition of the Goods based on materials or workmanship or their failure to meet the specification is notified to Bike Treads, Bike Treads shall be entitled at its sole discretion either to replace or repair the Goods (or the part in question) free of charge or to refund to the Customer the price of the Goods (or a proportion part of the price), but Bike Treads shall have no further liability to the Customer. Bike Treads will not be liable where any defect results from or is worsened by one of the following circumstances:- (a) after discovering the defect the Customer has failed either to inform Bike Treads or to have the defect examined by a Dealer or other appropriate expert without unreasonable delay; (b) has failed to give Bike Treads the option to repair the Goods without unreasonable delay; (c) the Goods or any part thereof have been subject to misuse, negligence, or accident or use for racing or similar sports; (d) the Goods have been repaired or maintained and that repair or maintenance has not been carried out by or through a Dealer and/or otherwise in accordance to the manufacturer’s recommendations; (e) parts, components or accessories have been installed into the Goods the use of which have not been approved by the manufacturer or if the vehicle has been altered or modified in a manner not approved by the manufacturer; (f) instructions concerning the treatment, maintenance and care of the Goods have not been adhered to; (g) wear and tear.
11. CONSUMER TRANSACTIONS
Where the Goods are sold under a consumer transaction as defined by the Consumer Transactions (restriction on statements) Order 1976 the statutory rights of the Customer are not affected by any of these terms and conditions.
12. SALE TO INTERMEDIARIES OR THIRD PARTIES
The Customer confirms that it is not purchasing the Goods as an intermediary or reseller unless specifically agreed by Bike Treads to the contrary. Bike Treads may, at its discretion refuse to change the Customer’s details or identity on the order or register the Goods to anybody other than the Customer.
Notwithstanding the provisions of this contract the Customer may, within 7 days of receipt of notification that the Goods are ready for delivery arrange for a finance company to purchase the Goods from Bike Treads at the price payable as stated on the order form. Bike Treads shall not release the Goods until the Total Retail Price has been discharged in full, including receipt of cleared funds from the said finance company.
Any notice that is given hereunder may be given in writing, by electronic mail or communicated verbally. Notices in writing shall be posted or faxed to the residence or place of business of the person to whom it is addressed and shall be deemed to have been received, in the case of facsimile or electronic mail on the day of transmission and in the case of notice given by post, within two days of posting.
Any waiver by Bike Treads or the Customer of any breach of contract by the other shall be in writing and shall not be construed as a waiver of any subsequent breach of the same or of any other provision. Without prejudice to the generality of the foregoing, failure by either party to enforce at any time or for any period any one or more of these terms and conditions shall not be a waiver of them or of the right at any time subsequently to enforce all of them.
16. INVALIDITY OF THESE TERMS
If any provisions of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the remaining provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby. As far as it is possible to do so any clause that is in whole or in part invalid or unenforceable shall be interpreted with the minimum possible amendment so that the clause or part thereof shall be construed in such a way as to give effect as far as possible to the previously expressed intent of the said clause.
17. APPLICABLE LAW
This contract shall be governed by the Laws of England and Wales and the parties shall submit to the jurisdiction of the English Courts.
18. THIRD PARTY RIGHTS
No person who is not a party to the contract may in its own right enforce any terms of the contract provided that this clause shall not affect any right of action of any person to whom this contract is lawfully assigned.
19. RETENTION OF TITLE
(a) Notwithstanding delivery, collection and/or the passing of risk in the Goods, or any other provision of these terms and conditions, the title in the Goods shall not pass to the Customer until the Total Retail Price has been discharged in full and, in the case of a payment by cheque, the cheque has been cleared. (b) Until such time as the title in the Goods passes, the Customer shall keep the Goods safely stored, protected and insured and identified as Bike Treads property. (c) Until such time as the title in the Goods passes to the Customer, Bike Treads shall be entitled at any time to require the Customer to deliver up the Goods to Bike Treads and if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods. (d) The Customer shall not be entitled to sell, pledge or in any way charge by way of security for any indebtedness any Goods which remain the property of Bike Treads, but if the Customer does so all monies owing by the Customer to Bike Treads shall (without prejudice to any other right or remedy of Bike Treads) forthwith, become due and payable.
20. NEW GOODS
Where the Goods to be supplied by Bike Treads are new, then this contract and the provisions for delivery of the Goods shall be subject to any terms and conditions which the manufacturer/concessionaire may lawfully have imposed on the supply of the Goods or the resale of the Goods by Bike Treads. Bike Treads shall not be liable for any failure or delay in delivering the Goods caused by or resulting from Bike Treads compliance with the manufacturers/concessionaire’s terms and conditions. A copy of the current terms and conditions of the manufacturer/concessionaire is available for inspection at Bike Treads premises.
Except as provided by law, or under clauses 2(c), 7(a)(iii) or 22 of these terms and conditions, no order which has been accepted by Bike Treads may be cancelled by the Customer except with the agreement in writing of Bike Treads and on terms that the Customer’s deposit shall be forfeit and further that the Customer shall indemnify Bike Treads in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Bike Treads as a result of cancellation.
22. DISTANCE SELLING
Where the Customer is acting as a Consumer, if this Agreement has been conducted without any face to face contact between BIKER EMPORIUM LTD TA BIKE TREADS MOTORCYCLE CENTRE and the Customer, or anyone acting on each party’s respective behalf, the Customer has the right to cancel this Agreement without giving any reason. The cancellation period will expire 14 days from the day on which the Customer takes delivery of the vehicle.
To exercise the right to cancel, the Customer must inform the company of their decision to cancel this Agreement in writing by clear statement (e.g. a letter sent by post, fax or email).
The Customer shall pay the Company an amount which is in proportion to that service performed until they communicated their cancellation of the Agreement.
If the Customer cancels this Agreement, the Company will reimburse to the Customer all payments received from the Customer under this Agreement, without undue delay, and not later than: -
The Company will make the reimbursement using the same means of payment as the Customer has used for the initial transaction, unless the Customer has expressly agreed otherwise, but in any event the Customer will not incur any fees as a result of the reimbursement.
The Company may withhold reimbursement until the Company has received any Goods back or the Customer has sent evidence of having sent back any Goods and all relevant paperwork to the Company, whichever is the earliest. The Customer should send back any Goods and all relevant paperwork or deliver them back to the Company at the address shown overleaf, without undue delay and in any event not later than 14 days after the day on which the Customer communicates cancellation of this Agreement to the Company.
This deadline is met if the Customer sends back any Goods and all relevant paperwork before the period of 14 days has expired. The Company will require that the Customer bears the cost of returning any Goods and all relevant paperwork to the Company.
The customer is liable for any diminished value of the goods resulting from the handling other that what is necessary to establish the nature, characteristics and functioning of the goods.
The company will make deductions for the following: £1.00 per mile of usage from the recorded delivery mileage, any reconditioning, including cleaning, required to restore the vehicle to its original delivery condition will be charged at £60.00 INC VAT per hour plus any parts or material.
23. DEFECTIVE GOODS
Without prejudice to clause 8 above any claim by the Customer which is based on any defect in the quality or condition of the Goods on delivery or their failure to correspond with specification shall (whether or not delivery is refused by the Customer) be notified to Bike Treads within 14 days from the date of collection of the Goods or the date of refusal of delivery as the case may be or (where the defect or failure is not apparent upon reasonable inspection) within a reasonable time after the discovery of the defect or failure. If delivery is not refused, and the Customer does not notify Bike Treads as above the Customer shall be deemed to have accepted the Goods.
Except in respect of death or personal injury caused by Bike Treads negligence, or any loss caused by the fraud of Bike Treads, Bike Treads shall not be liable to the Customer by reason of any representation, or any implied warranty, condition or other terms, or any duty at common law, or under the express terms of this contract, for any: (a) loss or damage incurred by the Customer as a result of third party claims; (b) loss of actual or anticipated profits; (c) loss of business opportunity; (d) loss of anticipated savings; (e) loss of goodwill; (f) injury to reputation; (g) any indirect, special or consequential loss or damage howsoever caused even if Bike Treads was advised of the possibility of them in advance; or (h) any direct or indirect loss or disappointment caused by the cancellation of the contract. which arise out of or in connection with the supply of the Goods or their resale by the Customer, except as expressly provided in these terms and conditions. Nothing in this clause shall operate to restrict or exclude Bike Treads liability or limit the Customer’s rights in any way that cannot be restricted, excluded or limited by law.
25. FORCE MAJEURE
Bike Treads shall not be liable to the Customer or be deemed to be in breach of the contract for reason of any delay in performing or any failure to perform, any of Bike Treads obligations in respect of the Goods, if the delay or failure was due to any cause beyond Bike Treads reasonable control including (without limitation) any failure to deliver the Goods occasioned by strikes, inclement weather, civil unrest, an inability to obtain the Goods from the importer or from the manufacturer.
(a) This clause applies if: (i) the Customer (being a company) makes any voluntary arrangement with its creditors or becomes subject to an administration order or has an administrative receiver appointed or goes into insolvent liquidation or (being a partnership) becomes wound-up or a receiver is appointed or enters into an individual voluntary arrangement; or (ii) the Customer (being an individual) enters into an arrangement, compromise or composition in satisfaction of debts with his creditors or a bankruptcy, or; (iii) an encumbrancer takes possession of any of the property or assets of the Customer; (iv) Bike Treads reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer accordingly, or; (v) Bike Treads has reasonable cause to believe that the Customer will be unable to meets its financial obligations in respect of this agreement, or. (vi) Bike Treads becomes aware that the Customer is in breach of clause 12, or; (vii) the Customer is in material breach of any obligations under the contract. (b) If this clause applies, without prejudice to any other right or remedy available to Bike Treads, Bike Treads shall be entitled to cancel this contract or suspend delivery under this contract and forfeit any deposit paid by the Customer without any liability to the Customer, and if the Goods shall have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
The Customer shall be deemed to be personally liable for the contract even though he shall hold himself out as acting as agent for a principal and despite him having purported to sign the order form in a representative capacity so that the liability of the agent and principal shall be joint and several. The Customer warrants that he has the authority to bind the principal to the contract as agent on its behalf.
Bike Treads shall keep and use any data relating to the Customer in accordance with the provisions of all relevant data protection legislation and the Customer consents to such data being kept and used for appropriate purposes, including informing the Customer of any offers or other matters of interest from time to time.
29. Errors and Omissions Excepted
Every care is taken to ensure that all information on this website is present and correct, although errors may exist. If you find an error or omission, please let us know, and it will be corrected as soon as possible after verification. If errors and / or omissions are present, it is not possible to offer the exact described product at the specified price, so we apologise for any inconvenience this may cause. It is advisable to check both specification and pricing before quoting, ordering or using information provided on this website.
Biker Emporium Ltd Copyright© 2020
Bike Treads Motorcycle Centre is a trading name of Biker Emporium LTD (FCA no. 795445) who is acting as a credit broker and not a lender.