Eco Transport Solutions

1. Definitions

1.1 "Buyer" means the person who buys or agrees to buy the goods from the Seller

1.2 "Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller

1.3 "Delivery Date" means the date specified by the Seller when the goods are to be delivered

1.4 "Goods" means the articles which the Buyer agrees to buy from the Seller

1.5 "Price" means the price for the Goods excluding carriage, packing, insurance and VAT

1.6 "Seller" means the ETS, 4 Howmic Court, Arlington Road, East Twickenham, Middlesex, United Kingdom

2. Conditions Applicable

2.1 These conditions shall apply to all contracts for the sale of goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply any purchase order confirmation of order or similar document

2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions

2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions

2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller

3. Price and Payment

3.1 The Price shall be the Seller's quoted price. The Price is exclusive of VAT which shall be due at the rate ruling on the date of the Seller's invoice

3.2 Payment of the full balance including VAT shall be paid before delivery of the goods, alternativley under prior agreement with the Seller, cash payment could be arranged upon the collection of the goods.

4. The Goods
The quantity and description of the Goods shall be as set out in the Seller's quotation

5. Warranties and Liability
The Seller warrants the goods for the specified below period. The Main Chassis is free from material defects for the period of 3 year from the date of sale. Axles are free from material defects for the period of one year from the date of sale. ‘Magura' Big Twin hydraulic brakes system is free from material defects for period of two years. In the case where goods were not used according with their instructions, the Seller reserves the right to reject the warranty claim. The tricycle is designed for carrying three adults, whose total weight does not exceed 220 kg plus 90kg for the rider. The warranty applies only to tricycles that were used according with the instructions given in the manual. The warranty does not apply to any of the above parts that were subject of failure caused by any mechanical damages as road accidents, crash, vehicle overloading, failures caused by the inappropriate maintenance. Wear and tear is not a subject to a warranty claim. In the case of positive warranty claim the manufacturer is obliged to repair or replace a faulty part within 3 weeks of receiving the faulty part.

6. Collection/Delivery of Goods

6.1 The goods shall be collected from Seller's premises located at 229 Union Street , London , SE1 0LH unless the ‘door to door' delivery was requested by the Buyer. For ‘door to door' delivery additional charges apply. 6.2 Delivery of the Goods shall be made to the Buyer's address on the Delivery Date. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery

6.3 The Company shall not be held responsible for delays in delivery caused by strikes, lockouts, trade disputes, breakdowns, accidents, war, civil commotion or riot, Act of God, or other event beyond the control of the Company

7. Acceptance of the Goods

7.1 The Buyer shall be deemed to have accepted Goods after delivery to the Buyer

7.2 After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the Contract

8. Title and Risk

8.1 The Goods shall be at the Buyer's risk as from delivery

8.2 In spite of delivery having been made property in the Goods shall not pass from the Seller until 8.2.1 The Buyer shall have paid the Price plus VAT in full; and 8.2.2 no other sums whatever shall be due from the Buyer to the Seller

9. Remedies of Buyer

9.1 Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale

9.2 Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods

10. Payment and Deposit

10.1The price shall be quoted by the Seller or stipulated by Sellers catalogue or website current at the date of the order of the products. In the event of the changes in labour, cost of raw materials, overheads, variations in the exchange rate the Seller may increase the price by giving the appropriate notice to the Buyer in writing. The Buyer shall have a right to cancel such a order and claim any deposits back paid with such a order.

10.2 When product is held in stock by the Seller at the time the Buyer places an order, payment of the Product shall be made at the date of placing the order. In the event when product are not in stock , including any bespoke or personalised items not held in stock by the Seller at the time the Buyer places an order, payment of a non refundable deposit of specified by the Seller shall be due at the date of the order. The remaining balance of the Price shall be paid when the Seller informs the Buyer that the products are ready for delivery. If the Buyer fails to make payment, the Seller may hold delivery of the Products or any further Products ordered until outstanding payment is made in full.

11. Cancellation & Returns

11.1 The Buyer will not have right to cancel a Contract for the supply of any Products made for the special order according to Buyer's specification.

11.2 In the event of the delay of the payment made by the Buyer, the Seller is obliged to warehouse the goods for up to 14 days from the date when goods were ready for collection/delivery. When the mandatory warehouse period is more than 14 days, the Seller reserves the right to cancel the agreement with the Buyer.

11.3 In the event of canellation the order by the Buyer, all the deposits paid to the Seller are not refundable unless the Seller is in a breach of Contract.

12. Designs, Trademarks and Copyright

12.1 The Buyer shall not use or deal with the Goods or the Company's catalogues, brochures, leaflets or lists so far as to infringe, interfere with or weaken any rights of the Company under or in respect of any proprietary information, trademarks, registered designs, logos, artwork or copyright for or in connection with the goods. The Company shall have no liability for the infringement of any rights of any third party arising from the use of the Goods in combination with other Goods, trademarks or processes not supplied by the Company

12.2 Where Goods are manufactured to the design or specification of the Buyer, the Buyer warrants that such design or specification does not infringe the rights of any third party

13. Proper Governing Law of Contract

This contract is subject to the law of England and Wales and the Buyer submits to the jurisdiction of the English courts

14. Intellectual Property

The specification(s) and design(s) of the Goods (including the copyright, design right or other intellectual property in them) shall remain the property of the Seller. Where any designs or specifications have been supplied by the Buyer for manufacture by or to the order of the Seller then the Buyer warrants that the use of those designs or specifications for the manufacturer, processing, assembly or supply of the Goods shall not infringe the rights of any third party

15. Seller's Clause excluding liability for delay in delivery

15.1 The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all

15.2 Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any of them) promptly the Buyer shall be bound to accept delivery and to pay for the Goods in full provided that delivery shall be tendered at any time within 2 months of the Delivery Date