These Conditions replace and supersede all previous issues.
These conditions shall apply to all contracts for the sale of Goods by Motorman Limited to the buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order confirmation or similar document.
All orders for goods shall be deemed to be an offer by the Buyer to purchase Goods
pursuant to these conditions.
Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these conditions.
Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Motorman Limited.
The Price shall be those prices as set out in the Price List which is dated. Prices may vary from time to time depending on market forces. Should any variance be agreed to the listed prices for any reason whatsoever, then this must be confirmed in writing. At the sole discretion of Motorman the latest copy of the Price List may be obtained on request.
Prices shown in the Price List are exclusive of VAT which will be charged at the amount ruling at time of despatch.
Unless agreed in writing all units are supplied on an Exchange basis. The meaning of
Exchange is that the old unit must be returned to Motorman within 30 days of receipt of the new supplied unit. Major mechanical parts in the returned old unit must be in an economically re-conditionable and capable of being re-machined. For engines; major mechanical parts will deemed to be: Cylinder Block casting : Cylinder Head casting : Crankshaft : Connecting Rods : Camshaft : Diesel injection pump (if applicable): Turbo Charger (if applicable). For Gearboxes;
major mechanical parts will deemed to be: Casing (external and internal). Additionally should internal gears be burnt out through lack of lubricating oil, then these will be deemed to be non-re-conditionable.
At our sole discretion where major parts are damaged beyond economic reconditioning or repair will deemed to be scrap. In such cases and at Motorman’s sole discretion a surcharge may be levied in addition to the Exchange price to take account of the cost of replacing any such major mechanical parts. In such cases the buyer will be informed and an estimate of additional costs given.
The Price List shows the exchange price of the unit. Where no old unit is returned, or where the old unit has suffered such irreparable damage as to render it scrap or where partial damage occurs (as set out in para.3.3) then either a full or proportionate charge will be levied and will be advised to the Buyer, once the cost of damage has been ascertained by Motorman. Due to the time delay in receiving old units back to our works, Motorman reserves the right to retrospectively charge for any such damage as Motorman at it’s sole discretion deems applicable.
All old exchange units must be returned in an assembled built-up condition and must include all arts supplied with the new unit. Missing parts will be surcharged. Should any old exchange unit be received by Motorman in a non-assembled condition, then Motorman reserves the right to charge for re-assembly.
All old exchange units must be returned in the frame/stand or box/crate or pallet the new unit was supplied in/on. A charge will be levied if the old exchange unit is returned without the original packing method.
Before return, all old exchange units must be fully drained of all oils and coolants and must be externally degreased and clean to handle. Any old exchange unit returned dirty or not drained will be subject to charge. Where damage from fluid spillage or contamination is occasioned to Motorman’s appointed carriers vehicles or to other goods carried by the carries, then any such claims for compensation levied on Motorman by any third party, may re-charged to the buyer or their agent.
As agreed between Motorman and the Buyer, additional charges for packing, delivery and collection may be levied as required.
The quality and description of the Goods shall be set out in Motorman’s quotation. A copy of our general’ Build Standard may be obtained on request.
Delivery of the Goods
Delivery of the Goods shall be made to the Buyer’s nominated address. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. Although every effort is made to ensure Goods arrive at the scheduled time, no responsibility can be accepted where any such delay occurs.
Acceptance of Goods
The buyer shall be deemed to have accepted goods on there delivery to the Buyer’s nominated address.
After acceptance the Buyer shall not be entitled to reject goods which are in accordance with the contract.
Vehicle Hire and Reimbursement
Any vehicle hire charges or reimbursement of hire charges is offered solely at our discretion.
In order to validate any claims and subject to our agreement to accept any charges, an authority number must be obtained from our Warranty Department. Motorman Ltd will refuse to accept any charges without our authority number.
Motorman will only reimburse vehicle hire on a like-for-like group basis (i.e. comparable type vehicle) at reasonable and best market rates.
Upgrades are not acceptable, unless at the same costs as the comparable vehicle.
Motorman will decline any claim if a ‘pool’ car can be provided without charge, or if a suitable substitute vehicle can be offered without charge.
We will not accept charges for ‘Insurance, CWI, fuel, oil, collection or delivery charges, howsoever incurred.
Motorman will not accept any claim for vehicle hire or reimbursement resulting from:
Delay in supply of parts or services provided by the Company, Incorrect supply of parts: All delays resulting from Force Mejeure.
No claim will be accepted due to delays in fitting parts to customer vehicles.
All accepted claims must be accompanied with a copy of the receipted hire agreement.
Motorman is not responsible for de-hiring hired vehicles.
Motorman will only accept claims from an agreed and accepted starting date of notification to our Warranty department. We will not accept any portion of any claim whatsoever where the vehicle user or Motorman’s own customer has delayed notifying us and is making a claim retrospectively.
Motorman will not accept any portion of any hire claim where the customer delays or refuses collection of his own vehicle once notified it is ready for collection or delays de-hiring the hire vehicle for any reason whatsoever.
Motorman warrants that the Goods will at the time of delivery correspond to the description given by Motorman. Unless advised to the contrary Goods only supplied by Motorman will be Warranted against defect for a period (whichever occurs first) of 12 months/unlimited mileage from date of Motorman’s invoice to the Buyer.
In certain instances agreed and accepted with the buyer the warranty period and mileage may be set at lower or greater limit. The agreed period will be confirmed on the sales invoice. In all such instances all warranty claims will be subject to all conditions given in the following paragraphs set out below.
Customers requesting non genuine ancillary aftermarket parts to be fitted in conjunction with major unit installations, must be aware, these products will only carry a parts warranty to mirror the original manufacturer/supplier, in the event of a claim labour charges and associated costs will not be covered.
Para 8.1 and 8.2 is strictly subject to the following conditions which failure to observe will exclude and invalidate all Motorman’s liability and responsibilities and/or any warranty claim whatsoever.
Any form of driver abuse whatsoever, including failure to check and maintain at intervals as recommended by the original vehicle manufacturer in the owner/operator’s handbook provided by the vehicle manufacturer; engine coolant and engine and gearbox lubricants of the recommended type and filled to correct levels as specified in the handbook.
Correct unit installation including correct use of workshop service tools, torque settings and procedures as specified by the original vehicle or unit manufacturer.
Proof that the original vehicle manufacturers recommended service intervals have been completed and carried out on time and in accordance with their recommended parts and procedures.
Manufacturers recommended lubricants and coolant levels are maintained to vehicle manufacturers recommended quantities.
Damage or failure caused to/by or resulting from any faulty or incorrectly fitted parts and/or ancillary equipment or parts not supplied by Motorman.
Racing, rallying, or driving on other than paved roads (i.e. cross country), over-revving, stressing or driving the vehicle in any way outside of it’s design capabilities, or in any abnormal manner whatsoever that may lead to the premature failure of the unit.
Any damage caused by collision with any foreign object whatsoever.
Failure by the driver to observe and immediately stop the engine and vehicle and report all obvious oil leaks, any form of observable overheating (including but not solely confined to a failure to observe any/all warning lights, gauges or any such warning devices), any unusual noises, vibration, rough or uneven running, or any condition which alerts the driver to any possible fault.
Warranty shall remain solely with the original purchaser and not shall pass or be ceded to any third party once the vehicle is sold by the original customer purchasing our parts. All Warranty given by Motorman will cease on sale or transfer of the vehicle unless agreed in writing by Motorman. Motorman will not be responsible for nor will accept any such warranty claims once the vehicle has been sold, unless expressly given in writing.
Within the first 1000 (one thousand) miles, all vehicles fitted with an engine supplied by Motorman must be taken to a recognised service centre to have the engine oil and filter replaced and the engine generally checked to ensure there are no oil or coolant leaks present and that engine is functioning correctly. This must be recorded either in the maintenance log or receipted by the service centre. Failure to comply may invalidate the warranty.
Warranty Product Defect
Where any manufacturing defect occurs within the Warranty period and subject to that defect being agreed and accepted as genuine and subject to all other conditions being strictly applied and met, then at Motorman’s sole discretion it will repair or replace the defective unit. At it’s sole discretion Motorman may elect to effect the repair or replacement at it’s own works, or may send it’s own nominated engineer to carry out any such work as is needed. Where it is not practicable for Motorman to carry out any such work, then in agreement with the Buyer, Motorman may elect for any such repair or replacement to be carried out by an agreed workshop/garage. The cost of any such repair will be borne by Motorman, so long as any such hourly labour cost is deemed reasonable and the time taken to effect the repair is that given by the original vehicle manufacturer or those quoted and given by The Institute of Automotive Engineer Assessors in Glasstech ICME.
It is the responsibility of the fitting garage to carefully check that the replacement unit is correct and compatible with the original unit fitted to the vehicle, prior to the new unit being fitted. It is the fitting garage’s responsibility to check that no damage has occurred in transit in order to minimise any future possible warranty claim.. Failure to do so will invalidate any possible claim and associated costs.
Motorman will pay up to a maximum hourly labour rate of £40/hr against all accepted warranty claims.
Warranty Product Defect
Any warranty expressed or given is valid only to and for the benefit of the person/company indicated as the buyer on Motorman’s headed invoice. It may not be ceded or passed to any third party without Motorman’s written agreement. In such cases where the vehicle is sold/leased/hired/given to any other party whatsoever during the warranty period of the unit, then it is an express condition of these terms that the warranty and all rights attached to it whatsoever will terminate at the sale/transfer date of the vehicle to the new owner.
All other warranties conditions or terms relating to fitness for purpose merchantability or condition of the Goods and whether implied by statute or common law or otherwise are excluded.
Labour. Unless agreed to the contrary in writing on Motorman’s invoice, the time limit set for any labour or fitting content in any work or job where Motorman itself fits any item or component is limited to a maximum of 4 months or 4000 miles which ever is the sooner from date of invoice.
Title and Risk
Title shall only pass on full and final payment of the Goods.
Risk shall pass on delivery of the Goods.
Proper law of contract
This contract is subject to the law of England and Wales.If any dispute or differences shall arise between the parties as to the meaning of this contract or any matter or thing arising out of or connected with this contract then it shall be referred to the determination of an arbitrator to be appointed by agreement of the parties or in default of agreement within 21 days of the service upon one party of written request to concur by the President for the time being of the Chartered Institute of Arbitrators.
For approved credit account customers terms are strictly Net 30 days from date of invoice.