MG WHEELS PARTNERSHIP FOR THE SUPPLY OF GOODS TO CONSUMERS.
These terms and conditions are effective from 1st March 2016 and until further notice and shall replace all previous versions. The terms and conditions on Pages 1 to 7 of MG WHEELS PARTNERSHIP are for the supply of GOODS TO CONSUMERS.
Buyer: the person, firm or company is purchasing Goods from MG WHEELS whose Operations office address is:
MG WHEELS, Level 8, The Plaza Commercial Centre, Bisazza Street, Sliema SLM 1640, Malta – EUROPE.
Other contact details:
Phone: Direct Line +356 2130 1560 | Office Reception +356 2579 3129 / 2579 3133
Mobile: Gerald J. Zammit +356 7949 8413 | Mario Said +356 9949 2639
Fax: +356 2579 3155
Skype: geraldjzammit | marioisaid4657
2.1 Subject to any variation under condition 2.3 the Contract is based on these set of conditions and inclusion or exclusion of any other terms and conditions amended by the Buyer to any purchase order, confirmation of order, specification or other document is will result to null and void.
2.2 These terms and conditions apply to all MG WHEELS sales. Any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by any one of the Managing Partner of MG WHEELS.
2.3 The Buyer acknowledges the fact that it has not relied on any statement/s, promise or representation made or given by any official of MG WHEELS which is not set out in the Contract. Nothing in this condition shall exclude or limit MG WHEELS liability for fraudulent misrepresentation.
2.4 Each order or acceptance of a quotation for Goods by the Buyer shall be deemed to be an offer to the Buyer to buy Goods from MG WHEELS subject to these terms and conditions.
2.5 No order placed by the Buyer shall be deemed to be accepted by MG WHEELS until a written acknowledgement of order is issued by MG WHEELS or (if earlier) MG WHEELS delivers the Goods to the Buyer.
2.6 The Buyer shall ensure that the order terms and any applicable specification/s are completely accurate and in line with these defined terms and conditions.
3.1 The quantity and description of the Goods shall be as set out in MG WHEELS acknowledgement of order.
3.2 All samples, drawings, descriptive matter, specifications and advertising issued by MG WHEELS and any descriptions or illustrations contained in MG WHEELS promotional material, brochures or Website are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and this is not a sale by sample.
3.3 In the event that the Buyer does not specify the colour of the Goods in writing, MG WHEELS shall be entitled to send the Buyer Goods of any colour without notifying the Buyer. In the event that the Buyer does specify a colour in writing, MG WHEELS reserve the right to supply an alternative colour without notifying the Buyer should the Buyer’s chosen colour be unavailable. The Buyer acknowledges and accepts that the colour of the Goods may differ from those on MG WHEELS catalogues, brochures or Website due to the printing of such catalogues and brochures or if shown on the Website the Buyer’s own computer visual settings and hardware.
4.1 Unless otherwise agreed by both parties, delivery of the Goods shall take place at an address specified by the MG WHEELS.
4.2 Subject to clause 4.3, if the parties agree that the Delivery Point is to be the Contact Address, the Buyer shall take delivery of the Goods at such time and on such date as is agreed between the parties (the “Agreed Collection Date”). If the Buyer fails to collect the Goods on the Agreed Collection Date, MG WHEELS shall be entitled to cancel the order at any time during a Five Day (Business Days) period which will commence the day after the Agreed Collection Date and ending at 3.00pm Malta time on the Fifth Business Day of such period (the “Collection Period”).
If the Buyer fails to collect the Goods during the Collection Period MG WHEELS reserves the right to cancel the order, terminate the Contract and the Buyer shall be liable to paying the respective Cancellation Fee within Seven Business Days of the expiry of the Collection Period.
4.3 If both parties agree that the Delivery Point is to be the Contact Address stipulated by MG WHEELS, and should the Buyer fail to collect the Goods on the Agreed Collection Date, MG WHEELS reserves the right to store the Goods until delivery takes place, whereupon the Buyer shall be liable to all related additional costs and expenses (including and without limitation to storage, insurance and any other related costs to re-delivering the goods). In these circumstances, and for the avoidance of doubt, the order shall not be automatically cancelled, nor will the Contract be automatically terminated, unless MG WHEELS has notified the Buyer via fax or email that it intends on cancelling the order and Contract and shall be imposing Cancellation Fees.
4.4 Delivery of the Goods will be made as soon as possible after a Contract has been mutually agreed, signed off by both parties and a 30% deposit has been paid to MG WHEELS by the Buyer with cleared funds. A dishonoured cheque issued by the Buyer will result to non-payment and MG WHEELS reserves its rights to cancel the order and Contract. In any event, and in the case of delivery within Malta and Gozo this will take place within fourteen Business Days from date of Contract, however delivery will always be subject to Stock availability in Malta by MG WHEELS or Stock availability by its respective overseas Supplier/s. Any such delays will be notified to the Buyer by MG Wheels via fax or email.
4.5 If the Contract is agreed and concluded during normal business hours MG WHEELS will usually release the Goods as soon as the funds have been cleared by its banker’s (two to three banking days), unless settlement by the Buyer is made in cash or bank draft. Goods will then be released subject to Stock availability and agreed Delivery Point.
4.6 Delivery will usually take place at any time between 10.00am and 5.00pm on the date of the agreed Delivery Point.
4.7 Any dates and times specified by MG WHEELS for delivery of the Goods are intended to be an approximate time. The time for delivery can be given verbally or via email or SMS and shall not necessarily require an official Delivery Notice from MG WHEELS to facilitate the process.
4.8 Subject to the other provisions of these conditions MG WHEELS shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by MG WHEELS unfortunate negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 180 days.
4.9 MG WHEELS will be entitled to deliver the Goods to any person who is present at the Delivery Point who accepts and signs a receipt for the Delivery of Goods. The Goods must be checked at time of delivery and once the Buyer signs off the delivery, the goods are being accepted according to the order and contract and that they have been delivered in good condition.
4.10 If for any reason the Buyer fails to accept delivery (including but not limited to where the Buyer rejects delivery for any reason) of any of the Goods when they are ready for delivery, or MG WHEELS is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions or documents:
(a) Risk to the Goods shall immediately pass to the Buyer (including the responsibility for loss or damage caused by MG WHEELS);
(b) The Goods shall be deemed to have been delivered;
4.11 MG WHEELS expect the Buyer to provide an adequate and appropriate proposed Delivery Point for MG WHEELS to fulfil the unloading of Goods.
4.12 Should MG WHEELS deliver the Goods by separate instalments, each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract.
4.13 Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Buyer to repudiate or cancel any other Contract or instalment.
4.14 If upon delivery of Goods the goods are damaged the Buyer shall, where the damage is apparent, state upon receipt or signing for the Goods delivered to him/her, that the Goods are damaged. The Buyer must produce a short report in writing of the damages supported by digital images and emailed immediately to MG WHEELS at email@example.com . The written report must be handed to the MG WHEELS officials making the delivery. Should such measures not be observed or conducted by the Buyers means that the Buyer has received the Goods in good working condition and in line with the Buyer’s order and Contract. Furthermore, the Buyer relinquishes MG WHEELS from any liability or repercussions resulting from Goods not being delivered in good working condition by MG WHEELS and that they are in line and in accordance to the Buyer’s order and Contract.
4.15 If on the other hand, the Goods are delivered damaged, or there is a shortage in respect of the Goods or the Goods are not those ordered, or any part(s) are missing, the Buyer must still sign the Delivery Acceptance Notice accordingly and notify MG WHEELS in writing within Twenty-Four hours of delivery and via email to firstname.lastname@example.org . After such notification the parties shall use reasonable endeavours to seek and agree a resolution to the problem within Fourteen Business Days of such notification. If the parties are unable to reach agreement within such period the Contract will be deemed to be terminated, the Buyer shall return the Goods, in the same condition as they were delivered by MG WHEELS within Seven Business Days of such failure to reach agreement. MG WHEELS shall refund the Contract price within Fifteen days of receiving the returned Goods.
4.16 Clause 4.15 shall not apply if:
(a) The Buyer makes further use of the Goods after becoming aware of the defect;
(b) If the Goods are collected by the Buyer or any representative of the Buyer from MG WHEELS or any premises that are not previously specified by MG WHEELS.
4.17 The buyer has a right to cancel this Contract without giving any reason, at any time up to 7 working days after the Buyer receives the goods provided that the goods are unused, unopened, undamaged and in a perfect resalable condition. To cancel, please contact MG WHEELS in writing to MG WHEELS Operations Office address or via e-mail to email@example.com .
MG WHEELS will refund the monies paid by the Buyer excluding delivery costs incurred by MG WHEELS. Nevertheless, the Buyer is responsible for:
5.1 The quantity of any consignment of Goods as recorded by MG WHEELS upon despatch from MG WHEELS place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.
5.2 MG WHEELS shall not be liable for any non-delivery of Goods (even if caused by MG WHEELS unfortunate negligence) unless the Buyer gives written notice to MG WHEELS of the non-delivery within Seven Business Days of the date when the Goods would in the ordinary course of events have been delivered. If such notification is received, MG WHEELS shall replace the Goods or refund the Contract price paid within Fourteen Business Days of receipt of such notification.
5.3 Any liability of MG WHEELS for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable agreed time communicated in writing with the Buyer by post or via email or MG WHEELS issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.
6.1 The Goods are at the risk of the Buyer from the time of delivery when Buyer should make its own arrangements for insurance and road license.
6.2 Ownership of the Goods shall not pass to the Buyer until MG WHEELS has received in full (in cash or cleared funds) all sums due to it in respect of:
(a) The Goods; and
(b) All other sums which are or which become due to MG WHEELS from the Buyer on any account.
6.3 MG WHEELS does not accept payment in cash in excess of EUR 5,000.
7.1 Unless otherwise agreed by MG WHEELS in writing, the price for the Goods shall be the price set out in MG WHEELS current price list as published on the date of delivery or deemed delivery.
7.2 The price for the Goods shall be inclusive of any value added tax applicable by the VAT Department of the Republic of Malta.
7.3 All additional costs or charges in relation to bike registration, license, and number plate payable to Transport Malta, or additional parts or accessories ordered by the Buyer and additional services provided by MG WHEELS, shall be paid by the Buyer on delivery and in addition to the sale price of the scooter or motorcycle.
8.1 Unless otherwise agreed by MG WHEELS and subject to condition 8.4, payment of the price for the Goods is due in EURO currency prior to the delivery of the Goods by MG WHEELS.
8.2 Time for payment shall be of the essence and in accordance to the terms stipulated by MG WHEELS.
8.3 No payment shall be deemed to have been received until MG WHEELS has received cleared funds.
8.4 All payments payable to MG WHEELS under the Contract shall become due immediately despite any other provision.
8.5 The Buyer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by MG WHEELS to the Buyer.
8.6 If the Buyer fails to pay MG WHEELS any sum due pursuant to the Contract, the Buyer shall be liable to pay interest to MG WHEELS on such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of Bank of Valletta plc., or any other MG WHEELS nominated bank/s, accruing on a daily basis until payment is made, whether before or after any judgment.
8.7 MG WHEELS reserves the right to engage a third party (including but not limited to a debt collection agency or firm of solicitors) to recover any costs, expenses or fees owed by the Buyer to MG WHEELS under the terms of this agreement and the Buyer shall be liable for the additional costs, expenses or fees of such third party (and the cost of MG WHEELS in assisting such third party) on a full indemnity basis.
9.1 Where MG WHEELS is not the manufacturer of the Goods, MG WHEELS shall endeavour to transfer to the Buyer the benefit of any warranty or guarantee given to MG WHEELS.
9.2 Unless otherwise agreed, MG WHEELS warrants that (subject to the other provisions of these conditions) upon delivery, the Goods shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979.
9.3 MG WHEELS shall not be liable for a breach of the warranty in condition 9.2 unless:
(a) The Buyer gives written notice of the defect to MG WHEELS as soon as reasonably practicable after becoming aware of the defect, and, if the defect is as a result of damage in transit by the carrier, within Twenty-Four hours of the time when the Buyer discovers or ought to have discovered the defect; and
(b) MG WHEELS is given a reasonable opportunity after receiving the notice of examining such Goods and the Buyer (if asked to do so by MG WHEELS) returns such Goods to MG WHEELS place of business at the Buyer's cost (unless, after examining the Goods, MG WHEELS accept that the defect is not the fault of the Buyer in which case MG WHEELS shall bear the cost) for the examination to take place.
9.4 MG WHEELS shall not be liable for a breach of the warranty in condition 9.2 if:
(a) The Buyer makes any further use of such Goods after becoming aware of the defect; or
(b) The defect arises because the Buyer failed to follow MG WHEELS oral or written instructions as to the storage, use or maintenance of the Goods or (if there are none) good trade practice; or
(c) The Buyer or a third party alters or repairs such Goods without the written consent of MG WHEELS; or
(d) The Buyer has sold the Goods to a third party purchaser; or
(e) The relevant parts are Excluded Parts.
9.5 Subject to condition 9.3 and condition 9.4, if any of the Goods do not conform with the warranty in condition 9.2 MG WHEELS shall at its option repair within Seven Business Days or replace such Goods (or the defective part) and return the Goods (or the defective part) to the Buyer at the Buyer’s cost (unless, after examining the Goods, MG WHEELS accept that the defect is not the fault of the Buyer in which case MG WHEELS shall bear the cost), or refund the price of such Goods, or issue a credit note at the pro rata Contract rate provided. If MG WHEELS so requests, the Buyer shall, at the Buyer's expense, return the Goods, or the part of such Goods which is defective to MG WHEELS.
9.6 If MG WHEELS complies with condition 9.5 it shall have no further liability for a breach of the warranty in condition 9.2 in respect of such Goods.
9.7 Any Goods replaced shall be guaranteed on these terms for the unexpired portion of the warranty period of the original purchase.
10.1 Nothing in these conditions shall affect the Buyer’s statutory rights.
10.2 Subject to Clauses 4, 5 and 9, the following provisions set out the entire financial liability of MG WHEELS (including any liability for the acts or omissions of its employees, agents and subcontractors) to the Buyer in respect of:
(a) Any breach of these conditions;
(b) Any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; and
(c) Any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
10.3 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by Section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by the Republic of Malta law, excluded from the Contract.
10.4 Nothing in these conditions excludes or limits the liability of MG WHEELS:
(a) For death or personal injury caused by MG WHEELS negligence; or
(b) Under section 2(3), Consumer Protection Act 1987; or
(c) For any matter which it would be illegal for MG WHEELS to exclude or attempt to exclude its liability; or
(d) For fraud or fraudulent misrepresentation.
10.5 Subject to condition 10.3 and condition 10.4:
(a) MG WHEELS total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and
(b) MG WHEELS shall not be liable to the Buyer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
11.1 MG WHEELS may assign the Contract or any part of it to any person, firm or company.
11.2 The Buyer shall not be entitled to assign the Contract or any part of it (including, without limitation, the benefit of any warranty) without the prior written consent of MG WHEELS.
MG WHEELS reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of MG WHEELS including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of STANDARD TERMS AND CONDITIONS OF MG WHEELS FOR THE SUPPLY OF GOODS TO CONSUMERS. These terms and conditions are effective from 1st March 2016 until further notice and shall replace any previous versions.
13.1 Each right or remedy of MG WHEELS under the Contract is without prejudice to any other right or remedy of MG WHEELS whether under the Contract or not.
13.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
13.3 Failure or delay by MG WHEELS in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
13.4 Any waiver by MG WHEELS of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
13.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
13.6 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by the laws of the Republic of Malta and the parties submit to the exclusive jurisdiction of the Maltese courts.
14.1 All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid registered or recorded post or sent by email to firstname.lastname@example.org :
(a) In case of communications to MG WHEELS and to its Contact Address or such changed address as shall be notified to the Buyer by MG WHEELS; or
(b) In the case of the communications to the Buyer to their residence, registered office, or trading address (and at the sole discretion of MG WHEELS) of the addressee (if it is a company) or (in any other case) to any address of the Buyer set out in any document which forms part of the Contract or such other address as shall be notified to MG WHEELS by the Buyer.
14.2 Communications shall be deemed to have been received:
(a) If sent by pre-paid recorded or registered post, Two days (excluding Saturdays, Sundays and Public Holidays) after posting (exclusive of the day of posting); or
(b) If delivered by hand, on the day of delivery; or
(c) If sent by email on a Business Day which is Monday to Friday (inclusive) between 10.00am and 5.00 pm, at the time of transmission and otherwise on the next Business Day.
14.3 Communications addressed to MG WHEELS shall be marked for the attention of one of the Managing Partners being Mario Said or Gerald J. Zammit.