Interpretation
1.1 In these conditions, the following definitions apply:
“Contract”: The agreement between Mototrend Tyres Limited and the Customer for the sale and purchase of Goods, which incorporates these conditions.
“Customer”: The individual, firm, or company purchasing Goods from Mototrend Tyres Limited.
“Delivery Point”: The location where the Goods are to be delivered as specified in Condition 4.
“Mototrend”: Mototrend Tyres Limited, Pennine View, Birstall, West Yorkshire WF17 9NF.
“Goods”: Any items agreed in the Contract to be supplied to the Customer by Mototrend.
1.2 References to particular laws include any amendments or re-enactments and any subordinate legislation in force.
1.3 Singular terms include plural forms, and vice versa.
1.4 References to any gender include all genders.
1.5 Condition headings do not affect the interpretation of these conditions.
Application of Terms
2.1 The Customer agrees to these conditions upon opening an account with Mototrend. All future Contracts will be governed by these terms unless otherwise varied in writing.
2.2 No terms on the Customer’s purchase order or other documents will form part of the Contract unless explicitly agreed by Mototrend.
2.3 Variations to these conditions or any representations about the Goods must be in writing and signed by Mototrend. The Customer acknowledges no reliance on statements not included in the Contract.
2.4 Any typographical errors in sales literature or documents issued by Mototrend may be corrected without liability.
2.5 Advice or recommendations not confirmed in writing by Mototrend are followed at the Customer’s risk.
2.6 Each order or acceptance of a quotation for Goods is deemed an offer by the Customer, subject to these conditions.
2.7 Orders are not accepted until Mototrend issues a written acknowledgment or delivers the Goods.
2.8 The Customer must ensure that their order details are accurate and complete.
2.9 Quotations are valid for 30 days unless withdrawn by Mototrend.
Description
3.1 The quantity and description of Goods are as specified in Mototrend’s quotation or order acknowledgment.
3.2 Mototrend reserves the right to make changes to Goods to comply with legal requirements.
Delivery
4.1 Delivery shall occur at Mototrend’s business premises unless otherwise agreed.
4.2 The Customer must accept delivery within 5 days of notification that the Goods are ready.
4.3 Delivery dates are estimates. Time is not of the essence unless explicitly stated.
4.4 Mototrend is not liable for any losses resulting from delivery delays unless the delay exceeds 180 days.
4.5 If the Customer fails to accept delivery, the risk passes to the Customer, and the Goods are deemed delivered. Mototrend may store the Goods at the Customer’s expense.
4.6 The Customer must inspect the Goods upon delivery and notify Mototrend of any defects within 2 working days.
4.7 The Customer must provide adequate equipment and labor for loading the Goods at their expense.
4.8 Minor discrepancies in delivered quantities (up to 5% more or less) will not entitle the Customer to reject the Goods.
4.9 Goods may not be returned without prior written consent from Mototrend, which may involve a restocking fee.
4.10 Any consent to returns is conditional on Goods being unused and in original condition.
4.11 Mototrend’s liability for non-delivery is limited to either replacing the Goods or issuing a credit note.
4.12 Any delivery service is subject to a £10 minimum order charge.
Risk and Title
5.1 Risk transfers to the Customer upon delivery.
5.2 Ownership of Goods does not pass until Mototrend has received full payment.
5.3 Until ownership passes, the Customer:
Holds Goods as a bailee for Mototrend.
Stores Goods separately and maintains them in satisfactory condition.
5.4 Mototrend may reclaim Goods if ownership has not passed and may enter the Customer’s premises to do so.
5.5 The Customer can sell Goods in the normal course of business but must hold proceeds in trust for Mototrend.
5.6 The Customer cannot pledge or charge the Goods as security.
5.7 Mototrend can recover payments for Goods even if ownership has not passed.
5.8 The Customer grants Mototrend access to inspect or recover Goods.
5.9 The Customer indemnifies Mototrend for costs incurred in enforcing these rights.
5.10 Rights under this section remain in effect even after Contract termination.
Price
6.1 Unless otherwise stated, prices are based on Mototrend’s list price at the time of delivery.
6.2 Prices are exclusive of VAT and additional charges for packaging and delivery.
Payment
7.1 Invoices are issued upon dispatch of Goods.
7.2 Payment is due within 30 days of receipt of the invoice.
7.3 Time for payment is essential.
7.4 Payments are not deemed received until cleared funds are in Mototrend’s account.
7.5 All payments become due immediately upon Contract termination.
7.6 The Customer must pay in full without deductions unless a valid court order exists.
7.7 Mototrend reserves the right to offset amounts owed against any payments due.
7.8 Late payments incur interest at 3% above Lloyds TSB’s base rate.
Quality
The Customer acknowledges that Mototrend does not manufacture Goods and provides no warranties beyond those transferred from the manufacturer.
Limitation of Liability
9.1 Mototrend’s total liability is limited to the Contract price.
9.2 All implied warranties are excluded to the fullest extent permitted by law.
9.3 Mototrend’s liability for death or personal injury, fraud, or unlawful exclusions is not limited.
9.4 Mototrend is not liable for indirect or consequential losses.
Termination
10.1 Mototrend may terminate the Contract if the Customer fails to pay or commits a material breach.
10.2 Upon termination, the Customer must pay all outstanding invoices and Mototrend may dispose of Goods in its possession.
Assignment
11.1 Mototrend may assign the Contract without consent.
11.2 The Customer may not assign the Contract without Mototrend’s written consent.
Force Majeure
Mototrend may delay or cancel the Contract due to events beyond its control, such as natural disasters or strikes.
General
13.1 Each right of Mototrend is without prejudice to any other rights.
13.2 If any provision is found illegal or invalid, the remaining provisions remain in effect.
13.3 Delays in enforcing rights do not waive those rights.
13.4 Waivers apply only to the specific breach.
13.5 The Contract is not enforceable by third parties.
13.6 The Contract is governed by English law, with disputes settled in English courts.
Communications
14.1 Communications must be in writing and delivered to the addresses provided.
14.2 Notices are deemed received based on the method of delivery.
