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LIMITED WARRANTY

Tomcat SNI Ltd, a UK Limited Company with registered office located at Unit 13.7, The Gloucester Business Park, Hucclecote Glos, GL34AA warrants that the equipment and equipment parts manufactured by Seller (the “Product”) and sold or provided to the first end user (“BUYER”) are produced according to usual practices, customs, standards, specifications and tolerances of trade prevailing in the country of origin at the time of production and shall, subject to the limitations and exclusions set forth below, be free from defects in design, material, and workmanship.

1. USE, PAYMENT AND MAINTENANCE REQUIREMENTS

This Limited Warranty applies only if:

(1) The Product is used properly and is operated in accordance with the SELLER’s instructions and manuals as furnished to BUYER at the time of purchase;

(2) The person filing the warranty claim is the first end user of the Product; and

(3) Buyer complies with all other sections of this Limited Warranty.

2. PROCEDURE FOR OBTAINING WARRANTY SERVICE

The procedure described in this Section 2 shall hereinafter be referred to as the “Warranty Claim Procedures.” For the Limited Warranty to apply, BUYER must completely fill out and deliver to the SELLER a warranty claim fully describing the alleged defects or failures of the Product and original proof of purchase within the Warranty Periods (defined in Section 4) and within fifteen
(15) days of the date BUYER discovered the alleged defect. Notwithstanding the foregoing, in the event that SELLER determines, in its sole discretion, that BUYER reasonably should have discovered the alleged defect before its actual discovery, this Limited Warranty shall not apply.

In order to determine whether the Limited Warranty should apply, BUYER shall provide any information to SELLER, including photographs where applicable, via telephone, email or any other appropriate means of communication. In the event the defect is covered by the Limited Warranty, SELLER may, at its sole option, require that the defective Product be shipped to the address provided by SELLER with mailing or shipping charges prepaid. BUYER shall pay all expenses associated with returning the Product to SELLER, including, without limitation, the costs of shipment, import taxes, duties and tariffs if applicable. BUYER shall return the Product, including its accessories and documents, to SELLER in its original packaging.

3. WARRANTY SERVICES PROVIDED

If the Product is proved to SELLER’s satisfaction to be defective, within the Warranty Periods (defined in Section 4), SELLER’s obligations under this Limited Warranty shall be limited to either repairing or replacing the Product, or refunding the purchase price when appropriate, at SELLER’s sole discretion, and only if such defect was caused solely by defective design, workmanship and/or

materials. Such repair, replacement or refund shall be SELLER’s sole obligation and BUYER’s exclusive remedy hereunder, and shall be conditioned upon BUYER’s fulfilling its obligations under SELLER’s Warranty Claim Procedures.

4. WARRANTY PERIODS

This Limited Warranty of the Product applies for:

– two (2) years for any physical good as from the date said physical good is sold or donated to the first end user,
– five (5) years for any frame product, excluding any attachments, as from the date said frame product is sold or donated to the first end user,
(the “Warranty Periods”).

The Warranty Periods shall not be tolled for any reason. No action by SELLER or BUYER shall operate to extend or revive this Limited Warranty without the prior written consent of SELLER.

5. EXCLUSIONS FROM WARRANTY

The following is not included under this Limited Warranty:

(1) Scratches, dents, marks or other visible surface wear on the Product, unless SELLER is notified as soon as the Product is received by the BUYER;

(2) Normal wear and tear from everyday use;

(3) Wear parts, including but not limited to straps, belts, buckles, cushion covers, soft foam and fabrics, tyres and tubes.

(4) Misuse, abuse or loss by the BUYER;

(5) Theft of the Product by any third party;

(6) Physical damage to the Product as a result of tampering, mishandling, neglect, modification or repair without the approval of SELLER, unreasonable use and/or negligence of the BUYER whether foreseeable by SELLER or not;

(7) Items, equipment, goods, products, components, and parts not sold by SELLER;

(8) Damage to Product caused by the carrier during shipping;

(9) Deterioration resulting from age, storage, weathering, lack of use;

(10) Continued Product use after an alleged defect is discovered or should reasonably have been discovered;

(11) The cost of returning the Product under this Limited Warranty; and

(12) Damage to Product caused by fire, storm or other acts of God.

SELLER expressly reserves the right to inspect the Product and its components, parts, and BUYER’s use, maintenance, and any other activity or inactivity of the BUYER, when determining whether an alleged Product defect is covered by the Limited Warranty.

6. LIMITATIONS ON WARRANTY; DISCLAIMER OF WARRANTIES

This Limited Warranty is provided by SELLER, and it contains the only express warranty provided to BUYER by SELLER. SELLER does not authorize any other person, including distributors, to give any other warranties on SELLER’s behalf.

SELLER DISCLAIMS ANY EXPRESS WARRANTY NOT PROVIDED HEREIN AND ANY IMPLIED WARRANTY, GUARANTY OR REPRESENTATION AS TO PERFORMANCE, QUALITY AND ABSENCE OF HIDDEN DEFECTS, AND ANY REMEDY FOR BREACH OF WARRANTY OR CONTRACT, WHICH BUT FOR THIS PROVISION, MIGHT ARISE BY IMPLICATION, OPERATION OF LAW, CUSTOM OF TRADE OR COURSE OF DEALING, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Implied warranties in jurisdictions where they may not be disclaimed shall be in effect only for the duration of the express warranty set forth herein.

If BUYER has a claim under this Limited Warranty or under any implied warranties provided to BUYER by state law, BUYER may not file a court action based on that claim any later than one (1) year after BUYER’s right to file a court action accrues. In those countries which do not allow this limitation on the time period for filing a court action, this provision is inapplicable.

7. SELLER’S LIMITATION OF LIABILITY

SELLER’s liability with respect to the Product sold to BUYER shall be limited to the warranty provided herein. SELLER SHALL NOT BE SUBJECT TO ANY OTHER OBLIGATIONS OR LIABILITIES, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES OF LAW, WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY SELLER, OR ANY UNDERTAKING, ACTS OR OMISSIONS RELATING THERETO.

Without limiting the foregoing, SELLER SPECIFICALLY DISCLAIMS ANY LIABILITY FOR PROPERTY OR PERSONAL INJURY DAMAGES, PENALTIES, SPECIAL OR PUNITIVE DAMAGES, DAMAGES FOR LOST PROFITS OR REVENUES, SERVICES, DOWN TIME, SHUT DOWN OR SLOW DOWN COSTS, OR FOR ANY OTHER TYPES OF ECONOMIC LOSS, AND FOR CLAIMS OF BUYER’S CUSTOMERS OR ANY THIRD

PARTY FOR ANY SUCH DAMAGES. SELLER SHALL NOT BE LIABLE FOR AND DISCLAIMS ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER. THE SELLER’S TOTAL LIABILITY ARISING IN CONNECTION WITH THE PRODUCT SHALL BE LIMITED TO THE VALUE OF THE PRODUCT SOLD TO BUYER.

The SELLER’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution, or otherwise, arising in connection with the performance or contemplated performance of the contract between SELLER and BUYER shall be limited to the price paid for the Products.

8. GOVERNING LAW; JURISDICTION

This Limited Warranty is governed by the laws of the United Kingdom, without reference to conflict of laws principles. In the event of a dispute arising from or relating to this Limited Warranty, which is not resolved by negotiation between the parties, the parties hereby agree to personal exclusive jurisdiction of the United Kingdom courts.

9. MISCELLANEOUS

Any description of the Product, whether in writing or made orally by SELLER or SELLER’s agents, specifications, samples, models, bulletins, drawings, diagrams or similar materials used in connection with BUYER’s order, are for the sole purpose of identifying the Product and shall not be construed as an express warranty. Any suggestions by SELLER or SELLER’s agents regarding use, application, or suitability of the Product shall not be construed as an express warranty unless confirmed in writing by SELLER to be such.

We pride ourselves on innovation and protect our intellectual property with patents.

The following patents and patent applications cover aspects of Tomcat SNI Ltd’s trike technology which are unique.
Self Centralising Steering
GB patent application number: 1807603.4 GB

Frame separation and control function interfaces
GB patent application number: 1905636.5 GB

Quick Release Wheels.
GB patent application number: 1906651.3 GB

If you require further information about any of the above patents please contact our design and innovation team on 01452 616 900 and ask to speak to the Chief Engineer.

When the Tomcat trike arrived in 1997 it had the Carer Control, Two Piece Frame, Custom Build and lightweight construction that everyone wanted, but those features obviously cost more, therefore, in the absence of a “like for like” machine, the myth grew that a Tomcat was expensive.

However, value is not always about cost and even though the ticket price might have been higher, funders soon realised that it was better to pay a little extra for something that was going to be loved and used rather than wasting money on a dust collector.

Service too, is a factor for something as crucial and specialised as a special needs trike. After all, it is a therapy tool so the stakes are very high. It was service that led the chief executive of a national charity to recently remark that “You are the best supplier we deal with – by some margin”.

Tomcat has never been tempted to manufacture abroad because custom building is about immediate response to special situations, but for years UK costs were higher. That is no longer the case and unless a process is very labour intensive, UK manufacture coupled with the Brexit effect upon the pound is very competitive, so we are pleased we kept to our UK only policy.

These days, you may well find that when you buy a custom-made Tomcat, you are paying less for the original technology than you are paying for an imported copy, so a Tomcat is tremendous value for money. How do you find out – well that’s quite simple! Always ask at least two companies to provide an assessment and make sure that one of those is Tomcat! Assessments are free, so what do you have to lose?

As a customising OEM, for quality management and insurance reasons we cannot use anything but new and traceable components in our products, therefore we do not allow old components or assemblies on site except under our passported Give and Take scheme. However, if you want to sell your old Tomcat or see it go to a new home, there are other ways we can help.

Tomcat trikes are generally considered the industry gold standard, therefore when a Tomcat in good condition comes up for sale (on Ebay for example), they command a very high second hand value – usually between 30% and 50% of its purchase price after 5 to 10 years and sometimes more.

If you do choose this route the guarantee expires with you, but we are happy to provide support, service, spares, advice and, where possible, customisation to the new owner because experience has taught us that they are our customers of the future. In a nutshell, a private sale with our support will realise a far higher return on your original investment than a buy back.

If you simply want to see your Tomcat go to a good home, take a look at our Give and Take scheme. In essence, we service your old Tomcat free of charge and pass it on for group use in schools, hospices or anywhere where many deserving children can benefit from your gift. The scheme is entirely free and passported so you know where your old Tomcat is benefiting those other children.

Standard cycle components such as bells and spokes are never made in Britain these days, however most Tomcat components are unique to the company and are cut from the raw material and made into Tomcat parts here in the UK. We make all our frames and custom components in our Gloucester workshops and every Tomcat product is assembled to order in our fitting shop.

Certain specialist processes or high volume precision components can only be provided by specialist firms, however, all are British and most are based locally in Gloucestershire.  This means you know that when you buy a Tomcat you are supporting British industries as diverse as model makers, founders, precision machinists, upholsterers, finishers, laser cutters and wheel builders to name but a few.

We are very proud to say that for fifteen years Tomcat has always had at least one engineering apprentice in training and the Tomcat product you buy is about as British as it gets.

It can take some time for a quote to turn to an order and in that time children can have growth spurts so we will ask you to measure your child again if your quote is more than three months old.

The most important measurement is the inside leg – but as that is inappropriate for an assessor to measure accurately, we ask the parent to take this measurement for us in a proscribed way that produces an accurate result.

Though easier to measure, height is of less importance than inside leg, however, because the human body normally grows in very strict proportion we are able to cross reference height with the inside leg to confirm that both are correct. If at the build stage we believe there may be an error, we will sometimes ask you to check both measurements again. With adults we usually only ask for height.

Usually yes! All Tomcats are serial numbered against the original owner and this number is on the frame – but even if the number is removed, as your Tomcat was custom built we can usually positively identify it from its colour and construction.  Over the years we have helped several customers get their property back through positive identification. That said, it is always wise to have your trike invisibly fingerprinted by the police.

The cord prevents the foot-shoes from turning over and striking the ground when the trike is being pushed without a rider. They serve no other purpose so it is perfectly safe to use the trike without the cord. Occasionally the cord will get entangled about the pedal or get caught in the UQR (Upper Quick Release) mechanism causing the cord to fray. To prevent this, ensure the cord is free of the pedals and routed under the UQR blade before setting off.

Possibly not. With mild conditions, the human body becomes more adaptable, therefore custom building becomes less important, but there are many other benefits to buying a Tomcat beside the custom building aspect.

We have built many thousands of trikes for disabled people so we know what works. Our customers on the other hand, may never have bought a trike before, so it’s sensible to have an expert opinion. However, being an expert comes with responsibilities so “buyer beware” has never been part of our vocabulary. If we get it wrong, we put it right free of charge – it’s as simple as that!

Try a Tomcat and you may find innovative features you’d love to have but can’t find anywhere else. Take a multi geared trike for example. These are always single frame machines because of gear and brake cables, but Tomcat have solved that problem with our make and break technology so you can take any multi-geared trike apart in the blink of an eye and transport it in a family car – it’s small but important features like this that make all the difference.

No, but it does mean that it will be perfect for the person or group for whom it was built. Lifespan is another important benefit of custom building. By custom building, a Tomcat frame will fit the rider perfectly with, on average, 4 to 5 years lifespan ahead.  An off the shelf product may start 1 or 2 years through its lifespan when delivered so custom building makes sense on many levels.

Custom building is about providing the very best machine for the customers needs, whatever they may be, and that often means providing the best machine for a group. For example, schools would want a machine with a broad usage range and quick adjustments throughout. They would naturally need different features at a school for the blind than a school for hoist users with cerebral palsy. Custom building is about providing the best solution for the customer, pure and simple.

• In all multiple carer environments (such as schools) there should be at least one supervisor trained by Tomcat in the full use of the trike. This training will always be given by Tomcat on delivery. The supervisor should thereafter disseminate their knowledge to each and every subsequent carer.
• If the supervisor changes, they should appoint and train a new supervisor in accordance with this document.
• All carers should have refresher training from time to time at the discretion of the supervisor.
• As a carer, you are responsible for the supervision and safety of not just the rider, but yourself and other third parties as well. You should not accept the supervision of a rider until you have been properly trained in the fitting and use the control arm and strap, and fully understand the content of this document.
• If at any time you feel you are not in control of the trike, or feel you may lose control at some point, you should immediately seek the advice of your supervisor.
• If the control handle is fitted, it must be held at all times by the carer. Never, under any circumstances, leave the Carer Control handle attached when using the Carer Braking strap or using the trike independently. This is a highly dangerous practice, particularly when small children are nearby.
• Follow the instruction for speed control if the rider has a tendency to suddenly, or forcefully accelerate.
• Remember that you have a responsibility to others as well as the person in your charge. They will have no reason to believe that anything dangerous is about to happen as you pass nearby, so slow, stop, or keep your distance when passing close to others.
• Whenever problems arise with the rider in your charge, or you are swapping between the control handle or strap, be sure to apply the brake.
• When it is necessary to assist an unpredictable rider, by pushing uphill for example, always do so with the backrest, never by the control handle as this is not designed to move heavy objects. If you are likely to encounter this difficulty, you must ask for the assistance of another carer, one to do the pushing and yourself to operate the brake in accordance with the instructions.

There are three modes of supervision available with Tomcat Trikes.

• Independent use, where the rider has the freedom to make choices about speed, direction (steering), braking and the safety of themselves and others. A rider should only be permitted to use the trike independently if, in the carer’s judgement, they have the skills to keep themselves and others safe at all times and in all circumstances.
• Carer Braking™, where the rider is wholly in control of the direction of the vehicle, but the supervising carer can, (when necessary), override their decisions regarding trike speed and braking and the safety of themselves and others. This is achieved with a brake mechanism, operated by tugging a strap that is held by the carer at all times when the trike is in use and mounted at the rear of the trike.  Also provided is a park brake for use by the carer only.
• Carer Control™, where the supervising carer has ultimate sanction over all functions of the trike including direction (steering), braking, speed and the safety of themselves and others. This is achieved with a detachable control arm, mounted at the rear of the trike, which also incorporates a brake.  By moving the control arm left and right, the trike will steer to left and right.  Pulling back on the control arm handle, at any time, will apply the brake.  Carer Control incorporates all the features of Carer Braking and can be converted to Carer Braking by removing the control arm and attaching the strap as with Carer Braking.   Also provided is a park brake for use by the carer only.

Both Carer Braking and Carer Control incorporate a “Speed Control” feature.  Though speed is essentially controlled by the application of either carer braking mechanism (Carer Braking or Carer Control), the system is much more than a simple brake and used correctly, will ensure that the speed of the trike never exceeds the walking speed of the carer, irrespective of the steepness of hills or the determination of the rider to accelerate away from the carer.

To control speed, all the carer needs to do is firmly hold the strap (in the case of Carer Braking) or the control handle (in the case of Carer Control).  Thereafter, when the trike accelerates away from the rider either through downhill slope or rider intention, the brake is automatically applied and slows the trike back to the carers walking speed.  In this manner, steepening of the slope or harder pedalling by the rider only serves to apply the brake even more and in this manner, the desired speed is automatically maintained.  With a little practice, this is a very safe and simple way to maintain a safe speed at all times.

The Tomcat Carer Control has a power multiplier feature that keeps the carer in control at all times.  If the rider pulls on the handlebars with 1kg of force it takes just 0.25kg of force for the carer to resist the directional change and in that way the carer stays in control at all times.

It is good practice to train the rider against erratic, over-forceful or unpredictable movements of the steering by stopping the trike when this occurs in order that the rider learns that disruptive behaviour results in the trike stopping.

When training cannot resolve the problem of the rider disrupting steering to the point of discomfort for the rider or danger to the rider, carer or other third parties, Tomcat should be consulted with a view to fitting its fixed handlebar system.  With this system the riders handlebars are permanently fixed and only the carer can steer.   Though not ideal from a “rider experience” or learning point of view, it does make the use of the trike comfortable and easy for the carer, and above all other considerations, “safe” for rider, carer and all third parties.

Of necessity, some trikes are either permanently fixed drive or can be switched to fixed drive.  If the rider is likely to suddenly and unpredictably reverse the trike by backpedalling, this can endanger the rider, carer and others, and must be discouraged by stopping the trike on each and every occasion.   However, applying the brakes when the trike is reversing fast can be easier said than done, therefore the following procedure should be adhered to at all times.

• Keep the control handle at arm’s length so that the brake can be applied quickly if necessary.
• Keep the strap under slight tension and hold it at arm’s length so that it can be applied quickly if necessary. Do not allow the strap to droop dramatically at any time.
• Stay out of the danger zone with unpredictable riders! Do not stand directly behind the trike at any time, instead, walk to the side so the trike will not run you over should it reverse suddenly.
• If you are left handed, walk to the right of the trike, if you are right handed, walk to the left of the trike.
• Never give the rider “their head” and run with the trike. It may be fun but it is never safe!  You must be in control in all circumstances and be able to take immediate action in unexpected circumstances.
• Unless you can pull backwards on the handle or strap you will not be able to apply the brake when the trike is reversing, so should you lose control and the trike begins to pass you in reverse, let go of the handle or strap and grab the backrest or handlebars instead.
• If the rider has a propensity to reverse pedal or develops this trait, this may be because of discomfort, poor setup or the need for adjustment. You should consult Tomcat for more advice.

Tomcat Sni Ltd guarantees this product to be free of defects in material and workmanship from the date of original purchase for a period of 2 years.

Tomcat additionally guarantees the frame excluding its attachments for a period of 7 years.

Our obligation under this guarantee is limited to repair or replacement of the faulty item or the entire unit at our option, providing it has been properly maintained, has not been tampered with or repaired by unauthorised individuals and in the case of custom built products, has not been used by person(s) for whom it was not originally designed or intended.

This guarantee does not cover normal wear and tear, the cost of inconvenience, property damage, abuse, misuse accident or similar incident. Under these terms Tomcat SNI Ltd will bear the cost of replacement parts and labour charges but not transportation costs unless by prior agreement.  Call or write before returning goods under this guarantee.  Claims under this guarantee will only be considered following inspection by us or our appointed agent and before any  remedial work is undertaken.

This guarantee applies to the original purchaser only and does not pass to any third party through transfer of ownership or custody. By offering this guarantee Tomcat in no way seeks to diminish a consumer’s statutory rights.

Tomcat Sni Ltd
Unit 13/7 The Gloucester Business Park
Hucclecote
Gloucester

Customer safety has always been at the forefront of our design thinking, so it is only natural that we think safety-first for our visiting customers during the present crisis.
As the lockdown eases and the process of designing, building, and delivering our products returns, we want to invite our customers back to a Covid safe environment for both staff and visitors.

We are immensely proud to announce that we have just opened a new and spacious showroom adjacent our factory, with space to trial all the products both indoors and out.  Being private, the approach road to Tomcat is also very quiet for testing our high-performance road models.

On entry to the showroom, we have a sanitiser station for use by staff and visitors and our assessors wear face masks for your protection.   Each product is individually sanitized in the presence of the customer, immediately before use – however, because of the large area of clear material in the roof construction, all demo products are constantly bathed in long-wave UV light: a natural Covid-19 sanitizer.

There are two bathrooms within the showroom space which are serviced daily and after each use, and of course, we always practice – and ask our visitors to practice – safe distancing at all times.

That said, a visit to Tomcat remains what it has always been, a warm, friendly, welcoming event where hopes and dreams are made come true, not with a magic wand, but with design innovation, custom building and the very best customer service possible because our customers are our business.