Terms of service

Service & Goods – Conditions of Sale

The ‘Company’ means Nv Motorcycles Limited. ‘Services” means the work agreed by the Customer at time of the Company taking possession of the Customer’s property.

  1. Price: All prices given by the Company to the Customer shall constitute an estimate and not a quotation. All Customers are entitled to receive estimates from the Company and a Customer choosing not to receive an estimate does so at its own risk and agrees to pay the Company the reasonable costs for the Services and/or Goods. Should any dispute exist as to what would constitute the reasonable costs under the circumstances, the Customer will pay such costs pending resolution of the Dispute and will not be relieved from accumulating storage costs pending resolution of such Dispute. Estimates are given subject to the Customer's acceptance that costs may fluctuate in accordance with the actual costs of Goods provided and Services rendered.
  2. Deposits: A deposit of 50% may be payable before commencement of Services or ordering of Goods from suppliers.

  3. Collection, Storage & Lien: The Customer will be notified upon completion of Services (via the telephone, SMS Text, or email address provided by the Customer to the Company) and will collect the property as soon as possible, but within 7 days of such notification. The Company will be entitled to charge $10 per day storage fee for uncollected property after such 7 days and uncollected property may be sold after two months of the Company taking possession. The Customer acknowledges that its property will always be subject to the Company’s lien, which will only be extinguished upon receipt of full payment by the Company, including third party costs incurred by the Company on behalf of the Customer. The Customer consents to a lien in favour of the Company arising from unpaid storage costs and third-party costs.

  4. Payment: Payment is due in full upon completion of Services and/or delivery of Goods (unless prior agreement has been made in writing with the Company before commencement of Services or supply of Goods).

  5. Possession: Possession of the Customer's property is taken by the Company strictly subject to the provisions of this agreement. The Company does not assume or accept any risk until the Customer's property is delivered to the Company's regular business premises and any collection and/or delivery of the Customer's property at any place other than such premises is done entirely at the Customer's risk. The Customer authorises the Company to transport its property from one place to another as may reasonably be required or necessary, including for purposes of testing, diagnostics or transfer to and/or from any third party. Any transportation of the Customer's property is undertaken strictly subject to it being done at the Customer's risk and under waiver of any/all claims arising therefrom, except if the Company is grossly negligent. Although all reasonable care will be taken with the Customer's property in the Company's possession, the Company shall not be liable for any loss or damages suffered by the Customer due to theft, fire or any other cause. Possession will only be returned to the Customer upon full payment being received by the Company and allowing the Customer to inspect or test the property does not constitute giving possession.

  6. Delivery of Goods: Any charges for handling (including packing materials) and freight charges for Goods are extra, and payable by the Customer. The Company will endeavour to use the most cost-effective freight method unless specified by the Customer, and the Company is not responsible for damage to the Goods in transit. Claims for losses or damage to Goods in transit must be made directly to the transport agency concerned.

  7. Warranty: The Company gives no warranty on any product or service beyond that offered by the manufacturer or supplier.

  8. Liability: The Company will not accept responsibility for any damage resulting from Goods being fitted by a person without necessary qualifications or being adapted for a use for which they are not intended. Necessary qualifications may include being trained by the original manufacturer or supplier where required by the terms of that company’s warranty.

  9. Returns: Goods purchased from the Company by the original Customer may be returned to the Company for a refund subject to the following conditions:
    1. The Goods must be received by the Company with a copy of the original invoice within 7 days of original invoice date
    2. The Goods must be unused, undamaged, in their original packaging, and in a resale-able condition
    3. Any refund will have a 10% handling and re-stocking charge deducted.
    4. Original freight and handling charges are not refundable
    5. Goods ordered on indent for the Customer’s behalf from suppliers are not returnable.

  10. Non-payment: In the event of default by the Customer in paying for the Services and/or Goods provided, the amount outstanding will be passed on to a debt collection agency for recovery. The Customer indemnifies the Company against all costs (including legal costs), losses and expenses incurred by the Company in recovering any unpaid monies.

  11. Consumer Guarantee Act: All conditions of sale are to be read and construed subject to the Consumer Guarantees Act 1993 (‘The Act’).  The Act shall prevail where any terms conflict with or inconsistent with any provision of The Act, provided that The Act does not apply to any goods or service acquired for a Customer’s business purposes.