Terms & Conditions
1. DEFINITIONS
1.1 “Wilks Penny” shall mean Wilks Penny Motorcycles Limited , or any agents or employees thereof.
1.2 “Customer” shall mean the Customer , any person acting on behalf of and with the authority of the Customer , or any person purchasing products and services from Wilks Penny Motorcycles.
1.3 “Goods” shall mean:
1.3.1 all Goods of the general description specified on the front of this agreement and supplied by Wilks Penny Motorcycles to the Customer; and
1.3.2 all Goods supplied by Wilks Penny Motorcycles to the Customer; and
1.3.3 all inventory of the Customer that is supplied by Wilks Penny Motorcycles; and
1.3.4 all Goods supplied by Wilks Penny Motorcycles and further identified in any invoice issued by Wilks Penny Motorcycles to the Customer, which invoices are deemed to be incorporated into and form part of this agreement; and
1.3.5 all Goods that are marked as having been supplied by Wilks Penny Motorcycles or that are stored by the Customer in a manner that enables them to
be identified as having been supplied by Wilks Penny Motorcycles; and
1.3.6 all of the Customer ’s present and after-acquired Goods that Wilks Penny Motorcycles has performed work on or to or in which goods or materials supplied or financed by Wilks Penny Motorcycles have been attached or incorporated.
1.3.7 The above descriptions may overlap but each is independent of and does not limit the others.
1.4 “Goods” shall also mean all goods, products, services and advice provided by Wilks Penny Motorcycles to the Customer and shall include without limitation the sale of new and used motor cycles, repairs, technical advice, breakdown salvage, towing and all charges for labour, hire charges, insurance charges freight or any fee or charge associated with the supply of Goods by Wilks Penny Motorcycles to the Customer.
1.5 “Price” shall mean the cost of the Goods as agreed between Wilks Penny Motorcycles and the Customer and includes all disbursements eg charges Wilks Penny Motorcycles pays to others on the Customer's behalf subject to clause 4 of this contract.
2. ACCEPTANCE
2.1 Any instructions received by Wilks Penny Motorcycles from the Customer for the supply of Goods shall constitute a binding contract and acceptance of the terms and conditions contained herein.
3. COLLECTION AND USE OF INFORMATION
3.1 In the course of your website shopping experience with us, it is necessary to collect & retain some of your personal information.
3.2 The information we require effects directly on the level of service and the speed and accuracy of delivery of your purchases to you. In addition, retaining this information allows us to help you in the future with replacement of items or parts, proof of purchase and valuation for insurance purposes, sizing for future purchases and for marketing by subscribing to our weekly “specials”, newsletters, and promotional offers (optional).
3.3 The information that we collect from you is for our “in house” purposes only and is not shared with any third party and is kept for no other reasons than those stated above.
3.4 We store your information on our own instore servers protected by the most recent technologies. We will take all reasonable steps to protect your personal information that we hold from misuse or unauthorised access.
3.5 Your credit card details do not get stored processed or transmitted though Wilks Penny Motorcycles website. All transactions are processed through Payment Express. Payment Express is a secure credit card payment service provided by Direct Payment Solutions and they host and manage the payment page.
4. PRICE
4.1 Where no price is stated in writing or agreed to orally the Goods shall be deemed to be sold at the current amount as such Goods are sold by Wilks Penny Motorcycles at the time of the contract.
4.2 The price may be increased by the amount of any reasonable increase in the cost of supply of the Goods that is beyond the control of Wilks Penny Motorcycles between the date of the contract and delivery of the Goods .
5. PAYMENT
5.1 Unless otherwise agreed payment for Goods shall be made in full on completion of purchase before goods are dispatched.
5.2 Any expenses, disbursements and legal costs incurred by Wilks Penny Motorcycles in the enforcement of any rights contained in this contract shall be paid by the Customer , including any reasonable solicitor’s fees or debt collection agency fees.
5.3 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.
5.4 A deposit may be required.
6. QUOTATION
6.1 Where a quotation is given by Wilks Penny Motorcycles for Goods :
6.1.1 Unless otherwise agreed the quotation shall be valid for thirty (30) days from the date of issue; and
6.1.2 The quotation shall be exclusive of goods and services tax unless specifically stated to the contrary;
6.1.3 Wilks Penny Motorcycles reserves the right to alter the quotation because of circumstances beyond its control.
6.2 Where Goods are required in addition to the quotation the Customer agrees to pay for the additional cost of such Goods.
7. RISK
7.1 The Goods remain at Wilks Penny Motorcycles’ risk until delivery to the Customer.
7.2 Delivery of Goods shall be deemed complete when Wilks Penny Motorcycles gives possession of the Goods directly to the Customer or possession of the Goods is given to a carrier, courier, or other bailee for purposes of transmission to the Customer.
8. TITLE AND SECURITY (PERSONAL PROPERTY SECURITIES ACT 1999)
8.1 Title in any Goods supplied by Wilks Penny Motorcycles passes to the Customer only when the Customer has made payment in full for all Goods provided by Wilks Penny Motorcycles and of all other sums due to Wilks Penny Motorcycles by the Customer on any account whatsoever. Until all sums due to Wilks Penny Motorcycles by the Customer have been paid in full, Wilks Penny Motorcycles has a security interest in all Goods .
8.2 If the Goods are attached, fixed, or incorporated into any property of the Customer, by way of any manufacturing or assembly process by the Customer or any third party, title in the Goods shall remain with Wilks Penny Motorcycles until the Customer has made payment for all Goods , and where those Goods are mixed with other property so as to be part of or a constituent of any new Goods , title to these new Goods shall deemed to be assigned to Wilks Penny Motorcycles as security for the full satisfaction by the Customer of the full amount owing between Wilks Penny Motorcycles and Customer .
8.3 The Customer gives irrevocable authority to Wilks Penny Motorcycles to enter any premises occupied by the Customer or on which Goods are situated at any reasonable time after default by the Customer or before default if Wilks Penny Motorcycles believes a default is likely and to remove and repossess any Goods and any other property to which Goods are attached or in which Goods are incorporated. Wilks Penny Motorcycles shall not be liable for any costs, damages, expenses or losses incurred by the Customer or any third party as a result of this action, nor liable in contract or in tort or otherwise in any way whatsoever unless by statute such liability cannot be excluded. Wilks Penny Motorcycles may either resell any repossessed Goods and credit the Customer’s account with the net proceeds of sale (after deduction of all repossession, storage, selling and other costs) or may retain any repossessed Goods and credit the Customer’s account with the invoice value thereof less such sum as Wilks Penny Motorcycles reasonably determines on account of wear and tear, depreciation, obsolescence, loss or profit and costs.
8.4 Where Goods are retained by Wilks Penny Motorcycles pursuant to clause 8.3 the Customer waives the right to receive notice under s.120 of the Personal Property Securities Act 1999 (“PPSA”) and to object under s.121 of the PPSA.
8.5 The following shall constitute defaults by the Customer :
8.5.1 Any Goods in the possession of the Customer are materially damaged while any sum due from the Customer to Wilks Penny Motorcycles remains unpaid.
8.5.2 A Court judgment is entered against the Customer and remains unsatisfied for seven (7) days.
8.5.3 Any material adverse change in the financial position of the Customer.
9. DISPUTES
9.1 No claim relating to Goods will be considered unless made in writing within seven (7) days of delivery.
10. LIABILITY
10.1 The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Wilks Penny Motorcycles which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Wilks Penny Motorcycles, Wilks Penny Motorcycles’ liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
10.2 Except as otherwise provided by clause
13.1 Wilks Penny Motorcycles shall not be
liable for:
10.2.1 Any loss or damage of any kind whatsoever, arising from the supply of Goods by Wilks Penny Motorcycles to the Customer, including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Goods provided by Wilks Penny Motorcycles to the Customer ; and
10.2.2 The Customer shall indemnify Wilks Penny Motorcycles against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Wilks Penny Motorcycles or otherwise, brought by any person in connection with any matter, act, omission, or error by Wilks Penny Motorcycles its agents or employees in connection with the Goods .
11. WARRANTY
11.1 Manufacturer’s warranty applies where applicable.
11.2 Protective warranties apply where applicable.
12. CONSUMER GUARANTEES ACT
12.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires Goods from Wilks Penny Motorcycles for the purposes of a business in terms of section 2 and 43 of that Act.
13. MISCELLANEOUS
13.1 Wilks Penny Motorcycles shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.