1. Definitions
In these Terms and Conditions the following words shall have the following meanings:
1.1 "Company" means Junior Series Collections Limited (or the legal entity trading as Junior Series Collections).
1.2 "Customer" means any individual, company, partnership, organisation or other legal entity purchasing Goods from the Company.
1.3 "Contract" means the agreement between the Company and the Customer for the sale and supply of Goods incorporating these Terms and Conditions.
1.4 "Goods" means any vehicle, component, accessory, spare part, merchandise, service, restoration work, customisation work or related products supplied by the Company.
1.5 "Order" means a Customer's order for Goods accepted by the Company.
1.6 "Vehicle" means any drivable vehicle manufactured, assembled, restored or supplied by the Company.
1.7 "Intellectual Property Rights" means all patents, trademarks, registered and unregistered designs, copyright, know-how, trade secrets and all other intellectual property rights existing anywhere in the world.
1.8 "Working Day" means any day other than a Saturday, Sunday or public holiday in England and Wales.
2. General
2.1 These Terms and Conditions apply to all sales and supplies of Goods by the Company.
2.2 No variation of these Terms shall be effective unless agreed in writing by an authorised representative of the Company.
2.3 Any quotation issued by the Company is an invitation to treat and shall not constitute a contractual offer.
2.4 Acceptance of an Order shall occur when the Company issues a written order confirmation.
2.5 The Company reserves the right to refuse any Order at its discretion.
3. Orders and Specifications
3.1 Vehicles supplied by the Company may be bespoke, handcrafted and manufactured to individual Customer specifications.
3.2 The Customer shall be responsible for ensuring the accuracy of all information, specifications and requirements provided.
3.3 The Company reserves the right to make reasonable modifications to designs, materials, components and specifications where necessary due to manufacturing requirements, supplier availability, safety considerations or product improvements.
3.4 Any images, drawings, brochures, marketing materials or website content are illustrative only and may not represent the exact final product.
4. Price and Payment
4.1 Prices shall be those stated in the Company's quotation or order confirmation.
4.2 Unless otherwise agreed in writing, all prices are exclusive of delivery, taxes, duties and registration costs.
4.3 A deposit may be required before production commences.
4.4 Production shall not commence until the required deposit has cleared.
4.5 Final payment must be received in cleared funds prior to delivery or collection.
4.6 The Company reserves the right to charge interest on overdue sums at 4% per annum above the Bank of England base rate.
4.7 Deposits for bespoke or custom-built vehicles are non-refundable except where required by law.
5. Delivery
5.1 Any delivery date provided by the Company is an estimate only.
5.2 Time for delivery shall not be of the essence.
5.3 The Company shall not be liable for delays arising from: supply chain issues; material shortages; transport disruptions; acts of God; customer-requested changes; or events beyond the Company's reasonable control.
5.4 Delivery shall be deemed complete upon: physical handover to the Customer; collection by the Customer; or delivery to the Customer's nominated address.
5.5 Risk in the Goods shall pass in accordance with Clause 6.
6. Title and Risk
6.1 Risk in the Goods passes to the Customer upon delivery or collection.
6.2 Ownership of the Goods shall not pass until the Company has received payment in full for all sums due.
6.3 Until title passes, the Customer shall keep the Goods insured and in good condition.
7. Inspection and Acceptance
7.1 The Customer shall inspect the Goods upon delivery.
7.2 Any visible defects, shortages or transport damage must be reported within 7 Working Days of delivery.
7.3 Failure to notify the Company within that period shall constitute acceptance of the Goods, except in relation to latent manufacturing defects covered by warranty.
8. Vehicle Use and Safety
8.1 The Company's Vehicles are specialist recreational vehicles and are not intended for unrestricted public highway use unless specifically stated in writing.
8.2 The Customer is solely responsible for ensuring compliance with: local laws; registration requirements; licensing requirements; insurance obligations; and operating regulations.
8.3 The Company makes no representation that a Vehicle may be legally driven on public roads in any jurisdiction unless expressly confirmed in writing.
8.4 Vehicles should only be operated: by competent users; under suitable supervision where appropriate; on suitable terrain; and in accordance with operating instructions supplied by the Company.
8.5 The Customer acknowledges that operation of any motor vehicle involves inherent risks.
9. Warranty
9.1 Subject to the provisions of these Terms, the Company warrants that new Vehicles shall be free from defects in materials and workmanship for a period of 12 months from delivery.
9.2 The warranty applies only to defects arising from normal intended use.
9.3 The warranty does not cover: accident damage; misuse; neglect; improper storage; unauthorised modifications; competition use; wear and tear; batteries; tyres; brake consumables; or cosmetic deterioration.
9.4 The Company's liability under warranty shall be limited to repair, replacement or refund at its sole discretion.
9.5 Warranty claims must be notified promptly and supported by photographs and supporting information where requested.
10. Limitation of Liability
10.1 Nothing in these Terms shall exclude liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any liability that cannot lawfully be excluded.
10.2 Subject to Clause 10.1, the Company's total liability arising under or in connection with any Contract shall not exceed the purchase price paid by the Customer.
10.3 The Company shall not be liable for: loss of profits; loss of revenue; loss of business; loss of opportunity; loss of goodwill; or any indirect or consequential losses.
11. Intellectual Property
11.1 All Intellectual Property Rights in the design, manufacture and appearance of the Goods remain the exclusive property of the Company.
11.2 No Intellectual Property Rights are transferred to the Customer except the right to use the purchased Goods.
11.3 The Customer shall not reproduce, copy, manufacture or commission replicas of the Company's products without written consent.
12. Photography and Marketing
12.1 The Company may photograph completed vehicles before delivery.
12.2 Unless otherwise agreed in writing, the Company may use such photographs for promotional, marketing and portfolio purposes.
13. Cancellation
13.1 Orders for bespoke or made-to-order Vehicles may not be cancelled once production has commenced.
13.2 Where cancellation is accepted, the Company may retain deposits and recover costs already incurred.
13.3 Consumer Customers retain any statutory cancellation rights that cannot legally be excluded.
14. Force Majeure
The Company shall not be liable for any delay or failure to perform its obligations resulting from events beyond its reasonable control, including: acts of God; flood; fire; war; terrorism; epidemic or pandemic; industrial disputes; transport disruption; or supplier failure.
15. Notices
Any notice under these Terms shall be given in writing by email, recorded delivery post or personal delivery. Notice shall be deemed received on the next Working Day following transmission or delivery.
16. Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
17. Waiver
No delay or failure by the Company to enforce any provision shall constitute a waiver of that provision or any other rights.
18. Entire Agreement
These Terms constitute the entire agreement between the parties and supersede all previous discussions, negotiations and agreements relating to the subject matter.
19. Governing Law and Jurisdiction
These Terms and any dispute arising out of or in connection with them shall be governed by the laws of England and Wales. The parties submit to the exclusive jurisdiction of the courts of England and Wales.
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