Contract - the Contract between the Company and the Customer.

Company - Edinburgh Motorcycle Imports or any associated company.

Customer - the person, firm or company identified in or by means of the Contract as ordering the Goods.

Goods - item(s) which the Customer buys or agreed to buy from the Company under this Contract.

•  A Trade Sale is defined by Edinburgh Motorcycle Imports as a sale made to a customer of 1 or more products at the agreed Trade Price.

•  All Trade Sales will be accompanied with a VAT Invoice.

•  Edinburgh Motorcycle Imports assigns Trade Status to any Company or Individual, which it deems the sale is related to Trade Use.

•  Edinburgh Motorcycle Imports reserves the right to decline Trade Status to any Company or Individual at any time.

•  Trade Sales will normally only be provided to new customers on a minimum order basis this is at Edinburgh Motorcycle Imports managements discretion.

The reseller (customer of Edinburgh Motorcycle Imports of a Trade Sale) is solely responsible for providing service warranty, parts, after sales service and all aspects of customer care to there customer.

• All orders taken and all Goods supplied by the Company shall be subject to the terms and conditions set out in this Contract. No other conditions or warranties are implied into the Contact unless accepted in writing by an authorised representative of the Company.

• The terms and conditions in this Contract supersede all earlier arrangements.

• The Company will only be bound by the prices quoted in writing and for a specified time period where this time period is not stated it will be 30 days. The quote may be withdrawn at any time, prior to the Customer's acceptance, by the Company either in writing or verbally.

• Unless the Company's quotation specifically provides for a fixed price contract then the ruling price shall be those at the date of order.

• The Company will provide estimates as provisional only and those estimates may be subject to variation in price.

All prices are exclusive of VAT unless otherwise stated.

Each order and its acceptance is to be treated as a separate contract between the Company and the Customer, if there should be at any time more than one Contract then each Contract is treated as separate issues and any dispute or difficultly arising in relation to one Contract shall not effect in any way the other Contacts.

• The Customer must pay for all Goods in full before despatch, unless otherwise agreed in writing.

• Unless a cheque is supported with a banker's card the Company may refuse to release the Goods until the cheque has cleared.

• The Company reserve the right to charge interest on overdue accounts at the rate of 2.5% per annum above the lending rate of the Company's bank account; this does not prejudice any other rights resulting from non-payment.

• Where a deposit is paid for Goods the Company reserve the right to retain the deposit without prejudicing the Company's right to recover from the Customer, by way of damages, any loss or expense which the Company has suffered or incurred by reason of the Customer's default.

• The Company may dispose of the Goods from a defaulted Contract as it sees fit and is not accountable to the Customer.

Orders which have been accepted by the Company may not be cancelled without the written permission of the Company and the Company reserve the right the charge a cancellation fee.

• Customer wishing to return Goods to the Company must first obtain a return reference number from the Company and the Goods must be returned in accordance with the requirements of the Company. Any Goods returned without a return reference number or otherwise contrary to the Company's requirements may be re-despatched to the Customer and the Customer will be liable for this.

• No refund will be given until the Goods have been returned to the Company and an examination has been carried out, such inspection will included original packaging and Customer's invoice.

• All damage or shortage in Goods must be reported to the Company in writing within 5 days.

• Any costs associated with returning Goods shall be met by the Customer unless otherwise agreed in writing by the Company.

• All Goods returned to the Company (where the Company has allowed this) are subject to a 25% restocking fee.

• All returns must be done within 15 days of the delivery to Customer.

• Special order items are subject to the order provision that such orders can not be cancelled.

• If the Company does agreed to the cancellation of the order the Cancellation of Stock Items section of these terms and conditions will apply.

• If the Company agrees to the return of special order items it is under the condition of the returned items section of this Contract and a disposal fee of 35% of order value.

Any loss or expense occurred due to changes in the order required by the Customer shall be paid by the Customer. The Company does not have to accept changes to the order.

The Company will not be liable for any loss resulting from Defective Goods. Defective Goods are subject to the Warranty in this terms and condition Contract.

The Company is not responsible for any claim or liability in respect of any Patents, Trade Marks, Registered Designs or any other like claim resulting from the Customers instructions to the Company, the instructions being implied or express.

If any part of the Contract becomes invalided for any reason it shall be separated from the remaining part of the Contract and the invalid part shall not effect the remaining of the Contract.

The Contract shall be governed and interpreted exclusively in accordance with UK law and shall be subject exclusively by that jurisdiction. Nothing in this Contract is intended to negate or limit any right in law which cannot lawfully be so negated or limited, any part of this Contact which is found by jurisdiction to have this effect shall be removed and the remainder of this Contact shall continue to apply.

Delay in implementation of any provision in this Contract does not constitute a waiver of any such rights of the Company.

To validate the warranty a completed PDI inspection form must be produced

•  Edinburgh Motorcycle Imports will guarantee during a Trade Sale that the product is free from mechanical defect upon delivery to our customer.

•  All Trade Customers are required by Edinburgh Motorcycle Imports and this agreement to Inspect/Test (Pre delivery Inspection) remedy and rectify faults or potential faults on all products prior to a resale checking for any damage, mechanical failure, loose components, fastenings parts incorrectly installed or possible malfunction prior to resell.

•  Edinburgh Motorcycle Imports provides PDI sheets to be completed by the mechanic responsible for the pre delivery inspection these are to be used as guides and not as absolute definition of a complete PDI the PDI is always the responsibility of the mechanic to find and diagnose any fault or potential fault. Copies of these are to be given to:

•  The customer

•  Edinburgh Motorcycle Imports (posted back to the service department)

•  Mechanic who filled in the PDI report

•  Dealer

•  All Dealers of Edinburgh Motorcycle Imports Products are to have read and understood the product user manual and service book prior to resell.

•  If damage, mechanical failure or any part of the product is found to be malfunctioning Superbyke will require that the customer of the Trade Sale diagnose the component or part required to resolve the defect.

•  Any part found to be defective will be replaced by Edinburgh Motorcycle Imports without charge for the part. The customer will meet all costs relating to carriage and labour.

•  All defective parts will need to be returned to Edinburgh Motorcycle Imports for examination prior to the sending of the new part unless previously agreed by the management. A deposit maybe taken for the part and returned upon receipt of the defective part.

•  Upon receiving a product any damage must be immediately reported to Edinburgh Motorcycle Imports, An inspection or photographs of the damage maybe required to support any claim.

Edinburgh Motorcycle Imports will not repair or cover the cost of any labour for diagnoses or replacement of failed parts or components under this agreement of a Trade Sale.

•  All Customers of a Trade Sale are under an obligation under motorcycle trading standards to carry out pre delivery inspections on all Edinburgh Motorcycle Imports products ensuring they are free from manufacturing defects and that the product is fit for its purpose.

•  Retailers of Edinburgh Motorcycle Imports products are required to state there terms and conditions of the sale to cover off road products. Superbyke will not cover any terms of this warranty on an off road product.

•  Retailers of Edinburgh Motorcycle Imports products are also advised to make a disclaimer to there customers stating that they have understood the terms of use (See the Edinburgh Motorcycle Imports PDI sheet) and the recommendations of age restrictions which may apply for certain products.

All off road products are only warranted to be free from manufacturing defects to the dealer; we would recommend that a minimum 30day warranty is supplied by the dealer to the retail customer with the terms and conditions of the sale being explained to the customer and also accompanied with a printed version signed by both parties.

Road Legal bikes have varying warranties carrying a standard 12 months parts warranty while others may have a 3 or 6 month parts warranty as standard, We do this to try and give the lowest cost possible and giving the customer the option of how to sell and operate the warranty.

All warranties are extendible to 12 months with an additional fee please contact Edinburgh Motorcycle Imports for further details.

The following are not covered by the Edinburgh Motorcycle Imports warranty:

• Damage that results from the passage of time (for example fading of paint),

• Damage from improper storage,

• Damage from transport other than in delivery to you by Edinburgh Motorcycle Imports,

• Damage that results from modification not approved by Edinburgh Motorcycle Imports,

• Damage from modification with non Edinburgh Motorcycle Imports parts,

• Damage that results from the use of fuel or other parts which are not to the specifications,

• Damage that results from neglect or failure to maintain the Edinburgh Motorcycle Imports in the manner specified by Edinburgh Motorcycle Imports,

• Damaged caused by work not done by the appropriate trade persons,

• Damage caused by improper use of the bike,

• Damage caused by use of the bike outside specifications given for the bike (for example load, engine speed),

• Consumable replacement parts, fuel and lubricants.

The consumable parts are; but not exclusive to: air cleaner elements, battery, belts, brake pads, brake shoes, clutch discs, drive chains, sprockets, bearings, fuel filters, fuses, lights, motor brushes, oil filter elements, rubber parts, spark plugs, cables, step rubbers, tyres, tubes and wheels.

The warranty does not cover additional expenses incurred including but not limited to communication and alterative transport, nor does this warranty cover labour for repair or diagnostic. This is a parts only warranty.

Should a fault occur with your Superbyke please contact the retailer who supplied your Edinburgh Motorcycle Imports in order to arrange for the necessary part(s) to be sent to you.

•  This guarantee will be granted only when the original sales receipt or invoice is presented with the defective product.
Edinburgh Motorcycle Imports or its dealer reserve the right to refuse free of charge guarantee service if the above document can not be produced or if the information contained in it is incomplete or illegible

•  This guarantee will not reimburse nor cover the damage resulting from modifications made to your Edinburgh Motorcycle Imports other than genuine Edinburgh Motorcycle Imports upgrades.

•  This guarantee will not apply if the frame number or part serial number has been deleted, removed or made illegible.

•  If a part is to be sent mail order it is required that the faulty part is sent back to us recorded delivery prior to us dispatching replacement parts (unless otherwise agreed with the management -pictures will be required).

•  Upon receipt of delivery prior to signing check all items for damage. You must inform us immediately upon receipt of any damaged items, by signing for the item you will be in acceptance that the item has been supplied as described and free from damage. You must notify us within 24hr of delivery if damaged.

•  This guarantee does not cover the following:

•  Periodic maintained and repair or replacement of parts due to normal wear and tear of such items but not exclusive tyres, brake pads, cables, clutch plates, levers, chain, sprocket.

•  Transport costs, home service transport costs and all risks of transport relating directly or indirectly to the guarantee of your Edinburgh Motorcycle Imports. The costs of all transport related to warranty work or otherwise are to be met by the customer.

•  Improper use of your Edinburgh Motorcycle Imports through stunt, trick, aggressive off road riding or activities not suited for the purpose of design. (The definition of purpose is at the sole discretion of Edinburgh Motorcycle Imports).

•  Repair or servicing done by non-authorized Edinburgh Motorcycle Imports dealers or the customer them selves.

•  Accidents, lightning, water, fire or any cause beyond the control of Edinburgh Motorcycle Imports.

•  The labour costs relating directly or indirectly to the guarantee of your Edinburgh Motorcycle Imports. The costs of all labour costs related to warranty work or otherwise are to be met by the customer unless previously agreed by the management (The managements decision is final) This includes diagnostic and remedy solution labour.