Terms and Conditions of Sale
1. DEFINITIONS
"You, the Customer" a person or company buying Products from us.
"Motolug (us, our, we)" Motolug Limited, the Product vendor as identified on your invoice or receipt.
"Order Acknowledgement" formal confirmation of Product ordered by you, sent by Motolug.
"Price" stated in Order Acknowledgement.
"Product" as described in Order Acknowledgement.
2. APPLICATION
This Agreement applies to this sale and all statements made by Motolug in brochures, price lists, adverts, quotations, on the internet or verbally. Motolug must agree any variations to this Agreement in writing. Any other Terms and Conditions are excluded. Placing your order means acceptance of this Agreement.
3. QUOTATIONS/ORDERS/CONTRACT
Quotations are only valid in writing and during the period that they state. If unstated, the period is 30 days. Orders may be received by writing, website, email, telephone or fax but are only binding when accepted by Motolug in a written Order Acknowledgement. Please check the Order Acknowledgement and notify Motolug of any mistake immediately or the details stated in the Order Acknowledgement will apply. Motolug reserves the right to change Products at any time but we guarantee you at least equivalent functionality and performance.
4. PRICE & PAYMENT TERMS
Product prices, tax and shipment are as shown on your quotation, invoice and/or receipt. Changes to exchange rates, duties, insurance, freight and purchase costs (incl. for components) may cause Motolug to adjust prices accordingly. Payment will be made before supply or, if agreed, within 30 days of the invoice date without further notice from Motolug. Payment timing is of the essence. If payment is late Motolug may suspend deliveries. If payment is late, and you purchase as a company, the maximum statutory interest rate will apply on the late amount and if you purchase as a Consumer, interest will be at 2% above the minimum lending rate on the late amount. In either case, the costs of recovery shall be payable by you. Any costs incurred by us relating to dishonoured cheques will be payable by you.
5. DELIVERY/TITLE/RISK
The delivery period is approximate. Delivery by instalments may be made at our discretion. Title to Product passes on full payment and until then you must insure and store the goods separately and you may not modify, pledge or sell them. If you refuse delivery without our agreement, you must pay our expenses or loss resulting from that refusal, including storage costs, until you accept delivery. Risk of the loss of the goods passes to you on delivery.
6. ACCEPTANCE
You have the right to cancel the order up to seven days after the day of receiving your goods. You must return the goods at your expense in their original packaging unused to Motolug Ltd who on receipt will issue you with a refund less original shipping costs . After this seven day period, you will have accepted the Product. If Motolug agrees to the return of the Product after this period, the product must be returned at your cost in its original condition and packaging to Motolug Ltd, who on receipt will issue you with a refund less original shipping costs
7. WARRANTY
Unless otherwise stated, Motolug guarantees to you that its products will be free from defects for 12 months from delivery. Should the Product be defective within this period, Motolug will repair or replace the Product within a reasonable time. All reasonable care and endeavour shall be used to resolve problems within a realistic period. Motolug warranty is given in place of all implied warranties and that such implied warranties are excluded to the fullest permitted extent. Motolug may revise its limited warranties from time to time but any such change will not affect orders acknowledged by us prior to the date of such change. Motolug does not give a warranty guarantee protection for:
i. damage caused by incorrect installation, use, modification or repair by any unauthorised 3rd party or yourself; ii. damage caused by any party (except Motolug) or other excessive external force (eg. overloading); iii. fitness for any particular purpose; iv. failure to follow recommended maintenance procedures; v. damage to tyres (unless reported on delivery); vi. cosmetic or paint damage; vii. corrosion
8. PRODUCTS
Quoted load capacities are based on normal driving on reasonably maintained roads. Excessively high speeds, particularly high speed cornering must be avoided, always drive within the speed limits. Use on rough terrain, poor quality roads and off-road is permitted but loads and speeds must be reduced accordingly. Motolug products are designed to allow compliance with applicable laws in the territories where they are sold, however, it is the users responsibility to ensure they operate the unit legally.
9. LIABILITY
Motolug does not accept liability for 1) indirect or consequential loss, 2) loss of business profits, salary, revenue, savings, 3) damage remedied by Motolug within reasonable time, 4) loss avoidable by you through reasonable conduct, including following our reasonable advice generally, 5) all items excluded from the Warranty or by Force Majeure.
10. FORCE MAJEURE
Motolug is not liable for delays in performance (incl. delivery) caused by circumstances beyond its reasonable control and will be entitled to a time extension for performance; examples include strikes, terrorist acts, war, supplier / transport / production problems, exchange fluctuations, governmental or regulatory action and natural disasters. If this lasts more than 2 months, this Agreement may be terminated by either party without compensation.
11. INTELLECTUAL PROPERTY
Use of our products for the purpose of copying and/or reverse engineering may be a breach of copyright or other intellectual property protection including design registration and/or patents. Any such action is forbidden, it would constitute a serious breach of these terms and conditions and would be pursued to the greatest extent possible under the relevant laws.
12. TERMINATION
Motolug may terminate this Agreement with immediate written notice if you fail to pay on time. Either party may terminate if the other: 1) commits a material or persistent breach of this Agreement and fails to remedy this within 30 days of written notice from the other; or 2) becomes insolvent or is unable to pay debts as they fall due.
13. JURISDICTION
English law and the exclusive court jurisdiction of the English courts will apply to this Agreement. The Vienna Convention on Contracts for the International Sale of Goods is excluded. The interpretation of any clause or sub-clause above will not in any way be limited or restricted by reference 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 force and effect.
14. STATUTORY RIGHTS
Your statutory rights are not affected by anything contained in these terms and conditions.
