WEST COAST (GLASGOW) LTD
TERMS & CONDITIONS OF SALE (MOTORCYCLES (NEW & USED)/PAM)
v “West Coast (Glasgow) Ltd”, the vendor of the goods to the Customer.
v “The Customer”, the person stated on the order/invoice/quote, contracting for goods and services to be supplied by West Coast (Glasgow) Ltd.
v “Goods” means all motorcycles/parts/accessories/motorclothes as defined, or other goods and services to be sold by the Dealer to the Customer.
v “Motorcycle” includes any motorcycle and generally each and every accessory/part to and component thereof.
v These terms shall represent the whole contract between the Dealer and the Customer. They maybe varied only by written agreement between the parties.
v The singular shall include the plural and the male shall include the female/a gender or any business entity as maybe appropriate.
v In the event of any one or more of these terms & conditions being declared non-enforceable, the remaining terms & conditions shall nonetheless remain in full force and effect.
v Unless specifically agreed in writing, time for delivery is not guaranteed.
v Where the date for delivery of the goods is not known at time of sale, any date provided is an estimate only and is dependent on the provision of the Goods to West Coast (Glasgow) Ltd by the Supplier/Manufacturer. West Coast (Glasgow) Ltd will use its best endeavours to secure delivery of the Goods by the estimated delivery date (if any) but does not guarantee the time of delivery. West Coast (Glasgow) Ltd shall not be obliged to fulfil orders in the sequence in which they are placed.
v If the Goods to be supplied by West Coast (Glasgow) Ltd are new, the following provisions shall have effect:-
Ø This Agreement and the delivery of the Goods shall be subject to any terms & conditions which the manufacturer or concessionaire may from time to time lawfully attach to the supply of the Goods or the resale of such Goods by the Dealer. West Coast (Glasgow) Ltd shall not be liable for any failure to deliver Goods occasioned by its inability to obtain them from the manufacturer or concessionaire or by its compliance with such terms & conditions.
Ø West Coast (Glasgow) Ltd undertakes that they will ensure that the pre-delivery work specified by the manufacturer or concessionaire is performed and that they will use their best endeavours to obtain for the Customer from the manufacturer or concessionaire the benefit of any warranty or guarantee given by them to West Coast (Glasgow) Ltd.
Ø Any figure provided within the documents for Road Tax is provided as guidance only notwithstanding the sum for Road Tax specified in the documents, the sum payable by the Customer in respect thereof shall be such sum as West Coast (Glasgow) Ltd has legally had to pay or becomes legally bound to pay for Road Tax in respect of the Goods.
Ø Any figure provided within the documents for Value Added Tax is provided as guidance only. Notwithstanding also the sum for Value Added Tax specified in the documents, the sum payable by the Customer in respect thereof shall be the sum for which West Coast (Glasgow) Ltd becomes legally liable at the time the taxable supply occurs.
Ø If after the date of this order and before delivery of the Goods to the Customer, the manufacturer’s or concessionaire’s recommended price for any of the Goods, or specification of the same shall be altered, West Coast (Glasgow) Ltd shall give notice of any such alteration to the Customer, and in the event of the manufacturer’s or concessionaire’s recommended price for the Goods being increased, the amount of such increase which West Coast (Glasgow) Ltd intends to pass to the Customer shall be notified to the Customer. The Customer shall have the right to cancel the contract within 14 days of the receipt of such notice. If the Customer does not give such notice as aforesaid, the increase in the price shall be added to become part of the contract price.
Ø In the event of the manufacturer of the Goods described in the order cease to make the Goods of that type, the Dealer may (whether the estimated delivery date has arrived or not) by notice in writing to the Customer, cancel the contract.
v If a motorcycle supplied by West Coast (Glasgow) Ltd is used, the motorcycle is supplied as roadworthy at the date of delivery.
v Prior to signing an order/invoice, the Customer shall examine the motorcycle and terms set out in the Customer’s documents, the Customer is reminded that the conditions of satisfactory quality and fitness for purpose implied by Consumer Right’s Act 2015 do not operate in relation to such defects which the examination ought to reveal. Should the Motorcycle be sold also subject to defects notified by the Dealer to the Customer before signing the order/invoice, the implied conditions of satisfactory quality and fitness for purpose do not operate in relation to those defects. Any variation agreed between the Dealer and the Customer regarding the motorcycle to be supplied shall be deemed to be an amendment to this Contract and shall not constitute a new contract.
Delivery and Payment
v The Customer shall be liable to pay for the Goods immediately upon notification by the Dealer. West Coast (Glasgow) Ltd may, in its discretion, demand a deposit at the time when the order for Goods is placed by the Customer and shall not be obliged to progress the order or otherwise implement the contract until the deposit is paid in full. The Dealer reserves the right to retain the deposit in the event of cancellation other than for the reasons detailed in these terms.
Place of Delivery
v Unless otherwise agreed in writing delivery of the Goods shall take place at West Coast (Glasgow) Ltd premises this being the site that the original order was taken.
v West Coast (Glasgow) Ltd reserves the right to make a reasonable daily charge for the storage of the motorcycle/motorcycles (and all parts and accessories associated with said motorcycle) not collected at agreed delivery date.
Loss or Damage
v West Coast (Glasgow) Ltd shall be responsible for the loss of or damage to any motorcycle only if caused by negligence by West Coast (Glasgow) Ltd or its employees. The Customer is strongly advised to remove any items of value not related to the motorcycle.
Retention of Title and Risk
v Risk of damage to or loss of the Goods are at the risk of the Customer as soon as they are delivered into the physical possession of the Customer or their nominated representative.
v Goods shall remain the sole and absolute property of West Coast (Glasgow) Ltd as legal owner until such time as the Customer shall have paid to West Coast (Glasgow) Ltd the full price together with all storage charges that may be due to West Coast (Glasgow) Ltd under this contract.
v Where West Coast (Glasgow) Ltd agrees to allow part of the price of the Goods to be discharged by the customer delivering a used vehicle in part exchange to West Coast (Glasgow) Ltd, in consideration of such allowance, it is hereby agreed that the following further conditions will apply:-
Ø West Coast (Glasgow) Ltd accepts the used vehicle in reliance of the warranties granted by the Customer, including but not limited to the age, mileage and condition of the vehicle.
Ø that such used Vehicle is the absolute property of the Customer and is free from all encumbrances.
Ø that such used vehicle is the subject of a hire purchase or agreement or other encumbrance capable of cash settlement by the Dealer, in which case the allowance shall be reduced by the amount required to be paid by West Coast (Glasgow) Ltd in settlement thereof.
Ø If West Coast (Glasgow) Ltd has examined the said used vehicle prior to confirmation and acceptance of this order, the used vehicle shall be delivered to them in the same condition at the date of such examination (fair wear and tear excepted).
Ø that such used vehicle shall be delivered to West Coast (Glasgow) Ltd on or before delivery of the Goods to be supplied by them hereunder, and the property in the said used Vehicle shall thereupon pass to West Coast (Glasgow) Ltd absolutely.
Authority to Uplift
v Where a person who, so far as West Coast (Glasgow) Ltd is aware, has authority to uplift Goods or Motorcycle, West Coast (Glasgow) Ltd shall have no liability to the Customer for any loss or damage resulting on any grounds whatsoever. It shall not be obligatory upon West Coast (Glasgow) Ltd to confirm the authority of any person reasonably believed to be the agent, or to have been at some time, connected with the Customer.
Authority to Drive
v In connection with the supply of a Motorcycle or an inspection or testing or the preparation of any estimate in connection therewith, West Coast (Glasgow) Ltd shall be entitled to drive the motorcycle on the road or elsewhere as it shall deem necessary. These provisions shall apply also to any Vehicle offered by the Customer in part-exchange.
Export Outside EU
v West Coast (Glasgow) Ltd reserves the right to cancel any order if it believes that:-
Ø the Customer is a corporation, its place of business is not within the European Union; or
Ø where the Customer is a finance company and either, the Goods are not being purchased on behalf of an end user.
v If, and only if, the Customer has acted as a Consumer, where this Agreement has been completed away from our business premises and/or without any face to face contact between us and you; or anyone acting on your or our respective behalf and unless tailored to your specification, you may give notice to cancel this Agreement within 14 days without giving any reason.
v This cancellation period will expire 14 days after the day on which you, or a third party on your behalf, takes delivery or otherwise acquires physical possession of the Goods. To exercise this right to cancel, you must inform us of your decision to cancel this Agreement in writing by clear statement (e.g. a letter sent by post, fax or email) to our address.
v To meet the cancellation deadline, it is sufficient for you to send your communication confirming your exercise of the right to cancel before the cancellation period has expired.
v If you cancel this Agreement, we will reimburse to you all payments received from you under this Agreement, without undue delay, and not later than:-
Ø 14 days after the day on which we receive the Goods back; or
Ø (if earlier) 14 days after the day you provide evidence that you have returned the Goods; or
Ø if there were no Goods supplied, 14 days after the day on which we are informed about your decision to cancel this Agreement.
v We will make the reimbursement using the same means of payment as you have used for the initial transaction, unless you have expressly agreed otherwise, but in any event you will not incur any fees as a result of the reimbursement.
v We may withhold reimbursement until we have received the Goods back or you have sent evidence of having sent back the Goods to us, whichever is the earliest. You should send back the Goods or deliver them back to us at the address shown, without undue delay and in any event not later than 14 days after the day on which you communicate your cancellation of this Agreement to us.
v This deadline is met if you send back the Goods before the period of 14 days has expired. We will require that you bear the cost of returning the Goods to us.
v You must take reasonable care of the Goods whilst they are in your possession. You will be responsible for any loss or damage from when they are delivered to you until when they are returned to us.
v You are liable for any diminished value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.
v This agreement is not applicable to any Goods that have been personalised to a customer’s specification.
v The Dealer reserves the right to make a reasonable daily charge for the storage of the customer’s motorcycle/motorcycles.
Dispute Resolution/ Jurisdiction
v In the event of a complaint or dispute of any kind our complaints handling procedure which can be found on our website at WWW.WESTCOASTHARLEY.COM/WESTCOASTMOTO.CO.UK is available from us on request.
v Where your complaint cannot be resolved, once you have exhausted our internal process you may refer the dispute to the following alternative dispute resolution processes:-
Ø Where your complaint does not relate to a financial service, National Motorcycle Dealers Association. For details of this service you can contact them on firstname.lastname@example.org or telephone 02075809122. For Harley-Davidson UK Customer Support, 0333 355 6800 or email email@example.com
Ø Where your complaint relates to Financial services, the Financial Ombudsman Service. This service is free to use. Their consumer helpline is available on 0800 023 4567 or 0300 123 9123 or you can visit their website at www.financial-ombudsman.org.uk, email them at firstname.lastname@example.org or write to the Financial Ombudsman Service, Exchange Tower, London E14 9SR.
West Coast Harley-Davidson & West Coast Moto are trading names of West Coast (Glasgow) Ltd, a company authorised and regulated by the Financial Conduct Authority for arranging general insurance. Registered in Scotland, No: SC191980. Registered office: 8 Mossland Drive, Hillington Park, Glasgow, G52 4FA.West Coast Harley-Davidson & West Coast Moto are trading names of West Coast (Glasgow) Ltd, a company regulated by HMRC as a High Value Dealer in accordance with Proceeds of Crime Act 2002, Terrorism Act 2000 and Money Laundering Regulations 2007.