- Unit A1, Wesley Yard, Wesley Court, Newquay, TR7 1LB
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.
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.
Quotations and Estimates
The Company shall only be bound by prices quoted in writing and for a
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.
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.
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.
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.
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.
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
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
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
(a) To invoice such goods including the cost of non-acceptance for immediate
(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.
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
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.
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.
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.
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
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
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.