Frosts Cars Ltd Service Plan
Terms and Conditions
Should you have any queries regarding this document, please do not hesitate to contact Frosts Cars Ltd.
IMPORTANT PLEASE READ THIS DOCUMENT CAREFULLY
This document contains all details of the Personal Service Plan. These terms and conditions form the Contract between You the Customer and Frosts Cars Ltd and its subsidiary companies (We/Us/Our). The £200 deposit reserves the vehicle for 48 hours only.
1. DEFINITIONS
1.1. AGREEMENT - means this Personal Service Plan which is an agreement made between You the Customer and Us in respect of the Vehicle identified on Your Schedule.
1.2. SCHEDULE means the Personal Service Plan Schedule signed by the Customer which contains the Customer and Vehicle details.
1.3. CUSTOMER AND YOU means the person, firm or company whose details appear on the Schedule.
Where the customer is a partnership then each partner separately and all partners jointly shall be responsible for the customer's obligations under this Agreement.
1.4. DEALER means the servicing dealer whose details are set out on the Schedule. The dealer performs certain functions on Our behalf. These functions include the provision of a Service, the processing of Customer applications, amending Customer details, amending Vehicle details, handling initial customer complaints and processing cancellations.
1.5. BENEFIT TAKEN - means the total value including Servicing and Administration costs which has been used by the Customer under the Agreement at any given time.
1.6. SCHEDULE OF WORK means the Services as detailed on the attached Service and Maintenance Schedule.
1.7. SERVICE AND SERVICING mean the servicing of the Vehicle in accordance with the Manufacturer's standard service schedules or a standard Frosts Cars Ltd non manufacturer service, copies of which will be produced for the Customer on request (this does not include cam belts or brake fluid change unless specifically mentioned).
1.8. SERVICE INTERVALS means the intervals detailed on the Schedule of Work.
1.9. VEHICLE means the Customer's motor vehicle as detailed on the Schedule.
1.10. WE AND US AND OUR - means Frosts Cars Ltd and its subsidiary companies. Registered company number: 511284. Details of company numbers are available on request.
2. PARTIES AND COMMENCEMENT
This Agreement is between Us and the Customer named on the Schedule. It shall be binding on all parties only when it as been signed by or on behalf of each party and the initial payment has been received (deposit and first monthly instalment) by Frosts Cars Ltd.
3. GEOGRAPHICAL LIMITS
United Kingdom, which means Great Britain and Northern Ireland, and for the avoidance of doubt shall include the Channel Islands and the Isle of Man.
4. CUSTOMERS OBLIGATIONS
The Customer will:
4.1. Pay the monthly payments to Frosts Cars Ltd by Direct Debit or Credit/Debit card (if applicable). The initial payment (deposit and first monthly installment if applicable) shall be due within 14 days of the written notification and each subsequent payment on the like day of each succeeding month.
4.2. Produce to the Dealer the appropriate documentation prior to each Service being carried out.
4.3. Notify the Dealer if their principal address, as shown on the Schedule, changes.
4.4. Notify the Dealer if the registration plate identification or any other identification mark of the Vehicle changes.
4.5. Not make, or permit to be made, any mechanical alterations or modifications to the Manufacturer's standard specification for the Vehicle without obtaining the prior written consent of the Dealer.
5. DEALER OBLIGATIONS
The Dealer will, on Our behalf:
5.1. Carry out Servicing of the Vehicle in accordance with the Schedule of Work as soon as is reasonably practicable after being requested to do so by the Customer and on the Customer producing to the Dealer the appropriate documentation for each Service.
5.2. Submit a request for authorisation through Frosts Cars Ltd web application immediately before each Service is carried out on the Vehicle.
5.3. Issue documentation to the Customer appropriate to the Schedule of Work. The documentation will be printed with an expiry date, which indicates the latest date on which the Service may be carried out.
6. ASSIGNMENT
The Customer may, subject to payment being received in full, transfer their rights and obligations under this Agreement to a subsequent owner of the Vehicle provided that they give written notice of the transfer to Us, stating the name and address of the transferee and the date of transfer.
7. TERMINATION
This Agreement shall terminate on the earliest of the following events:
7.1. At the end of the contract duration specified on the Schedule.
7.2. On reaching the end mileage specified on the Schedule of Work, allowing appropriate leeway where a service is due under the Agreement.
7.3. On the Vehicle having received all Servicing covered by the Agreement.
7.4. On Us giving notice of cancellation in writing to the Customer, which shall not be given unreasonably.
7.5. Where the Customer is in breach of any of their obligations under this Agreement.
7.6. On being cancelled by the Customer under clause 8 (Cancellation).
8. CANCELLATION
8.1. This Agreement may be cancelled by the Customer:
8.1.1. On the death of the Customer.
8.1.2. On the theft of the Vehicle where the Vehicle is not recovered.
8.1.3. On the sale of the Vehicle, where the Agreement is not transferred under clause 6.
8.1.4. On the Vehicle being declared by an insurance company to be a total loss as a result of accident damage.
8.1.5. Within 14 days of the date this Personal Service Plan was purchased.
8.2. In the event of termination or cancellation:
8.2.1. On termination under clause 7.3 or 7.4 or cancellation under clause 8.1.1 to 8.1.4 the Dealer will, on Our behalf, calculate the total Servicing and administration costs (Benefit Taken) up to the date of cancellation and will supply details of these costs to the Customer in writing. In the event of cancellation an administration cost will be retained which includes setup and payment collection charges. Further details are available from the Dealer. In the event that the Customer has paid more than the Benefit Taken then the excess will be refunded by the Dealer provided that the Customer has returned any and all documentation to said Dealer. In the event that the Customer has paid less than the Benefit Taken then the Customer shall pay to the Dealer, within 30 days of the termination date, a sum equivalent to the shortfall.
8.2.2. On cancellation under clause 8.1.5 the Customer will receive a full reimbursement of any monies paid in respect of the Personal Service Plan, providing there has been no Service provided under the Agreement. For
cancellation after such 14 day period no reimbursement will be made.
8.3. Any cancellation or refund request must be made directly to the Dealer named on the Schedule.
9. AMENDMENTS
In the event that this Personal Service Plan becomes unsuitable for Your Vehicle, for example as a result of You covering more mileage than You originally based the Plan on, You may need to cancel this Agreement and agree a new service plan with the Dealer which is suitable to Your changed needs. Where a new agreement is entered into, then all calculations will be based on parts and labour costs that are current at the time of the new agreement coming into force.
10. PERSONAL INFORMATION
10.1. By signing the Schedule the Customer agrees that the Dealer may use personal information relating to the Customer which it obtains in relation to this Agreement or pass this information to any of Frosts Cars Ltd associated companies for marketing and market research purposes relating to it's or their products.
10.2. The Customer may withdraw their consent under clause 10.1 at any time by writing to Frosts Cars Ltd, 69-75 Brighton Road, Shoreham-by-Sea, West Sussex, BN43 6RT.
11. GENERAL
11.1. In the event that the Customer loses any documentation they must notify Frosts Cars Ltd who will issue replacements upon payment by the Customer of an administration fee.
11.2. The Dealer may declare void any Agreement where the Schedule does not correctly indicate the exact Vehicle type, model age and indicated mileage.
11.3. If it shall be established following the receipt of the Service that the conditions of the Service Plan as laid down have not been fully complied with, then it is hereby expressly agreed and declared that We shall be released from a liability for that particular Service.
11.4. If the Customer or anyone acting on their behalf provides Us or the Dealer with information which is inaccurate or fails to disclose any information which may reasonably affect Our provision of this service, this Agreement shall be deemed to be invalid, and the right to prosecute is reserved.
11.5. The terms and conditions of the Personal Service Plan cannot be altered or amended by any person except by Our specific written endorsement.
11.6. The mileage quoted in no way guarantees the true distance covered by the Vehicle, and is indicated only as a guide to when Servicing is due. Failure to maintain the odometer (mileage recorder) in working order or disconnecting it or tampering with it will invalidate this Agreement. Any change of odometer (mileage recorder) must be notified to the
Dealer with the new mileage reading within 9 days by recorded delivery or registered post.
12. HOW TO BOOK A SERVICE
12.1. Contact the Dealer and arrange a convenient appointment for the Vehicle Service.
12.2. The Dealer will input details of the Vehicle Servicing onto the web application. If sufficient funds have been received by Frosts Cars Ltd to cover the cost of the work that is to be undertaken then authorisation will be immediate. If not the Dealer consider whether to allow the service to go ahead on the basis that any shortfall will be covered by future monthly payments or may ask the customer for a further contribution towards the cost of the work.
12.3 Take the Vehicle to the Dealer on the agreed date and give the Service Advisor this Agreement.
12.4 If the Dealer agrees to carry out the work when there are insufficient funds on account, the customer will remain liable for this shortfall. Under normal circumstances this will be covered by further monthly payments but for the avoidance of any doubt, if the plan is cancelled, the Customer remains liable for this shortfall.
13. COMPLAINTS ANDCONCILIATION
13.1. In the unlikely event of a dispute occurring, You should first address any complaint to the Dealer.
13.2. If You do not obtain satisfaction from the Dealer, You should contact Frosts Cars Ltd, 69-75 Brighton Road, Shoreham-by-Sea, West Sussex, BN43 6RT.
SALES AND ONLINE DEPOSIT TERMS AND CONDITIONS
Nothing herein contained is intended to affect. nor will it affect, a consumer's statutory rights under the Sale of Goods Act 1979 or the Unfair Contract Terms Act 1977.
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 entitled 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 orders in the sequence in which they are placed).
(b) If the Seller shall fail to deliver the goods within 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 Purchaser 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) (i) that such used vehicle is the absolute property of the Purchaser and is free from all encumbrances;
or (ii) that such used vehicle is the subject of a hire purchase agreement or other encumbrance capable of case 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 has 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 goods to be delivered by the Seller through no default on 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 from any obligation to accept the said usedvehicle 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 this 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 references 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 the goods or the re-sale of such goods by the Seller, and the Seller shall not be liable for any failure to deliver the goods occasioned by his inability to obtain them from the Manufacturer or Concessionaire or by his compliance with such terms or 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 endeavours 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 the 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 purchaser 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 sum as the Seller becomes legally liable for at the time the taxable supply occurs;
(d) If after the date of this 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
(i) 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;
(ii) 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 event 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 is 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);
(i) Is sold subject to any conditions or warranties that are implied by the Sale of Goods Act 1979 or any amending statute;
(ii) Prior to signing this order form the Purchaser shall examine the vehicle and the items set out in the Purchaser's Certificate of Examination overleaf and the Purchaser is reminded that the condition of 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.
Frosts Cars Ltd - Registered Office: 69-75 Brighton Road, Shoreham-by-Sea, West Sussex, BN43 6RT, UK.
Reg Company Number: 511284
FSA Reg Number: 573829
VAT Reg Number: GB 190 3320 90
Telephone: 01273 461411
Fax: 01273 440201
Email: sales@frosts4cars.co.uk
