TERMS & CONDITIONS SUBSCRIPTION
The following definitions and rules of interpretation apply
in these Terms.
means a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
means these Terms.
means the person or business named on the Order Form with whom the Supplier has agreed to supply Goods and/or supply
“Force Majeure Event”
means the hardware specified in the Order Form.
means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in
designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply
for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
means the completed order form for the Hardware and/or supply of Services, as annexed to these Terms.
means the software specified in the Order Form.
means DGB Mobility Limited registered in England and Wales with company number 13466062, trading as Ottr.
2. Basis of CONTRACT
2.2 The Order Form is an offer by the Customer to subscribe
to the Hardware and/or Services and/or licence the Software in accordance with these Terms.
2.4 Any drawings, descriptive matter or advertising issued by the Supplier and any descriptions or illustrations contained in the
Supplier's website, catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Goods and/or Services referred to in them.
They shall not form part of the Contract nor have any contractual force.
2.5 These Terms apply to the Contract to the exclusion of any other terms which are implied by law, trade custom, practice or course of dealing.
2.6 Any quotation given by the Supplier shall not constitute an offer and is only valid for a period of 30 days from its date of
2.5 These Terms apply to the Contract to the exclusion of
any other terms which are implied by law, trade custom, practice or course of
2.6 Any quotation given by the Supplier shall not constitute
an offer and is only valid for a period of 30 days from its date of issue.
2.7 All of these Terms shall apply to subscription to the
Hardware, supply of Services and the licence of the Software except where
application to one or the other is specified.
3. ORDERS AND SPECIFICATIONS
3.1 The quantity, quality and description of the Hardware or
Services and any specification for them shall be as set out in the Order Form.
3.2 The Supplier reserves the right to amend any
specification in the Order Form if required by any applicable statutory or
regulatory requirements, and the Supplier shall notify the Customer in any such
4. SUBSCRIPTION CHARGES
4.1 The Customer shall pay to the Supplier a refundable deposit to set up the contract. The
Customer shall pay the subscription fees at the times and in the amounts
specified in Schedule 1. Payment shall be due without previous demand or
invoice and shall be made so as to be received by the Supplier in cleared funds
on the due date or the next Business Day in the event the due date is not a
business day. All payments must be made on time. The Agreement may be
terminated by the Supplier in the event any payment due is not made within 14
days. Interest on later payments will be charged at 10% per annum.
4.2 In the event that payment is unsuccessful the Customer
will be emailed and notified via the mobile application that the Supplier will make a further attempt to collect payment 24 hours from the first attempt. Where payment cannot be taken on the second attempt the Hardware will shut down and will not be reactivated until
payment is completed. Shut down will only occur when the vehicle is stationary and in the event of non-payment of subscription or a vehicle safety issue. The vehicle remains the responsibility of the Customer until the Supplier recovers the vehicle, within a 5-hour period. Recovery of the vehicle will incur a £25.00 fee which will be deducted from the Customer deposit.
5. DELIVERY OF GOODS
5.1 The Supplier shall deliver the Hardware to the
location set out in the Order Form. (“Location”).
In the event the Customer requests an alternative delivery, the Supplier reserves the right to charge a fee of £25.
5.3 The Supplier shall provide the Customer with a user session on delivery to ensure that the Customer is made aware of all
features and safety requirements of the moped. It is the Customer’s responsibility to ensure they fully understand the operation of the vehicle prior to commencing
6.1.2 be free from material defects in design, material and workmanship;
6.1.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
6.1.4 be fit for any purpose held out by the Supplier.
6.2.2 the Supplier is given a reasonable opportunity of examining such Hardware; and
6.2.3 the Customer (if asked to do so by the Supplier) returns such Hardware to the Supplier's place of business at the Customer's
cost, the Supplier shall, at its option, repair or replace the
6.3.2 the defect arises because the Customer failed to follow the Supplier's oral or written instructions as to the storage,
installation, commissioning, use or maintenance of the Hardware;
6.3.3 the Customer alters or repairs such Hardware without the written consent of the Supplier;
6.3.4 the defect arises as a result of wilful damage, negligence, or abnormal working conditions; or
6.3.5 the Hardware differs from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
6.5 These Terms shall apply to any repaired or replacement Hardware supplied by the Supplier.
8.2 The Supplier shall have the right to repair or have repaired any Hardware. which is the subject of damage. The
Customer Deposit will be used by the Supplier towards any excess. Costs incurred over and above the Deposit amount remain the responsibility of the Customer to settle with the Supplier or any third part engaged by the Supplier for these purposes. If the Supplier does not choose to do so, the Customer shall be liable to reinstate or repair at its own expense (but subject to any
insurance proceeds) Hardware which has not become a total loss.
8.3 In the event of total loss or damage which is beyond economic repair, where the Customer not covered by fully comprehensive insurance, the vehicle will be valued at the lesser of £1,300 or the current
depreciated value, as defined by the Supplier.
9.1.4 Download and install the Ottr Software application ("App"), comply with all prompts given by the App and advise the Supplier promptly of any issues arising with use of the App;
9.1.7 ensure that the Hardware is kept and operated in a suitable environment, used only for the purposes for which it is designed,
and operated in a proper manner in accordance with any operating instructions;
9.1.10 not, without the prior written consent of the
Supplier, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Hardware or allow the creation of any mortgage, charge, lien or other security interest in
respect of it; and, in which event the Supplier reserves the right to charge a fee for collection.
10.1 In the event of a vehicle breakdown or incident the Supplier commits to provide rider rescue within 50 miles of the NG1 4BU area. Within this area the
Customer will be taken to their home location. Outside this area the Supplier provides this service at their discretion additional costs may be imposed.
In the event the vehicle key is lost or stolen, the Customer must inform the Supplier immediately. A charge of £50 will be deducted
from the Customer deposit for recovery. Where a new key barrel is required, the Customer subscription will continue without pause.
In the event of vehicle breakdown, the decision
as to whether the warranty applies or the issue is caused by wear and tear or misuse, is at the discretion of the Supplier. Where the Supplier decides misuse
was the cause, the Supplier reserves the right to terminate the contract immediately.
Where misuse applies, replacement Hardware will
not be provided, and the Customer will be obliged to await repair. The Customer
deposit will be used towards repair and the Customer will be offered the option
of reinstating the deposit and recommencing the subscription, with replacement
Hardware then provided within 5 business days, or terminating the contract.
In the event the Customer disagrees with a
Supplier decision relating to misuse or negligence, the Customer may appeal the
decision in writing within 5 Business days.
Supply of Services
Additional Services may be requested at the
Service of the Hardware shall be carried out by
one of the Supplier’s suitably qualified and duly authorised representatives (“Representative”) attending at the Location at such times during the hours of 9.00 am to 5.00 pm
(“Business Hours”) on a Business Day as may be agreed in advance between the Supplier and the Customer from time to time.
The Supplier warrants to the Customer that the
Services will be provided using reasonable care and skill.
transportation or relocation of the Hardware not
performed by or on behalf of the Supplier;
any error or omission relating to the operation
of the Hardware;
any modification, adjustment or repair to the Hardware
made by a third party without the written consent of the Supplier;
the neglect or misuse of the Hardware by the
any other cause (except fair wear and tear)
which is not due to the neglect or default of the Supplier.
12. Intellectual property rights
12.1 All Intellectual Property Rights in or arising out of or in connection with the Services and the Software shall be owned by the Supplier.The Customer shall have no rights in or to the Software othe than the right to use it in accordance with the terms of the licence pursuant to the Contract.
The Supplier will use Customer Personal Data as
set out in the Supplier Privacy Notice, which can be accessed at https://www.rideottr.com/privacy-policy
The Hardware provides the Supplier with real
time feeds detailing the driver, speed, general diagnostics and location of the
Hardware. The Supplier reserves the right to utilise this information in
assessing misuse or negligence in the event of a breakdown or incident.
14.1 All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality and/or adequacy are excluded to the fullest extent permitted by law.
14.2 Nothing in this Contract shall exclude or limit the liability of the Supplier for fraud, death or personal injury due to the Supplier’s negligence, not exclude any other type of liability which it is not permitted to exclude or limit as a matter of law.
14.3 The Supplier shall have no liability to the Customer to the extent that the Customer is covered by any policy of insurance arranged as a result of this Contract and the Customer shall ensure that the Customer’s insurers waive any and all rights of subrogation they may have against the Supplier.
15.1 Provided the Customer is not in default with any of its
obligations under this Agreement, the Customer shall be entitled to terminate
this agreement by giving 10 business days’ notice in writing to the Supplier or
opting not to auto renew in the case of a quarterly payment and returning the
hardware in good repair and condition.
15.2 The Supplier may terminate the agreement in the event:
15.2.1 misuse occurs;
15.2.2 The Customer fails to pay any subscription charges or
other sums payable under this Agreement in full within 14 days after the
payments become due;
15.2.3 The Customer commits a breach of any other terms and
conditions of this Agreement and (if capable of being remedied) fails to remedy
such breach within 14 days of notification from the Supplier; the Customer does
or causes to be done or permits or suffers any act or thing whereby the
Supplier’s rights in the Hardware are prejudiced or put in jeopardy.
15.3 Upon termination of this Agreement in accordance with
clause 15.2 the Customer shall;
15.3.1 no longer be in possession of the Hardware with the
consent of the Supplier and shall at the Customer’s expense in good working
order and condition and if the Customer shall fail to return or redeliver the
Hardware within a reasonable time of being requested so to do by the Supplier,
the Supplier may forthwith without notice take possession of the Hardware and
for this purpose shall be entitled to enter into and upon any premises occupied
by or under the control of the Customer;
15.3.2 be solely responsible for ensuring the safe-keeping,
supervision and custody of the Hardware until it is returned or repossessed by
15.3.3 without prejudice to the Supplier’s rights to claim
damages become immediately liable to pay to the Supplier an amount comprising
the aggregate of:
220.127.116.11 all arrears with interest;
18.104.22.168 any costs and expenses incurred by the Supplier;
22.214.171.124 all and any other sums due under this Agreement.
The Supplier shall not be in breach of the Contract or
otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from events, circumstances or causes beyond
its reasonable control (a “Force Majeure Event”). The time for
performance of such obligations shall be extended accordingly. If the period of delay or non-performance continues for three weeks, the party not affected may
terminate the Contract by giving five Business Days' written notice to the affected party. Without limiting the foregoing, the following shall be regarded as caused beyond the Supplier’s reasonable control: Act of God,
explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any
governmental, parliamentary or local authority; pandemic or epidemic; import or
export regulations or embargoes; strikes, lock-outs or other industrial actions
or trade disputes (whether involving employees of the Supplier or of a third
party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.
Where the Customer has complaints or queries, it
may contact the Supplier on email@example.com or 0115 7788103.
and other dealings
The Customer may not without the prior written consent of the Supplier assign, transfer, or charge or purport to assign,
transfer or charge this Agreement or its rights hereunder or lend out the Hardware to any person.
The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.