Motordrive Limited terms and conditions
These terms and conditions should be read carefully before using our website or ordering any goods or services from us. These terms and conditions apply when entering into a sales contract with Motordrive Limited and when using our website.
You should understand that by continuing to use this website and in ordering any goods or services from us through this website, over the telephone, by email or in person, you agree to be bound by these terms and conditions.
We recommend that you save a copy of these terms and conditions for your future reference. If you refuse to accept these terms and conditions you should not continue with the use of our website and you will not be able to order any of the goods or services available from Motordrive Limited.
The ‘Seller’ and ‘Motordrive’ are interchangeable and mean Motordrive Limited, Unit 30, Tomlinson Road Business Park, Leyland, PR25 2DY, United Kingdom.
The ‘Customer’ and the ‘Buyer’ are interchangeable and mean the person or business entity who buys or who agrees to buy the product from the Seller.
The ‘Goods’ are the products or services that the Customer agrees to buy from the Seller.
These Conditions shall form the basis of the Contract between the Seller and the Customer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Customer’s standard conditions of purchase or any other conditions which the Customer may purport to apply under any purchase order or confirmation of order or any other document.
When we accept orders the resulting legal contract is between you the Buyer and Motordrive Limited the Seller. By placing an order with Motordrive, you The Customer are accepting these terms and conditions to the exclusion of all other terms and conditions. All orders are subject to acceptance by us and we will confirm such acceptance to you.
By placing an order with Motordrive the Buyer warrants that they are legally capable of entering into binding contracts and that you are at least 18 years old.
Order & Price
The Price shall be the price quoted on the Seller’s confirmation of order.
Neither a quotation for goods given by Motordrive or a website order receipt acknowledgement constitutes an offer.
Once accepted by the Seller an order from the Customer may be cancelled only at the discretion of the Seller.
The Seller may request a non-refundable deposit up to 100% of the price, and where applicable the vat, to accept an order from the Customer.
The Price for any Goods ordered from us through this website will be as quoted on the site, except in the case of obvious errors. We try to ensure that all prices displayed on our website are accurate, but the price of the goods on your order will need to be validated by us prior to processing your order. If there is a problem, we will inform you of the correct price and will give you the opportunity to purchase the goods at the correct price.
Prices are liable to change at any time, but any changes will not affect orders already placed and confirmed.
The Prices of Goods quoted on the website are shown before Value Added Tax (‘VAT’) and delivery charges. VAT and delivery charges are calculated at the point of checkout and will form part of the total value charged to the Customer.
Payment and Interest
Unless by prior agreement no credit is offered by the Seller to the Buyer, prices and transactions are in Pounds Sterling only and payment of the Price, Carriage and any applicable VAT shall be due by bank transfer or by card payment before the goods are dispatched or on demand whichever is earlier.
Where credit is offered the Buyer must, without exception maintain their debt to the Seller within the credit limit and within the payment terms; default of these payment terms will result in the removal of trade discounts on all un-paid invoices.
In the event of a deposit being requested by the Seller from the Buyer, this will be due on demand and no order will be deemed to be accepted by the Seller prior to the deposit being received from the Buyer. Deposits are non-refundable.
Interest on overdue invoices shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of 8% per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgment.
The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.
Unless credit terms have been pre-agreed goods will not be dispatched until full and final payment has been received.
Payments can take up to 3 working days to show as cleared funds.
Where a Customer requests the embroidery of a logo it is the duty of the Customer to ensure they have the right and express permission of the copyright/trademark holder to reproduce the logo. If the Customer approves an order with Motordrive and a copyright/trademark claim is raised, the Customer will be solely liable for any copyright/trademark claims and costs that Motordrive may incur as a result of producing the order for the personalised product.
The Goods are described on the Seller’s website, in the Seller’s sales literature, on the sales order confirmation, in email and telephone correspondence and on the sales invoice.
The Seller reserves the right to amend or change the specification of the Goods without prior notice in the interests of product development, if required by any applicable statutory or regulatory requirements.
All product literature and specifications therein, including but not limited to those provided on our website and in technical drawings, are approximate only; none of these shall form part of the contract.
Whilst every care is taken at all stages of manufacture, the company will not accept any responsibility for subsequent costs or expenses incurred as a result of the use or fitting of the company’s product.
Whilst the Seller will, on request, offer additional information to the Customer regarding the Goods, there is no guarantee provided or implied that Goods will fit the Customer or their vehicle and the choice of Goods is the sole responsibility of the Buyer.
Delivery of the Goods
Where delivery is part of the contract between the Customer and the Seller the delivery is charged at variable rates depending on customer location and will be quoted on the order summary. This order summary will be presented either at the checkout for website sales or on the quote provided with orders placed by telephone, email or in person.
Should you the Buyer not be at the delivery address on the day of delivery to sign for the parcel, our courier will leave a calling card and will attempt re-delivery. We reserve the right to charge for re-delivery if you are not present. If re-delivery fails the package will be returned to Motordrive and you will have to pay a new delivery charge for the goods to be resent.
Motordrive does not accept any liability if the Customer has provided incorrect delivery details, therefore please ensure these are correct at the time of ordering. If there are particular delivery requests or instructions the Customer must inform the Seller at the point of ordering.
Orders for delivery outside of the UK are dispatched with freight forwarding handlers who can use air, sea and road freight services. Dispatches outside the UK and to Northern Ireland are made under Incoterms which will be quoted on the sales order and form part of the contract between the Seller and Buyer. Orders for delivery to non-UK destinations should not be made via this website, such orders are to be placed by email or telephone.
The Seller undertakes to use its reasonable endeavours to have available the Goods on an agreed dispatch date, but does not guarantee to do so. Any delivery time or date given by Motordrive is an estimate only and not a term of the contract. Please make sure you have checked with us in advance if the product you purchased is required by a specific date.
If, at the time of ordering, the Goods are not immediately available for delivery, Motordrive shall deliver the goods when they become available, unless otherwise requested in writing by the Customer at the time of order. The Seller shall not be liable for any loss or damage in respect of any delay in the delivery howsoever arising.
The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late availability or short delivery of the Goods. If short delivery does take place, the Buyer may not reject the Goods but shall accept the Goods delivered as part performance of the contract, and a pro-rata adjustment to the Price shall be made. If you are ordering more than one Product, you should be aware that Products are sometimes delivered separately.
Where Goods are sold ex-works it is the Buyer’s responsibility to arrange for collection of the Goods and they are transported at the Buyer’s risk. If the Buyer fails to collect the Goods on the agreed dispatch date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.
The Seller warrants that on the date of delivery of the Goods, the Goods shall:
- conform with their description;
- be of satisfactory quality with the meaning of the Sale of Goods Act 1979; and
- be fit for any purpose held out by the Seller.
No further or extended warranty is offered or implied.
Acceptance of the Goods
The courier will require a signature for the delivery. Once we have proof of delivery from the courier, the contract is complete and non-delivery claims cannot be accepted or processed.
Upon receipt of the Goods, the Buyer must inspect the Goods carefully as to contents and condition. All claims for damaged or missing items MUST be reported in writing to the Seller upon receipt of the goods or within 48hrs. After discovering that some or all of the goods do not comply with the Warranty above, the Buyer must complete the returns form and, once instructed by the Seller, return the Goods to the Seller at the Buyer’s cost and the Seller shall, at its option, repair or replace any Goods that are defective, or refund the price of such defective Goods.
Where the Buyer has accepted, or has been deemed to have accepted the Goods, the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
In the event your package arrives damaged, it is the responsibility of you, the Customer, to inspect the goods whilst the driver is present and make him aware of the damage. All damaged products have to be signed for as damaged. All packaging must be retained until the problem has been resolved. If damage in transit is not reported to the driver on delivery by the Customer, the Customer forfeits their right to claim against Motordrive for said damages.
Motordrive will not be held responsible for any consequential or incidental damage resulting from the sale or use of any merchandise bought from us. The Seller’s sole responsibility will only be the monetary value of the merchandise.
Title and risk
Risk shall pass on acceptance of delivery of the Goods by the Seller (or the Seller’s representative) or collection of the Goods by the Seller (or the Seller’s representative).
Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.
Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.
The Seller may at any time before title passes and without any liability to the Buyer:
- repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and
- for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.
The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.
Cancellation, Return and Refund Policy
We hope that you will be happy with the Products that you buy from Motordrive however we also understand that there may, by exception, be reasons to request a cancellation or return and so we have set out a clear policy here in our terms and conditions.
Once accepted by Motordrive an order from the Customer may be cancelled only at the discretion of Motordrive.
Products from the custom ranges or any other personalised Product cannot be returned under the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 as they are tailor made.
Non-custom products including Partnership seats, purchased by distance selling, can be returned within 14 days of delivery under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. The Customer is responsible for returning the goods and for the cost of return carriage. Motordrive do not arrange collection for returns. Please be aware that carriage costs for seats can vary significantly and are often very expensive with domestic couriers in mainland UK.
If returning Goods Customers are recommended to insure Goods for the appropriate value in transit and to ensure that the consignments are tracked and signed for. In transit enhanced insurance will normally incur additional costs from the courier. Customers remain responsible for products until they are safely delivered and signed for by Motordrive.
To return an item the Customer must in the first instance complete and submit the ‘Returns Request Form’ available on this website and await approval by Motordrive BEFORE returning the goods, a copy of receipt and original packaging to Motordrive at the address indicated on the returns form. The returns form must be submitted to Motordrive within 14 days of the Goods being received by the Customer.
We must stress that the items must be securely packaged to avoid damage during the return. The items should be securely packaged, ideally in the original box. If the item is returned without sufficient packaging or un-boxed and is damaged in transit, the return will be rejected and any claims with the courier will be void.
Returned goods will be inspected by Motordrive and a full refund will be issued only if the Products are in their original condition. If the products are damaged or soiled then the costs of repair will be deducted from the value of the refund and in extreme cases if the product is damaged beyond repair it will be rejected and no refund will be issued.
Please be aware that Motordrive supply motorsport safety equipment of the highest quality. To maintain safety and quality standards Motordrive’s returns inspection procedures are thorough and customers should therefore not return items that have been used in any way, including sitting in seats or a trial fit in the car which will likely cause damage to the surface of the product.
No charges are applied for the inspection of returned Products however, where repairs or cleaning are necessary, charges will be deducted from the Customer’s refund including time and material costs. When Products are handled outside of their protective packaging then it is likely that they will have signs of handling and therefore, if returned having been fully opened, may incur a cleaning charge.
As custom products cannot be returned and there are costs in returning non-custom products, we ask customers to carefully review the full product specification before purchase.
All sales are covered by the statutory protection of The Consumer Rights Act 2015.
Limitation of Liability:
Nothing in these Conditions shall limit or exclude the Seller’s liability for:
- death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
- fraud or fraudulent misrepresentation; or
- any other liability to the extent that it may not be excluded or limited as a matter of law.
The Seller shall under no circumstances whatever be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract. The Seller’s liability in connection with any Product(s) is strictly limited to the purchase price of such product or service.
After the Buyer’s acceptance of the goods, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
We shall not be liable to you, for any failure or delay in performance of our contract, if it is due to an event beyond our reasonable control. Including, without limitation, acts of God, war, industrial dispute, fire, flood and national emergencies and if so delayed we shall be entitled to a reasonable extension of time for performing such obligations. If the Force Majeure Event prevents the Seller from providing any of the Goods for more than 8 weeks, the Seller shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Buyer.
These limitations of liability conditions shall survive termination of the Contract.
Although we have made every effort to ensure the information provided on the Motordrive website is accurate, we cannot guarantee its accuracy. The site is designed to assist you in making your purchasing decisions, and is not intended to be the definitive source of accurate information. You are solely responsible for verifying the information on the site before you make your purchases. We will not be held responsible for inaccurate information, part numbers, specifications or model applications. Also please note that the actual colour of some items may differ slightly from the representations displayed on the web site. We are not obligated to sell at listed prices if there is an error.
We do not guarantee that use of the Motordrive website will be compatible with all hardware and software which may be used by visitors to the site. We will be under no liability to you whatsoever whether in contract, tort (including negligence) breach of statutory duty, restitution or otherwise for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of any information or other materials contained in this website, including, without limitation, as a result of any computer virus or any errors in the content of this website or any communication from us regarding the same.
This website is controlled and operated by us from our offices in England. The information, existence, construction, performance, validity in all aspects whatsoever of these terms and conditions or of any terms of these terms and conditions or any dispute in relation to the material contained in this website shall be governed by English Law and where a dispute arises in Wales, the applicable law will be English law as applied in Wales. The English and Welsh courts shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions of use of the website.
The Motordrive Limited website contains links to other websites. Motordrive accepts no responsibility or liability for the content of other websites which are not under their strict control. Any link is not intended to be, nor should be construed as, an endorsement of any kind by Motordrive of that other website. Any arrangements made between a Customer and any third party named or referred to on the Motordrive website are entirely at your sole risk and responsibility. No links to the Motordrive website from another website or document are permitted without prior written consent of an officer of Motordrive Limited.
Your continued use of this website indicates your acceptance of these terms and conditions.
Your satisfaction is important to us and so we try to resolve disputes when they first arise. Where you have cause to raise a complaint we will however endeavour to acknowledge all complaints within 7 working days and resolve them as soon as we possibly can when we have assessed all of the facts. If you have a complaint please contact us by telephone on +44 (0)1772 624024, by email at email@example.com or by post at Motordrive Limited, Unit 30, Tomlinson Road Business Park, Leyland, PR25 2DY, UK.
Notices – Any notice or other communication given to a party under contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered, by email to firstname.lastname@example.org or sent by prepaid first-class airmail post, or an equivalent service through a commercial courier. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
Waiver – A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Nothing in these terms & conditions is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, nor constitute either party the agent of another party for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
Third parties – A person who is not a party to the Contract shall not have any rights to enforce its terms.
Variation – Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions shall be effective unless it is agreed in writing and signed by the Seller. These terms and conditions contain the entire agreement and understanding of the parties relating to the subject matter of this Contract and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between the parties, whether written or oral.
Governing law and Jurisdiction – Agreements made under these terms and conditions, via our website or other means, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with such agreements or their subject matter or formation (including non-contractual disputes or claims).
We reserve the right to change these terms and conditions from time to time. Any such changes shall not affect any contract subsisting between us at the time of such change. Please check these terms and conditions before browsing our website and before you make any new purchase. We advise you to keep safe a copy of these terms and conditions for your reference.