Brighton Kazuma Terms and Conditions

1 GENERAL

Matthew Twiselton is pleased to accept orders subject to the Terms and Conditions of sale as stated below. Unless expressly agreed in writing any alteration to these conditions will not be legally binding. In these terms “you” and “your” as appropriate refer to the Buyer and “I”, “us”, “our” and “we” refers to the Seller. The term “days” refers to working days, being Monday to Friday inclusive excluding bank holidays, unless otherwise stated.

These terms and conditions do not affect your statutory rights as a consumer. The consumers statutory rights are not excluded or limited in any way in accordance with the Sale of Goods Act 1979 (as amended).

Purchasers are required to be 18 or over and accept our full terms, conditions & disclaimer.

On delivered orders you have the right to cancel or return their order / purchase within 7 working days from receipt of the original order / purchase without giving a reason, subject to the goods being unused in original packaging and in a re-saleable condition. In such instances you must notify us beforehand to arrange restocking and you are responsible for the return carriage costs.

2 QUOTATIONS

Our quotations remain valid for 7 days from their date of issue, subject to stock availability at the time of ordering. Quotations are for the sole use of the addressee and we reserve the right to withdraw a quotation that has been passed by you to a third party.

3 DELIVERY AND COLLECTION OF GOODS

In normal circumstances

a) We will deliver an order within the agreed delivery period, but we cannot be held liable for any loss caused by late delivery. If we do deliver late you are not entitled to regard this as breach of contract.

b) Goods will be delivered to the delivery address supplied by you. You are considered to have given authority to accept delivery on your behalf to any person who actually accepts and signs for the delivery at the delivery address.

d) You are obliged to inform us at least 48 hours in advance of the agreed delivery date of any restrictions, vehicular or pedestrian, that may cause difficulty to us or our carrier in carrying out the delivery except where those restrictions could not reasonably be known 48 hours in advance.

d) You are obliged to provide adequate labour and facilities at the delivery or collection address to unload or load the goods without undue delay.

c) If the carrier or we cannot deliver to the agreed delivery address then we will store the goods and deliver at a later date agreed between us and you, subject to condition 3e.

e) We will require compensation for any loss we suffer arising from non-delivery or non-collection of the goods where we, or our carrier, have attempted delivery to the agreed address, within the agreed period, and are not at fault. This compensation will be at least equal to the delivery/collection charge agreed when the order was placed. We reserve the right to charge the buyer this compensation regardless of whether the contract is subsequently fulfilled or cancelled. We also reserve the right to charge for any costs incurred by us in the pursuance of obtaining such compensation.

4. PRICES

All prices are quoted exclusive of Value Added Tax, “VAT”. Matthew Twiselton is a sole trader currently operating below the threshold for VAT.

5. PAYMENT

Unless otherwise agreed in writing, goods must be paid for in full inclusive of any delivery charges prior to delivery/collection.

Full or part payment for our goods or services will acknowledge your full acceptance of our terms, conditions and disclaimer.

Deposits paid to reserve quad bikes are non refundable in the event of cancellation by you.

Where a bike is ordered assembled and/or delivered then any monies paid in respect of assembly/delivery are non refundable where a) the bike was assembled as agreed and/or b) delivery was attempted in accordance with Section 3 above.

In the event of any payment being defaulted then:

a) We will be entitled to charge interest at a rate equal to 6% of the sum defaulted immediately we become aware of the default, plus an additional 6% on any amount outstanding (including accrued interest and any costs incurred in pursuit of repayment) on the first day of each calendar month following our becoming aware of the default, until all monies owing to us have been paid in full.

b) We will be entitled to pursue you for all sums outstanding under these terms and conditions, including additional costs incurred in doing so, whether or not the goods have passed to you.

If you have a dispute or counterclaim with us, this will not entitle you to make any reduction in, or deferment of, payment because of the dispute or counterclaim.

6. WARRANTY

a) All goods supplied by us are warranted to be of sound workmanship and materials, and suitable for the purpose for which they are designed under fair conditions. Our liability under this Warranty will be limited to the replacement of parts against any goods acknowledged by us to be faulty, provided that such faults have not been caused by your misuse of the goods, incorrect assembly (where supplied part assembled), poor maintenance or your negligence.

b) In order to make a claim under this warranty you must contact us with details of the fault within 3 calendar months of the delivery date.

We will either: -

Where the faulty component is clearly identified and you wish to fit it yourself we will send a replacement part by a carrier of our choice.

Or: -

Where the fault cannot be identified, or where you require us to repair your bike, you agree to return the goods in otherwise good order and condition, carriage paid, to our distribution centre, unless we have advised you of another address to return the goods to.

We will then replace the faulty part(s), replace the bike, or issue a credit, at our discretion.

Where we repair or replace, we will then send the bike to the original delivery address, at our expense, under the terms stated in Section 3.

Please Note:

c) Our carriers have no authority to accept Goods for return unless we have agreed in advance.

d) If you return goods to us in order to make a claim under clause 6(b) and those goods turn out to be, in our opinion, fault free or damaged by reason of your misuse or negligence, then we will give you 15 days written notice to either make arrangements to collect the goods in the condition they were at the time the reason for the fault was identified or agree to pay parts and labour costs to repair the bike where economically viable.

You may collect the goods in person or make arrangements for you own carrier to collect them. You will remain liable for any outstanding monies due under these terms and conditions. At the end of the 15-day period, you non-compliance with our request for instruction will lead us to assume that you have given us unconditional authority to dispose of the goods as we see fit.

e) In no circumstances will we be responsible for any consequential loss or damages arising from the failure or defect of our goods.

7. CATALOGUES AND BROCHURES

All descriptions and illustrations of goods in any catalogue, brochure, price list or in any other document provided by us are intended for general guidance only and do not form part of any contract between you and us. We accept no liability for any errors or omissions in such documents and cannot be liable in any circumstances for any loss or damage resulting from your reliance on such descriptions or illustrations.

8. FORCE MAJEURE

We reserve the right to cancel an order or suspend or delay delivery of it without being liable for any loss or damage if supply of the goods is prevented or delayed by reason of war, (whether declared or not), civil strife, riots, adverse weather conditions, fire, flood, labour disputes, accidents or any other causes or circumstances beyond our control.

9. SHORTAGES, DAMAGES, DISCREPANCIES AND/OR LOSS IN TRANSIT

You will be asked to sign for goods received in good condition at point of delivery. Any damage present must be recorded on the delivery note.

We will at our discretion refund, replace or issue credit where goods have been wrongly delivered or damaged in transit. We will only consider claims if notified within 3 days and then confirmed in writing to us within 7 days of the date of delivery. If goods have been damaged or supplied short, then you must keep those goods in one place, separate from any other goods and let us inspect them if we wish before we decide what action to take.

10. RETENTION OF TITLE

a) General: - Notwithstanding delivery of the goods, we will still own them until you have paid in full for them in accordance with this contract.

b) Sales of the goods: - if you sell the goods on to a third party before you have paid for them then you will hold the proceeds of that sale on trust for us pending payment. We will have the right to require you to direct the third party to pay the money he would have paid to you direct to us instead.

c) Storage: - You must keep the goods separate and clearly identified as our property until you have paid for them.

d) Insurance: - After delivery and until payment you must keep the goods fully insured. If the goods are damaged or destroyed you are not entitled to delay paying us until the insurer of the goods has paid you.

e) Recovery of goods: - We may enter your premises without notice and recover the goods that have not been paid for in full. As between you and us, this sub-clause constitutes your authority for us to enter on the premises of any other person

holding the goods on your behalf and on whose property the goods may be and remove the goods.

11. YOUR BANKRUPTCY OR DEFAULT.

IF: -

a) You fail to honour any of your obligations to us under this contract, or you breach them, or

b) Any distress or execution is levied on you, or

c) You offer to make an arrangement with your creditors or commit any act of bankruptcy or if any petition of bankruptcy is presented to you, or (if you are a listed company) any resolution or petition to wind up such a company’s business (other than for the purposes of amalgamation or reconstruction) is passed or presented we will have the immediate right to cancel in writing any contract we currently have.

12. INTERPRETATION AND VALIDITY

Only English law will govern this contract, and the English courts will have exclusive jurisdiction. The interpretation of any clause or sub-clause above will not in any way be limited or restricted by reference to or inference from any other clause or sub-clause. If for any reason one clause or sub clause is unenforceable according to its terms then the others will remain in full force and effect.