Terms & Conditions / Returns & Delivery information
Contact details:
Lloyd Cooper Motorcycles Limited
59-61 Queens Road, Watford, Hertfordshire, WD17 2QN
Tel: 01923 221125
Fax: 01923 219271
Email: Watford@lloyd-cooper.com
Deliveries:
We hope to have your goods (stock items) to you within 48 hours but please
allow up to seven days for your delivery.
For deliveries to Northern Island/Isle of Man/Europe/Scottish Islands and
any International destinations please contact us for charges.
Returns:
Goods which are unsuitable may be returned for a credit on account, refund
or exchange if they are returned to us within 7 seven days of receipt.
This is all subject to the following conditions:
-Items to be returned carriage paid by you the customer.
-We must receive items in a resalable condition.
-Items must be unused and in the original packaging with all labels and tags
attached in order to secure a refund.
-We reserve the right to levy a charge to replace product packaging, which
is damaged or defaced.
-Any item returned to us after 7 days from receipt may be subject to a restocking
charge of not less than 10%. This does not affect your statutory rights.
-We cannot accept any items for return, which have been a non-stock special
order.
-Any returned items must include your name, address, contact phone number,
reference number and reason for return.
-We do not accept responsibility for returned items, which are undelivered.
Please retain your proof of postage etc in the unfortunate event of a claim with
your carrier.
- Lloyd Cooper motorcycles is not responsible for any labour charges incurred
during fitment or removal of allegedly faulty parts or incorrectly supplied parts.
Please contact us regarding any shortages or damage within 4 days of receipt. We
may be unable to process any claim after this time due to circumstances beyond our
control.
Deposits:
On certain non stock items or special order items we reserve the right to
charge a deposit of £100.00 or 25% of the order value to the customer credit/debit
card which is non returnable in the event of cancellation, based upon the customer’s
implicit instructions to order the goods on their behalf. We will contact you to
discuss such orders with you.
Definitions:
1. Any reference to Company/Seller/We/Us shall mean Lloyd Cooper Motorcycles
Limited, 59-61 Queens Road, Watford, Hertfordshire, WD17 2QN United Kingdom (registered
office 3254737) who sell/supply motorcycles/motorcycle equipment clothing, helmets,
accessories, parts in the course of their trade or business.
2. Any reference to You/Buyer/Purchaser/Customer shall mean any person, sole
trader, partnership, business, body corporate or other entity detailed in the appropriate
section of the sale invoice/order form and shall include all successors, heirs and
assigns. Where the buyer purchases in the course of a trade, profession, vocation,
hobby or sport (where the buyer is a specialist or enthusiast) it is agreed that
such buyer shall mean a trade buyer. Where a person deals entirely as a consumer,
statutory rights remain unaffected. When the term buyer appears within these terms
it shall mean both trade and consumer buyer/purchaser unless specified as relating
to a trade buyer or consumer buyer individually.
3. Goods or equipment ordered shall mean the items detailed in the appropriate
section of the sales/order form and it shall be a core term of this agreement that
all additional parts, connecting components or ancillary items, not detailed within
the sales order form, shall be additional to this agreement.
4. In respect of orders placed via the internet, such orders shall be mere
offers to purchase and shall not be accepted or binding upon the Company until confirmed
or acknowledged in writing by the Company by means of invoice or statement. Order
acknowledgement shall not amount to confirmation or order and the company reserves
the right to refuse any offer to purchase prior to written confirmation.
General:
5. ‘Working day’ shall mean any day from Tuesday to Saturday. We are closed
on the Tuesday following a bank holiday Monday.
6. These conditions shall apply to all of the company’s quotations and contracts,
orders (including telephone, facsimile transmittal, postal and internet orders)
for the sale or supply of goods accepted by the company.
7. Brochure descriptions, Web Site information and samples on display are
indicative only and any specifications, weights, measurements and technical data
(whether relating to performance or otherwise) have been prepared by manufacturers
and are for guidance only. Buyers are therefore required to check current specification,
colours, weights and measurements with manufacturers or the Company, prior to order,
as manufacturers, may alter specifications to improve products. Manufacturers also
reserve the right to amend specifications, without notice, in order to improve products
or where amendment becomes necessary and the company shall endeavour to inform the
purchaser of any such amendment or change.
8. The company reserves the right to amend technical or clerical errors in
any order without notice. In addition, the buyer shall ensure that all details contained
within the order are correct prior to submission to the company. Subsequent to delivery,
the company shall accept no liability for any error or inaccuracy in order unless
notified of such error within seven days of delivery/receipt of any document containing
the said error.
Guarantees:
9. All guarantees for products are provided entirely by the manufacturers/UK
importers and are subject to terms contained therein. Purchasers are reminded to
complete and return all warranty cards/documents upon receipt of goods where appropriate.
Limitations upon Liability:
10. Advice given by agents or servants of this company during telephone/internet
orders is based entirely upon information given by the purchaser with no inspection
undertaken. As such, all advice given is indicative only and the purchaser prior
to order should check all such advice. Where agents or servants of this company
give advice after visual inspection, such advice shall amount to an opinion only.
Additionally, goods supplied are supplied only to correspond to the purpose for
which goods of that kind are commonly supplied and not alternative uses to which
they may be put. This company for such alternative use, amendments or modification
can accept no liability for failure.
11. For trade buyers, the company is hereby excluded from any liability, howsoever
arising, in respect of any express or implied condition, warranty or term, statement,
representation whether statutory or otherwise, relating to the goods supplied. The
trade buyer accepts that he is best placed to insure against losses, which arise
by virtue of any breach of this agreement, and warrants that he carries adequate
insurance in this respect.
12. Goods ordered by the buyer may not be compatible with vehicles that have
been modified, adapted or altered. Where goods ordered by the purchaser are not
compatible by reason of modification, adaptation or alteration, the company may
accept such goods back into stock entirely at it’s discretion and shall either issue
a refund or credit to the purchaser except where goods are specifically ordered
for the purchaser where no such refund or credit will operate.
13. Where goods purchased by the buyer are alleged to be defective, the purchaser
agrees to return such goods to the seller for inspection and report (without the
seller replacing the said goods prior to such inspection) The purchaser also accepts
that it is reasonable to inform the seller of any interruption, defect or other
failure prior to contacting independent third parties or incurring expense and in
addition, to allow the seller to remedy the defect, failure or interruption. The
manufacturer shall no longer warrant parts modified or adapted by the purchaser
nor shall the company be liable for any failures resulting subsequent to modification
as a result of such modification.
14. Competition goods are supplied for specialist use and are subject to extreme
heat and stress whilst in use. Life expectancy and durability are greatly reduced
and purchasers should note that any claim for failure/wear shall not be entertained
by the company and it is agreed that such use shall be a relevant circumstance for
the Sale of Goods Act 1979(as amended). In addition, parts connected to parts supplied
by this company may be placed under stress where specialist/competition parts are
used and purchasers should take advice from experts prior to purchase. Manufacturers
may also limit guarantees when components are installed for competition use.
15. Where goods are defective, incorrectly supplied, delayed or otherwise
in breach of the implied terms of the buyers statutory rights all losses which result
from loss of competition points, awards, loss of entry fees or other similar losses,
are excluded and shall not be reclaimed from the Company. In addition, the company
shall accept no liability for death or personal injury unless caused by the Companies
own negligence.
16. No liability is accepted by the company where purchasers attempt to modify
or install components supplied where it is known or ought reasonably to be known
to the Purchaser that the part supplied is incorrectly supplied or otherwise not
in accordance with the order.
17. The company accepts no liability in respect of failure to supply or other
interruptions caused by matters beyond the reasonable control of the company, including
but without limitation, strikes, lockouts, civil disputes, acts of God, war or actions
by third parties.
18. Notwithstanding any other provision of this agreement, nothing in this
agreement shall confer a benefit on any person or persons not named as the purchaser
herein (for the purpose of the Contract (rights of third parties) Act 1999 or for
any other purpose)
Payment Terms
19. Quotations are given on the assumption that no variations in the price
will be made by the manufacturer/sole importer and that Government levies remain
unaltered. In the event of such changes, the trade buyer shall be liable for the
full cost of any change without notice from the company. A consumer buyer shall
be contacted by the company and consent for any price increase obtained. Where no
such consent is obtained the consumer Buyers agreement to purchase shall be treated
as cancelled. Buyers are hereby informed that calling down of smaller quantities
of material than ordered may increase the overall price per unit, there being reduced
economies of scale in order. The resultant additional cost shall be the buyers.
20. Unless otherwise stipulated within the sales invoice/order form, all accounts
are payable with order or otherwise in accordance with the terms of the trade buyer’s
credit account. Where default occurs in payment by the trade buyer, default interest
shall became payable in accordance with the Late payment of commercial debts (interest)
Act 1998 at the maximum rate permissible there under or in accordance with the credit
terms agreed or, where the buyer is a consumer, a 2% above the base rate of the
Lloyds TSB Group PLC.
Title & Delivery
21. Ownership or title to the product shall not pass to the buyer until the
company has received payment in full. In the event that sums owing in respect of
other items ordered remain due, apportionment by this company shall take place without
prejudice to the right to retain title or ownership in respect of all goods ordered.
22. Delivery times will be quoted at time of order and all times given for
despatch or delivery are approximate and time shall not be of the essence. The buyer
agrees to give 20 days in any written notice making time of the essence, such notice
to commence subsequent to the last time for delivery quoted by the Company. The
buyer further agrees to accept full liability in respect of delayed or late delivery
or dispatch prior to the expiry of any such notice in respect of special order goods,
the buyer acknowledges that further delays may occur and allows the company 30 days
in any written notice, such notice to commence subsequent to the last time for delivery
quoted by the company. In any event, delivery times are approximate and variable.
When delivery is affected to the purchaser directly or to an independent delivery
contractor as agent for the purchaser, risk shall pass to the buyer immediately.
23. The buyer is required to notify the Company, in writing, of any shortage,
misdelivery or other discrepancy immediately, or at the latest within seven days
of such shortage, misdelivery or failure, thereafter the buyer shall be liable for
any such discrepancy. Where delivery is affected to the buyers own independent delivery
contractor, loss or damage in transit claims should be made directly to the carrier.
The company will assist purchasers in making their claim. Buyers should retain all
packaging in the event of a claim or return within the terms of this agreement.
24. Delivery and packing prices indicated within the Companies Brochures and
Internet Site are subject to change and will be confirmed at the time of order.
Buyers outside the United Kingdom and Europe shall be quoted approximate prices
for delivery and packing prior to order confirmation. If required the Company shall
quote for delivery and packing in such instances and confirmation of acceptance
shall be required from the buyer prior to acceptance of the order.
Cancellation of orders & deliveries
Clauses 26,27,28 &29 below shall only apply t a person who purchases goods
as a consumer buyer and is resident within European Economic Community where rights
which accrue by virtue of the Consumer Protection (Distance selling) Regulations
apply.
25. A consumer buyer shall have the right to cancel any contract for goods
made by means of distance communication, in accordance with these Terms & Conditions,
within seven working days of delivery of the goods. Special order goods shall not
be returnable under the terms of this clause. Cancellation of the contract can be
effected by service of a Written Notice signed by the consumer buyer which details
clearly the Companies Sales Order number and the name and address of the consumer
Buyer and delivered either by fax to the number printed on the invoice or by post
to the company’s registered office.
26. If a written notice of Cancellation is received by the Company in accordance
with clause 25 the Consumer Buyer shall become liable to return the goods to the
Company forthwith, to such address as directed by the Company in their original
packaging (and without having been installed or used and with all relevant seals
and enclosures intact) and at the consumer buyer’s sole expense.
27. If the consumer Buyer fails to return the goods in accordance with clause
26 within 7 days of the cancellation of the contract, the Company shall be entitled
to collect the goods from the consumer buyer and to recover any reasonable costs
involved in such collection from the consumer buyer.
28. The Company shall then affect a refund of any monies owing to the consumer
buyer in respect of the goods within 30 days from the date of cancellation or receipt
of goods by the company. Such a refund will be subject to any set off of monies
to which the company is entitled under clause 27.
29. Goods purchased and delivered to the Buyer otherwise than by means of
distance communication (including a trade buyer) may be returned to the Company
in original packaging (and without being installed or used and with all relevant
seals and enclosures intact) for credit within 7 days of receipt by the buyer, subject
to a restocking charge of not less than 10% of the value of the order. Credit shall
be subject to the Buyer producing proof of purchase and returning goods carriage
paid. Special order goods shall not be returnable by virtue of this clause.
30. The Trade Buyer shall indemnify the company against all actions, claims,
demands, penalties and cost brought by or incurred by third parties or this company
is tort, contract, infringements of or alleged infringements of patents or registered
designs or otherwise arising in connection with the goods or their delivery or unloading
or with work done by the company in accordance with the buyers specifications.
31. The Buyer confirms that he shall comply with any or all rules and instructions
relating to installation and use of the product concerned and fully accepts that
any loss which results from forced, misdirected, inappropriate or unqualified installation
or use shall not be accepted by the Company.
32. A UK currency transaction in UK Pounds sterling only is the only form
of payment that the Company will accept.
Jurisdiction
These terms and this agreement (including an agreement concluded by means
of distance communication) shall be interpreted in accordance with English Law and
industry custom and practice, and English and Welsh courts shall have sole jurisdiction
in respect of any dispute arising there from.