MOTUS COMMERCIALS TERMS AND CONDITIONS OF TRADE (SUPPLY OF PARTS)
1. These conditions are the only conditions under which Motus Commercials (The Seller) is prepared to deal with the customer (The Purchaser). They govern any contract between the Purchaser and the seller and shall prevail over any items put forward by the Purchaser unless the Seller explicitly agrees to them in writing. No conduct by the Seller shall be deemed to constitute acceptance of any terms put forward by the Purchaser.
The Seller shall be deemed not to have notice of the purpose for which the Purchaser requires the goods unless the Seller agrees such purpose in writing.
All orders for goods or the supply of services shall be deemed to be an offer by the customer to purchase goods or obtain services under these conditions.
Quotations are not binding and will not become binding until Motus Commercials has fully accepted and acknowledged the Purchasers order.
2. Credit terms payment by the 20th of the month following the month of supply of Goods or Service.
3. In the event of any query please quote the invoice number. Goods and old exchange units cannot be accepted for credit unless returned within 7 days of issue. We reserve the right to make up to a 20% handling charge on goods returned against orders correctly executed. Errors and omissions excepted.
4. Please drain old units of fluids, or a surcharge of £25 may be incurred.
5. Trade Descriptions Act 1968 and subsequent variations of that enactment, owing to occasional supply difficulties we cannot always guarantee that replacement parts originate from the Original Equipment Manufacturer.
6. Manufacturers parts numbers are used for reference purposes only.
7. Original Equipment parts and accessories carry a 12 month unlimited mileage parts & labour warranty against material or defective workmanship on behalf of the Manufacturer, In addition, Motus Commercials warrants all other work detailed on your invoice for 6 months or 6000 miles, whichever is the sooner. Any Parts or Accessories not supplied by the Original Equipment Manufacturer will carry that Manufacturer's warranty. However, the terms of all such guarantees may be subject to change without notice to the Customer. These warranty conditions do not affect your statutory rights.
8. In the unlikely event of such a claim the vehicle with the said part fitted should be taken to the nearest Original Equipment Distributor or their Authorised Repairer and subject to confirmation the repair or replacement will be effected free of charge. Any costs incurred for recovery of the vehicle to the nearest Original Equipment Distributor or their Authorised Repairer will remain the responsibility of the Customer. The Manufacturer will accept no claims for labour with regard to a Warranty claim made by any non-approved Distributor or Authorised Repairer without exception.
9. RETENTION OF TITLE
9.1 The Goods shall be at the Customer's risk as from delivery or collection.
9.2 In spite of delivery having been made legal and beneficial title in the Goods shall not pass from Motus Commercials until Motus Commercials has received payment in full:
9.2.1 for the Goods;
9.2.2 for any other goods supplied to the Customer by Motus Commercials; and
9.2.3 of any other monies due from the Customer to Motus Commercials on any amount whatsoever.
9.3 Until legal and beneficial title in the goods passed to the Customer in accordance with clause 9.2 the Customer shall:
9.3.1 hold the Goods and each of them on a fiduciary basis as bailee for Motus Commercials; and
9.3.2 store the Goods (at no cost to Motus Commercials) separately from all other goods in its possession and readily identifiable as Motus Commercials’ property.
9.4 Notwithstanding the provisions of clause 9.2 the Customer may sell or use the Goods in the ordinary cause of the Customer's business at full market value for the account of Motus Commercials. Any such sale or dealing shall be a sale or use of Motus Commercials’ property by the Customer on the Customer's own behalf and the Customer shall deal as principal when making such sales or dealings. Until legal and beneficial title in the Goods passes from Motus Commercials the entire proceeds of sale or otherwise (including but not limited to insurance proceeds) of the Goods shall be held in trust for Motus Commercials and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as Motus Commericals’ money.
9.5 In the event that any proceeds paid to Motus Commercials pursuant to clause 9.4 above exceeds the sums due to Motus Commercials; Motus Commercials shall repay on request an amount equivalent to such excess to the
Customer less:-
9.5.1 any further indebtedness which may subsequently have become due and owing to Motus Commercials by and from the Customer; and
9.5.2 any sums which might become due in respect of any Goods ordered but for which payment has not become due.
9.6 At any time prior to legal and beneficial title in the Goods passing to the Customer Motus Commercials may (without prejudice to any other of its rights):
9.6.1 require delivery up to it of all or any part of the Goods:
9.6.2 retake possession of all or any part of the goods and enter any premises for that purpose (or authorise others to do so) which the Customer hereby authorises;
9.6.3 terminate the Customer's authority to resell or use the Goods forthwith by written notice to the Customer or which authority shall automatically terminate (without notice) upon any insolvency of the Customer or it going into liquidation (as defined in the insolvency Act 1986) it having a receiver or similar appointee or calling a meeting of its creditors or any execution or distress being levied on goods in its possession.
9.7 The Customer shall insure and keep insured the Goods to the full Price against "all risks" to the reasonable satisfaction of Motus Commercials until the date that legal and beneficial title in the Goods passed from Motus Commercials and shall whenever requested by Motus Commercials produce a copy of the policy of insurance. Without prejudice to the other rights of Motus Commericals, if the Customer fails to do so all sums whatever owing by the Customer to Motus Commercials shall forthwith become due and payable.
9.8 Motus Commercials may at any time appropriate sums received from the customer, as it thinks fit notwithstanding any purported appropriation by the customer.
9.9 The Customer shall promptly deliver the prescribed particulars of the Contract to the Registrar in accordance with the Companies Act 1985 Part 11 as amended. Without prejudice to the other rights of Motus Commercials, if the Customer fails to do so all sums whatever owing by the Customer to Motus Commercials shall forthwith become due and payable.
10. Damage to Vehicles or Property. All reasonable care will be taken by our staff to protect customer vehicles and contents while under our direct control, however, no liability will be accepted for loss or damage, howsoever caused, while the vehicle and its contents are parked at these premises. This statement does not affect your statutory rights.
11. LIEN
Motus Commercials will (without prejudice to any other remedy available to it) have in respect of all unpaid debts a general lien on all property of the customer in Motus Commercials’ possession and whether worked upon or not and it shall be entitled on not less than 14 days' notice in writing to the customer to dispose of such property and to apply the proceeds towards the satisfaction of such debts.
12. SET OFF
The customer will have no right of set-off, statutory or otherwise.
Facilitation of Tax Evasion
The Customer has and shall strictly comply with applicable laws regarding tax evasion, including but not limited to the Corporate Criminal Offence of the Facilitation of Tax Evasion ('CCO') at Chapter 3 of the Criminal Finances Act 2017;
If Motus notifies the Customer that it has reasonable grounds to believe that the Customer has breached any term of this clause:
Motus is entitled to suspend performance of this Contract without notice for as long as Motus considers necessary to investigate the relevant conduct without incurring any liability or obligation to the Customer for such suspension;
in such circumstances the Customer is obliged to take all reasonable steps to prevent the loss or destruction of any documentary evidence in relation to the relevant conduct, of which it has been notified;
on notification, Motus may immediately terminate this Contract without notice and without incurring any liability;
A breach of this clause by the Customer shall be deemed to be a material breach of this Contract.
