These Terms and Conditions form the entire agreement between Motaclan LIMITED and the Customer (“the Contract”). Any other terms or conditions are excluded to the maximum extent permitted by law. This does not affect a Consumer’s statutory rights.
This website is an invitation to treat, and nothing on this website shall be construed as a unilateral offer by Motaclan LIMITED to enter into any contractual obligations.
It is the Customer’s responsibility to ensure that their vehicles are roadworthy, and comply with relevant regulations. Some products may only be suitable for track use. Motaclan LIMITED cannot be considered liable for any recommendation made by any third party, or external source of information.
Pictures are for illustrative purposes only. Whilst Motaclan LIMITED will endeavour to ensure that the parts are both correctly described and photographed supplier changes and part development may lead to variations in the part supplied.
The Customer’s offer to purchase goods will not be deemed accepted unless and until the order confirmation has been issued.
The order confirmation sets out the basis upon which Motaclan LIMITED agrees to accept an order. It is the Customer’s responsibility to ensure that the order confirmation corresponds with the Customer’s own expectations. Any discrepancy should be reported immediately to Motaclan LIMITED.
Title to goods remains with Motaclan LIMITED until paid for in full. Responsibility for goods passes on delivery.
In the event that Motaclan LIMITED is unable to fulfil the order, it will be entitled to cancel the order. In such instances any liability will be limited to refunding the Customer for all payments received.
Any estimated date quoted for delivery of the goods is only approximate. Motaclan LIMITED shall not be liable for delay or failure in delivery of the goods which is beyond its control. Any estimated lead time for delivery runs from the day an order is accepted and payment is received.
Goods may be delivered in separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract. Each instalment shall be a separate Contract and cancellation or termination of any one Contract relating to an instalment will not mean that the customer is entitled to repudiate or cancel any other Contract or instalments.
Delivery will be to an address within the UK nominated by the Customer subject to reasonable security and identification checks. Any damage or shortages must be notified to Motaclan LIMITED within 5 days of receipt.
Motaclan LIMITED shall not be considered liable in respect of any defect arising from fair wear and tear, wilful damage, negligence, track use or abnormal working conditions.
A Consumer has the right to cancel this contract, in writing, within 14 days from the date of receipt of the goods. This right does not extend to trade or business purchasers, or to goods that are made to the Customer’s specifications or are clearly personalised. This does, however, include goods made to special order.
The Customer is responsible for both the costs of, and the arrangements for, the return of the goods to Motaclan LIMITED. The goods must be returned unopened and unused in the same condition as in which they were supplied within 14 days of notice of cancellation.
Any refund will be executed in the same way that payment was made originally by the Customer and will be made within 30 days following return of the goods. Motaclan LIMITED will not be liable to provide a refund unless goods have been returned.
In all other circumstances, cancellation will only be accepted at the discretion of Motaclan LIMITED, and subject to payment of all reasonably resulting costs and/or losses.
Liability will in any event be limited to the cost of the part supplied.
Should any of these Terms and Conditions be held to be unenforceable in whole, or in part, then the remainder will remain valid.
This Contract is governed by the prevailing law in England & Wales. In the event of dispute any litigation must be heard at Aldershot & Farnham County Court.