This site is operated by Oden Partnership Limited, of  PO Box 811, St. Albans, Hertfordshire AL4 0XY, U.K. (“Oden Partnership”).

This site is operated by Oden Partnership Limited, of PO BOX 811, St. Albans, Hertfordshire AL4 0XY, U.K. (“Oden Partnership”).

By visiting or using this site and the Services provided, you hereby agree to and accept the following terms of use (the “Terms”):

1 Interpretation
1.1 In these Terms, the following definitions shall apply unless the context otherwise requires:

“BUYER” means the person who accepts the Seller’s written quotation for the sale of the Goods or whose order for the Goods is accepted by the Seller;

“GOODS” means the goods (including any installment of the goods or any parts for them) which the Seller is to supply in accordance with these Terms;

“SELLER” means Oden Partnership (registered in England and Wales under number 5226637);

“CONTRACT” means the contract for the sale and purchase of the Goods;

“TERMS” means the standard terms of sale set out in this document and (unless the context otherwise requires) includes any special terms agreed in Writing between the Buyer and the Seller;

1.2 A reference in these Terms to a provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

1.3 The headings in these Terms are for convenience only and shall not affect their interpretation.

2 Basis of the sale

2.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with the published rate displayed on this site, subject to these Terms, which shall govern the Contract to the exclusion of any other terms.

2.2 Oden Partnership reserve the right to amend these Terms and Conditions at any time and users are advised to check these Terms from time to time.

2.3 The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into the Contract the Buyer acknowledges that it does not rely on any such representations which are not so confirmed, but nothing in these Terms affects the liability of either party for fraudulent misrepresentation.

2.4 Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in Writing by the Seller is followed or acted upon entirely at the Buyer’s own risk, and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.

2.5 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued in Writing or on the web site by the Seller shall be subject to correction without any liability on the part of the Seller.

3 Orders and specifications

3.1 When placing orders, the Buyer will need to submit certain personal details, including your name and address.  This data will be used by us for completion of contract, to effect payment, to deliver the Goods and to enable us to provide you with an efficient after-sales service.  We will not pass your name and address to any third parties without your prior written consent.  Such details will be stored on a computer according to the terms of the Data Protection Act 1984.

3.2 The Seller reserves the right to refuse to supply goods. No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until a written quotation is given to the Buyer.

3.3 The quantity, quality and description of the Goods and any specification for them shall be as set out on the Site.

3.4 All Goods are subject to availability and may be withdrawn at any time.  The manufacturers reserve the right to alter the specification of their products without prior notification.  If your order cannot be fulfilled, you will be offered an alternative or given a full refund.

4 Price of the goods

4.1 The price of the Goods shall be the Seller’s quoted price displayed on the site. All prices quoted are valid [for 30 days only or] until acceptance by the Buyer, after which time they may be altered by the Seller without giving notice to the Buyer.

4.2 The Seller reserves the right, by giving Written notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.

4.3 Except as otherwise stated and unless otherwise agreed in writing between the Buyer and the Seller, and the Buyer shall be liable to pay the charges for delivery, packaging [and insurance].

5 Terms of payment

5.1 Subject to any special terms agreed in writing between the Buyer and the Seller, the Buyer shall make payment for the Goods via bank transfer into the Oden Partnership Ltd bank account. [Payment for half of the total price of the Goods, Shipment, Delivery and VAT (“First Invoice”) on acceptance of the quotation] The Seller shall invoice the Buyer for the remaining half of the Goods, Shipment, Delivery and VAT (“Second Invoice”) once Oden Partnership Ltd receive notification from the supplier of the (Bill of Loading Advice) stating the goods have been loaded to ship. The buyer, on notification of the (Bill of Loading Advice) must transfer the remaining monies via bank transfer into the Oden Partnership Ltd bank account within 5 working days of this notification. The time of payment of the price shall be of the essence of the Contract.

5.2 The Buyer shall pay the price of the Goods, Shipment, Delivery and VAT [by bank transfer] in full prior to shipment if sourced from our UK warehouse. The time of payment of the price shall be of the essence of the Contract.

5.3 If the Buyer fails to make any payment on the due date, or if payment does not clear, then, without limiting any other right or remedy available to the Seller, the Seller may cancel the contract or suspend any deliveries to the Buyer;

6 Delivery

6.1 The Buyer will be responsible for all delivery charges. The amount of such charges will depend on the Goods ordered and the delivery location.  A quote will be provided at the time of order.

6.2 Delivery of the Goods shall be made by the Seller delivering the Goods to the Buyer’s premises or some other place for delivery which is agreed by the Seller and the Buyer.

6.3 Please allow up to 28 days for delivery, unless otherwise agreed in writing.  Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Seller in writing. The Goods may be delivered by the Seller in advance of the quoted delivery date on giving reasonable notice to the Buyer.

6.4 By taking delivery of the Goods, the Buyer confirms they do so with full knowledge and understanding of the dangers and risks of operating the Goods (such as quad bikes, dirt bikes, powered scooters etc).  Oden Partnership recommends that adequate personal safety equipment is worn and that all operators of such Goods should seek professional instruction prior to their use.

6.5 The Buyer undertakes, prior to operation, to read and understand the safety rules and advice offered in the manufacturer's handbook provided and hereby takes full responsibility for the utilisation of the Goods, entirely at their own risk.

6.6 The Buyer undertakes to ensure that proper adult supervision of minors operating the Goods is provided at all times.

[6.7 If the Buyer fails to take delivery of the Goods [or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault)] then, without limiting any other right or remedy available to the Seller, the Seller may:

          6.7.1 Store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or

          6.7.2 [return the Goods to the Supplier and charge the Buyer for the reasonable costs of return; or]

          6.7.3 Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.]

7 Title, Risk and property

7.1 All Goods shall remain the property of Oden Partnership until payment is made and received in full.

7.2 Risk of damage to or loss of the Goods shall pass to the Buyer:

          7.2.1 in the case of Goods to be delivered at the Seller’s premises, at the time when the Seller notifies the Buyer that the Goods are ready for delivery; or

          7.2.2 in the case of Goods to be delivered otherwise than at the Seller’s premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.

7.3 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Terms, the property in the Goods shall not pass to the Buyer until the Seller has received in cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.

8 Warranty

8.1 Subject to the following provisions the Seller provides no warranties regarding the Goods. However, the manufacturer provides a limited warranty on all Goods, covering all major components, including Engine, Gearbox, Frame, Running Gear and Electrical Components.  Items not covered by the warranty include Wheels, Tyres, Inner Tubes, Brake Linings, Clutch Shoes, Brake Pads, Brake Drums, Brake Discs, Drive Chains, Bulbs, Fuses, Batteries, Body Panels and Seats.

8.2 The warranty duration is 30 days from date of delivery.

8.3 The above warranty is given subject to the following conditions:

          8.3.1 the Seller shall be under no liability in respect of any defect arising from fair wear and tear, willful damage, damage caused by accidents or neglect, poor maintenance or repair, abnormal use or competitive racing or used commercially or rented or abuse, or problems resulting from improper use or failure to follow the Seller’s instructions (whether oral or in Writing), misuse or alteration or repair of the Goods without the Seller’s approval; and

8.3.2 The warranty will be invalidated if the customer fails to follow the maintenance schedule or operating instructions outlined in the Manufacturer's Handbook.

8.4 All goods are provided with a return-to-base warranty.  It is the Buyer's responsibility to ensure the safe return of the goods for repair and at the Buyer's expense. Goods must be returned in their original packaging.

8.5 If the goods are returned to Oden Partnership during the warranty period and where Oden Partnership determines that necessary repairs are covered under the warranty, Oden Partnership will return the goods to the customer at Oden Partnership’s expense. Where, upon inspection, Oden Partnership Ltd determines that part(s) are defective; Oden Partnership will repair or replace the part(s) at no cost to the customer.

8.6 Where Oden Partnership assess that necessary repairs are covered under the terms of the warranty, they will take reasonable endeavors to effect repairs within 28 days of receiving the goods for repair. However, repair times shall not be of the essence.

8.7 Should Oden Partnership determine a product is not liable for repair under the warranty, Oden Partnership will submit a quotation for repair to the Buyer before commencing repair and will only commence a repair upon prior written authorisation from the Buyer.

8.8 Upon the Buyer reporting a fault covered under the warranty, should Oden Partnership determine the nature of the part required to remedy the fault, Oden Partnership, in agreement with the customer, may supply replacement part(s) for the customer or customer's agent to affect a repair.  [In these circumstances Oden Partnership will supply replacement part(s), free of charge, to the customer.  However, it will be the customer's responsibility and risk to ensure that replacement part(s) are fitted correctly and the costs of fitting such parts will be entirely at the customer's expense.]

[8.9 Oden Partnership reserves the right to ask for suspected defective part(s) to be returned, at the customer's expense, for inspection prior to replacement part(s) being dispatched.]

9 Liability

9.1 Except in respect of death or personal injury caused by the Seller’s negligence, or liability for defective products under the Consumer Protection Act 1987, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods (including any delay in supplying or any failure to supply the Goods in accordance with the Contract or at all) or their use or resale by the Buyer, and the entire liability of the Seller under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Terms.

9.2 The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in delivering the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without limiting the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control: Acts of God, explosion, flood, tempest, fire or accident; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock‑outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party); or difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.

10 Liability regarding use of site

10.1 Oden Partnership accepts no liability in contract, tort or otherwise including negligence for:

- Inability to gain access to the website as a result of routine or emergency maintenance on the system or excessive demand for the website;

- Loss of data including both data transmitted and other data held by you

- Delay or failure in transmitting or receiving material

- indirect or consequential losses whatsoever arising out of or in connection with the use or performance of software, documents, provision of or failure to provide the website, or information available from the website, including loss of revenue, business, anticipated savings or profits.

10.2 Oden Partnership does not warrant that this site will be uninterrupted, error free or that any information or other material accessible from this website is free of viruses or other harmful components, and you are advised to make your own checks in this regard.

11 Disclaimer

11.1 Information on this site is posted in good faith and updated regularly, but Oden Partnership cannot guarantee its completeness or accuracy.

11.2 Oden Partnership does not accept any liability to you or any third party for any error or omission on this site. Oden Partnership reserves the right to change, update or delete any information on this site without prior notice by posting such changes here.

11.3 Oden Partnership does not make any representation about the suitability of information, products and services on this site for any purpose. You assume all responsibility and risk for use of this site.

12 Right of Cancellation

12.1 Without limiting any other right or remedy available, the Buyer shall be entitled to cancel the contract within [seven] days of order date if the order is from the manufacturer in China. Without limiting any other right or remedy available, the Buyer shall be entitled to cancel the contract within [seven] days of order date if the order is to be satisfied by our UK warehouse providing the Goods are unused, in original condition and complete with all packaging.  We will provide a full refund on the Goods less any carriage charges.

12.2 Any claims for damage, non-functionality and mis-shipping must be received by us, in writing, within seven days of receipt.

12.3 The Buyer is responsible for ensuring safe delivery of any returned items and at the Buyer's expense. Oden Partnership reserves the right to apply a 10% administrative charge to all refunds.  Delivery charges will not be refunded.

12.4 If payment is not made or does not clear, then the Seller may cancel the Contract and suspend any further deliveries under the Contract without any liability to the Seller.

[13 Export terms]

13.1 Where the Goods are supplied for export from the United Kingdom, the provisions of this clause 11 shall (subject to any special terms agreed in Writing between the Buyer and the Seller) apply notwithstanding any other provision of these Terms.

13.2 The Buyer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them.

13.3 The Buyer shall be responsible for arranging for testing and inspection of the Goods on delivery. The Seller shall have no liability for any claim in respect of any defect in the Goods which would be apparent on inspection or in respect of any damage during transit.

14 Intellectual Property

14.1 The Oden Partnership name, logos and all related product and service names, design marks and slogans are the trademarks or service marks of Oden Partnership Ltd.

14.2 The copyright in all the material on this site rests with Oden Partnership. Your access to the material does not give you a licence to reproduce, distribute or otherwise use this material, [apart from downloading it onto one computer for your personal use only].

15 [Links to Third Party Sites]

15.1 The links on this site will let you leave Oden Partnership's site. The linked sites are not under the control of Oden Partnership and Oden Partnership is not responsible for the contents of any linked site, or any changes or updates to such sites. Oden Partnership is not responsible for any form of transmission received from any linked site. [Oden Partnership is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Oden Partnership of the site.]

16 General

16.1 A notice required or permitted to be given by either party to the other under these Terms shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

16.2 No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.

16.3 If any provision of the Contract is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected.

16.4 Any dispute arising under or in connection with the Contract or the sale of the Goods shall be referred to arbitration by a single arbitrator appointed by agreement or failing agreement between the parties within 30 days after a request for a reference is made by any party, appointed on the application of any party by the London Court of International Arbitration.

16.5 The Contract shall be governed by the laws of England, and the Buyer agrees to submit to the exclusive jurisdiction of the English courts.

16.6 These Terms and Conditions do not affect the customer's statutory rights.

Copyright Notice

Copyright © 2004 Oden Partnership Limited, PO BOX 811, St. Albans, Hertfordshire AL4 0XY, U.K. All rights reserved.