Definitions
- “Us” and “We” refers to the Company,Rewaco Trikes Scotland Ltd.
- “You”, “passengers” and “passenger” refers to the customer.
- “Service” or “services” refers to any private hire service provided by Rewaco Trikes Scotland Ltd to the customer and includes rides as a portrait prop and for media purposes.
By placing a booking with us, you are confirming you have read, understood and agreed to abide by the following published Terms and Conditions. Please ensure you understand them fully prior to placing a booking with us.
Privacy Policy
- We do not store credit card details nor do we share customer details with any 3rd parties.
Safety
- We strongly recommend that passengers on test rides, wear long trousers and enclosed shoes.
- All passengers must wear protective eyewear.
- Rewaco Trikes Scotland Ltd will provide helmets, gloves, protective eyewear and waterproof clothing for all passengers.
Note: Helmets are not required by UK law when travelling on a trike privately.
- Passengers undertake a Rewaco Trikes Scotland Ltd service at their own risk. It is the customer’s responsibility to observe at all times the safety procedures as advised by the driver. Rewaco Trikes Scotland Ltd takes the utmost care with our passengers but will take no responsibility for any injury suffered because the passengers did not follow the safety procedures.
- Rewaco Trikes Scotland Ltd reserves the right to refuse a service to any passenger who is not dressed appropriately, is under the influence of alcohol or drugs or whom we decide is not suitable for the service.
- The maximum weight for one passenger is 19 stone.
Rewaco Trikes Scotland Ltd is fully covered by public liability insurance.
Website Usage Terms & Conditions
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Rewaco Trikes Scotland Ltd’s relationship with you in relation to this website.
The term ‘Rewaco Trikes Scotland Ltd’ or ‘us’ or ‘we’ refers to the owner of the website whose office is at Crosshill Garage, Montrose Road, Brechin, Angus, DD9 7PL. The term ‘you’ refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- You may not create a link to this website from another website or document without Rewaco Trikes Scotland Ltd’s prior written consent.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.
SCHEDULE OF TERMS AND CONDITIONS OF SALE
Nothing herein contained is intended, nor will it affect, a consumer’s statutory rights under the Sale of Goods Act 1979 or the Unfair Contract Terms Act 1977 or any amendment thereof.
1 This document is a contract and contains the terms and conditions which we, the seller, supply the vehicle to you, the purchaser. Signature of this document indicates the purchaser’s intention and agreement to be legally bound by these terms.
2 The purchaser should satisfy themselves as to the vehicle’s quality and the general condition of the vehicle in relation to its age prior to agreeing to purchase the vehicle. Further, the purchaser confirms that it has satisfied itself as to the suitability of the vehicle for its requirements and has not relied upon the seller’s skill or knowledge regarding the vehicles fitness for any particular purpose or use. For the avoidance of doubt, the purchaser acknowledges and agrees this clause 2 will also apply where the vehicle has been purchased over the Telephone/over the Internet.
3 The vehicle is supplied as “Roadworthy (defined as holding a valid MOT Certificate of not less than 6 months until expiry) at the date of purchase or delivery (whichever is the sooner) and is supplied subject to any conditions and warranties that are implied by the Sale of Goods Act 1979 or any amended statute in the case of consumer sales (as defined by the Sale of Goods Act 1979). The purchaser is required to examine the vehicle and the purchaser is reminded that the condition of merchandisable quality implied by the Sale of Goods Act 1979 does not operate in relation to such defects which that examination ought to reveal. Should the vehicle be sold also subject to defects notified by the seller to the purchaser before sale, the condition of merchandisable quality above referred to does not operate in relation to those defects.
4 The purchaser acknowledges, at the date of purchase or delivery (whichever the sooner) of the vehicle, the vehicle is sold with a three (3) month warranty in relation to material defects with the engine and gearbox only. This warranty does not apply to any other part(s) of the vehicle.
5 For the avoidance of doubt, items excluded from the warranty referred to at Clause 4 of this document include but are not limited to, any injury, failure, loss or damage caused by, arising from or in connection with the following:
- Corrosion, frost, salt, hail, windstorms, lightning, airborne fallout, (e.g. chemicals, tree sap, bird droppings etc.) water ingress or flooding.
- Wear and tear, normal deterioration, routine servicing and maintenance.
- Faulty repairs, incorrect servicing or failure to have the covered vehicle services in accordance with the manufacturer’s specification.
- Lack of oil, fuel, lubricants, hydraulic fluids or additives, or foreign matter entering the fuel, cooling, air conditioning or lubrication systems, or use of oil, fuel, lubricants, hydraulic fluids or additives, which the manufacturer of the vehicle does not recommend.
- Vehicles modified in any way from the original specification.
- Any loss where the speedometer has been tampered with, altered, disconnected or where the mileage of the covered vehicle cannot be verified, or where you or anyone else acting on your behalf acts in a way that prevents us from exercising our right to inspect the vehicle.
- Damage or failure caused by an excluded component.
- If the vehicle has been used for competitions of any kind, racing, pace making, rallies, off-road use including track days, for any form of hire or reward and usage for or by driving schools.
- Losses or damage due in any way to any type of accident, misuse or any act or omission which is willful, unlawful or negligent.
- Any component that is subject to recall by the covered vehicle’s manufacturer, manufacturing defect or inherent design faults.
- Any electrical fault or failure of the vehicle.
- Cleaning, polishing, operations performed under normal maintenance, adjustments, modifications, alteration, tampering, disconnection, improper adjustments or repairs.
- The seller will not pay for any depreciation to the vehicle, loss of earnings, death or bodily injury, damage to property or any other loss or damage which is a direct or indirect result of the failure of the vehicle.
- The purchaser should check whether they have any other insurance policies that may cover additional damage or related costs or losses not covered by the warranty referred to at Clause 4 of this document.
- Any costs covered under any other warranty, insurance or cover.
- Any damage that has occurred as a result of accidental damage or impact of whatever nature to either the vehicle or the persons.
- Any loss, damage or failure caused wholly or partially from lack of maintenance, abuse or neglect or as a result of accident, or a gradual reduction in operating performance that is commensurate with the age and mileage of the vehicle.
- Any vehicle that is owned by a business formed for the purposes of selling or servicing motor vehicles.
- The vehicle must not be used for hire or reward, commercial use, professional instruction, competition or off road use, motor rally, speed or duration tests or any practice for these events.
6 Subject to the exclusions referred to at Clause 5 of this document and if within the warranty period the vehicle develops a material fault in relation to its engine or gearbox, the seller agrees to use its reasonable endeavors to correct the fault. The seller is under no obligation to and will not collect or recover the vehicle from any location including but not limited to the purchaser’s home address. Any repairs carried out under the warranty shall be carried out at the seller’s business address. The purchaser at their own expense agrees to arrange for the vehicle to be delivered to the seller’s business address in order for the seller to carry out the necessary repairs.
7 The seller shall not be liable for any claims in relation to any costs incurred by the purchaser, if the purchaser elects to have any part of the vehicle covered by the warranty and within the warranty period serviced, repaired or otherwise examined by any alternative third party thereby denying the seller the opportunity to correct any faults in the parts covered by the warranty.
8 The seller shall endeavor to supply the vehicle by the estimated delivery date (if any) but does not guarantee the time of delivery and shall not be liable for any damages or claims of any kind in respect of any delay.
9 If the purchaser wishes to cancel the contract, the seller, at its sole discretion shall be at liberty to retain the deposit (if any) paid by the purchaser.
10 For the avoidance of doubt, the vehicle shall remain the property of the seller until the total purchase price has been discharged in full. Any payment made by the purchaser shall not be accepted as a discharge until the same has been cleared.
11 Except in respect of death or personal injury caused by the seller’s negligence, or any loss caused by the fraud of the seller, the seller shall not be liable to the purchaser by reason of any representation, or any implied warranty, condition or other terms, or any duty at common law, or under the express terms of this contract, for any:
- Loss or damage incurred by the purchaser as a result of third party claims
- Loss of actual or anticipated profits
- Loss of business opportunity
- Loss of anticipated savings
- Loss of goodwill
- Injury to reputation
- Any indirect, special or consequential loss or damage howsoever caused even if the seller was advised of the possibility of them in advance, or
- Any direct or indirect loss or disappointment caused by the cancellation of the contract,
which arise out of or in connection with the supply of the vehicle or its resale by the purchaser, except as expressly provided in these terms and conditions. Nothing in this clause shall operate to restrict or exclude the seller’s liability or limit the purchaser’s rights in any way that cannot be restricted, excluded or limited by law.
12 Any notices given hereunder must be in writing and sent by the purchaser by first class post to the seller’s place of business.
13 Failure by the seller to enforce at any time or for any period any one or more of these conditions shall not be a waiver of them or the right at any time subsequently to enforce all of them.
14 If any provisions of these terms and conditions are held by any competent authority to be invalid or unenforceable in whole or in part the validity of the remaining provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby. As far as it is possible to do so any clause that is in whole or in part invalid or unenforceable shall be interpreted with the minimum possible amendment so that the clause or part thereof is found to be valid and/or enforceable and gives effect as far as possible to the previously expressed intention of the clause.
15 No person who is not a party to the contract may in its own right enforce any terms of the contract provided that this clause shall not affect any right of action of any person to whom this contract is lawfully assigned.
16 These terms shall be governed by and construed in accordance with Scottish law. The parties hereby submit to the exclusive jurisdiction of the Scottish courts.