Website Terms of Use

These terms of use govern your use of our site. Please read these terms in full before you use this Website. If you do not accept these terms of use, please do not use this Website. Your continued use of this site confirms your acceptance of these terms.
1.1 It is not necessary to register with us in order to use parts of this Website. However, particular areas of this Website will only be accessible only if you have registered.

USE OF WEBSITE

1.2 This Website may be used for your own private purposes and in accordance with these terms of use.
1.3 You may print and download material from this Website provided that you do not modify or reproduce any content without our prior written consent.
 

SITE UPTIME

1.4 All reasonable measures are taken by us to ensure that this Website is operational day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.
1.5 Where possible we always try to give advance warning of maintenance issues that may result in Website down time but we shall not be obliged to provide such notice.
 

VISITOR PROVIDED MATERIAL

1.6 Any material that a visitor to this Website sends or posts to this Website shall be considered non-proprietary and non confidential. We shall be entitled to copy, disclose, distribute or use for such other purpose as we deem appropriate all material provided to us, with the exception of personal information, the use of which is covered under our Privacy Policy.
1.7 When using this website you shall not post or send to or from this Website any material:
(a) for which you have not obtained all necessary consents;
(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
1.8 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 1.7.
 

LINKS TO AND FROM OTHER WEBSITES

1.9 Throughout this Website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this Website you do so at your own risk.
1.10 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
(b) you do not misrepresent your relationship with this website; and
(c) the website from which you link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
1.11 By linking to this Website in breach of clause 5.2 you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.
 

DISCLAIMER

1.12 Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and, or up to date.
1.13 All material contained on this Website is provided without any or warranty of any kind. You use the material on this Website at your own discretion.
 

EXCLUSION OF LIABILITY

1.14 We do not accept liability for any loss or damage that you suffer as a result of using this Website.
1.15 Nothing in these Terms of Use shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded or under the law of the United Kingdom.

 

CONDITIONS OF SALE

 

GENERAL

These conditions prevail over any conditions that the purchaser’s order may purport to impose and which are at variance with the same. No modification of these conditions shall be binding upon the Company unless specifically accepted in writing by the Company. We cannot accept claims for errors in any catalogue
that may have been made inadvertently. We reserve the right to make technical changes.
 

DATA PROTECTION

Each party, being Motive Components Ltd. and client, agrees to comply with their respective obligations under the Data Protection Act (‘DPA’) and General Data Protection Regulation (‘GDPR’).
 

TERMS OF PAYMENT

(a) Orders for customers without an account are accepted subject to approval of reference or cash with order.
(b) Unless otherwise stated, accounts are due for payment not later than the end of the month following the month of despatch. When deliveries are spread over a period, each consignment shall be invoiced when despatched and each months invoice shall be treated as a separate account and shall be payable
accordingly.
(c) We reserve the right to charge 4% over the base rate of The Bank of England on extended terms of payment and overdue accounts.
(d) Overseas – The method of payment shall be determined prior to, or at the time of confirmation of order.
 

PRICES

The Company reserves the right to vary the quoted price and goods will be invoiced to the purchaser at theprices ruling at the date of despatch unless otherwise agreed by this Company in writing.
 

GUARANTEE/ WARRANTY LIABILITY (12MONTHS OR 12,000MILES/20,000KM)

The Company will replace or credit the purchaser with the value of any defective goods of its manufacture if the Company is satisfied such defects arose solely through faulty material or workmanship and such goods are returned carriage paid immediately upon discovery of the defect and in any event not later than twelve months from the date of despatch, delivery to the customer or its agent or 12,000 miles, whichever the lesser and verified to the satisfaction of the company. The Company shall in no circumstances be liable for any consequential loss or damage. Any parts that are to be replaced must be agreed by
Motive Components Ltd or its representative and must be of equal value, if parts cannot be obtained from aftermarket sourcing then permission must be granted by Motive Components Ltd for the use of any O/E parts. No warranty applies to goods supplied by the Company that are used in any form of motor competition, racing or for performance purposes.
 

EXCLUSION OF LIABILITY

These conditions are in substitution for and exclude, so far as is allowed by law, all and any express and implied and other warranties, guarantees, representations, conditions and liabilities (including, without limitation any condition as to merchantability or fitness for any purpose)
 

ACCEPTANCE OF ORDERS/RETURN OF GOODS

Quotations do not constitute an offer by the Company to supply goods and no orders shall be binding unless accepted by the Company in writing. Orders made specifically to the customer’s requirements cannot be cancelled. All other orders placed cannot be cancelled except with the Company’s consent. Goods returned
without the company’s consent will not be accepted for credit and shall remain the sole risk and at the sole liability of the customer. Any goods which are accepted by the Company for return will be subject to a 15% handling charge.
 

DELIVERY DATES

While the Company will do its utmost to keep its promised delivery dates they are to be treated as estimates only. The company accepts no responsibility for loss or damage resulting from delay in the delivery of goods. Delays due to circumstances outside the control of the Company shall not entitle the purchaser to cancel any order or to refuse to accept delivery.
 

DESCRIPTIONS

Every effort is made to ensure that its products are accurately described by the Company and are fit for the purposes and applications stated on the Company’s catalogues but the Company gives no warranty to this effect and accepts no responsibility for any loss or damage arising from errors or incorrect descriptions in its catalogues. The persons fitting these replacement parts must satisfy themselves visually, prior to installation, that they are appropriate and suitable for their intended purpose. If in doubt contact your supplier.
 

DAMAGE OR LOSS IN TRANSIT.

Claims for damage or loss in transit must be sent to the Company in writing in sufficient time for the shipper and insurers to be notified within any stipulated claim time. The Company’s liability for loss or damage in transit shall be limited to the amounts (if any) recovered from the shippers and insurers less any
costs of the Company in connection with a claim. The seller does not accept responsibility for any damage, shortage or loss in transit unless:
(a) Notification of damage, loss in transit, or shortages are notified to the Seller
(i) within 7 days where delivery is made by the Sellers own transport or
(ii) within 3 days of receipt of goods carried by any other carrier. The carrier’s receipt should be endorsed accordingly and a copy sent to the Seller within 10 days of the date of despatch.
(b) Non delivery (Total Loss) must be notified to the seller within 10 days from the date of despatch.
(c) General Claims.
All other claims must be notified within 30 days of receipt of goods. In the absence of notification of claims within the period aforementioned the goods shall be deemed to have been delivered in accordance with the Contract.
 

INTERPRETATION

The Contract in all respects is governed by English Law and the Purchaser hereby irrevocably submits to the jurisdiction of the English Court.
 

PROPERTY

Property in or title to goods and materials supplied by the Company shall not pass to the customer until all monies due and owing from the customer to the Company on any account whatsoever (whether or not relating to any particular goods in question) have been paid in full. All monies received by the customer from its purchaser of the goods or materials supplied by the Company shall be held by the customer in trust for the Company. Until such time as the title to the goods passes to the customer, the customer shall hold the goods as the Company’s fiduciary agent and bailee, and shall keep the goods separate from those of the customer and third parties and properly stored, protected and insured and identified as the Company’s property. The customer hereby authorises the Company to enter upon any of the premises of the customer for the purpose of repossessing any of the goods or materials supplied in which the title has not passed to the customer. Where goods supplied by the Company can be identified on the premises of the customer, and the company can produce invoices or other evidence of supply of such goods, this evidence will be accepted as proof of supply of the goods by the Company irrespective of whether or not the invoice can be specifically related to the particular item/s at the customers premises. Not withstanding the provisions of the clause and Section 49 (1) of the Sale of Goods Act 1979. The Company may bring an action for the price due under these Terms at any time after the price has become payable under these Terms.
 

CARRIAGE

UK - A minimum carriage charge of £6.75 is applicable to each parcel as required and a minimum charge of £25.00 per pallet.

International – Shipping terms to be confirmed, freight charges will apply. Manufacturers part numbers are used for reference purposes only and any cam follower, hydraulic lifter or rocker arm measurement listed will vary in accordance to the range of associated part numbers.These Terms and Conditions supersede allprevious publications.

Dated:- February 2021