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Vehicle Sales Terms & Conditions

TERMS AND CONDITIONS OF SALE FOR WEBBS MOTORCYCLES

1. Definitions

1.1 “The Dealer”, [a) Webbs of Lincoln Ltd. Registered in England No 09939387] or [b) Webbs

Yamaha Centre (Peterborough) Ltd. Registered in England No 0480569]. Registered offices.

117-121 Portland Street, Lincoln, LN5 7LG who is the vendor of the goods to the

customer.

 

1.2 ”The Customer”, the person designated overleaf, contracting for goods and services to be

supplied by the Dealer.

 

1.3 “ Consumer”, 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

 

1.3 ”Goods” means all vehicles as defined, or other things to be sold by the Dealer to the

Customer.

1.4 “Vehicle” includes motorcycle & scooter and generally each and every accessory to and

component thereof.

 

2. Whole Contact

2.1 These terms shall represent the whole contract between the Dealer and the Customer.

They may be varied only by written agreement between the parties.

 

3. Interpretation

3.1 The singular shall include the plural and the male shall include the female or business

entity as may be appropriate.

 

4. Enforceability

4.1 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.

 

5. Written Confirmation

5.1 This order and any allowance in respect of a Vehicle offered by the Customer are subject

to acceptance and confirmation in writing by the Dealer.

 

6. Delivery/ Time Not of the Essence

6.1 Unless specifically agreed in writing, time for delivery is not essential.

6.2 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 Dealer by the

Supplier/ Manufacturer. 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.

The Dealer shall not be obliged to fulfil orders in the sequence in which they are placed.

6.3 If the Dealer shall fail to deliver the Goods within 42 days of the estimated date of

delivery stated in this contract, the Customer may by notice in writing to the Dealer require

delivery of the Goods within 14 days of receipt of such notice. If the Goods are not

delivered to the Customer within the said 14 days the contract shall end and the Dealer shall refund any deposit paid by the Customer. Neither party shall have any further liability towards the other under the contract.

 

7. New Goods

If the Goods to be supplied by the Dealer are new, the following provisions shall have effect:

7.1 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 the 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.

 

7.2 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 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.

 

7.3 Any figure provided within the contract for Motorcycle or Scooter Tax (Vehicle Excise Duty) is provided as guidance only. Notwithstanding the sum for Motorcycle or Scooter Tax specified in the

order, the sum payable by the Customer in respect thereof shall be such sum as the Dealer

has legally had to pay or becomes legally bound to pay for Vehicle Excise Duty in respect of the Goods.

 

7.4 Any figure provided within the contract for Value Added Tax is provided as guidance

only. 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.

 

7.5 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 Dealer shall give notice of any such alteration

to the Customer, and

 

7.5.1 In the event of the manufacturer’s or concessionaire’s 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.

 

7.5.2 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.

 

7.6 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, terminate the contract on the grounds of frustration. On serving notice the dealer shall return in full any deposit paid by the Customer.

 

7.7 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.

 

8. Used Goods

8.1 If the goods to be supplied by the Dealer 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):

 

8.1.1 Is sold subject to any conditions or warranties that are implied by the Sale of

Goods Legislation or any amending statutes.

 

8.1.2 prior to signing this order form, the Customer shall examine the Vehicle and

items set out 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.

 

8.2 Save in the case of customer 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.

 

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 and Payment

10.1 The Customer shall be liable to pay for the Goods immediately upon notification by the

Dealer that they are available for delivery. The Dealer may, in its discretion, demand a

deposit at the time when the order for Goods is placed by the Customer and shall not be

obliged to progress the order or otherwise implement the contract until the deposit is paid

in full.

 

11. Place of Delivery

11.1 Unless otherwise agreed in writing delivery of the Goods shall take place at the Dealer’s

premises.

 

11.2 In the event of cancellation, for any reason, the customer agrees to return the Goods to

the dealer’s premises.

 

12. Repudiation by Customer

12.1 If you do not pay for and take delivery of your vehicle within 14 days of notification that the

vehicle is available for delivery, we shall be at liberty to treat the contract as cancelled. If this

happens, or if you cancel the contract for any other reason not permitted by this contract, we

will sell the vehicle to another person. We will refund your deposit but before we do so, we are entitled to recover from the deposit the additional costs we incur in re selling the vehicle plus any reduction in the sales price achieved. We will keep the deposit whilst we display and advertise the vehicle as being for sale. If it is not sold within a reasonable time we will sell it at auction.

 

12.2 Once we have sold the vehicle, we will notify you within 7 days as to how much we have lost

as a result of having to re sell. If this amount is less than your deposit, then we will refund the

balance of your deposit with the notification. If the claimable amount is more than the deposit,

then we will include a statement showing how much you owe us to make good our loss. We will

provide copies of any receipts if you request them.

 

12.3 The Dealer reserves the right to make a reasonable daily charge for the storage of the

vehicle or vehicles.

 

13. Loss or Damage

13.1 The Dealer shall be responsible for the loss of or damage to any vehicle or its contents

only if caused by negligence of the Dealer or its employees. The Customer is strongly advised

to remove any items of value not related to the Vehicle, and to maintain a valid comprehensive insurance policy for the Vehicle.

 

14. Return of Deposit

14.1 If the contract is cancelled under the provisions of clauses 6 or 7 above upon repayment of the deposit the Dealer shall be under no further liability.

15. Retention of Title and Risk

15.1 Risk of damage to or loss of the Goods are at the risk of the Customer as soon as they

are delivered into the physical possession of the Customer or their nominated

representative.

 

15.2 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.

15.3 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.

 

15.4 The Customer’s right to possession shall cease if they, not being a company, become

bankrupt or if they, being a company, 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.

 

15.5 Should the Customer’s right of possession cease they will notify the Dealer and

immediately make the goods available for collection. 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.

 

15.6 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.

 

16. Right of Lien

16.1 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.

 

17. Part Exchange

17.1 Where the Dealer 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 Dealer, in consideration of such

allowance, it is hereby agreed that the following further conditions will apply.

 

17.1.1 that the Dealer accepts the used vehicle in reliance of the warranties granted

by the Customer overleaf, including but not limited to the age, mileage and

condition of the vehicle

 

AND

17.1.2 that such used Vehicle is the absolute property of the Customer and is free

from all encumbrances

 

OR

17.1.3 that such used vehicle 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.

 

17.2 If the Dealer 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

at the date of such examination (fair wear and tear excepted).

 

17.3 That such used Vehicle 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 Vehicle shall

thereupon pass to the Dealer absolutely.

 

17.4 That without prejudice to 17.3 above, such used vehicle shall be delivered to the Dealer

within 14 days of notification to the customer that the Goods to be supplied by the Dealer

are available for delivery.

 

17.5 If the goods 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 vehicle 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 Goods.

 

17.6 In the event of the non-fulfilment of any of the foregoing conditions, other than 17.5

above, the Dealer shall be discharged from any obligations to accept the said used Vehicle or

to make any allowance in respect thereof, and the Customer shall discharge in cash the full

price of the Goods to be supplied by the Dealer.

18. Authority to Contract

18.1 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 vehicle shall be paid for by the

Customer.

 

19. Authority to Uplift

19.1 Where a person who, so far as the Dealer is aware, has authority to uplift Goods or

Vehicles 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.

 

20. Authority to Drive

20.1 In connection with the supply of a Vehicle or an inspection or testing or the preparation

of any estimate in connection therewith, the Dealer 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.

 

21. Finance

21.1 Notwithstanding the provisions of this agreement, the Customer shall be at liberty

before the expiry of 7 days after notification to him that the Goods have been completed for

delivery to arrange for a finance company to purchase the Goods from the Dealer at the

price payable hereunder. Upon the purchase of the Goods by such finance company, the

proceeding clauses of this agreement except 7.2 shall cease to have effect but any used

Vehicle 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 17 above (save that in 17.3, 17.4 and 17.5 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.

 

22. Notices

22.1 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.

 

23. Export Outside UK

23.1 The Dealer reserves the right to cancel this order if it believes that;

23.1.1 the Customer intends to resell the Goods outside the United Kingdom

(Contract Territory) for commercial gain within a period of 12 months

 

OR

23.1.2 where the Customer is a corporation its place of business is not within the

United Kingdom

 

OR

23.1.3 where the Customer is a finance company and either, the Goods are not

being purchased on behalf of an end user or they are and such end user is not

resident nor has its place of business within the United Kingdom.

 

23.2 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.

 

24. Distance Selling

24.1 If, and only if, the Customer has acted as a Consumer, where this Agreement has been

completed away from our business premises and/or 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.

 

24.2 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.

 

24.3 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.

 

24.4 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:-

 

24.4.1 14 days after the day on which we receive the Goods back; or

24.4.2 (If earlier) 14 days after the day you provide evidence that you have

returned the Goods; or

 

24.4.3 If there were no Goods supplied, 14 days after the day on which we are

informed about your decision to cancel this Agreement.

 

24.5 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, but in any event you

will not incur any fees as a result of the reimbursement.

 

24.6 We may withhold reimbursement until we have received the Goods back or you have

sent evidence of having sent back the Goods to us, whichever is the earliest. 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.

 

24.7 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. If you are

unable to return a motorcycle or scooter, we will arrange collection from anywhere in the

UK mainland, at our earliest convenience, at an agreed cost to you which shall not exceed

£500 including VAT.

 

24.8 You must take reasonable care of the Goods whilst they are in your possession. You will

be responsible for any loss or damage from when they are delivered to you until when they

are returned to us.

 

24.9 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.

 

25. Storage Charges

25.1 The Dealer reserves the right to make a reasonable daily charge for the storage of the

customer’s vehicle or vehicles.

 

26. Dispute resolution/ Jurisdiction

26.1 In the event of a complaint or dispute of any kind our complaints handling procedure

which can be found on our website at www.webbsmotorcycles.co.uk and is available from

us on request.

 

26.2 Where your complaint cannot be resolved, once you have exhausted our internal

process you may refer the dispute to the following ADR processes,

 

26.2.1 Where your complaint does not relate to a financial service, The National

Conciliation Service. For details of this service the Customer can contact them on

01788 538317 or in writing at First Floor, 2 Allerton Road, Central Park, Rugby,

Warwickshire CV23 0PA or email contact@nationalconcilliationservice.co.uk.

 

26.2.2 Where your complaint relates to Financial Services, the Financial Ombudsman

Service. This service is free to use. Their consumer helpline is available on 0800 023

4 567 or 0300 123 9 123 or you can visit their website at www.financial-

ombudsman.org.uk, email them at complaint.info@financial-ombudsman.org.uk or

write to the Financial Ombudsman Service, Exchange Tower, London E14 9SR.

 

26.3 Where any dispute cannot be resolved through ADR, 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.