Terms & Conditions
(December 2009)
Definitions
The “Seller” means or refers to Moto Strada Limited, registered in England and Wales under number 5059605
The “Buyer” means or refers to the other party to the transaction who has accepted the quotation of the Seller for the purchase of goods.
The “Goods” means any goods or services that the Seller is to supply to the Buyer during its normal course of trading.
The “Order” means or refers to the written or verbal request for goods made by the Buyer to the Seller. Written requests are to include all forms of communication including, email and facsimilie.
"Force Majeure" means, in relation to either party, any circumstances beyond the reasonable control of that party (including, without limitation, any act of God, explosion, flood, tempest, fire or accident, war or threat of war, sabotage, civil disturbance, acts of any governmental or supra-national authority, currency restrictions and restraints or delays affecting carriers)
1. General
1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
1.2 These terms and conditions of sale shall apply to the sale of the Goods by the Seller to the Buyer and shall replace and prevail over any terms and conditions contained or referred to in the Order or in any other correspondence or communication that has not been explicitly agreed to in writing by a Director or Legal Officer of the Seller.
2. Orders
2.1 The Buyer shall be responsible to the Seller for ensuring that all adequate information and specifications are provided to the Seller in sufficient time to ensure that the Seller is able to perform the contract within its terms.
2.2 No order that has been accepted by the Seller may be cancelled by the Buyer without the agreement in writing of the Seller. The Seller shall be entitled to reclaim from the Buyer any costs that have already been incurred in executing the Order up to the point of the cancellation acceptance.
2.3 We do not file details of your order for you to subsequently access direct on this website, and therefore, please print out these terms and conditions and the order acknowledgement for your own records. If you wish to obtain specific details of your previous orders please contact us.
3. Price
3.1 The price payable by the Buyer will be the price that is in force as part of any Supply Agreement made between the Seller and the Buyer. If no such agreement is in place, the price shall be the price that is agreed between the Seller and the Buyer at the time of the Order.
3.2 All prices will be subject to VAT where applicable and other taxes under English law and other relevant law.
4. Payment
4.1 We take payment from your card at the time we receive your order once we have checked your card details and stock availability. Goods are subject to availability. Goods not available from our stock may take upto 28 days to be delivered, if goods not supplied within 28 days a refund will be offered. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.
4.2 To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
4.3 The price you pay is the price displayed on this website at the time we receive your order apart from the following two exceptions:
a) For products reserved online for store pick up or any other reservation service the price you pay is the price in store on the day of collection.
b) While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled.
4.4 Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.
4.5 All prices are shown in £s sterling and include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated.
4.4 Payment for Goods is due in accordance with the agreed payment terms.
4.5 The Seller reserves the right to offset any monies owed by the Buyer against any outstanding debt owed by the Seller to the Buyer.
4.6 The Buyer indemnifies the Seller in respect of any costs, legal or otherwise, incurred by the Seller in respect of recovering any outstanding monies due from the Buyer to the Seller.
5. Returns and Cancellations
5.1 Please see our Returns policy
6. Delivery
6.1 Delivery dates and times, where indicated, are approximations and are not of essence to the Order.
6.2 We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors.
6.3 Where the delivery is made in instalments or partdeliveries, each instalment or part delivery shall be deemed to be a separate Order. Failure by the Seller to deliver any instalment under the Order shall not entitle the Buyer to rescind the whole of the Order.
6.4 If the Buyer refuses to accept a delivery that has been properly delivered in accordance with the Order the Seller shall be entitled to recover from the Buyer any costs that have already been incurred in executing the Order up to the point of non-acceptance.
6.5 In no circumstances whatsoever shall the Buyer be entitled to recover loss of profits, indirect and consequential loss or damages arising in connection with delivery time or from non–delivery of the goods.
7. Examination
7.1 The Buyer shall count and examine the Goods immediately on receipt and notify the Seller in writing of any shortages or defects within 10 working days (the “Eamination Period”) of receipt. If no notification is made within the said period, then the Order shall be deemed to have been fulfilled. Shortages and defects that are notified within the said period shall be resolved by mutual agreement between the Seller and the Buyer.
8. Warranty and Indemnity
8.1 If implied defect of the goods was found after the Examination Period but no later than 6 months after the delivery from the Seller to the Buyer, the Seller shall, as exclusive remedies and compensation granted to the Buyer under the relevant law, replace it with a new one or refund the received mount to the Buyer at its discretion. The total liability of the Seller under Order, agreement for any reason whatsoever will be limited to the sale price of the relevant goods other than in respect of death or personal injury.
9. Retention of Title
9.1 Title of goods sold and delivered by the Seller to the Buyer shall remain and belong to the Seller until full cash payment by the Buyer has been received and that payment has cleared through to the Seller’s bank account.
10.2 The Seller reserves the right to reclaim delivered Goods from the Buyer should the Buyer fail to pay on it or the Buyer falls within any of the items set out in “Termination” below.
10. Insurance
10.1 The risk of loss or damage in the goods shall pass to the Buyer upon receipt of delivery from the Seller and it is the responsibility of the Buyer to ensure that sufficient insurance is in place to cover the full value of the Goods delivered.
11. Termination
11.1 The Seller may cancel all outstanding contracts, Orders and suspend further deliveries to the Buyer immediately without any liability to the Buyer and payment for all Goods previously delivered will become immediately due and payable should the Buyer:
12.1 i) make any voluntary arrangements with its creditors, or become subject to an application for the commencement of administration, bankruptcy, administrative receivership or other insolvency proceeding or go into liquidation;
12.1 ii) have a receiver appointed over its assets or property;
12.1 iii) cease or threaten to cease trading; or
12.1 iv) is in default of contract, Order or agreement with the Seller or a third party, which shall not be cured within 5 days after receipt of a remedial notice.
12. Data Protection
12.1 The Buyer agrees to allow the Seller to use information gathered from the placement of Orders for use in the Seller’s normal course of business. The Seller agrees not to use such information gathered for disclosure to third parties or for purposes not related to its normal course of business.
13.2 The Buyer agrees the Seller may undertake a credit search on the Buyer independently or through a service company for the purposes of accepting or fulfilling an Order, or for opening a credit account.
13. Intellectual Property
13.1 The fulfilment of an Order by the Seller in no way shall transfer trademark, patent or other intellectual property rights from the Seller to the Buyer.
14. Force Majeure
14.1 The Seller reserves the right to cancel all outstanding contracts, Orders and suspend further deliveries to the Buyer without any liability to the Buyer if it is prevented from or delayed in carrying on its business or performing its contractual obligation due to circumstances beyond the reasonable control of the Seller including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock–outs, strikes or other labour disputes (whether or not relating to the Seller’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.
