Terms and Conditions
By handing over the goods to the beneficiary (Client), the Client agrees to the terms and conditions stated herein. No employee, subsidiaries, affiliated parties, or agent of Motur Electric Vehicle PH (MOTUR) may alter the stipulations indicated under these terms and conditions.
The transaction between Motur Electric Vehicle PH and the Client (except where varied by an express agreement between the parties which is recorded in writing and signed by an authorized representative of Motur Electric Vehicle PH) shall constitute between the parties the entire terms and conditions stated herein.
A. If Client opted to have the goods delivered to them, MOTUR will use its reasonable endeavors to secure a delivery date or dates, but shall be under no liability whatsoever for loss occasioned by delay in delivery arising out of any cause beyond the control of the MOTUR.
B. The goods may be delivered by MOTUR or its agent in advance of the estimated delivery date, if any, upon giving 14 days prior notice to the Client.
C. Delivery shall be deemed to have been made on the date that the goods are made available for collection by the Client and MOTUR has given notice to the Client that the goods are ready for collection. The goods will be physically delivered by MOTUR to the Client only where agreed by MOTUR and at the Client’s cost.
II. Price and Payment
A. The goods will remain the property of MOTUR and the Client shall not be permitted to collect the goods until the Total Price set out on the agreement of MOTUR and the Client has been discharged in full (without set-off or counterclaim). A cheque given by the Client in payment or part payment shall not be treated as a discharge until such cheque has been cleared through the Client’s bank and time of payment shall be of the essence.
B. In the event that the Client arranges for a finance company to purchase the goods from MOTUR at the Total Price payable MOTUR shall not release the goods until the Total Price has been discharged in full, including receipt of cleared funds from the said finance company.
C. In the event of installment transactions, it is MOTUR’s decision to release the goods if the Total Price has not yet been discharged in full. If an installment transaction was incomplete and and the total Price has not been discharged by the Client, MOTUR has the authority to take the goods from the Client enforcing its rights as the owner of the goods.
III. Failure to collect goods
A. If the Client shall fail to take and or pay for the goods within seven days after notification by MOTUR that the goods are ready for delivery or pick-up, MOTUR shall be at liberty to treat the transaction as null and voided by the Client, and thereupon the deposit shall be forfeited and any sums paid by the Client shall be returned less a sum equivalent to a reasonable administration fee, any damages, loss or expenses which MOTUR may have suffered or incurred by reason of the Client’s default (including as a result of selling such vehicle at a lower value) and/or storage costs and the MOTUR shall be under no further liability to the Buyer.
IV. Examination of Goods and Reliance
A. Prior to acceptance of the goods the Client shall examine the goods to be purchased and the Client is reminded that the condition of satisfactory quality implied by legislation does not operate in relation to such defects which such an examination ought to reveal. If the goods are sold subject to defects and have been notified by MOTUR to the Client before the transaction, the condition of satisfactory quality referred to above does not operate in relation to those defects.
B. The Client confirms that it has satisfied itself as to the suitability of the goods for its requirements and has not relied upon MOTUR’s skill or knowledge regarding the goods’ fitness for any particular purpose or use.
C. It is recommended by MOTUR to have the mechanical and electrical goods undergo PMS or Preventive Maintenance Schedule every 90 to 120 days to ensure the qualitative performance and usage safety of the goods.
D. If defect or non-compliance to the standard quality has been identified, the Client must notify MOTUR within the warranty period of two months from the date of transaction and can be claimed for warranty as stated in Section V herein.
A. Any valid claim in respect of the goods which is based on any defect in the quality or condition of the goods based on materials or workmanship or their failure to meet the specification is notified to MOTUR, MOTUR shall be entitled at its sole discretion either to replace or repair the goods (or the part in question) free of charge or to refund to Client the price of the goods (or a proportion part of the price), but MOTUR shall have no further liability to the Client.
B. In the event of any dispute or disagreement arising out of or any breach of its terms MOTUR and the Client shall first use their reasonable endeavors to negotiate in good faith a settlement of such dispute by mediation through any medium of communication.
A. All new mechanical and electrical goods from MOTUR and within transactions with Client are all subject to 60 days warranty from the date of transaction.
B. To claim warranty, an official receipt is required and should be handed over to MOTUR by the Client. As stated in Section IV herein, there are guidelines imposed and are reinforced in claiming warranty.
C. In the case of the goods being a second-hand vehicle, MOTUR shall transfer to the Client the unexpired portion of the warranty (if any). The Client acknowledges that in the case of the goods being a second-hand vehicle the goods will be sold subject to such wear and tear as is reasonable for a vehicle of its age, type, usage and mileage; and subject to paintwork and/or bodywork repairs that may have been carried out to it.
D. Warranty is null and void if the following occurs:
- The goods being personalized or customized by the Client or by MOTUR as requested by the Client.
- The goods being damaged due to unsafe practice of using a mechanical or electrical vehicle (e.g. speeding, overweight load, multiple riders, negligence) causing it to crash or be destroyed.
- The goods having been tampered or augmented with other mechanical or electrical parts.
- The ownership of the goods has been transferred from the Client to another person.
VII. Product Changes
A. Motur Electric Vehicle PH and its authorized dealers and agents reserve the right to make changes in in any part of the mechanical and electrical goods manufactured and/or sold by them at any time without incurring any obligation to make the same or similar changes on any part of the mechanical and electrical goods previously manufactured and/or sold by them.
VIII. Defective Goods
A. Without prejudice to Section IV herein, any claim by the Client which is based on any defect in the quality or condition of the goods on delivery or their failure to correspond with specification shall (whether or not delivery is refused by the Client) be notified to MOTUR within 60 days or two months from the date of collection of the goods or the date of refusal of delivery as the case may be or (where the defect or failure is not apparent upon reasonable inspection) within a reasonable time after the discovery of the defect or failure. If delivery is not refused, and the Client does not notify MOTUR as above the Client shall be deemed to have accepted the goods in standard quality and good condition.
B. MOTUR is not liable for any damages or defects in the goods if the Client has notified MOTUR outside the warranty period of 60 days.
C. If the Client is a person engaged in the trading of goods, the goods are sold on the understanding of “SEEN, TRIED AND APPROVED” and MOTUR shall have no liability whatsoever.