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This site is operated by UK MiniMoto,
a trading name of Oden Partnership Limited, of PO
Box 811, St. Albans, Hertfordshire AL4 0XY, U.K. (“Oden
Partnership”).
By
visiting or using this site and the Services provided,
you hereby agree to and accept the following terms of
use (the “Terms”):
Interpretation
Basis
of Sale
Order
and Specifications
Price
of Goods
Terms
of Payment
Delivery
Title,
Risk and property
Warranty
Liability
Liability
regarding the use of the site
Disclaimer
Right
of cancellation
Export
terms
Intellectual
property
Links
to third party sites
General
Copyright
notice
1.
Interpretation Top
(1.1) In these Terms, the following definitions shall
apply unless the context otherwise requires:
“BUYER” means the person who accepts the Seller’s
Written quotation for the sale of the Goods or whose
order for the Goods is accepted by the Seller;
“GOODS” means the goods (including any instalment of
the goods or any parts for them) which the Seller is to
supply in accordance with these Terms;
“SELLER” means Oden Partnership Limited (registered
in England and Wales under number 5226637);
“CONTRACT” means the contract for the sale and
purchase of the Goods;
“TERMS” means the standard terms of sale set out in
this document and (unless the context otherwise
requires) includes any special terms agreed in Writing
between the Buyer and the Seller;
(1.2) A reference in these Terms to a provision of a
statute shall be construed as a reference to that
provision as amended, re‑enacted or extended at
the relevant time.
(1.3)
The headings in these Terms are for convenience only and
shall not affect their interpretation.
2.
Basis of the sale
Top
(2.1)
The Seller shall sell and the Buyer shall purchase the
Goods in accordance with the published rate displayed on
this site, subject to these Terms, which shall govern
the Contract to the exclusion of any other terms.
(2.2)
UK MiniMoto reserve the right to amend these Terms and
Conditions at any time and users are advised to check
these Terms from time to time.
(2.3)
The Seller’s employees or agents are not authorised to
make any representations concerning the Goods unless
confirmed by the Seller in Writing. In entering into the
Contract the Buyer acknowledges that it does not rely on
any such representations which are not so confirmed, but
nothing in these Terms affects the liability of either
party for fraudulent misrepresentation.
(2.4)
Any advice or recommendation given by the Seller or its
employees or agents to the Buyer or its employees or
agents 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 Buyer’s own
risk, and accordingly the Seller shall not be liable for
any such advice or recommendation which is not so
confirmed.
(2.5)
Any typographical, clerical or other error or omission
in any sales literature, quotation, price list,
acceptance of offer, invoice or other document or
information issued in Writing or on the web site by the
Seller shall be subject to correction without any
liability on the part of the Seller.
(2.6)
UK MiniMoto do not recommend that persons under the age
of 16 years use their products.
3.
Orders and specifications
Top
(3.1)
When placing orders, the Buyer will need to submit
certain personal details, including your name and
address. This data will be used by us for
completion of contract, to effect payment, to deliver
the Goods and to enable us to provide you with an
efficient after-sales service. We will not pass
your name and address to any third parties without your
prior written consent. Such details will be stored
on a computer according to the terms of the Data
Protection Act 1984.
(3.2)
The Seller reserves the right to refuse to supply goods.
No order submitted by
the Buyer shall be deemed to be accepted by the Seller
unless and until a Written quotation is given to the
Buyer.
(3.3)
The quantity, quality and description of the Goods and
any specification for them shall be as set out on the
Site.
(3.4)
All Goods are subject to availability
and may be withdrawn at any time. The
manufacturers reserve the right to alter the
specification of their products without prior
notification. If your order cannot be fulfilled,
you will be offered an alternative or given a full
refund.
4
Price of the goods
Top
(4.1)
The price of the Goods shall be the Seller’s quoted
price displayed on the site. All prices quoted are valid
until acceptance by the Buyer, after which time they may
be altered by the Seller without giving notice to the
Buyer.
(4.2)
The Seller reserves the right, by giving Written 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 factor beyond the
control of the Seller (such as, without limitation, any
foreign exchange fluctuation, currency regulation,
alteration of duties, significant increase in the costs
of labour, materials or other costs of manufacture), 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.
(4.3)
Except as otherwise stated and unless otherwise agreed
in writing between the Buyer and the Seller, and the
Buyer shall be liable to pay the charges for delivery,
packaging and insurance.
5
Terms of payment
Top
(5.1)
The Buyer shall pay the price of the Goods by credit /
debit card or by bank transfer. The time of payment of
the price shall be of the essence of the Contract.
(5.2)
If the Buyer fails to make any payment on the due date,
or if payment does not clear, then, without limiting any
other right or remedy available to the Seller, the
Seller may cancel the contract or suspend any deliveries
to the Buyer;
6
Delivery
Top
(6.1)
The Buyer will be responsible for all delivery charges.
The amount of such charges will depend on the Goods
ordered and the delivery location. A quote will be
provided at the time of order.
(6.2)
Delivery of the Goods shall be made by the Seller
delivering the Goods to the Buyer’s premises or some
other place for delivery which is agreed by the Seller
and the Buyer.
(6.3) Please allow up to 28 days for delivery, unless
otherwise agreed in writing. 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 however caused. Time for delivery shall not be
of the essence of the Contract unless previously agreed
by the Seller in writing. The Goods may be delivered by
the Seller in advance of the quoted delivery date on
giving reasonable notice to the Buyer.
(6.4)
By taking delivery of the Goods, the
Buyer confirms they do so with full knowledge and
understanding of the dangers and risks of operating the
Goods (such as quad bikes, dirt bikes, powered scooters
etc). UK MiniMoto recommends that adequate
personal safety equipment is worn and that all operators
of such Goods should seek professional instruction prior
to their use.
(6.5)
The Buyer undertakes, prior to operation, to read and
understand the safety rules and advice offered in the
manufacturer's handbook provided and hereby takes full
responsibility for the utilisation of the Goods,
entirely at their own risk.
(6.6)
The Buyer undertakes to ensure that proper adult
supervision of minors operating the Goods is provided at
all times.
(6.7)
If the Buyer fails to take delivery of the Goods or
fails to give the Seller adequate delivery instructions
at the time stated for delivery (otherwise than by
reason of any cause beyond the Buyer’s reasonable
control or by reason of the Seller’s fault) then,
without limiting any other right or remedy available to
the Seller, the Seller may:
(6.7.1) store the Goods until actual delivery and charge
the Buyer for the reasonable costs (including insurance)
of storage; or
(6.7.2) return the Goods to the Supplier and charge the
Buyer for the reasonable costs of return; or
(6.7.3) sell the Goods at the best price readily
obtainable and (after deducting all reasonable storage
and selling expenses) account to the Buyer for the
excess over the price under the Contract or charge the
Buyer for any shortfall below the price under the
Contract.
7.
Title, Risk and property
Top
(7.1)
All Goods shall remain the property of Oden Partnership
until payment is made and received in full.
(7.2) Risk of damage to or loss of the Goods shall
pass to the Buyer:
(7.2.1) in the case of Goods to be delivered at the
Seller’s premises, at the time when the Seller
notifies the Buyer that the Goods are ready for
delivery; or
(7.2.2) in the case of Goods to be delivered otherwise
than at the Seller’s premises, 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.
(7.3)
Notwithstanding delivery and the passing of risk in the
Goods, or any other provision of these Terms, the
property in the Goods shall not pass to the Buyer until
the Seller has received in 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.
8.
Warranty
Top
(8.1) Subject to the following provisions the Seller
provides no warranties regarding the Goods. However, the
manufacturer provides a limited warranty on all Goods,
covering all major components, including Engine,
Gearbox, Frame, Running Gear and Electrical Components.
Items not covered by the warranty include:
Wheels, Tyres, Inner Tubes, Brake Linings, Clutch Shoes,
Brake Pads, Brake Drums, Brake Discs, Drive Chains,
Bulbs, Fuses, Batteries, Body Panels and Seats.
(8.2)
The warranty duration shall be 30 days from the date of
receipt.
(8.3)
The above warranty is given subject to the following
conditions:
(8.3.1) the Seller shall be under no liability in
respect of any defect arising from fair wear and tear,
wilful damage, damage caused by accidents or neglect,
poor maintenance or repair, abnormal use or abuse, or
problems resulting from improper use or failure to
follow the Seller’s instructions (whether oral or in
Writing), misuse or alteration or repair of the Goods
without the Seller’s approval; and
(8.3.2)
The warranty will be invalidated if
the customer fails to follow the maintenance schedule or
operating instructions outlined in the Manufacturer's
Handbook.
(8.4)
All
goods are provided with a return-to-base warranty.
It is the Buyer's responsibility to ensure the safe
return of the goods for repair and at the Buyer's
expense. Goods must be returned in their original
packaging.
(8.5)
The goods can be returned to UK MiniMoto during the
warranty period. Upon the Buyer reporting a fault
covered under the warranty, should UK MiniMoto determine
the nature of the part required to remedy the fault, UK
MiniMoto, in agreement with the customer, may supply
replacement part(s) for the customer or customer's agent
to affect a repair. In these circumstances UK
MiniMoto will supply replacement part(s), free of
charge, to the customer. UK MiniMoto will return the
goods to the customer at UK MiniMoto’s expense.
However, it will be the customer's responsibility and
risk to ensure that replacement part(s) are fitted
correctly and the costs of fitting such parts will be
entirely at the customer's expense.
(8.6)
UK MiniMoto reserve the right to ask for suspected
defective part(s) to be returned, at the customer's
expense, for inspection prior to replacement part(s)
being despatched.
9.
Liability
Top
(9.1)
Except in respect of death or personal injury caused by
the Seller’s negligence, or liability for defective
products under the Consumer Protection Act 1987, the
Seller shall not be liable to the Buyer by reason of any
representation (unless fraudulent), or any implied
warranty, condition or other term, or any duty at common
law, or under the express terms of the Contract, for
loss of profit or for any indirect, special or
consequential loss or damage, costs, expenses or other
claims for compensation whatsoever (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 (including any delay in supplying or
any failure to supply the Goods in accordance with the
Contract or at all) or their use or resale by the Buyer,
and the entire liability of the Seller under or in
connection with the Contract shall not exceed the price
of the Goods, except as expressly provided in these
Terms.
(9.2)
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 delivering the Goods, if the delay or failure was due
to any cause beyond the Seller’s reasonable control.
Without limiting the foregoing, the following shall be
regarded as causes beyond the Seller’s reasonable
control: Acts of God, explosion, flood, tempest, fire or
accident; 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); or
difficulties in obtaining raw materials, labour, fuel,
parts or machinery; power failure or breakdown in
machinery.
10.
Liability regarding use of site
Top
(10.1)
Oden Partnership accepts no liability in contract, tort
or otherwise including negligence for:
-
inability to gain access to the website as a result of
routine or emergency maintenance on the system or
excessive demand for the website;
-
loss of data including both data transmitted and other
data held by you
-
delay or failure in transmitting or receiving material
-
indirect or consequential losses whatsoever arising out
of or in connection with the use or performance of
software, documents, provision of or failure to provide
the website, or information available from the website,
including loss of revenue, business, anticipated savings
or profits.
(10.2)
Oden Partnership does not warrant that this site will be
uninterrupted, error free or that any information or
other material accessible from this website is free of
viruses or other harmful components, and you are advised
to make your own checks in this regard.
11.
Disclaimer
Top
(11.1)
Information on this site is posted in good faith and
updated regularly, but Oden Partnership cannot guarantee
its completeness or accuracy.
(11.2)
Oden Partnership does not accept any liability to you or
any third party for any error or omission on this site.
Oden Partnership reserves the right to change, update or
delete any information on this site without prior notice
by posting such changes here.
(11.3)
Oden Partnership does not make any representation about
the suitability of information, products and services on
this site for any purpose. You assume all responsibility
and risk for use of this site.
12.
Right of Cancellation
Top
(12.1)
Without limiting any other right or remedy available,
the Buyer shall be entitled to cancel the contract
within seven days of the despatch date, providing
the Goods are unused, in original condition and complete
with all packaging. We will provide a full refund
on the Goods less any carriage charges.
(12.2)
Any claims for damage, non-functionality and mis-shipping
must be received by us, in writing, within seven days of
receipt.
(12.3)
The Buyer is responsible for ensuring safe delivery of
any returned items and at the Buyer's expense. UK
MiniMoto reserve the right to apply a 10% administrative
charge to all refunds. Delivery charges will not
be refunded.
(12.4)
If payment is not made or does not clear, then the
Seller may cancel the Contract and suspend any further
deliveries under the Contract without any liability to
the Seller.
13.
Export terms
Top
(13.1)
Where the Goods are supplied for export from the United
Kingdom, the provisions of this clause 11 shall (subject
to any special terms agreed in Writing between the Buyer
and the Seller) apply notwithstanding any other
provision of these Terms.
(13.2)
The Buyer shall be responsible for complying with any
legislation or regulations governing the importation of
the Goods into the country of destination and for the
payment of any duties on them.
(13.3)
The Buyer shall be responsible for arranging for testing
and inspection of the Goods on delivery. Subject to the
Warranty set out in Clause 8 of these Terms, the Seller
shall have no liability for any claim in respect of any
defect in the Goods which would be apparent on
inspection, or in respect of any damage during transit.
14.
Intellectual Property
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(14.1)
The UK MiniMoto and Oden
Partnership names, logos and all related product and
service names, design marks and slogans are the
trademarks or service marks of Oden Partnership Ltd.
(14.2)
The copyright in all the material on this site rests
with Oden Partnership. Your access to the material does
not give you a licence to reproduce, distribute or
otherwise use this material.
15.
Links To Third Party Sites
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(15.1)
The links on this site will let you leave Oden
Partnership's site. The linked
sites are not under the control of Oden
Partnership and Oden
Partnership is not responsible
for the contents of any linked site, or any changes or
updates to such sites. Oden
Partnership is not responsible
for any form of transmission received from any linked
site. Oden
Partnership is providing these
links to you only as a convenience, and the inclusion of
any link does not imply endorsement by Oden
Partnership of the site.
16.
General
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(16.1)
A notice required or permitted to be given by either
party to the other under these Terms shall be in Writing
addressed to that other party at 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.
(16.2)
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 provision.
(16.3)
If any provision of the Contract is held by a court or
other competent authority to be invalid or unenforceable
in whole or in part the validity of the other provisions
of the Contract and the remainder of the provision in
question shall not be affected.
(16.4)
Any dispute arising under or in connection with the
Contract or the sale of the Goods shall be referred to
arbitration by a single arbitrator appointed by
agreement or failing agreement between the parties
within 30 days after a request for a reference is made
by any party, appointed on the application of any party
by the London Court of International Arbitration.
(16.5)
The Contract shall be governed by the laws of England,
and the Buyer agrees to submit to the exclusive
jurisdiction of the English courts.
(16.6)
These Terms and Conditions do not affect the customer's
statutory rights.
Copyright
Notice Top
Copyright
© 2005 Oden Partnership
Limited, PO Box 811, St. Albans, Hertfordshire AL4 XY, U.K.
All rights reserved.
Any
rights not expressly granted herein are reserved. |
