1.1 Any instructions received by MoTech (UK) Ltd from the Customer for the supply of Goods shall constitute a binding contract and acceptance of the terms and conditions contained herein. 

 

2.1 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 MoTech (UK) Ltd at the time of the contract. 2.2 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 MoTech (UK) Ltd between the date of the contract and delivery of the Goods. 

 

3.1 Unless otherwise agreed payment for Goods shall be made either: 3.1.1 In full on completion of work or pick up of vehicle; or 3.1.2 Before the 30th day of the month following the date of the invoice ("the due date"). 3.2 Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month. 3.3 Any expenses, disbursements and legal costs incurred by MoTech (UK) Ltd 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. 3.4 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full. 3.5 A deposit may be required. 

 

4.1 Where a quotation is given by MoTech (UK) Ltd for Goods: 4.1.1Unless otherwise agreed the quotation shall be valid for thirty (30) days from the date of issue; and 4.1.2 The quotation shall be inclusive of goods and services tax unless specifically stated to the contrary; 4.1.3 MoTech (UK) Ltd reserves the right to alter the quotation because of circumstances beyond its control. 4.2 Where Goods are required in addition to the quotation MoTech (UK) Ltd agrees to confirm additional costs with the customer before continuing. 

 

5.1 The Goods remain at MoTech (UK) Ltd's risk until delivery to the Customer. 5.2 Delivery of Goods shall be deemed complete when MoTech (UK) Ltd 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. 5.3 All vehicles are stored, worked on and driven solely at the Customer's (owner's) risk. The Customer (owner) is responsible for keeping vehicles insured at all times, unless agreed otherwise in writing. 

 

6.1 The Customer agrees that MoTech (UK) Ltd may exercise a general lien against any Goods or property belonging to the Customer that is in the possession of MoTech (UK) Ltd for all sums outstanding under this contract and any other contract to which the Customer and MoTech (UK) Ltd are parties. 6.2 If the lien is not satisfied within seven (7) days of the due date MoTech (UK) Ltd may, having given notice if the lien at its option either: 6.3 Remove such Goods and store them in such a place and in such a manner as MoTech (UK) Ltd shall think fit and proper and at the risk and expense of the Customer; or 6.4 Sell such Goods or part thereof upon such terms as it shall think fit and apply the proceeds in or towards discharge of the lien and costs of sale without being liable to any person for damage caused. 

 

7.1 No claim relating to Goods will be considered unless made in writing within seven (7) days of delivery. 

 

8.1 The Consumer Guarantees Act 1998, the Fair Trading Act 1973 and other statutes may imply warranties or conditions or impose obligations upon MoTech (UK) Ltd 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 MoTech (UK) Ltd, MoTech (UK) Ltd 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. 8.2 Except as otherwise provided by clause 8.1 MoTech (UK) Ltd shall not be liable for: 8.2.1 Any loss or damage of any kind whatsoever, arising from the supply of Goods by MoTech (UK) 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 MoTech (UK) Ltd to the Customer; and 8.2.2 The Customer shall indemnify MoTech (UK) Ltd 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 MoTech (UK) Ltd or otherwise, brought by any person in connection with any matter, act, omission, or error by MoTech (UK) Ltd its agents or employees in connection with the Goods. 

 

9.1 Manufacturer's warranty applies where applicable. 

 

10.1 MoTech (UK) Ltd shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control. 10.2 Failure by MoTech (UK) Ltd to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations MoTech (UK) Ltd has under this contract. 10.3 If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.