Terms and Conditions of Sale of Motor Vehicles
Nothing herein contained is intended to affect, nor will it affect, a consumer's statutory rights under the Sale of Good Act 1979 or the Unfair Contract Terms Act 1977.
"Seller" - the person who is the vendor of the services an or goods to the customer
"Purchaser" - the person contracting for goods and services to be supplied by the Seller
1. This order and any allowance in respect of a used motor vehicle offered by the Purchaser are subject to acceptance and confirmation in writing by the Seller.
2. any accessories fitted as new to the vehicle will be entitle to the benefit of any warranty given by the manufacturers of those accessories.
3. (a) The Seller will endeavour to secure delivery of the goods by the estimated delivery date (if any) but does not guarantee the time of delivery and shall not be liable for any damages or claims of any kind in respect of delay in delivery. (The seller shall not be obliged to fulfil order in the sequence in which they are placed)
(b) If the Seller shall fail to deliver the goods with 21 days of the estimated date of delivery stated in this contract the Purchaser may by notice in writing to the Seller require delivery of the goods within 7 days of receipt of such notice. If the goods shall not be delivered to the Purchaser within the said 7 days the contract may be cancelled.
4. If the contract be cancelled under the provisions of clause 3 hereof the deposit shall be returned to the Purchaser and the Seller shall be under no further liability.
5. If the Purchaser shall fail to take and pay for the goods within 14 days of notification that the goods have been completed for delivery, the Seller shall be at liberty to treat the contract as repudiated by the Purchaser and thereupon the deposit shall be forfeited without prejudice to the Seller's right to recover from the Purchase by way of damages, any loss or expense which the Seller may suffer or incur by reason of the Purchaser's default.
6. The goods shall remain the property of the Seller until the price has been discharged in full. A cheque given by the Purchaser in payment shall not be treated as a discharge until the same has been cleared.
7. Where the Seller agrees to allow part of the price of the goods to be discharged by the Purchaser delivering a used motor vehicle to the Seller, such allowance is hereby agreed to be given and received and such used vehicle is hereby agreed to be delivered and accepted, as part of the sale and purchase of the goods and upon the following further conditions:
(a) (1) that such used vehicle is the absolute property of the Purchaser and is free from all encumbrances;
or (2) that such used vehicle us the subject of a hire purchase agreement or other encumbrance capable of cash settlement by the Seller, in which case the allowance shall be reduced by the amount required to be paid by the Seller in settlement thereof;
(b) that if the Seller examined the said used vehicle prior to his confirmation and acceptance of this order, the said used vehicle shall be delivered to him in the same condition as at the date of such examination (fair wear and tear excepted);
(c) that such used vehicle shall be delivered to the Seller on or before delivery of the goods to be supplied by him hereunder, and the property in the said used vehicle shall thereupon pass to the Seller absolutely;
(d) that without prejudice to (c) above such used vehicle shall be delivered to the Seller within 14 days of notification to the Purchaser that the goods to be supplied by the Seller have been completed for delivery;
(e) that if the good to be delivered by the Seller through no default on the the part of the Seller shall not be delivered to the Purchaser within 30 days after the date of this order or the estimated delivery date, where that is later, the allowance on the said used vehicle shall be subject to reduction by an amount not exceeding 2.5% for each completed period of 30 days from the date of the expiry of the first mentioned 30 days, to the date of delivery to the Purchaser of the goods.
8. In the event of the non-fulfilment of any of the foregoing conditions, other than (e) the Seller shall be discharged form any obligation to accept the said used vehicle or to make any allowance in respect thereof, and the Purchaser shall discharge in cash the full price of the goods to be supplied by the Seller.
9. Notwithstanding the provisions of the agreement the Purchaser shall be at liberty before the expiry of 7 days after notification to him that the goods have been completed for delivery to arrange for a finance company to purchase the goods from the Seller at the price payable hereunder. Upon the purchase of the goods by such finance company, the preceding clauses of this agreement shall cease to have effect, but any used vehicle for which an allowance was thereunder agreed to be made to the Purchaser shall be bought by the Seller at a price equal to such allowance, upon the conditions set forth in clause 7 above (save that in (c), (d) and (e) thereof all reference to "delivery" or "delivered" in relation to "the goods" shall be construed as meaning delivery or delivered by the Seller to or to the order of the finance company) and the Seller shall be accountable to the finance company on behalf of the Purchaser for the said price and any deposit paid by him under this agreement.
10. If the goods to be supplied by the Seller are new, the following provisions shall have effect:
(a) This agreement and the delivery of the goods shall be subject to any terms and conditions which the Manufacturer or Concessionaire may from time to time lawfully attach to the supply of goods or the re-sale of goods by the Seller and the Seller shall not be liable for any failure to deliver the goods occasioned bu his inability to obtain them from the Manufacturer or Concessionaire or by his compliance with such terms and conditions. A copy of the Terms and Conditions currently so attached by the Manufacturer or Concessionaire may be inspected at the Seller's office;
(b) The Seller undertakes that he will ensure that the pre-delivery work specified by the Manufacturer or Concessionaire is performed and that he will use his best endeavors to obtain for the Purchaser from the Manufacturer or Concessionaire the benefit of any warranty or guarantee given by him to the Seller or to the Purchaser in respect of the goods and save in the case of consumer sales (as defined by the Sale of Goods (Implied Terms) Act 1979) all statements conditions or warranties as to the quality of goods or their fitness for any particular purpose whether express or implied by law or otherwise are hereby expressly excluded;
(c) The sum payable by the purchase in respect thereof shall be such sum as the Seller has legally had to pay in respect of the goods and notwithstanding also the sum for Value Added Tax specified in the order, the sum payable by the Purchaser in respect thereof shall be such a sum as the Seller becomes legally liable for at the time the taxable supply occurs;
(d) If after the date of the order and before delivery of the goods to the Purchaser the Manufacturer's or Concessionaire's recommended price for any of the goods shall be altered, the Seller shall give notice of any such alteration to the Purchaser and
(1) In the event of the Manufacturer's or Concessionaire's recommended price for the goods being increased the amount of such increase which the Seller intends to pass to the Purchaser shall be notified to the Purchaser. The Purchaser shall have the right to cancel the contract within 14 days of the receipt of such notice. If the Purchaser does not give such notice as aforesaid the increase in price shall be added to and become part of the contract price;
(2) In the event of the recommended price being reduced the amount of such reduction, if any, which the Seller intends to allow to the Purchaser shall be notified to the Purchaser. If the amount allowed is not the same as the reduction of the recommended price the Purchaser shall have the right to cancel the contract within 14 days of the receipt of such notice;
(e) In the even of the Manufacturer of the goods described in the order ceasing to make goods of that type, the Seller may (whether the estimated delivery date has arrived or not) by notice in writing to the Purchaser, cancel the contract.
11. (a) If a used vehicle us supplied as roadworthy at the date of delivery and, in the case of consumer sales (as defined by the Supply of Goods (Implied Terms) Act 1979);
(1) Is sold subject to any conditions or warranties that are implied by the Sale of Goods Act 1979 or any amending statue;
(2) Prior to signing an order form the Purchaser shall examine the vehicle and the items set out in the Purchaser's Certificate of Examination and the Purchaser is reminded that the condition to merchantable quality implied by Section 14(2) of the Sale of Goods Act 1979 does not operate in relation to such defects which that examination ought to reveal. Should the goods be sold also subject to defects notified by the dealer to the Purchaser before signing the agreement, the condition of merchantable quality above referred to does not operate in relation to those defects
(b) Save in the case of consumer sales (as defined) all statements, conditions or warranties as to the quality of the goods or their fitness for any purpose whether expressed or implied by law or otherwise are hereby expressly excluded.
Terms and Conditions for Servicing, Repairs and supply of Parts
"The Company" - the person who is the vendor of the services an or goods to the customer
"The Customer" - the person contracting for goods and services to be supplied by The Company
"Consumer" - a Customer being an individual who, for the purposes of the purchase, is acting wholly or mainly outside of their trade, business, craft or posession
"Goods" - means all things to be sold by The Company to The Customer
"Services" - means all services including repairs, proved by The Company to The Customer
1. Whole Contract. These terms shall represent the whole contract between The Company and The Consumer. They may be varied only by written agreements between the parties.
2. Interpretation. The singular shall include the plural and the male shall include the female or business entity as may be appropriate.
3. Enforceability. In the even of any one or more of these terms and conditions being declared unenforceable, the remaining terms and conditions shall nonetheless remain in full force and effect.
4. Estimate (a) Unless specifically agreed in writing, all work is agreed on an estimate basis;
(b) Unless specifically agreed in writing, time for completion of any work is not essential;
(c) Any estimate is based on the costs of labour and material relevant at this date and The Company reserves the right to alter the charges to meet any variations , whether due to increase in wages (controlled by national agreements), materials or increased cost from any other cause outside of The Company's reasonable control;
(d) Should any additional work or materials be found necessary in the course of these repairs or subsequent testing, it will be necessary to make an extra charge. Where this addition work involves a substantial increase in the amount estimated, a supplementary estimate will be submitted to The Customer for acceptance.
5. Paintwork. Where new paintwork is required and the metal work is found to be rusted, every reasonable precaution will be take to prevent this penetrating through after completion of painting, but no guarantee can be given in this respect. If partial paintwork only is required every endeavour will be made to match the existing colour schemes, but no guarantee can be given of a perfect color match.
6. Good Supplied (a) Where the service include the provision of goods, The Company reserved the right to impose a handling charge on goods returned for credit (which have been correctly supplied to order);
(b) All 'Special Orders' correctly supplied and of satisfactory quality will not be accepted for credit. Goods supplied that are of satisfactory quality will not be accepted for credit more than 7 working days from the date of issue of an invoice;
(c) Worn units will only be accepted in a clean and oil free condition;
(d) All claims or queries pertaining to the invoice must be made within 7 working days of issue of an invoice quoting the invoice number;
(e) In the event of cancellation, for any reason, the customer agrees to return any Goods to The Company's premises;
(f) The title in any goods/services shall pass when the payment has been received by The Company (and all cheques/bankers drafts cleared) and not on delivery. Until such time as the property in the goods passes to The Customer, The Company shall be entitled at any time to require The customer to deliver up the goods and if The Customer fails to do so forthwith, to enter upon any premises of The Customer or any third party (including where The Customer is an administrator/receivership) The Customer must store the goods separately from other goods until paid for.
7. Variation. Any variation agreed between The Company and The Customer regarding the Goods to be supplied shall be deemed to be an amendment to this Contract and shall not constitute a new contact.
8. Delivery (a) The Company shall give the estimated time for the repair of the vehicle and shall make every effort to inform The Customer if this estimated time cannot be met, although The Company can accept no responsibility for delays outside its control'
(b) Unless otherwise agreed in writing delivery of the Goods shall take place at the Dealer's premises.
9. Payment (a) Payment in respect of any service or work undertaken shall be made on or prior to taking delivery of the vehicle unless a credit account has been opened;
(b) The Dealer has the right to charge a customer is they pay by Credit or Debit Cards.
10. Warranties (a) Except where The Customer is acting as a Consumer, in so far as liability may be place upon The Company by the Consumer Rights Act 2015 or any other statutory provision, or in respect of a vehicle subject to a manufacturer's warranty or other written warranty, no warranty is given or implied as to the quality of Goods or Services or their fitness for any particular purpose whether known to The Company or not;
(b) The Company will, however, without prejudice to its right hereunder, correct all faults in goods or services carried out by The Company and occurring by reason of The Company's default or negligence and shown to be such to The Company's satisfaction;
(c) Subject to clause (d) below, The Company assigns to The Customer, the benefits of any applicable manufacturer's warranty for parts fitted to a vehicle in the course of repair or service;
(d) The Company's obligations under the contract shall be mitigated or removed if any defect is caused or worsened by any of the following:
(1) Failure to notify The Company of the defect;
(2) Failure to afford The Company opportunity to rectify the problem
(3) Subjecting the goods to misuse, negligence or accident or using the vehicle for rallying or similar sports
(4) Installation of a part into the goods not approved by either the manufacturer or The Company, or altering them in a way not approved by either the manufacturer of The Company;
(5) Failure to adhere to maintenance instructions regarding the care, treatment or upkeep of the goods or in failing to have servicing and preventative maintenance carried out as recommended by either the manufacturer or The Company.
11. Liability. Where The Company contracts to carry out a defined repair or diagnostic operation, The Company's liability shall be limited to the performance of such work as may be defined by the standard manufacturer's schedule as coming within the scope of such operation.
12. Use of The Customer's vehicle. The Company and its employees and agents are expressly authorised to use The Customer's vehicle on the highway and elsewhere for all purposes in connection with the work outlined. The Company undertakes to take reasonable care of the vehicle so used, and to provide legally required insurance of the vehicle.
13. Authority to Contract. Goods supplied by the order of any person in The Customer's employment or by any person reasonably believed by The Company to be The Customer's agent or by any person to whom The Company is entitled to make delivery of the vehicle, shall be paid for by The Customer.
14. Authority to Uplift. Where a person who, so far as The Company is aware, has authority to uplift Goods or Vehicles and does so, The Company shall have no liability to The Customer for any loss or damage resulting on any grounds whatsoever. It shall not be obligatory upon The Company to confirm the authority of any person reasonably believed to be the agent, or to have been at some time, connected with The Customer.
15. Lien. The Customer acknowledges that The Company has a legal lien upon any vehicle or vehicles left with The Company for supply of goods and services for all monies due from The Customer on any account.
16. Risk / Delay. Subject to the provisions of the Consumer Rights Act 2015 and any amendment thereof, vehicles, including components, fittings and contents are left with The company entirely at The Customer's risk. The Company shall in no circumstances be liable for loss or damage thereto or for the delay in completing service or repairs unless the same is caused by the negligence of default of The Company, its employees or agents.
17. Bankruptcy / Insolvency of Customer. If The Customer shall become bankrupt or insolvent or make any agreements with the creditors or allow a Receiver of their effects to be appointed or being body corporate enter into liquidation The Company shall have the right to terminate any agreement with The Customer subject to those conditions and henceforth cease to have any further obligation under the contract. In these circumstance the price for all services rendered and goods supplied shall immediately become payable.
18. Storage Charges. If following the completion of Service The Customer's vehicle(s) us left at The Company's premises or the premises of The Company's agent, then The Company reserves the right to make a reasonable daily charge for the storage of the vehicle(s).
19. Replacement Parts. The Company shall obtain The Customer's express permission to repair or to fit repaired units where new parts quotes for are unavailable or not obtained within a reasonable time.
20. Exchange Units. In the event of a factory reconditioned unit being fitted, a surcharge may be made pending examination by the manufacturers to confirm that the unit is, in their opinion, fir for reconditioning with the Exchange Scheme. If the unit is accepted for reconditioning, and the manufacturer's credit note is received, the surcharge will be cancelled.
21. Disposal of Uncollected Goods. Any vehicle which is not collected bu The Customer and in respect of which payment for repairs carried out has not been made within three calendar month of The Customer having been advised of the completion of the work may be sold by The Company and the cost of the repairs and any storage charges may be deducted by The Company from the net proceeds of the sale of the vehicle. However, before proceeding to sell the vehicle The Company shall first give The Customer seven days written notice of its intention to do so which notice shall be sent by prepaid first class post to the address of The Customer last know to The Company and shall be deemed to have been received by The Customer on the day following the date of posting, or if that shall be a Sunday or Public Holiday, to be the first working day thereafter. Any sale of the vehicle under this clause shall be by auction and The Company shall after discharging the costs of the sale, the repairs and the storage charges, at its absolute discretion, either retain the balance for the benefit of The Customer or forward the same to The Customer at The Customer's last known address.
23. Distance Selling Regulations (a) Where The Customer is acting as a Consumer if this Agreement has been conducted without any face to face contact between The Company and The Customer, or anyone acting on each party's respective behalf, The Customer has the right to cancel an Agreement without giving any reason. The cancellation period will expire 14 days from the day on which The Customer first instructs us to carry out the service or repair and no service or repair can be performed within this period unless the Customer expressly requests we do so.
(b) To exercise the right to cancel, The Customer must inform The Company of their decision to cancel an Agreement in writing by clear statement (e.g. a letter sent by post or email).
(c) If The Customer requests any service to be provided during the 14 day period then they will lose the right to cancel this Agreement. The Customer shall pay The Company an amount which is in proportion to that service performed until they communicated their cancellation of the agreement.
(d) If The Customer cancels an Agreement, The Company will reimburse to The Customer all payments received from The Customer under the Agreement, without undue delay, and not later than;
(1) 14 days after the date on which The Company receives any Goods back;
or (2) (if earlier) 14 days after the day you provide evidence that The Customer has returned any Goods;
or (3) if there were no goods supplied, 14 days after the day on which The Company are informed about The Customer's decision to cancel the Agreement;
(e) The Company will make the reimbursement using the same means of payment as The Customer used for the initial transaction, unless The customer has expressly agreed otherwise, but in any event The Customer will not incur any fees as a result of reimbursement.
(f) The Company may without reimbursement until The Company has received any Goods back or The Customer has sent evidence of having sent back any Goods to The Company, whichever is the earliest. The Customer should send back any Goods or deliver them back to The Company at their address, without any undue delay and in any event no later than 14 days after the day on which the Customer communicated cancellation of this Agreement to The Company.
(g) This deadline is met if The Customer sends back any Goods before the period of 14 days has expired. The Company will require that The Customer bears the cost of returning any Goods to The Company.
24. Return of Parts (a) The Customer must take reasonable care of any Goods whilst they are in The Customer's possession. The Customer will be responsible for any loss or damage from when they are delivered to The Customer until and when they are returned to The Company.
(b) The Customer is liable for any diminished value of any Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.
Complaints. We are an accredited member of the Motor Ombudsman. In the event of a complaint that does not relate to a financial service, The Customer should contact the Motor Ombudsman. Details can be found at www.themotorombudsman.org
25. Statutory Rights. Where The Customer us acting as a Consumer, nothing in this contract is intended to exclude or limit The Customer's statutory rights.