Exact cycle Limited

terms and conditions

 

Definitions

In these terms, unless the context otherwise requires, the following expressions have the following meanings:

“Agreement” means this Agreement comprising of these Terms.
“Inspection” means the inspection and assessment of the bicycle that You have instructed Us to carry out and other related services and the “Inspector” is the examiner undertaking the Inspection.
“Report” means the written report or certificate produced by Us as part of the Inspection. “Terms” means these terms to which the Inspection and other related services is subject.
“We/Our/Us” means Exact Cycle Limited. Registered in England No 10497021. Registered Office: 19 Beech Road, Thame, Oxfordshire, OX9 2AN.
“You” means the Exact Cycle customer who books an Exact Cycle bicycle inspection (which may consist of a: Basic, Safety, Elite, or Elite mobile assessment / inspection.

These Terms and Conditions should be read in conjunction with the Inspection You have purchased.

 

The assessment

We will carry out a visual, external inspection of Your bicycle and provide a Report of Our findings to You.

The number of checks we perform will depend on the make and model, and the type of Inspection You have booked.

 

Our Obligations

Our staff and contractors will:
– Use reasonable care and skill when providing the bicycle Inspection service.

– Carry out the Inspection within a reasonable time of receiving your booking and payment. Any dates discussed with You for the carrying out of the bicycle Inspection and production of our Report will be estimated dates only and not a guarantee of such dates.

– Provide You with the Report by email. On rare occasions an email can get delayed, missed or sent to a junk folder, therefore You are responsible for taking any steps necessary to ensure the receipt of Our email and checking your junk folder. On request, we will provide You with a hard copy of the Report by first class post. We shall not be liable for any delay in delivery of the Report resulting from matters beyond our control, including postal strike, delays or loss of the Report by third parties. In the event that You have not received your Report You must notify Us as soon as possible in order that we can resend this to You.

 

Your obligations

  • Co-operate fully with Us and provide all information reasonably required.
  • Present the bicycle in an un-laden, reasonably clean, roadworthy and rideable condition at the address provided at the time of the booking.
  • Ensure that there is made available to Us all facilities reasonably required by us to perform the Inspection, in particular that the bicycle is located on a hard level surface (not on a public highway) so that We can walk around the bicycle.
  • Obtain all necessary permissions, licenses and consents (such as notifying and agreeing with the vendor the date and location of Our visit) that may be required to enable Us to perform the Inspection, the cost of which (if any) shall be your sole responsibility.

Failure to meet these obligations may mean that the Inspection cannot be carried out in full or in part on the date booked and We reserve the right to charge the full fee.

 

Limitations & exclusions of the assessment and certificate

Latent Defects

We do not analyse, dismantle or remove any part or component or mechanism from the bicycle when carrying out the Inspection and therefore We do not accept liability for defects which arise in any part of the bicycle which is not included in the Inspection, or not reasonably apparent or capable of identification at the time of Inspection, nor for latent defects which are later discovered, nor for defects which arise after the Inspection if they were not reasonably detectable at the time the Inspection was carried out.

A lack of defect in any part of the bicycle at the time of the Inspection does not constitute a warranty or guarantee of durability in any part of the bicycle, nor is it a guarantee against defects arising in the future.

We cannot accept liability for defects not reasonably apparent in bicycles which are over 4 years old or have been subject to abnormal use which is not apparent during Our Inspection and is not drawn to Our attention. You accept that such bicycles are more prone than usual to latent defects.

Brakes

The Inspection is not a substitute for regular maintenance.

Diagnostics

We are unable to provide any diagnostics of onboard electrical equipment.

Photos

We have the option to include up to 6 photos of the bicycle. These are not a guarentee

Restrictions

An Inspection can only be provided during daylight hours in good weather conditions. Poor weather conditions or visibility may mean the Inspection is restricted. The quality of image of any photos may be limited by inspection conditions or the environment. Images will only be captured where this adds value to the Report and shall be at the discretion of the Inspector.

Due to the visual nature of Our Inspection, it may not be possible to carry out all checks in all cases. Items which are not reasonably accessible will not be inspected. In such circumstances We will be under no obligation to inspect and/or report on the part/item in question and will mark the relevant section of the Report accordingly.

In the event that We are unable to carry out any element of the Inspection due to circumstances beyond Our reasonable control or because You have not carried out your obligations above, We will not refund any part of the Inspection fee. Provided that where We have been unable to carry out the entire Inspection and We reasonably consider, at Our sole discretion, that this was due to no fault on your part, We may offer to carry out the Inspection on an alternative date at no additional cost.

 

Specific Exclusions

Your Assessment does not include:

  • Stress or weight tests on any part of the bicycle.
  • The inspection of the internal fittings or the workings of the roof hatch of a campervan.
  • The inspection of optional extras such as bells, and other such accessories.
  • Confirm any manufacturer specific model specifications.
  • Check post build additions or modifications and aftermarket fitment of auxiliary items and systems.
  • Fully check the detailed operation of various bicycle technical systems and confirm that these systems are functioning fully to the manufacturers design specifications. For any system an Inspector is unable to confirm the detailed operation of, only an overall view and opinion on the general performance will be provided.

The assessment will not:

  • Cover any area or component where the use of diagnostic equipment is required for inspection.
  • Give any guarantee of that all or any of the components of the bicycle are original components, or replacement components that have been manufactured by the manufacturer of the bicycle.
  • Guarantee authenticity of the bicycle purchase or service Documents.

other

We do not undertake to provide Expert Statements/ reports in contemplation of litigation. The Report that We prepare is for your use only and cannot be relied upon by or transferred to a third party. We consequently have no liability to any third party for the contents of the Report. You agree that You will make no representation to the contrary and that You will advise third parties accordingly. Your Inspection does not replace manufacturer or other servicing or maintenance requirements or any legal checks. Your bicycle will not be checked for compliance with any legislation. We reserve the right not to carry out or to continue with a bicycle Inspection if anyone behaves in a threatening or abusive way to Our staff or contractors, or if the bicycle is situated in an unsafe or unsuitable position. In these circumstances, You will not be entitled to any refund.

 

price and payment

Payment for the Inspection must be made in full either by Debit Card or Credit Card at the time of booking the Inspection with Us. We shall send You a booking confirmation with a copy of these Terms for your reference. You agree that, save as provided for in these Terms, the payment for the Inspection is non-refundable. You agree to pay Us for the Inspection irrespective of any dispute or claim You may have with or against any third party.

 

Cancelation

You may cancel the Inspection up to 12pm on the working day before the Inspection. In the event cancellation is not received before 12pm of the working day before the Inspection is scheduled then the full cost of the Inspection will be due and You will not be entitled to any refund. If you have ordered a car passport as an add-on, we will be unable to refund the cost of the Passport as we will run the Passport at the time of booking. If You wish to cancel, or for other enquiries, please telephone Exact Cycle Bicycle Inspections on 07891247540 during the following hours: – 8am–8pm Monday-Tuesday, – 8am–6pm Wednesday-Friday, – 9am–5pm Saturday, or – 10am–4pm Sunday. Please note we are not open on Bank Holidays. To ensure service quality, telephone calls to and from Us may be monitored and recorded.

 

Privacy

All personal information supplied by You as part of the booking process will be protected and used in accordance with the terms of Our Privacy Policy.

 

queries or complaints

If You are dissatisfied with any aspect of your Inspection or the services provided to You by Us, please bring your complaint to Our attention as soon as possible. If You have any dispute or query with Our Report, You agree to offer Us the right to re-inspect the bicycle (at Our own expense) before You undertake any repair or rectification work on the bicycle. You agree not to remove any parts from, or carry out any repairs to the bicycle prior to Our re-inspection. We will not, under any circumstances, be responsible for the cost of any repairs carried out without Our previous agreement in writing. We will write to You with a report of Our findings once We have concluded Our investigations into your complaint. This does not affect your statutory rights to take legal action or exercise any other legal remedy. Complaints should be made Via email to support@exactcycle.co.uk

 

limitation of Liability

We will only be responsible for any loss, damage or injury caused by Our negligent act or omission or wilful misconduct. Except in respect of injury or death of any person, Our maximum aggregate liability to You shall not exceed Our charge to You for carrying out the Inspection. Under no circumstances shall We be liable to You for loss of profits or other indirect or consequential loss arising from negligence or breach of contract. For the avoidance of doubt nothing in these Terms shall affect your statutory rights as a consumer.

 

Force majeure

We will not be liable for any delay or failure to carry out the Inspection service if We are prevented from doing so in circumstances beyond Our reasonable control including, without limitation, legal restrictions which prevent us attending the bicycle, industrial dispute, or severe weather conditions. In such circumstances We shall be entitled to a reasonable extension of time for the performance of the Inspection.

 

Variations

We reserve the right to vary these Terms from time to time without notifying You.

severablity

If any provision of this Agreement is held by any court or other competent authority to be void or unenforceable in whole or part, the validity of the remainder of the Agreement shall not be affected.

 

governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and shall be construed in accordance with the laws of England and Wales