Consumer Transactions

Nothing herein contained is intended to affect, nor will it affect, a Consumer’s statutory rights under The Supply of Goods and Services Act 1982, The Sale of Goods Act 1979, The Unfair Contract Terms Act 1977 or The Consumer Protection Act 1987 or any amendments thereof or statutory additions thereto.

In these Terms and Conditions:

- Contract Shall mean the contract between the Company and the Customer
- Company Shall mean Beaumont's Motorcycles
- Customer Shall mean the person, firm or company identified in or by means of the Contract as authorising contracted works, goods or services.

1. Formation of Contract
All works will be undertaken and all goods supplied by the Company subject to these terms and conditions and, subject to the statement on Consumer Transactions above, no other terms, conditions or warranties are to be implied into the Contract unless expressly accepted in writing by an authorised representative of the Company.

2. Quotations and Estimates
The Company shall only be bound by prices quoted in writing and for a specified time.

Where the Company provides a quotation to a Customer, that quotation shall be available for acceptance by the Customer for a maximum period of fourteen days, unless otherwise expressly agreed in writing by an authorised representative of the Company. The Company may by written or oral notice withdraw any quotation at any time prior to the Customer’s acceptance.

Where the Company provides the Customer with an estimate for any works to be undertaken or goods supplied, such estimate shall be provisional only and will be subject to variation in the price of parts, materials, labour or other costs and charges where any such may increase between the date of estimate and the completion of the works or the supply of the goods by the Company. Furthermore, in the case of service and repair, any estimate will also be dependent upon any further works or parts identified as being necessary by the Company.

The Company reserves the right to make a charge with respect to any estimate provided to a Customer or their authorised agent.

3. VAT
Unless otherwise stated, all prices are inclusive of VAT, however, the Company shall be entitled to vary any price to reflect any increase in the rate of VAT.

Any VAT shown on an estimate for service or repair will be the VAT rate in force at the time the estimate was prepared. The VAT charged to the Customer on completion of the service or repair will be the rate applicable at that time.

4. Payment
Unless otherwise agreed in writing, the Customer must pay for all repairs, services, parts, accessories or other goods in full at or before collection. Unless a cheque is supported by a banker’s card the Company may refuse to release the Customer’s vehicle or ordered goods until the cheque has been cleared.

No disputes arising under the Contract, nor delays beyond the reasonable control of the Company, shall interfere with prompt payment in full by the Customer.

The Company, without prejudice to any other rights, reserves the right to charge interest on overdue accounts at the rate of 2.5% above the minimum lending rate of the Company’s bankers applicable from time to time.

5. Deposit
The Company reserves the right to require the Customer to pay a deposit on the ordering of goods or contracting for services, such deposit to be determined by the Company at the time of order or contract.

If the Customer shall fail to pay for the goods or services as supplied by the Company within 7 days of notification that the same are available for collection or supply, the Company shall be entitled to treat the Contract as repudiated by the Customer. In this event the Company may retain any deposit or part thereof without prejudice to the Company’s rights to recover from the Customer by way of damages any loss or expense which the Company may suffer or incur by reason of the Customer’s default and the Company shall be entitled to dispose of any parts or accessories as they shall think fit and shall not be under any liability to account to the Customer for the price received for such goods or for the said deposit.

6. Ordered Items
The Company can only guarantee to supply correct parts, accessories or other goods where the Customer has supplied the relevant chassis/frame number at point of order. Save as may be provided in clauses 7 & 8 hereof, the Company shall not be obliged to accept returns of any items where the same were supplied in accordance with the Customer’s order. Nor shall the Company be liable for any loss or damage consequential to the supply of any such incorrectly ordered items.

7. Stock items
Any parts, accessories or other goods which are stock items and which have been correctly supplied to the Customer in accordance with the provisions of the Contract but which are then returned by the Customer for credit (where the Company allows this), will be subject to a minimum 15% restocking charge. All such returns must be made to the Company within 15 days of delivery to the Customer and must be returned in an undamaged condition and fit for resale, including the packaging. The Company reserves the right to reject any returns considered unsuitable for resale for whatever reason.

8. Special Order Items
Orders for parts, accessories or other goods which are not general stock items and which are subject to special order provisions are only accepted by the Company on the basis that such orders cannot be cancelled by the Customer and that credit cannot be issued for any items ordered from the supplier.

9. Uncollected items
If the Customer fails to collect or accept delivery of any goods ordered in accordance with the provisions of the Contract, the Company shall not be bound to tender or re-tender the goods, but the Company shall have the right:

(a) To invoice such goods including the cost of non-acceptance for immediate payment.
(b) To sell the goods elsewhere and recover any difference in price including the costs of non-acceptance from the Customer.
(c) To make a reasonable storage charge for goods remaining on the Company’s premises longer than one month.

12. Vehicle safety
The Company reserves the right to refuse to carry out any repairs, servicing or other works on any vehicle which, in their sole opinion, they consider to be un-roadworthy or unsafe. Furthermore, the Company may refuse to carry out any works which may, in their sole opinion, render a vehicle unsafe or which may otherwise have a detrimental effect on other parts of the vehicle.

Where the Company is undertaking works for the Customer and identifies, in its sole opinion, a need for further essential safety related repair, the Customer will be advised accordingly. Should the Customer refuse to authorise such further repair, the Customer will be required to sign an appropriate disclaimer whereby the Company is held free of any relevant liability. Furthermore, the Company may require the Customer to make suitable arrangements for the collection of the vehicle from the Company’s premises or, in the alternative, the Company may arrange for the vehicle to be transported to the Customer’s home address at the Customer’s cost.

13. Collection
The Company will only release the vehicle to the Customer after repairs are completed, unless it is requested by the Customer to release the vehicle to the Customer’s agent.

14. storage
If the vehicle is not collected, or arrangements are not made for its collection after completion of the work has been notified in writing, weekly storage charges at the rate applicable at the time of expiry of the said notice may be imposed as if the vehicle repaired had been left for storage. This provision may also apply if authority to proceed is not given within a reasonable time of an estimate having been submitted.

15. Lien
The Company reserves the right to hold a vehicle after the completion of its repairs until such time as the account is paid in full.

With respect to uncollected vehicles, the Company may exercise its rights under the Torts (Interference with Goods) Act 1977 and if the goods are not collected when the work is completed, or before any notice to this effect expires, the Company may proceed to sell the vehicle subject to any notice under the Act.

In this event, the vehicle will be sold at best market price and after deduction of the cost of repair, plus other charges and expenses incurred by the Company, the balance will be returned.

16. Sub-contract
The Company reserves the absolute right, exercising its sole discretion, to arrange for any repair, service or other works to be undertaken by other competent parties. The Company shall not be obliged to disclose to the Customer any details of any such repair, service or other works so sub-contracted.

17. Replacement parts
All parts replaced, other than those exchanged for replacement parts, or those subject to a warranty claim, become the property of the Company unless the Customer requests their return prior to the commencement of repairs.

18. Delays & Force Majeure
The Company will use its best endeavours to complete the repair, service or other works by the date and time requested by the Customer. In the case of ordered parts or accessories the Company will, likewise, use its best endeavours to ensure availability of the same by the date and time requested. However, the Company can offer no guarantee with respect to the provisions of this clause and cannot accept responsibility for delay resulting from the non or late availability of parts, spares, accessories or other reasons beyond its control.