ARIEL MOTOR COMPANY
TERMS AND CONDITIONS OF SALE AND SUPPLY
In these terms and conditions (“Conditions”) “Ariel” means Ariel Motor Company; “the goods” means any item of whatsoever nature or part thereof or service which is sold or supplied by Ariel; “the vehicle” means any vehicle comprising all or any of the goods; “the Customer” means the person who buys or has agreed to buy the goods.
1. ACCEPTANCE OF ORDERS
1.1 Ariel contracts for the supply of goods and/or services only subject to these Conditions and all terms and conditions in the Customer’s order or enquiries inconsistent therewith shall be of no effect
1.2 The placing of an order following a quotation given by Ariel shall not be binding on Ariel unless and until accepted by Ariel in writing
1.3 The terms and conditions contained herein shall constitute the entire agreement between Ariel and the Customer and any modification to these Conditions will be binding only if it is evidence in writing signed on behalf of Ariel and such evidence contains a specific reference to these Conditions being modified.
1.4 In no circumstances shall the Customer cancel a contract to which these conditions apply without Ariel’s written agreement and in particular Ariel shall not be obliged to accept returned goods unless specifically agreed to in writing by Ariel and subject always to the Customer paying a handling charge. If Ariel agrees to the Customer cancelling a contract the Customer will indemnify Ariel against all losses (including loss of profit) suffered by Ariel arising out of such cancellation.
1.5 All specifications, illustrations, colours, drawings and diagrams in Ariel’s brochure, trade literature, website and any other published matter are of a generally informative nature and are approximate only and none of these form part of any contract or give rise to any independent or collateral liability of whatsoever nature on the part of Ariel and Ariel shall be under no liability whatsoever for inaccuracies, changes or alterations in specifications dimensions or measurements given, quoted or made by it.
2. ESTIMATES AND PRICES
2.1 Unless otherwise stated in writing the prices estimated or quoted by Ariel are exclusive of packaging, freight and insurance charges, charges for delivery, VAT and other applicable taxes, duties or levies of any kind whatsoever, all of which are payable in addition by the Customer.
2.2 Any date for collection quoted by Ariel is an estimate only and Ariel will in no circumstances be under any liability whatsoever for any failure to make the goods available for collection on any such date.
2.3 In the event of the recommended price being increased, the amount of such increase shall be payable by the Customer unless within 7 days after receipt of such notice he/she gives notice to Ariel that he/she declines to pay such amount, in which case Ariel shall have the option, by notice in writing to the Customer, to cancel the contract.
3.1 In relation to the sale of new cars a non-returnable payment of £3000.00 is required to confirm an order. A further non-returnable payment of 50% of the final sales invoice total minus the £3000 already received is due one month before Ariel begins production. Payment of balance of the final sales invoice is due on completion of the car and prior to collection of the car.
3.2 The time of payment shall be of the essence of any contract to which these Conditions apply and unless otherwise expressly stated cleared payment shall be due on or before the date the goods are supplied.
3.3 The Customer shall not be entitled to make deduction from any payment due to Ariel in respect of any set-off or counter-claim unless both the validity and the amount thereof have been expressly admitted in writing by Ariel.
3.4 Without prejudice to any other rights, failure to pay the price or part thereof or other monies payable by the Customer will also entitle Ariel at Ariel’s sole discretion either to refuse to make delivery of the goods or any further consignment of any goods agreed to be supplied or to cancel any contract to which these Conditions apply, either in whole or part, by notice in writing to the Customer and without incurring any liability to the Customer for any loss caused by such delay or cancellation.
3.5 Where a Customer offers for payment a cheque that is not honoured the Customer will be invoiced with any bank charges charged to Ariel by reason thereof.
3.6 Where a vehicle or a component has had service or repair work carried out to it possession of the vehicle or component will not pass back to the Customer until the cost of the works are paid in full.
3.7 If the payment of the price of any part thereof and of all other sums payable by the Customer is not made on the due date Ariel, without prejudice to its other rights hereunder shall be entitled to charge in addition to any monies due hereunder interest on the outstanding amount at the rate per annum of 4 per cent above the base rate from time to time of Ariel’s bankers calculated on a daily basis until payment is made.
3.8 If payment for a vehicle or service work is not made within 7 days of completion Ariel shall be entitled to charge a storage charge from that day at the current rate of £35.00 per day.
4. DISTANCE SELLING
Customers not present at the time of ordering goods may cancel their order at any time up to 14 days after receiving the goods. Goods must returned to Ariel within 14 days of cancellation complete with original packaging at the Customer’s expense. Returned goods must be adequately packaged against damage and a charge for reduction in value will be made if goods are damaged during return. A refund will be made for the goods within 30 days less any costs. Contracts for vehicles ordered without customer present may be cancelled at any time up to 14 days of Contract being made. Vehicles or goods which are built personalised or modified to Customer specification are excluded from the right to cancel. Any goods ordered by a Business are exempt from the Distance Selling Regulations.
5. TRANSFER OF PROPERTY
5.1 The goods shall remain the sole and absolute property of Ariel as legal and beneficial owner and Ariel reserves the right to dispose of the goods until such time as payment in full for all the goods the subject of a contract to which these Conditions apply together with the full price of any other goods the subject of any other contract with Ariel has been received by Ariel.
6. RISK AND INSURANCE
6.1 Subject as hereinafter provided the goods are at the Customer’s sole risk (and the Customer shall be under a duty to insure the goods to theirfull value) from the occurrence of the first point in time of any of the following events:-
(a) The passing of property to the Customer as provided for in Condition 4 of these Conditions; or
(b) The physical delivery of the goods to the Customer’s place of business by Ariel; or
(c) The physical delivery of the goods to the Customer’s carrier or to an independent carrier for the purpose of transmission to the
Customer or his nominee.
6.2 Ariel will be under no obligation to effect insurance of the goods once risk has passed to the Customer.
6.3 Ariel will be under no obligation to effect insurance of the goods whilst at the Company’s premises for service, repair or upgrade.
7.1 Time of collection shall not be of the essence. Orders will be made available for collection as soon as is reasonably practicable and Ariel reserve the right to deliver by instalments in such quantities as Ariel thinks fit.
7.2 Ariel shall endeavour to inform the Customer (or his nominated agent) as soon as the goods are ready for collection.
7.3 Where the goods are made available for collection in instalments, each instalment shall be construed as constituting a separate contract to which all the provisions of these Conditions shall (with any necessary alterations) apply.
7.4 In the event of any failure to make the goods available for collection or delay making the goods available for collection, the Customer shall have no claim whatsoever against Ariel for any indirect or consequential loss or damage of any kind.
7.5 Without prejudice to any rights of Ariel hereunder, if the Customer shall fail to collect the goods within 7 days following the date of which Ariel informs the Customer that the goods are ready for collection the Customer shall pay to Ariel all storage and other costs of whatever nature incurred or arising from such failure. Please note that in the instance of crash repairs storage may be charged prior to work being carried out.
7.6 Deviations in quantity or goods delivered from those stated in any contracts to which these Conditions apply shall not give rise to a right to reject on the part of the Customer and the Customer shall have no right to claim for damages for breach of contract but the Customer will only be obliged to pay at the contract rate for the goods delivered.
8. LIMITATION OF LIABILITY
8.1 The sole liability of Ariel in respect of any defect in or failure of any goods or vehicle supplied or for any shortage in quantity of goods
delivered or for any loss, injury or damage attributable, directly or indirectly, thereto (other than in respect of death or personal injury
resulting from the negligence of Ariel or its servants or agents) is limited to a period of 3 calendar months only from the date upon which the
goods are delivered and limited to:-
(a) making good by replacement or (at the option of Ariel); or
(b) repairing defects or failures which under proper use appear therein.
In addition Ariel must be reasonably satisfied that such defects or failure arose solely from the faulty design of the goods, defective materials
used or workmanship. Provided however that no liability shall attach to Ariel:-
(i) unless Ariel is notified promptly in writing of the alleged defect or failure and in the case of shortage within 7 days of collection or
delivery and a copy of the original purchase invoice is provided to Ariel;
(ii) if Ariel shall so require, the defective goods or part thereof are promptly returned to Ariel carriage paid and in such case, the
Customer shall collect the goods in accordance with Clause 6 following repair, replacement or otherwise by Ariel;
(iii) no repair or remedy is made to the goods or the vehicle without the express written permission of Ariel;
(iv) Ariel will not be liable in respect of the use of all or part of the goods or vehicle in any form of motor sport or for any purpose other
than that for which they were intended; and Ariel will not be liable in relation to colour fastness or colour matching of original or
replacement composite panels.
8.2 If, without the prior written consent of Ariel, repairs or alteration are made to the goods or to the vehicle, Ariel shall be under no liability in
respect of the goods and no allowance shall be made for any repairs or alterations so made.
8.3 The acceptance of liability contained in Clause 7.1 is given on the condition that the vehicle and goods are used in accordance and without prejudice to the foregoing the use by the Customer of all parts recommended by Ariel and where the goods are not so used and the vehicle is not so constructed Ariel will be under no liability in respect of the goods.
8.4 All, if any, statements, measurements, dimensions, specifications and advice given or made (whether before or after any contract to which these Conditions apply) by Ariel or Ariel’s servants or agents to the Customer or its servants or agents as to any matter relating to the goods or the vehicle are given without the liability whatsoever on the part of Ariel and Ariel hereby represents and warrants to the Customer that no representation has been made to Ariel by or on behalf of the Customer before entering into any contract to which the Conditions apply and that no representation made to Ariel by or on behalf of the Customer before entering into such contract and the Customer makes and gives the like representations and warranties (mutatis mutandis) to Ariel as Ariel makes and gives to the Customer as above.
8.5 Ariel may in its absolute discretion refund the price of goods subject to the conditions contained in Clause 7.1, 7.2 and 7.3 where such goods are in a saleable condition (to exclude special order which are non-refundable). Such refunds will be subject to a 15% handling charge which shall be deducted from the purchase price paid by the Customer as shown on the original invoice by Ariel to the Customer.
8.6 Except as provided in paragraph 1 and 2 above, all representations guarantees, undertakings, conditions and warranties, expressed or
implied, statutory or otherwise in relation to the goods are hereby expressly excluded PROVIDED ALWAYS that the statutory rights of the
Customer in the case of a consumer sale shall remain in full force and effect. Ariel will in no circumstances refund any monies paid by the
Customer or replace any goods except in accordance with this Clause 7.
8.7 Without prejudice to the foregoing, Ariel shall in no circumstances be liable:-
(a) for any direct or consequential loss (including without limitation loss of production, loss of profit or liability to third
parties) suffered or incurred by the customer or others; or
(b) for any loss or damage in excess of the contract price or part thereof in respect of which a claim is made.
(c) For any malfunction or non-function of any goods to the extent that this is caused by incorrect installation or
maintenance strictly in accordance with Ariel’s instructions.
9.1 The Customer shall (and shall ensure that any third party to whom any goods may subsequently be supplied) comply with all instructions of Ariel and any other manufacturer in relation to the fitting, installation, service and use of all the goods, and, notwithstanding such
compliance, the Customer shall keep Ariel fully and effectually indemnified against all costs, claims, demands, expenses and liabilities of
whatsoever nature and whatsoever arising, including, without prejudice to the generality of the foregoing, claims for damage to property and
consequential loss (including loss of profit) which may be made against Ariel or which Ariel may sustain, pay or incur out of or in connection
with the supply, fitting, installation or use of the goods.
10. FORCE MAJUERE
10.1 If Ariel is prevented from fulfilling any order within a reasonable time by reason of force majuere of any cause beyond its reasonable control including, without prejudice to the generality of the foregoing war, threat of war, riots, civil commotion, act of God, government, terrorist activities, strikes, lockouts, industrial action, accident technical problems with transportation, natural disaster, storm, flood, fire, earthquake,
delay in delivery to Ariel of any goods or materials or interruption of transport it shall be under no liability to the Customer and shall be
entitled to its option (to be notified in writing to the Customer)either to cancel any contract to which these Conditions apply or without any
liability, to extend the time or times for delivery or otherwise performing such contract by a period at least equivalent to that during which
such delivery or performance has been extended by any of the restrictions hereinbefore referred to.
11. DEFAULT AND CUSTOMERS INSOLVENCY
11.1 If there is any default or breach of any of the Customer’s obligations hereunder or in any payments due under any contract of sale to which these Conditions apply or if any distress, execution or other legal process is levied upon the Customer’s property or if the Customer shall make or offer to make any arrangement or composition with creditors or commit any act of bankruptcy or if any petition or receiving order is presented or made against the Customer or, if a company, any resolution or petition to wind it up shall be passed or presented or a receiver of all or any of its assets shall be appointed (without prejudice to other remedies) in any such case Ariel may determine such contract or cancel any outstanding delivery or stop any products in transit and notwithstanding any other provisions.
12.1 Termination of any contract to which the Conditions apply for whatsoever causes shall not affect the rights or remedies of either party in
respect of any antecedent breach or in respect of any sum of money owing or to become owing by the other.
13.1 The Customer shall not assign or transfer or purport to assign or transfer any contract to which these Conditions apply or the benefit thereof to any person whatsoever.
14.1 All payments are strictly non transferable.
15.1 Any contract to which these apply shall be governed by and construed in accordance with the laws of England
16.1 The headings shall not affect the meaning or interpretation of these Conditions.
17. CONSUMER SALES
17.1 Nothing in these Conditions shall affect the statutory rights of any person dealing with Ariel as a consumer.