THELMOCO Terms & Conditions of Sale
THE ELECTRIC MOTORBIKE
Terms & Conditions of Sale
In these conditions:
‘The Buyer‘ means any
person who places an order and enters into a contract with The Electric
Motorbike Company Ltd of Greenhill House, 26 Greenhill Crescent, Watford, WD18
8JA Registered in England under number
11136345 (The Seller) for the sale of Goods and or Vehicles.
‘Consumer’ means a Customer,
being an individual who, for the purposes of the purchase, is acting wholly or
mainly outside of their trade, business, craft or profession.
‘Conditions ‘mean the standard
terms and conditions of sale set out in this document and (unless the context
otherwise requires) includes any special terms and conditions agreed in writing
between The Buyer and The Seller.
‘Contract ‘means the contract for
the purchase and sale of the Goods.
‘Customer’ means any Consumer or
‘Dealer’ means any person or body corporate engaged in the sale, resale or
maintenance of vehicles to Consumers.
‘Goods ‘means all vehicles, or
other items to be sold by The Seller to The Buyer.
‘Vehicle’” means any car, motorcycle, scooter or moped and generally each and
every accessory to and component thereof.
‘Writing ‘includes email, text,
other messaging media Including but not limited to WhatsApp or Facebook
Messenger), cable, facsimile transmission and any comparable means of
Any reference in these Conditions to any
provision of a statute shall be construed as a reference to that provision as
amended, re-enacted or extended at the relevant time.
The headings in these Conditions are for
convenience only and shall not affect their interpretation.
Basis of Sale
The Seller shall sell and The Buyer
shall purchase the Goods in accordance with the quotation of The Seller, or any
written order of The Buyer (which is accepted by The Seller), subject in either
case to these Conditions, which shall govern the Contract to the exclusion of
any other terms and conditions (including any terms or conditions which The
Buyer attempts or purports to apply under any purchase order, confirmation of
order, specification or other document).
No variation to these Conditions shall
be binding unless agreed in Writing between authorised representatives of The
Buyer and The Seller.
The Seller’s employees or agents are not
authorised to make any representations concerning the Goods unless confirmed by
an authorised officer of The Seller in Writing. In entering into the Contract, The
Buyer acknowledges that it does not rely on, and waives any claim for breach
of, any such representations which are not so confirmed.
Any advice or recommendation given by The
Seller or its employees or agents to The Buyer as to the storage, application
or use of the Goods which is not confirmed in Writing by The Seller is followed
or acted upon entirely at The Buyers own risk, and accordingly The Seller shall
not be liable for any such advice or recommendation.
Any manifest typographical, clerical or
other error or omission in any sales literature, quotation, acceptance of
offer, invoice or other document or information issued by The Seller shall be
subject to correction without any liability on the part of The Seller.
Orders and specifications
Notwithstanding any purported acceptance
by The Buyer of the terms of any quotation of The Seller, no order submitted by
The Buyer shall be deemed to be accepted by The Seller unless and until
confirmed in writing by The Sellers authorised representative.
10. The quantity, quality and description of any specification for the Goods
shall be those set out in The Sellers quotation or The Buyers order (if
accepted by The Seller).
11. If the Goods are to be manufactured or any process is to be applied to
the Goods by The Seller in accordance with a specification submitted by The
Buyer, The Buyer shall indemnify The Seller against all loss, damages, costs
and expenses awarded against or incurred by The Seller in connection with or
paid or agreed to be paid by The Seller in settlement of any claim for
infringement of any patent, copyright, design, trade mark or other industrial
or intellectual property rights of any other person which results from The
Seller’s use of The Buyer’s specification.
12. No order which has been accepted by The Seller may be cancelled by The
Buyer except with the agreement in Writing of The Seller and on terms that The
Buyer shall indemnify The Seller in full against all loss (including loss of
profit), costs (including the cost of all labour, and materials used),
transportation charges, duties, damages, charges and expenses incurred by The
Seller as a result of cancellation.
13. In the event of cancellation, for any reason, the customer agrees to
return the Goods to The Seller in the same condition as when delivered and
indemnifies The Seller against any and all costs it may incur necessary in its
opinion to restore the Goods to the condition in which they were originally
14. Notwithstanding any provision to the contrary in these Conditions all
intellectual property rights in the Goods and any information relating thereto
of whatever nature and whether registerable or not (save where the Goods are
manufactured to the specification of The Buyer) shall vest in and remain the
property of The Seller and accordingly The Buyer shall at all times keep
confidential all such matters and shall not use the same for any purpose
without the consent of The Seller in Writing.
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 the Goods
or the resale of such Goods by the Dealer; and The Seller 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 attached by the manufacturer
or concessionaire may be inspected at The Seller’s office.
The Seller undertakes that they will
ensure that any 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 Seller or to the Customer in
respect of the Goods and, save where the Customer is acting as a consumer (as
defined by Legislation) all statements, conditions or warranties expressed or
implied by law or otherwise, are hereby expressly excluded.
Any figure provided in the contract for
taxes, rebates or grants is provided as guidance only. Notwithstanding the sums
specified in the order, the sum payable by the Customer shall be the net sum
due to The Seller after adding or deducting any taxes, grants and rebates
applicable at the time of completion of the agreement.
if after the date of this order and
before delivery of the Goods to the Customer, the manufacturer’s or
concessionaire’s recommended price for any of the Goods, or specification of
the same shall be altered, The Seller shall give notice of any such alteration
to the Customer, and
in the event of the manufacturer’s or
concessionaire’s recommended price for the Goods being increased, the amount of
such increase which The Seller 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.
in the event of the recommended price
being reduced, the amount of such reduction, if any, which The Seller intends
to allow to the Customer shall be notified to the Customer.
in the event of the manufacturer of the
Goods described in the order ceasing to make the Goods of that type, the
Customer may (whether the estimated delivery date has arrived or not) by notice
in writing to The Seller, cancel the contract on the grounds of frustration.
Save in the case of consumer sales (as
defined) all statements, conditions or warranties as to the quality of the
Goods or their fitness for any purpose whether express or implied by law or
otherwise are hereby expressly excluded.
16. if the goods to be supplied by The Seller are used, the vehicle is
supplied as roadworthy at the date of delivery and, in the case of consumer
sales (as defined by the Sale of Goods Legislation):
is sold subject to any conditions or
warranties that are implied by the Sale of Goods Legislation or any amending
Prior to signing the order form, the
Customer shall examine the Vehicle and items set out in the Customer’s
Certificate of Examination and the Customer 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 have revealed. Should the Goods be sold 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
Save in the case of Consumer sales (as
defined) all statements, conditions, or warranties as to the quality of the
Goods or their fitness for any purpose whether express or implied by law or
otherwise, are hereby expressly excluded.
17. Where The Seller agrees to allow part of the price of the Goods to be
discharged by the customer delivering a used Vehicle in part exchange to The
Seller, in consideration of such allowance, it is hereby agreed that the
following conditions will apply.
That The Seller accepts the used vehicle
in reliance of the warranties granted by the Customer, including but not
limited to the age, mileage and condition of the vehicle; AND
that such used Vehicle is the absolute
property of the Customer and is free from all encumbrances; OR
that such used vehicle is the subject of
a hire purchase or agreement or other encumbrance capable of cash settlement by
The Seller, in which case the allowance shall be reduced by the amount required
to be paid by The Seller in settlement thereof.
If The Seller has examined the said used
vehicle prior to his confirmation and acceptance of this order, the used
vehicle shall be delivered to them in the same condition as at the date of such
examination (fair wear and tear excepted).
Such used Vehicle shall be delivered to The
Seller on or before delivery of the Goods to be supplied by them, and the
property in the said used Vehicle shall thereupon pass to The Seller absolutely.
Without prejudice to the above, such
used Vehicle shall be delivered to The Seller within 14 days of notification to
The Buyer that the Goods to be supplied by The Seller are available for
In the event of the non-fulfilment of
any of the foregoing conditions The Seller shall be discharged from any
obligations to accept the said used Vehicle or to make any allowance in respect
thereof, and The Buyer shall discharge in cash the full price of the Goods to
be supplied by The Seller.
Price of Goods
18. The price of the Goods shall be The Sellers quoted price. All prices
quoted are valid for 30 days only, after which time they may be altered by The
Seller without giving notice to The Buyer.
19. The Seller reserves the right, by giving notice to The Buyer at any time
before delivery, to increase the price of the goods to reflect any increase in
the cost to The Seller which is due to any change in delivery dates, quantities
or specifications for the Goods which is requested by The Buyer, or any delay
caused by any instructions of The Buyer or failure of The Buyer to give The
Seller adequate information or instructions.
20. The Seller reserves the right, by giving notice to The Buyer at any time
up to 7 days before delivery, to increase the price of the Goods to reflect any
increase in the cost to The Seller which is both beyond the reasonable control
of The Seller and due to fluctuations in exchange rates or an increase in the
cost of raw materials occurring after the making of this Contract.
21. The price is exclusive of any applicable value added tax, which The
Buyer shall be additionally liable to pay to The Seller.
Terms of payment
22. The Customer shall be liable to pay for the Goods immediately upon
notification by The Seller that they are available for delivery unless other
payment terms have been agreed in writing at the time of placing the order.
23. The Seller may, at its absolute 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 such deposit is
paid in full.
24. Subject to any special terms agreed in Writing between The Buyer and The
Seller, The Seller shall be entitled to invoice The Buyer for the price of the
Goods immediately prior to delivery or at The Seller’s absolute discretion any
time after delivery of the Goods, unless The Buyer wrongfully fails to take
delivery of the Goods, in which event The Seller shall be entitled to invoice The
Buyer for the price at any time after The Seller has tendered delivery of the
25. Unless otherwise agreed in writing if The Buyer is a Dealer, he shall
pay the price of the Goods within 30 days of the date of The Sellers invoice,
and The Seller shall be entitled to recover the price, notwithstanding that
delivery may not have taken place and the property in the Goods has not passed
to The Buyer. The time of payment of the price shall be of the essence of the
26. If The Buyer fails to make any payment on the due date then, without
prejudice to any other right or remedy available to The Seller, The Seller
shall be entitled to:
Charge interest on any and all outstanding
amounts at the rate of 8 per cent over Bank of England base rate under the
Payment of Commercial Debt (Interest) Act (1988) (amended 2002)
Cancel the contract or suspend any
further deliveries to The Buyer; and
Appropriate any payment made by The
Buyer to such of the Goods (or the Goods supplied under any other contract
between The Buyer and The Seller) as The Seller may think fit (notwithstanding
any purported appropriation by The Buyer).
Right of Lien
27. The Seller shall have a general lien on any property of the Buyer in its possession for all monies owing to The Seller
by the Buyer on any account whatsoever.
28. Unless otherwise agreed in writing delivery of the Goods shall take
place at The Seller’s premises unless agreed differently in writing.
29. If delivery is not made at The Seller’s premises, all delivery charges
shall be for the account of The Buyer.
30. Any dates quoted for delivery of the Goods are approximate only and The
Seller shall not be liable for any delay in delivery of the Goods howsoever
caused. Time for delivery shall not be of the essence.
31. Where the Goods are to be delivered in part shipments, each delivery
shall constitute a separate contract and failure by The Seller to deliver any
one or more of the shipments in accordance with these Conditions or any claim
by The Buyer in respect of any one or more shipments shall not entitle The
Buyer to treat the Contract as a whole as repudiated.
32. Where the date for delivery of the goods is not known at time of sale,
any date provided is an estimate only and is dependent on the provision of the
Goods to The Seller by the Supplier/ Manufacturer. The Seller will use all
reasonable endeavours to secure delivery of the Goods by the estimated delivery
date (if any) but does not guarantee the time of delivery. The Seller shall not
be liable for any loss or damage arising out of late or delayed delivery.
33. The Seller shall not be obliged to fulfil orders in the sequence in
which they are placed.
34. Goods supplied by the order of any person in The Buyer’s employment or
by any person reasonably believed The Seller to be The Buyer’s agent or by any
person to whom The Seller is entitled to make delivery of the vehicle shall be
paid for by The Buyer.
Authority to Uplift
35. Where a person who, so far as The Seller is aware, has authority to
uplift Goods or Vehicles and does so; The Seller shall have no liability to The
Buyer for any loss or damage resulting on any grounds whatsoever. The Seller
shall not be obliged to confirm the authority of any person reasonably believed
to be the agent, or to have been at some time, connected with The Buyer.
Authority to Drive
36. In connection with the supply of a Vehicle or an inspection or testing
or the preparation of any estimate in connection therewith, The Seller shall be
entitled to drive the vehicle on the road or elsewhere as it shall deem necessary.
These provisions shall apply also to any Vehicle offered by the Customer in
part-exchange in terms of clause 17.
37. Notwithstanding the provisions of this agreement, The Buyer shall be at
liberty at any time prior to notification that the Goods are available for
delivery to arrange for a finance company to purchase the Goods from The Seller
at the price payable hereunder. Upon the purchase of the Goods by such finance
company, the proceeding clauses of this agreement except Clause 15 above shall
cease to have effect but any used Vehicle for which an allowance was there
under agreed to be made to The Buyer shall be bought by The Seller at the price
equal to such allowance, upon the conditions set forth in Clause 17 above (save
that all reference to ‘delivery’ or ‘delivered’ in relation to the ‘Goods’
shall be construed as meaning delivery or delivered by The Seller to or to the
order of the finance company) and The Seller shall be accountable to the
finance company on behalf of The Buyer for the said price and any deposit paid
by him under this agreement.
38. In cooperation with Klarna Bank
AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, the Seller may offer the
Buyer financing options. If payment is financed, then payment is to be made to
Klarna. Further information and Klarna’s
user terms can be found here. General information on Klarna
can be found here. Personal data is handled in accordance with applicable
data protection law and in accordance with the information in Klarna’s privacy statement.
Repudiation by Customer
39. If the Customer does not pay for and take delivery his vehicle within 14
days of notification that the vehicle is available for delivery, The Seller
shall be at liberty to treat the contract as cancelled. If this happens, or if
the contract is cancelled for any other reason The Seller shall use all
reasonable endeavours to sell the vehicle to another Customer. Any deposit
received may be refunded but The Seller shall be entitled to recover from the
deposit any and all additional costs incurred in re-selling the vehicle in
addition to any reduction in the sales price achieved. The Seller shall keep
the deposit whilst the vehicle is displayed and advertised as being for sale.
If it is not sold within a reasonable time The Seller shall have the right to
sell it at auction.
40. Once the vehicle has been sold, The Seller shall notify the Customer
within 7 days of any loss incurred. If this amount is less than the deposit,
then the balance will be refunded. If the amount is more than the deposit, then
The Seller shall provide a certificate of loss which shall constitute absolute
proof as to the amount due to The Seller and shall be due and payable on
Risk and property
41. Risk of damage to or loss of the Goods shall pass to The Buyer at the
time of delivery or, if The Buyer wrongfully fails to take delivery of the
Goods, the time when The Seller has tendered delivery of the goods.
42. Notwithstanding delivery and the passing of risk in the Goods, or any
other provision of these Conditions, the property in the Goods shall not pass
to The Buyer until The Seller has received in cash or cleared funds payment in
full of the price of the Goods and all other goods agreed to be sold by The
Seller to The Buyer for which payment is then due.
43. Until such time as the property in the Goods passes to The Buyer, The
Buyer shall hold the Goods as The Sellers fiduciary agent and bailee, and shall
keep the Goods separate from those of The Buyer and third parties and properly
stored, protected and insured and identified as The Sellers property. Until
that time The Buyer shall be entitled to resell or use the Goods in the
ordinary course of its business, but shall account to The Seller for the
proceeds of sale or otherwise of the Goods , whether tangible or intangible,
including insurance proceeds, and shall keep all such proceeds separate from
any moneys or property of The Buyer and third parties and, in the case of
tangible proceeds, properly stored, protected and insured.
44. Until such time as the property in the Goods passes to The Buyer (and
provided the Goods are still in existence and have not been resold), The Seller
shall be entitled at any time to require The Buyer to deliver up the Goods to The
Seller and, if The Buyer fails to do so forthwith, to enter upon any premises
of The Buyer or any third party where the goods are stored and repossess the
45. The Buyer shall not be entitled to pledge or in any way charge by way of
security for any indebtedness any of the Goods which remain the property of The
Seller, but if The Buyer does so all moneys owing by The Buyer to The Seller
shall (without prejudice to any other right or remedy of The Seller) forthwith
become due and payable.
Warranties, indemnities and liability
46. Subject to the conditions set out below The Seller warrants that the
Goods will correspond with their specification and will be free from defects in
material and workmanship at the time of delivery.
47. The above warranty is given by The Seller save that The Seller shall be
under no liability in respect of any defect in the Goods arising from any
drawing, design or specification supplied by The Buyer.
48. The Buyer warrants that he understands the regulations and laws
regarding the safe and legal use of motorcycles and mopeds and certifies that
he or anyone he permits to use the Vehicles holds the necessary licences and
permissions necessary to use the Vehicles legally on the road and indemnifies The
Seller against any and all claims that may arise from improper use of the
Vehicles after he takes possession of them.
49. The Buyer warrants that he holds or will before the Vehicle is ridden,
adequate insurance as required by law and indemnifies and holds harmless The
Seller in respect of any claims arising from uninsured use of the Vehicles.
50. Subject as expressly provided in these Conditions all warranties,
conditions or other terms implied by statute or common law are excluded to the
fullest extent permitted by law.
Electric Motorcycle Warranty
51. Subject to the conditions set out below The Seller warrants that the
Goods will correspond with their specification and will be free from defects in
material and workmanship at the time of delivery.
52. On new Vehicles, The Seller warrants the frame, electric motor,
controller, electric circuits and charger for a period of 24 months from the
date of first registration against any manufacturing defect and The Seller will
repair or replace (at his absolute discretion) on a Return to Base basis any components if the
materials or workmanship in question are defective.
53. The warranty shall not apply to
any item that has been modified,
neglected or poorly maintained, used for commercial purposes, misused or abused
or involved in an accident.
damage resulting from improper assembly
or repair, the use or installation of parts or accessories not compatible with
the original intended use of the Goods, or the failure to follow the product
warnings and usage instructions.
deterioration to the surface finish,
aesthetics or appearance of the product.
labour required to remove and/or re-fit
and re-adjust any item covered by this warranty.
wear and tear arising from normal use of
light bulbs, LEDs, tyres or other
54. The Seller warrants the Lithium ion batteries supplied with the Vehicle
will maintain at least 80% of its initial or rated charge capacity for a period
of 36 months from the date of first registration and The Seller will (at his
absolute discretion) repair or replace the battery and/or parts of the battery
if the components in question are defective in materials or workmanship.
The battery warranty shall not apply if:
the battery casing has been tampered
with or if the manufacturer’s seal is broken
damage is caused by use of a charger not
supplied with the battery or not approved by The Seller
damage is caused by connecting the
battery to a mains supply without using the charger
the Battery Management System has
detected any of the following conditions arising out of misuse of the
batteries: short circuit, reverse polarity, overcharge and over discharge
there is failure to properly install the
there is damage arising from collision,
fire or freezing—which includes damage from extreme heat or cold, improper
storage or water damage
55. Any claim by The Buyer which is based on any defect in the quality or
condition of the Goods or their failure to correspond with specification shall
(whether or not delivery is refused by The Buyer) be notified to The Seller
within 7 days from the date of delivery or (where the defect or failure was not
apparent on reasonable inspection) within a reasonable time after discovery of
the defect or failure. If delivery is not refused, and The Buyer does not
notify The Seller accordingly, The Buyer shall not be entitled to reject the
Goods and The Seller shall have no liability for such defect or failure, and The
Buyer shall be bound to pay the price as if the Goods have been delivered in
accordance with the Contract.
56. Where any valid claim in respect of any of the Goods which is based on
any defect in the quality or condition of the Goods or their failure to meet
specification is notified to The Seller in accordance with these conditions, The
Seller shall be entitled to replace the Goods (or the part in question) free of
charge or, at The Sellers sole discretion, refund to The Buyer the price of the
Goods (or a proportionate part of the price), but The Seller shall have no
further liability to The Buyer.
57. Except in respect of death or personal injury caused by The Sellers
negligence, The Seller shall not be liable to The Buyer by reason of any
representation, or any implied warranty, condition or other term, or any duty
at common law, or under the express terms of the Contract, for any
consequential loss or damage (whether for loss of profit or otherwise), costs,
expenses or other claims for consequential compensation whatsoever (and whether
caused by the negligence of The Seller, its employees or agents or otherwise)
which arise out of or in connection with the supply of the Goods or their use
or resale by The Buyer, except as expressly provided in these Conditions.
58. The Seller shall not be liable to The Buyer or be deemed to be in breach
of the Contract by reason of any delay in performing, or any failure to
perform, any of The Sellers obligations in relation to the Goods, if the delay
or failure was due to any cause beyond The Sellers reasonable control including
without limitation Act of God, explosion, flood, tempest, fire or accident, war
or threat of war, sabotage, insurrection, civil disturbance or requisition, or
any acts, restrictions, regulations, bye-laws, prohibitions or measures of any
kind on the part of any governmental, parliamentary or local authority, import
or export regulations or embargoes, strikes, lock-outs or other industrial
actions or trade disputes (whether involving employees of The Seller or of a
third party), difficulties in obtaining raw materials, labour, fuel, parts or
machinery, and power failure or breakdown in machinery.
Insolvency of The Buyer
59. This clause applies if:
The Buyer makes voluntary arrangement
with its creditors or becomes subject to an administration order or (being an
individual or firm) becomes bankrupt or (being a company) goes into liquidation
(otherwise than for the purposes of amalgamation or reconstruction); or
An encumbrancer takes possession, or a
receiver is appointed, of any of the property or assets of The Buyer; or
The Buyer ceases, or threatens to cease,
to carry on business; or
The Seller reasonably apprehends that
any of the events mentioned above is about to occur in relation to The Buyer
and notifies The Buyer accordingly.
60. If this clause applies then, without prejudice to any other right or
remedy available to The Seller, The Seller shall be entitled to cancel the
Contract or suspend any further deliveries under the Contract without any
liability to The Buyer, and if the Goods have been delivered but not paid for
the price shall become immediately due and payable notwithstanding any previous
agreement or arrangement to the contrary.
61. The Buyer’s right to possession shall cease if they, not being a
company, become bankrupt or if they, being a Body Corporate, do anything, or
fail 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.
62. Should The Buyer’s right of possession cease they will notify The Seller
and immediately make the goods available for collection. The Seller 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
63. If, and only if, The Buyer is a Consumer, and where this Agreement has
been completed away from The Seller’s business premises and/or without any face
to face contact between The Seller and The Buyer; The Buyer may give notice to
cancel this Agreement within 14 days without giving any reason.
64. This cancellation period (cooling off period) will expire 14 days after
the day on which The Buyer, or a third party its behalf, takes delivery or
otherwise acquires physical possession of the Goods. To exercise this right to
cancel, The Buyer must inform The Seller of the decision to cancel this
Agreement in writing by clear statement (e.g. a letter sent by post, fax or
email) to The Seller’s address as set out above.
65. To meet the cancellation deadline, it is sufficient for The Buyer to
send his communication confirming his exercise of the right to cancel before
the cancellation period has expired.
66. If this Agreement is cancelled, The Seller shall reimburse all payments received
under this Agreement, without undue delay, and not later than:-
67. 14 days after the day on which the Goods are received back; or
(if earlier) 14 days after the day The Buyer
provides evidence that the Goods have been returned; or
If there were no Goods supplied, 14 days
after the day on which The Buyer was informed of the decision to cancel this
68. The reimbursement will be made using the same means of payment as used
for the initial transaction, unless it has been expressly agreed otherwise, but
in any event The Buyer will not incur any fees as a result of the
69. The Seller may withhold reimbursement until the Goods have been received
back or evidence of having sent back the Goods to is received. The Buyer must
send back the Goods or deliver them back to The Buyer at the address above at
his own expense, without undue delay and in any event not later than 14 days
after the day on which cancellation of this Agreement is communicated to The
70. This deadline is met if The Buyer sends back the Goods before the period
of 14 days has expired but The Buyer shall bear the cost of returning the Goods
to The Seller.
71. The Buyer must take reasonable care of the Goods whilst they are in his
possession. The Buyer shall be responsible for any loss or damage from when
they are delivered until they are returned.
72. The Buyer shall be liable for any diminished value of the Goods resulting
from the handling other than that necessary to establish the nature,
characteristics and functioning of the Goods.
73. The Buyer shall be liable for the vehicle from the point of accepting
delivery. If The Buyer chooses to cancel within the cooling off period then they
remain liable for the vehicle until it has been returned to The Seller. The
Buyer will be liable, and charged, for any damage present which was not noted
when The Buyer accepted delivery of the vehicle. Any cost will be deducted from
the final refund amount.
74. To receive a full refund a maximum additional mileage of 10 miles from
the recorded delivery mileage is allowed. If The Buyer covers any additional
distance then an excess mileage charge of £5.00 per mile will be deducted from the
final refund amount.
75. Any delivery cost charged to The Buyer as part of the order will be
fully refunded. However The Buyer will be liable for any collection costs
incurred and this amount will be deducted from the final refund. If required to
arrange collection, The Seller will inform The Buyer of any costs before
arranging collection and will not make any arrangements without prior consent.
76. The Buyer is able to make their own arrangements for return of the
vehicle but, in doing so, accepts full liability for the vehicle until it is
returned to The Seller. Any damage caused to the vehicle will be deducted from the
final refund amount and in the case of any insurance claim being raised, no
refund will be made until pay-out from the relevant insurance company has been
77. No refund amount will be made until the vehicle has been inspected and
signed for by The Seller. If the Seller intends to make any deductions from the
final refund amount then The Buyer will be made aware of that amount prior to
78. The Seller reserves the right to make a reasonable daily charge for the
storage of The Buyer’s vehicle or vehicles.
79. The Seller may assign the benefits and burdens hereunder to any third
party without the consent of The Buyer. The Buyer shall not assign the benefits
and burdens hereunder to any third party without the consent in Writing of The
80. Any notice required or permitted to be given by either party to the
other under these Conditions shall be in Writing addressed to that other party
as its registered office or principal place of business or such other address
as may at the relevant time have been notified pursuant to this provision to
the party giving the notice.
81. No waiver by The Seller of any breach of the Contract by The Buyer shall
be considered as a waiver of any subsequent breach of the same or any other
82. If any provision of these Conditions is held by any competent authority
to be invalid or unenforceable in whole or in part the validity of the other
provisions of these Conditions and the remainder of the provision in question
shall not be affected thereby.
83. Incoterms means the international rules for the interpretation of trade
terms of the International Chamber of Commerce as in force at the date when the
Contract is made. Unless the context otherwise requires, any term or expression
which is defined in or given a particular meaning by the provisions of
Incoterms shall have the same meaning in the Contract, but if there is any
conflict between the provisions of Incoterms and these Conditions, the latter
84. The singular shall include the plural and the male shall include the
female or business entity as may be appropriate.
85. The Contract shall be governed by the laws of England and both parties
agree to submit to the non- exclusive jurisdiction of the English Courts as
regards any claim or matter arising under the Contract.