Terms and Conditions
This page contains Website Terms and Conditions and Terms and Conditions of Sale – New Vehicles
Website Terms and Conditions
This page sets out the Terms and Conditions under which the Elemental Motor Company Ltd, permits the use of this website (‘our site’) and the content and links therein.
The term ‘Elemental’ or ‘us’ or ‘we’ or ‘our’ refers to the owner of the website, Elemental Motor Company Ltd, a company whose registered office is Mount Manor House, 16 The Mount, Guildford GU2 4HN, and registered in England and Wales – No.08311591. The term ‘you’ refers to the user or viewer of our site.
We may from time to time, and without notice, amend the content of these terms and conditions, the amended terms and conditions will be published here.
Licence to use our website
Our site is provided to supply information to you about The Elemental Motor Company, our cars and our activities. The information contained herein is for your general information and use only. It is subject to change without notice.
You may view, download and print pages from our site for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You are not permitted to:
- republish material from our site (including republication on another website);
- redistribute material from our site, except for content specifically and expressly made available for redistribution.
- reproduce, duplicate, copy or otherwise exploit material from our site for a commercial purpose;
- sell, rent or sub-license material from our site;
- display any material from our site in public;
All rights reserved. Any text, images, graphics, sound files, animation files, video files, and their arrangement on this website are subject to copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other sites. This site may also contain images that are subject to third-party copyright.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
If you wish to make any use of material on our site other than that set out above, please address your request to firstname.lastname@example.org. We reserve the right to withdraw any permissions without notice.
Any links to other sites and resources provided by third parties are provided for your information only. We have no control over the nature, content and availability of any third party websites. The inclusion of links does not necessarily imply a recommendation or endorse the views expressed within them and we bear no responsibility for the content of any linked websites.
You must not misuse our site by knowingly introducing viruses, trojans, worms, key loggers or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
You access our site and download material from it at your own risk and Elemental will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material.
If, as a member of the Elemental Owners forum, you have been provided with the means to access privileged content in our site, we request that you:
- Keep any login or passwords that you have been supplied with secret and do not disclose to any third parties.
- Do not give access to, nor divulge the content of, any page of our site that is not freely available in the public domain, (ie. those for which your login and password are required to access).
- Express yourself in any blog or forum in a temperate and polite manner and refrain from abusive, racist or misogynistic language.
We reserve the right to disable any user access if, in our opinion, you have failed to comply with these provisions.
Limitations of Liability
Every effort is made to keep the website up and running smoothly. However, Elemental takes no responsibility for, and will not be liable for, the website being unavailable for any reason.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, completeness or suitability of the information found on our website for any particular purpose. You acknowledge that such information may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information on our site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information presented on our site meet your specific requirements.
In no event will we be liable for any loss or damage including without limitation any liability for: loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time, indirect or consequential loss or damage, or any loss or damage however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, in connection with, the use of this website.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under English law.
Law and Jurisdiction
These Terms and Conditions, and any claims arising from your use of our site, shall be governed by, construed and enforced in accordance with the laws of England and Wales and users of our site agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
If any provision of this website disclaimer is, or is found to be, unenforceable under English law, that will not affect the enforceability of the other provisions of this website disclaimer.
TERMS AND CONDITIONS OF SALE–NEW VEHICLES
These terms and conditions shall apply to the sale of new vehicles by Elemental Motor Company Ltd (EMC) and are incorporated into all contracts for the sale of vehicles in addition to the terms shown in the Vehicle Order. In these terms and conditions “Vehicle” refers to the vehicle sold by EMC as shown in the Vehicle Order.
2.1 The customer shall take delivery of the Vehicle upon being informed by EMC that the Vehicle is ready for delivery and upon payment of the purchase price.
2.2 Delivery shall be completed when the Vehicle is handed to the customer or its authorised agent, at the premises of EMC (excepting when the customer has specified an alternative delivery address and paid the cost of delivery to that address) and upon taking delivery, the risk in the Vehicle shall pass to the customer.
2.3 Any estimated date of delivery communicated to the customer by EMC, is an approximate date only and the actual delivery date may vary. EMC will make every effort to keep the customer informed of any schedule changes.
2.4 EMC and the customer expressly agree that time is not of the essence and, in the event that EMC is unable to deliver the Vehicle on the date estimated for delivery, the customer shall not have the right to cancel the contract of sale, nor shall EMC be liable for any loss or damages which the customer may suffer as a result of the actual delivery date being later than the estimated date.
2.5 EMC shall be entitled to suspend the delivery of the Vehicle if the customer is in breach of any terms and conditions relating to this contract of sale. In the unlikely event that EMC are obliged by such circumstances to cancel the order, the deposit will be returned to the customer, less any costs reasonably incurred by EMC in the preparation or execution of the Vehicle Order.
2.6 The customer is requested to ensure the contact details they have provided in the Vehicle Order remain current. EMC will advise the customer in advance of production commencing, with total build time usually around 4 weeks.
2.7 Due to a constant programme of improvement to the EMC range, EMC do not guarantee that any particular model, variant of trim or other option will be available when build is due to commence. We reserve the right to change specifications, availability and price without notice, but will always notify the customer of any changes and will endeavour to accommodate the customer’s requirements.
- Purchase Price
3.1 The purchase price of the Vehicle will not be the price stated in the Vehicle Order, but will be the actual purchase price as finally determined in accordance with the provisions of the Vehicle Order and as reflected in the Vehicle Tax Invoice, together with any Vehicle Excise Duty, delivery fees, and other necessary disbursements agreed upon between EMC and the customer.
- Payment and Ownership
4.1 The customer shall pay the purchase price of the Vehicle to EMC upon being informed that the Vehicle is ready for delivery and prior to the delivery of the Vehicle, as envisaged in paragraphs 2 and 3 above.
4.2 Payment by means of any credit card or debit card is not accepted as payment for a new Vehicle, or part thereof.
4.3 If EMC accepts a cheque or other instrument in respect of payment of the purchase price or the payment is transferred electronically, EMC shall be entitled to retain possession of the Vehicle until such cheque or instrument is honoured or the electronically transferred funds are cleared for use by EMC.
4.4 Notwithstanding any provision to the contrary contained herein, the parties specifically agree that ownership in the Vehicle shall not pass to the customer upon delivery of the Vehicle, but shall remain vested in EMC until the purchase price of the Vehicle has actually been paid in full.
4.5 If the customer has had prior dealings with EMC, it is hereby specifically agreed that any payment made to EMC may first be applied in reduction of earlier debts in the chronological order of the accrual dates of such amounts.
4.6 Should the customer fail to make payment of the purchase price as envisaged herein, EMC shall be entitled to charge interest on the balance of the purchase price, after taking into account any deposit or option fee paid by the customer, calculated from the due date of such balance to the date of payment, at a rate which is two percent above the prime rate charged by the bankers of EMC.
4.7 EMC and the customer expressly agree that any interest accrued by virtue of the provisions of paragraph 4.6 above, may be set off against any deposit, or fee paid by the customer to EMC.
4.8 The Vehicle Order is not transferable, though extraordinary cases will be considered on their individual merits.
5.1. Each new Vehicle sold by EMC is covered by the warranty conditions and warranty periods specified below: 5.1.1. Claims asserted by the customer on account of manufacturing defects shall be barred by limitation twelve months after delivery of the Vehicle, except where such claims pertains to the Vehicle drivetrain or paintwork.
5.1.2. Claims asserted by the customer on account of defects in the engine and gearbox shall be barred by limitation on the earlier of twelve months after delivery of the Vehicle or the Vehicle having been driven for 10,000 miles.
5.1.3. Claims asserted by the customer on account of defects in the Vehicle drivetrain or paintwork shall be barred by limitation two years after delivery.
5.1.4. clauses 5.1.1 to 5.1.3 do not apply to Vehicles and/or parts which are intended for competitive racing and are not permitted for use on normal public highways.
5.2. Defects are to be remedied in accordance with the following provisions: 5.2.1. The customer may assert claims to have defects remedied by EMC or by other companies recognised by EMC for the servicing of the Vehicle. Where claims are reported orally, written confirmation of the claim is to be submitted by the customer within 7 days thereafter.
5.2.2. If the Vehicle is no longer operational on account of a defect, the customer shall contact that company recognised by EMC for the servicing of the object that is nearest to location of the Vehicle and is willing and able to provide the requisite purpose.
5.2.3. Removed parts become the property of EMC.
5.2.4. Any claim shall be remedied by repair or replacement at the discretion of the EMC.
5.2.5. Until the Vehicle becomes barred by limitation, the customer may assert claims relating to defects on the basis of the contract of purchase with regard to parts that have been fitted to remedy defects.
5.3. Changes in ownership of the Vehicle do not affect the right to assert claims for defects to be remedied.
5.4. The customer is referred to the Owner’s Manual relating to the Vehicle, which is provided with the Vehicle, and will maintain and service the Vehicle in accordance with the instructions given within that Owner’s Manual.
5.5. Exclusion of warranty and liability. Claims are not valid if the defect or damage is caused:
5.5.1. by using the Vehicle for purposes other than those for which is intended or subjecting it to repeated abuse or extreme stresses, e.g. in motor sports competitions and off road driving, or
5.5.2. by any impact or collision, or
5.5.3. by the Vehicle not having been repaired, maintained, or serviced by a company not recognised in this capacity by EMC, or
5.5.4. by the Vehicle having been fitted with parts not authorised by EMC, or
5.5.5. by the Vehicle having been modified in a manner which is not authorised by EMC, or
5.5.6. by the customer having failed to follow EMC’s instructions with regard to the treatment, maintenance and care of the Vehicle.
5.6. The cost of test, measurement and adjustment work relating to damage not covered by warranty will be borne by the customer.
5.7. Ageing and natural wear and tear, including degradation of service items described in the Driver’s Manual, are not defects and are therefore excluded from warranty cover.
5.8. The conditions of the warranty listed in this clause 5 do not affect the statutory rights of the customer.
- Limitation of liability of EMC
6.1 EMC shall not be liable to the Customer whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of goodwill, profit, revenue or anticipated savings or for any loss that is an indirect or secondary consequence of any act or omission of EMC or any agent of EMC.
6.3 The provisions of paragraph 6.1 do not affect the statutory rights of the customer under the Sale of Goods Act 1979.
If either party:
7.1 commits a breach of any of these terms and conditions; or
7.2 being a natural person, dies or is provisionally or finally sequestrated or made bankrupt or surrenders his estate; or
7.2 being a partnership, is dissolved; or
7.3 being a company, is placed under administration or provisional or final order of liquidation or judicial management; or
7.4 compromises or attempts to compromise generally with its creditors
the aggrieved party may cancel this agreement immediately by giving the defaulting party written notice to that effect, without prejudice to any other rights the aggrieved party may have as a result of such breach or cancellation.
If the customer is the defaulting party, EMC shall, in addition to any other rights it may have in law as a result of such breach or cancellation, be entitled to apply any amounts paid by the customer to EMC in reduction of any damages which EMC may suffer as a consequence of any such default by the customer.
8.1 Each party may give notice to the other for any purpose arising from this contract as follows:
8.1.1 EMC : Building 1 Glidden Lane, Hambledon, Hants PO7 4SD UK
8.1.2 The Customer : The address reflected on the New Vehicle Order and/or Vehicle Tax Invoice
8.2 Any notice or communication required or permitted to be given in terms of this agreement shall be valid and effective only if in writing.
8.3 Any party may by written notice to the other party change its chosen address to another physical address, provided that the change shall become effective on the fourteenth day after the receipt of the notice by the addressee.
8.4 Any notice to a party contained in a correctly addressed envelope and sent by pre-paid registered post to it at its chosen address, shall be deemed to have been received on the 7th business day after posting.
8.5 Notwithstanding anything to the contrary herein contained, written notice or communication actually received by one of the parties from the other, shall be an adequate written notice or communication to such party, notwithstanding that it was not sent or delivered in accordance with this clause 8.
- Whole Agreement
9.1 This agreement constitutes the whole agreement between the parties as to the subject matter hereof and no agreements, representations or warranties between the parties, other than those set out herein, are binding on the parties.
9.2 No addition to, variation or amendment of, consensual cancellation or novation of this agreement and no waiver of any right arising from this agreement or its breach or termination, shall be of any force or effect unless reduced to writing and signed by both parties or their duly authorised representatives.
- Variation and Waiver
No latitude, extension of time or other indulgence which may be given or allowed by either party to the other in respect of performance of any obligation hereunder or the enforcement of any right arising from this agreement, and no single or partial exercise of any right by any party shall operate as a waiver or novation or otherwise affect any of that party’s rights in terms of or arising from this agreement, or prevent such party from enforcing at any time and without notice, strict and punctual compliance with each and every provision hereof.
- Governing Law
This agreement shall be governed by, construed and enforced in accordance with the laws of England and Wales and both parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
12.1 The clause headings are for convenience only and shall be disregarded in construing this agreement.
12.2 Unless inconsistent with the context, an expression which denotes:
12.2.1 any gender includes the other genders;
12.2.2 a natural person includes an artificial person and the other way round;
12.2.3 the singular includes the plural and the other way round.
12.3 The abbreviation EMC is used to mean Elemental Motor Company Ltd within this contract for the purposes of brevity and clarity. This meaning is limited to the confines of this contract and the use of these three letters bears no relation to any other person or company or institution that might use this abbreviation.
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