Name of company
Oval Motorcycle Centre
Clyston Street 15-17
London SW8 4TT
Tel: +44 207 7203621
Workshop Terms & Conditions
The Customer's attention is particularly drawn to the provisions of clause 7.
1. Basis of contract
1.1 The Order constitutes an offer by the Customer to purchase Services in accordance with these Conditions.
1.2 The Order shall only be deemed to be accepted when the Supplier confirms the workstation being available and reserved for the Customer’s use during Opening Hours at which point and on which date the Contract shall come into existence (Commencement Date).
1.3 The term of the Contract shall be for the Hire Period unless otherwise agreed in writing.
1.4 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Supplier, oral or on the Website or otherwise, which is not set out in the Contract.
1.5 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2. Supply of Services
2.1 The Supplier shall supply the Services to the Customer in accordance with the Booking Form in all material respects.
2.2 The Supplier shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and the Supplier shall notify the Customer in any such event.
3. Customer's obligations
3.1 The Customer shall:
(a) ensure that the terms of the Order and any information it provides in the Booking Form are complete and accurate;
(b) co-operate with the Supplier in all matters relating to the Services;
(c) act with due care and attention whilst on the Premises, making sure not to cause any danger or nuisance to any other person on the premises or nearby and comply with all health and safety requirements notified to the Customer by the Supplier;
(d) notify the Supplier immediately of anything that may be deemed to be hazardous or a nuisance to any person on the Premises or nearby as a result of either his own or a third party’s actions;
(e) keep and maintain all tools, materials, equipment, documents and other property of the Supplier (Supplier Materials) at its own risk, maintain the Supplier Materials in good condition until returned to the Supplier, and not dispose of or use the Supplier Materials other than in accordance with the Supplier's written instructions or authorisation;
(f) use the Supplier’s Materials for the sole purpose of motorcycle maintenance;
(g) ensure that all personal property brought onto and/or left overnight at the Premises is validly insured;
(h) hold harmless the Supplier from any costs, damages, charges or fees against any third party claims to title over any Customer property whilst on the Premises;
(i) return all Supplier Materials less any consumables purchased at the end of the Hire Period.
3.2 If the Supplier's performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):
(a) the Supplier shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays the Supplier's performance of any of its obligations;
(b) the Supplier shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Supplier's failure or delay to perform any of its obligations as set out in this clause 3.2; and
(c) the Customer shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from the Customer Default.
4. Charges and payment
4.1 The Charges for the Services shall be on a time and materials basis and the Charges shall be calculated in accordance with the Supplier's standard rates, as set out at the Premises and on the Website from time to time;
4.2 The Supplier reserves the right to increase its standard rates giving 24 hours prior notice.
4.3 The Supplier shall invoice the Customer on the Commencement Date or at the end of the Hire Period.
4.4 The Customer is to make payment at the end of the Hire Period. The Supplier reserves the right to request payment at such other time by giving notice prior to the Commencement Date.
4.5 All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable for the time being (VAT). Where any taxable supply for VAT purposes is made under the Contract by the Supplier to the Customer, the Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.
4.6 Without limiting any other right or remedy of the Supplier, if the Customer fails to make any payment due and/or fails to return the Supplier Materials to the Supplier under the Contract by the due date for payment (Due Date), the Supplier shall have the right to:
(a) charge interest on the overdue amount at the rate of 4% per cent per annum above the then current Barclays Bank plc's base lending rate accruing on a daily basis from the Due Date until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly;
(b) retain any Customer property on the Premises in lien for the unpaid amount until such time as the Customer makes good such sums due to the Supplier and in accordance with the terms of this clause 4; and
(c) make additional charges for the Supplier Materials that have not been returned by the Customer in accordance with clause 3.
5. Intellectual property rights and Supplier Materials
5.1 All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by the Supplier.
5.2 All Supplier Materials are the exclusive property of the Supplier and the Supplier provides no warranties or guarantees in respect of the same
6. Premises’ Non-Exclusive Licence to Access
6.1 The Customer hereby acknowledges that access to the Premises for the period agreed in the Contract is granted under a non-exclusive licence (Licence) and for the sole purpose of motorcycle maintenance. No rights of occupation nor landlord and tenant relationship are implied, given, formed or are to arise under the Contract.
6.2 For the avoidance of doubt, when the Contract period is for more than one day, the Licence is only operational during Opening Hours and no rights to access will operate at any other time.
6.3 The Supplier reserves the right to revoke such non-exclusive licence to access at any time and without notice.
7. Limitation of liability: THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
7.1 Nothing in these Conditions shall limit or exclude the Supplier's liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
7.2 Subject to clause 7.1:
(a) the Supplier shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss, or any indirect or consequential loss arising under or in connection with the Contract;
(b) the Supplier shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss, or any indirect or consequential loss arising under or in connection with the Customer’s provision of information not in accordance with clause 3.1(a);
(c) in the event the Customer leaves personal property on the Premises overnight the Supplier accepts no responsibility and shall not be liable for any theft, damage or loss howsoever caused to the property; and
(d) the Supplier's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the Contract amount; and
(e) the Supplier shall not be liable for any advice, assistance or information provided by the Supplier, its employees, agents or subcontractors in relation to the Services or use of the Supplier’s Materials for which it has not made a charge under the Contract.
7.3 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
7.4 This clause 7 shall survive termination of the Contract.
8.1 The Contract will terminate at the end of the Hire Period unless otherwise agreed in writing.
8.2 Without limiting its other rights or remedies, the Supplier may terminate the Contract with immediate effect by notice to the other party if during the Hire Period:
(a) the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply; or
(b) the other party (being an individual) is the subject of a bankruptcy petition or order; or
(c) the other party (being an individual) by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation.
8.3 Without limiting its other rights or remedies, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under this Contract on the due date for payment.
8.4 Without limiting its other rights or remedies, the Supplier shall have the right to suspend provision of the Services under the Contract or any other contract between the Customer and the Supplier if the Customer becomes subject to any of the events listed in clause 8.2(a) to clause 8.2(c), or the Supplier reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under this Contract on the due date for payment.
9. Consequences of termination
On termination of the Contract for any reason:
(a) the Customer shall immediately pay to the Supplier all of the Supplier's outstanding monies due including, but not limited to, unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, the Supplier shall submit an invoice, which shall be payable by the Customer immediately on receipt;
(b) the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry;
(c) clauses which expressly or by implication have effect after termination shall continue in full force and effect;
(d) return all Supplier Materials; and
(e) vacate the Premises without causing any nuisance, harm or damage to the Supplier, its agents, subcontractors, property or any third party.
10.1 Assignment and subcontracting:
(a) The Supplier may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.
(b) The Customer shall not, without the prior written consent of the Supplier, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
(a) A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
(b) Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
(a) If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
(b) If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
10.4 No partnership: Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
10.5 Third parties: A person who is not a party to the Contract shall not have any rights under or in connection with it.
10.6 Variation: Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions, to the Contract, shall only be binding when agreed in writing and signed by the Supplier.
10.7 Governing law and jurisdiction: This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
11.1 Definitions. In these Conditions, the following definitions apply:
Booking Form: the Supplier’s booking form for Services available on request
Charges: the charges payable by the Customer for the supply of the Services in accordance with clause 4.
Commencement Date: has the meaning set out in clause 1.2.
Conditions: these terms and conditions as amended from time to time in accordance with clause 10.6.
Contract: the contract between the Supplier and the Customer for the supply of Services in accordance with these Conditions.
Customer: the person or firm who purchases Services from the Supplier.
Hire Period: the period of time the Supplier makes allocated the workstation and Supplier Materials in the Premises available as set out in the Booking Form.
Intellectual Property Rights: all patents, trademarks, rights in goodwill or to sue for passing off, rights in confidential information and any other intellectual property rights, in each case whether registered or unregistered or equivalent rights or forms of protection in any part of the world.
Opening Hours: the Supplier’s hours of business and as defined at the Website.
Order: the Customer's order for Services as set out in the Customer's Booking Form.
Premises: the property being the whole of the building known as 15/17 Clyston Street, London SW8 4TT
Services: the services supplied by the Supplier to the Customer as set out in the ‘About OMC’ section of the Website.
Supplier: Oval Motorcycle Centre Limited registered in England and Wales with company number 06914869.
Supplier Materials: has the meaning set out in clause 3.1(e).
Website: the Supplier’s website http://www.ovalmotorcyclecentre.co.uk or such other website as the Supplier may use from time to time.
11.2 Construction. In these Conditions, the following rules apply:
(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(b) a reference to a party includes its personal representatives, successors or permitted assigns;
(c) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(d) any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
(e) a reference to writing or written includes faxes and e-mails.
Oval Motorcycle Centre
15-17 Clyston Street
Tues - Fri 10am - 6pm
Sat ---------10am - 7pm
Evening By Appointment
Bench Time Includes: