KGB Motorcycle Distribution
Trading under Jaws Motorcycles Ltd
90-94 Leigh Road, Leigh, Greater Manchester, WN7 1SL

(1) In these Conditions:

a) ‘The Company’ means KGB Motorcycle Distribution – 90-94 Leigh Road, Leigh, Greater Manchester, WN71 SL.

b) ‘The Purchaser’ means the person, firm or company with whom the Company does business.

(2) The construction, validity and performance of this contract shall be governed by the law of England.

(3) If after the acceptance by the Company of an order, such order is amended at the request of the Purchaser, the Company may increase the price payable for the goods to be

supplied or extend the time for their delivery.

(4) In the event of damage to or loss of goods in transit the Company will render every reasonable assistance to the Purchaser for the purpose of establishing any claim the

Purchaser may have against the carrier. Such assistance will not imply any acceptance by the Company for responsibility for such loss or damage.

(5) The goods shall become at the risk of the Purchaser at the time when the goods are delivered to the Purchaser or, if the delivery is ex-works, when the goods are ready for

collection.

(6) The Company shall in respect of unpaid debts due from the Purchaser under this or any other contract have a general lien on all property of the Purchaser in the possession of

the Company and shall after the expiration of 14 days notice to the Purchaser be entitled to dispose of such goods and property (as it deems fit) and apply the proceeds

towards such debts.

(7) the Company and the Purchaser expressly agree that until the Company has been paid in full for the goods comprised in any and all contracts between the Company and the

Purchaser for the sale of goods.

a) Any and all goods sold to the Purchaser by the Company remain the property of the Company (notwithstanding the provisions of Clause 5 above).

b) The Company, having reasonable notice, may recover those goods at any time from the Purchaser if in his possession if any account due from the

Purchaser is overdue or if in the opinion of the Company serious doubts arise as to the Purchaser’s solvency and for that purpose the Company, its servants or

agents may enter upon any land or building upon which the goods are situated.

c) The Purchaser has the right to dispose of the goods in the course of his business for the account of the Company and to pass good title to the goods

to its customer being a bona fide purchaser for value without notice of the Company’s rights.

d) In the event of such disposal the Purchaser has a fiduciary duty to the Company to account to the Company for the proceeds but can retain therefrom

an excess of such proceeds over the amount outstanding under any contracts for the sale of goods by the Company to the Purchaser and the Company has the

additional right to recover the Purchaser’s price from the Purchaser’s customers to the extent unpaid; if the Company avails itself of such right the Company will

account to the Purchaser for any such excess as aforesaid less any expenses incurred by the Company in or about the recovery.

(8) So long as circumstances beyond the reasonable control of the Company may prevent, hinder or delay delivery the Company shall not be bound to make delivery of any of the

goods which it may have contracted to manufacture, sell or supply and the Company shall not be liable in any way whatsoever for failure to deliver or any delays in delivery

arising from any such prevention hindrance or delay.

(9) Orders will be considered complete if within 5% of the quantity ordered. Claims will only be considered by the Company if made by the Purchaser within seven days of

delivery.

(10) Packages, box poles and other items sent with the goods and charged to the Purchaser will be credited in full if returned carriage paid and in good order to the Company’s

above address within two months from delivery.

(11) No receipts are valid unless issued on the Company’s printed forms.

(12) a) Nothing in the following sub-clauses shall in the context of contracts to which the Unfair Contract Terms Act 1977 (as amended from time to time) applies be

construed as an attempt by the Company to exclude or restrict any liability the Company may have for death or personal injury.

b) Although every effort is made by the Company to ensure a high standard of design, material and workmanship the Company shall (subject as described in (a)

above) not be liable to the Purchaser by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common

law, or under the express terms of the contract between the Company and the Purchaser, for lost profits or any direct, indirect, special or consequential loss or

damage, costs, expenses or other claims for compensation whatsoever (whether for breach of contract, by the negligence of the Company, its employees or

agents or otherwise) which arise out of or in connection with the supply of the goods (including the failure to supply the goods at all or on time) or their use or

resale by the Purchaser, and the entire liability of the Company under or in connection with the contract shall not exceed the price of the goods.

c) Without derogating from the above, the Company agrees that should it be shown to its satisfaction that at the time of delivery any such goods were defective in

either material or workmanship the Company will at its option either repair or replace the same or make an allowance against the price charged. Claims will not

normally be considered unless made in writing within three months from the date of delivery.

(13) The Company hereby gives notice that the Company has available information and product literature concerning the conditions necessary to ensure that the goods supplied

hereunder will be safe and without risks to health when properly used. If the Purchaser is not already in possession of such literature or requires any information or advice in

connection with the safe use of the goods at work, the Purchaser should immediately contact the Company.

(14) The Company reserves the right to supply goods covered by a single order in one or more consignments and each such consignment shall be subject to these Conditions of

Sale, but the Company shall be entitled to invoice the Purchaser for each consignment separately so that for the purpose of payment each consignment shall be deemed to be

a separate contract.

(15) If accounts due from the Purchaser to the Company shall be overdue by 14 days or more or if the Purchaser shall make default or commit a breach of this contract or if any

distress or execution shall be levied on the Purchaser’s property or assets or if the Purchaser shall make or offer to make any arrangement or composition with creditors or

commit any act of bankruptcy or if any partition or receiving order in bankruptcy shall be presented or made against him or if the Purchaser is a limited company and any

resolution or petition to wind up its business (other than for the purpose of amalgamation or reconstruction) shall be passed or presented, or if a receiver of the Purchaser’s

undertaking, property or assets or any part thereof shall be appointed the Company shall have the right forthwith to determine any contract then subsisting and upon written

notice of such determination being posted to the Purchaser’s last known address, any subsisting contract shall be deemed to have been determined without prejudice to any

claim or right the Company may otherwise make or exercise.