West Pennine Motorcycle Training - Terms & Conditions
- The base start level for any course is the ability to ride a bicycle.
- Bikes Provided :West Pennine and its agents/employers on grounds of safety/ability have the right to decide which motorcycle or scooter is appropriate for training/hire regardless of the type of course booked. If an alternative motorcycle is provided on the grounds of safety or ability no refund is due.
- When a course, training, lessons or a test (of any type) are not completed or used through no fault of West Pennine Motorcycles no refunds will be made.
- Any fees or costs (including test fees) which are saved by West Pennine in the interest of the trainee (ie if trainee is not currently ready for test), will be saved purely for the benefit of future training for the trainee with West Pennine and are not available as a refund.
- When a test is cancelled by the Driving Standards Agency (DVSA), including for reasons of weather, if the training has run to the allotted test time then no liability is taken for any consequential loss by West Pennine Motorcycle training and the course or lessons is considered completed without refund or liabilities. Where the DSA is liable it has its own compensation scheme (see links page). If the test is cancelled by weather alone West Pennine will charge a nominal fee to cover base costs to rerun the test/tests.
- PLEASE NOTE:- Offensive abusive or threatening behaviour will not be tollerated towards staff in any way or by any method or by anyone. Trainees are responsible for their behaviour and the behaviour of any associates. Any training will cease and you will be asked to leave the premises. Any course fees will be forfeit, and any test fees donated to NW Air ambulance. The police may be notified. The DVSA (examiners) will be notified of your name and driver number. No excuses no exceptions. We have a right to work in a peaceful and safe environment.
- If a course is cancelled outright giving ten clear working days notice, then course fees will be refunded less £200 course or £40 CBT (none refundable deposit) and any already booked test fees. If the course is not cancelled prior to ten clear days then the full course fee is payable. If a course is moved prior to start date then the full course must be paid for prior to moving dates in order to avoid loosing deposit, the full fee is then none returnable . West Pennine may in certain circumstances waive these conditions but that is at West Pennines absolute discretion and an admin fee of 5% will be charged to cover card/bankchages and our administration costs.
- Gift vouchers are none refundable, however West Pennine may allow the voucher to be used for alternate training at West Pennine to the same value.
- CBT training is normally priced per day and is run at a discount compared with normal daily rates to encourage and help new riders. If extra hours or days are required to get to a standard to be issued with a certificate these will be charged at normal training rates.
- Course definitions :- PLEASE NOTE !!!!!!!!!!!!!!!!!!!
- Experienced DAS: rider has good base control of a 600cc bike no issues with figure 8 , u turn , balance steering or gear shift and must be capable of demonstrating this at start of course.
- Experienced rider:- rider has good base control of a 500cc bike no issues with figure 8 , u turn , balance steering or gear shift and must be capable of demonstrating this at start of course.
- Prior experience: rider has good slow speed control of a 125cc bike, clutch control, balance and steering are not an issue.
- Intermediate:- Has base skills able to set off smoothly but may be a bit wobbly or a bit rusty.
- Novice:- None rider:- but we would expect the person to have the basic ballance ie Can ride a peddle cycle! If a rider falls out side these guidlines we reserve the right to advise further training or, train on a lower capacity bike for safety reasons.
- Special offers can not be doubled up, only one type of offer per course or group of courses. Offers include 3 for 2, free accomodation, guarantees, or any other offer, which may be available.
- Buy one get one half price for all CBT full licence and ERS course. (when available).
Conditions:- Courses need to paid in full. Dates are not movable once booked. No refunds if cancelled. Free course does not include test fees, certificates or B&B.
Dates are winter period only. Only available by phone.
- Price rises will be passed on to customers unless course prices paid in full on booking.
- Hire excess is £50 for accidental damage up to 125cc, and £250 for all other bikes . Damage caused by failure to follow important safety instructions, careless or reckless use, will be at an excess of £500 and cannot be waived.
- Motorcycling is potentially a dangerous pastime! We would like to bring to your attention that customers are covered by full comprehensive insurance road risk only. West Pennine are not responsible for any accidents, mishaps or personal injuries. West Pennine does not provide personal accident insurance.
- A small fee is charged included in the training courses to cover test booking, changing bookings and credit card charges, details are available by calling the office.
- Website Operator
This website is operated by West Pennine Motorcycles.
- West Pennine Motorcycles grants you a non-exclusive licence to use this website upon the following Terms and Conditions.
- West Pennine Motorcycles may terminate this licence at any time without notice.
- Materials in Site
- This website contains material which is owned by or licensed to West Pennine Motorcycles. This material includes, but is not limited to, the design, layout, look, appearance and graphics. It is protected by intellectual property laws including, but not limited to, copyright.
- You may view, use, download and store the material on this website for personal and research use only. Commercial use is not permitted. The re-distribution, republication, or otherwise making available of the material on this website to third parties, without the prior written consent of West Pennine Motorcycles is prohibited.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- Accuracy of Information
- The information in this website is given in good faith for general information and interest only. It is subject to change without notice. West Pennine Motorcycles is not responsible for any inaccuracies and (expect as set out in clause 6.3) make no representation and gives no warranty as to its accuracy.
- The information in this website should not be relied on and does not constitute any form of advice or recommendation. By using this website you confirm that you have not relied on any such information. Any arrangements made between you and any third party named or referred to on the website are entirely at your sole risk and responsibility.
- This website contains links to other websites. West Pennine Motorcycles accepts no responsibility or liability for the content of other websites which are not under our strict control. Any links are not intended to be, nor should be construed as, an endorsement of any kind by West Pennine Motorcycles of that other website.
- You may not create a link to this website from another website or document without the prior written consent of West Pennine Motorcycles.
- West Pennine Motorcycles does not guarantee that use of this website will be compatible with all hardware and software which may be caused by visitors to the site.
- Except as set out in clause 6.3, West Pennine Motorcycles will be under no liability to you whatsoever whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise for any injury, death, damage or 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 like loss) howsoever caused arising out of or in connection with the use of this website or the use, accessing, downloading or relying on any information or other materials contained in this website, including, without limitation, as a result of any computer virus.
- These Terms and Conditions do not exclude its liability (if any) to you for personal injury or death resulting from the negligence of West Pennine Motorcycles, for fraud or for any matter which it would be illegal for West Pennine Motorcycles to exclude or to attempt to exclude its liability.
- Download Times
In order to make the website more user-friendly and allow the amount of information to be increased, a number of software applications are used. The website may make use of various technologies including Macromedia Flash and Adobe Acrobat (PDF) software, for example. These may take more time to load than conventional HTML web pages, especially if you are accessing the website using a dial-up connection to the Internet or via a mobile phone device or any wireless connection. By proceeding to download the Flash or Adobe Acrobat parts of the website you acknowledge the increased download time and computing resource needed.
- Jurisdiction and acceptance of these Terms and Conditions
This website is controlled and operated by West Pennine Motorcycles from its offices in England. The formation, existence, construction, performance, validity in all aspects whatsoever of these Terms and Conditions or of any term of these Terms and Conditions or any dispute in relation to the materials contained in this website shall be governed by English Law. The English courts shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms and Conditions or use of the website. Your continued use of this website indicates your acceptance of these Terms and Conditions.
- Website Accessibility
West Pennine Motorcycles is committed to making this website as accessible as possible to all audiences, including those with visual, hearing, cognitive and motor impairments, in order to meet its requirements under the Disability Discrimination Act.
TERMS AND CONDITIONS OF SALE
“The Company” means WEST PENNINE MOTORCYCLES ,“the Customer” means the person, firm, company, organisation, corporation or public authority whose order is accepted or referred to in any document issued by the Company. “Goods” means the products goods or services sold by the company or repaired by the company at the customers request.
- All orders accepted and Goods/services delivered by the company are subject to and upon the following terms and conditions of sale, which shall constitute the entire agreement between the Company and the Customer. No addition or variation shall apply unless agrees in writing by a Director of the Company. If the Customer shall not previously have accepted these terms and conditions then upon first delivery of any order the Customer shall be deemed to have given final and absolute acknowledgement of its acceptance of these terms and conditions in the form herein set out.
- No other terms and conditions that appear on any document issued by the customer whether or not the same shall be signed by or on the behalf of the Company shall apply.
- Acknowledgement of receipt of a Customer's enquiry or order by the Company shall not constitute acceptance of that order for contractual purposes. The sending of a written acceptance/delivery note or invoice by the Company shall alone constitute acceptance of the Customers order.
- Liability is not accepted by the Company for any inaccuracy in or misunderstanding concerning orders when placed by the Customer on the telephone.
- In no circumstances shall the Customer cancel a contract to which these terms and conditions apply unless the Company gives consent in writing. If consent is given the Customer will indemnify the Company against all losses (including any loss of profit) suffered by the Company up to cancellation
- Payment Terms
- Pounds Sterling (or the lawful currency of England and Wales from time to time) is the currency of account in all dealings between the Company and its Customers.
- All sales/deposits for account or non-account Customers must be paid immediately upon order and in full prior to dispatch or collection or provision of service.
- The Customer shall not be entitled to make any deduction or withholding from any payment due to the Company in respect of any set off or counter claim or otherwise unless both the amount and the validity have been expressly admitted in writing by a Director of the Company.
- Failure by the customer to pay the monies due to the Company by the due date will entitle the Company to withdraw credit facilities and withhold further deliveries/services for orders or part orders held by the Company. This action will not incur any liability on the Company for actions against the Customer by third parties.
- If the payment of the price of any part thereof and all other sums payable by the Customer is not made by the due date the Company shall be entitled to charge in addition to any monies due interest on the outstanding amount at the rate of 3.0% per calendar month or any part there of from the due date until payment is made.
- Prices of Goods/services are as set out on our website at the time you place your order and include VAT and any other applicable taxes or levies that may be applied by any governmental statutory or local authority upon the sale of goods or the supply of services. Any such provisions will be charged at the prevailing rate at the time of dispatch or invoice as the case may be.
- Subject to clause 4.(1) above, prices quoted on our website or in any of the Company’s literature including any promotional offer sheets or flyers are subject to variation without notice.
- Any price or discount related problem must be notified in writing to the Company’s Customer service department within 7 days of invoice date or the invoice will be regarded as cleared for payment in its entirety.
- Delivery Europe subject to carriage charges.
- The Company will use its reasonable endeavours to comply with dispatch, collection and delivery and service dates however no liability is taken for changing service dates when it is beyond our control.
- Deliveries shall only be made by the Company to the Customer to an address within Europe.
- Delivery shall be deemed to have taken place on the occurrence at the first point in any of the following events:-
- Delivery to our carriers.
- Delivery by our vehicle
- Collection from our site.
- Dispatch of Goods via post.
- In the event of any failure to make delivery or delay in delivery the customer shall have no claim whatsoever against the Company for any indirect or consequential loss or damage of any kind.
- Customers requiring collection of Goods by the company for return or repair in accordance with clause 8 below shall ensure the said Goods are available and ready as soon as reasonably practicable after Delivery for collection by the Company’s carrier at a mutually agreed time. Failure of the Customer to comply will incur extra charges, which will be paid by the Customer. The Company shall refund the Customer for all Goods properly returned in accordance with these Terms and Conditions within 14 days of such return of the Goods to the Company.
- Any delivery discrepancies, including non-and short delivery, must be notified in writing to the Company’s Customer service department within 3 days of the goods arriving or the delivery will be regarded as complete.
- If, due to any actions taken or omissions or failures by the Customer, the Company’s representative or carrier is unable to complete a delivery the Customer shall be liable for any costs imposed on the Company by its representative or carriers.
- Title to the Goods and Risk in the Goods
- Title to and property in the Goods/services shall remain in the Company until payment in full of
- The total invoice price for the Goods/services and any relevant charges; and
- Any other amounts that are due for payment by the customer to the company on any account.
- The Customer will ensure the Goods are stored in suitable conditions so as not to allow any deterioration of Goods until title has passed to the Customer.
- Force Majeure
In the event that the Company shall be delayed in or prevented from carrying out all or any of its obligations as a result of any cause beyond its control (but not by way of limitation) war invasion, hostilities, civil war, terrorism, civil strike or common strikes, lock outs, breakdown of plant and machinery, failure of third parties to deliver goods, storm, flood or any cause outside of its control it shall be relieved of all obligations and liabilities incurred under such contract insofar as and for so long as the fulfilment of such obligations and liabilities is thereby prevented, frustrated or impeded.
- Inspection, Acceptance and Return
- The Customer must inspect and notify the company in writing of any defect, damage or other fault within 7 days of the date of Delivery. If no written notification is received the Goods will be deemed as having been received and accepted by the Customer free of any obvious defect or damage.
- The Company does not manufacture the Goods that it sells. The Company will use all reasonable endeavours to assist the Customer to claim benefit of any manufacturer’s warranty or indemnity. The Company cannot however accept liability for the suitability, fitness for purpose, operation or effectiveness of Goods it does not manufacture.
- It is the Customer’s responsibility to comply strictly with the terms and conditions of any manufacturer’s warranty or indemnity.
- The Customer will comply with the Company’s reasonable directions concerning any Goods which are claimed to be defective or damaged. If the Customer returns any Goods to the Company without the Company’s prior consent, the Company may return them to the Customer, or store them, at the customer’s risk and cost.
- Limitations and Exclusions
- If any Goods/services do not comply with the contract between the Company and the Customer, for any reason, the Customer’s sole remedy against the Company shall be limited to the Company replacing the Goods/services or refunding the price paid for them.
- Under no circumstances whatsoever shall the liability of the Company to the Customer exceed the price paid for the Goods/services.
- The Company accepts no liability or responsibility for any consequential or indirect losses or expenses, (including but not limited to any loss of profit, turnover, business, expectation or bargain) suffered by the customer or any other person, for any reason.
- Except as otherwise provided by these Terms and Conditions, all warranties, undertakings and conditions, express or implied, are excluded.
- Nothing in these Terms and Conditions excludes or restricts the Company’s liability for death or personal injury caused by the Company’s negligence, or for fraud or deliberate wrongdoing.
- Each term and provision of these Terms and Conditions is separate and distinct and shall not be affected by the invalidity or unenforceability of any other term or provision.
- Nothing in these Terms and Conditions confers or implies any right, power or privilege on any person other than the Company’s Customer.
- Whilst we agree to use our reasonable endeavours to ensure that the Company site is fully operational and error-free, we cannot guarantee this and therefore accept no responsibility for any defects and/or interruption of the Company site and/or the Company service and shall be released from our obligations under these terms and conditions in the event of any cause beyond our reasonable control which renders the provision of the Company site and/or the Company service impossible or impractical.
- The information on this web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice by the Company and the Company may also make improvements and/or changes to this information at any time without notice.
- All Goods shown on this site are representations of the products and designs that will be supplied by the Company to comply with your particular order and as such we cannot guarantee that your Goods will look exactly like the design shown on the web site including the pictures shown on this site which are for guidance only.
- Where deposits have been paid to book service days or dates these are none refundable along with any test fees already paid to the Driving Standards Agency.
- Any payments due for service (courses) are due at start of course.
- No refunds will be given once a course has started, and is not completed through no fault of the company.
- The company has the right to refuse to provide motorcycles to a trainee if the company is concerned about the safety of the trainee on a particular motorcycle, the company will not refund if this is done on the grounds of safety or the trainee agrees to use another motorcycle.
The Customer shall comply with all instructions the Company and/or the manufacturer of Goods supplied by the Company in relation to the fitting, installation, service and use of the Goods. The Customer shall keep the Company fully indemnified against all costs, claims, demands, and liabilities that may occur due to any failure to comply with those instructions.
- English Law
Every contract to which these Terms and Conditions shall apply shall be constructed in accordance with an governed in all respects by English Law and the Company and the Customer agree to submit to the jurisdiction of the English Courts.
- Consumer Sale
Except to the extent permitted by law, nothing in these Terms and Condition shall affect or restrict the statutory rights of any person dealing with the Company as a consumer.
- Age Requirements for Specific Goods
Where the law requires a minimum age limit for the purchase of specific Goods, you confirm that you are over the required age limit and that delivery will be accepted by a person over the required age limit.
- Design and Reproduction
Drawings, photographs, part numbers, layout and style are considered property. Reproduction in whole, or in part, strictly prohibited without written permission. Quantities and measurements are approximate. Trademarks acknowledged. Exact Goods may vary from that shown. All Goods subject to availability.