Sales Terms and Conditions

Nothing contained herein is intended to affect, nor will it affect, a consumer's statutory rights under the Sales & Supply of Goods Act 1994 or the Unfair Contract Act 1977 or any amendment thereof.

1) This order and any allowance in respect of a used motor vehicle offered to the Customer are subject to acceptance by the Seller.

2) The Vehicle:

a. The Vehicle is supplied as roadworthy at the date of delivery and subject to 2.b is supplied subject to any conditions or warranties that are implied by the Sale & Supply of Goods Act 1994.

b. Prior to signing the order the Customer shall examine the Vehicle and the items set out in this Order and the Customer is reminded that the condition of satisfactory quality implied by the Sales & Supply of Goods Act 1994 does not operate in relation to such defects which that examination ought to reveal. Should the Vehicle be sold also with defects notified by the Seller to the 9. Customer before the order is signed, the condition of satisfactory quality above referred to shall not operate in relation to those defects.

3) Any accessories fitted or supplied by the Seller will be entitled to the benefit of any warranty given by the Manufacturers of those accessories.

4) The Seller will endeavour to secure delivery of the Vehicle to the Customer by the estimated delivery date (if any) but does not guarantee this delivery date and shall not be liable for any damages or claims of any kind in respect of any delay. Delivery shall be deemed effected when the Vehicle is made available for collection by the Customer and the Seller has so informed the Customer. (The Seller shall not be obliged to fulfil orders in the sequence they are placed.)

5) If the contract is cancelled under the provisions of clause 4 above any deposit paid shall be returned to the Customer and the Seller shall be under no further liability.

6) The Vehicle shall remain the property of the Seller until the total purchase price (plus VAT if applicable) has been paid in full. A cheque given by the Customer in payment shall not be treated as a discharge of the purchase price until it has been cleared by the Customer’s bank.

7) If the Customer shall fail to take and pay for the Vehicle within 21‐ days of notification that this Vehicle is ready for delivery, the Seller shall be at liberty to treat the contract as repudiated by the Customer and thereupon any payments received in respect of the Vehicle shall be refunded to the Customer less any expenses which the Seller may suffer or incur by reason of the Customer’s default. Should these expenses exceed the sum of the payments received in respect of the Vehicle, the Customer shall be liable for the balance.

8) If the Vehicle to be supplied by the Seller is new, then the following additional provisions shall have effect:

a. The Seller undertakes to ensure that the pre‐delivery work on the vehicle specified by the Manufacturer is performed and to use its best endeavours to obtain for the Customer the benefit of any warranty or guarantee given by the Manufacturer to the Seller or to the Customer in respect of the Vehicle.

b. No allowance can be made for any part of the standard equipment of the Vehicle which the Customer does not wish to take.

c. Notwithstanding the sum for VAT specified in the order, the sum of VAT payable by the Purchaser in respect thereof shall be such as for which the Seller becomes legally liable at any time in respect of the sale.

d. If after the date of this contract and before delivery of the Vehicle to the Customer, the Manufacturer’s recommended price for the Vehicle is altered, the Seller shall give notice of any such alteration to the Customer and:

i. In the event of the Manufacturer’s recommended price being increased, the amount of such increase which the Seller intended to pass to the Customer shall be notified to the Customer. The Customer may cancel the contract within 7‐days of the receipt of such notice. If the Customer does not cancel the contract, the increase in price shall be added to and become part of the contract price for the Vehicle.

ii. In the event of the recommended price being reduced, the amount of any such reduction, if any, which the Seller intends to allow to the Customer, shall be notified to the Customer. If the amount allowed is not the same as the reduction of the recommended price the Customer may cancel the contract within 7‐ 14. days of the receipt of such notice.

e. In the event of an alteration of the design construction and/or equipment of the Vehicle by the Manufacturer, the Seller reserves the right, without previous notice, to supply the Vehicle ordered with or without such alteration.

f. No drawings, descriptive matter, weights, dimensions or shipping specifications issued by the Manufacturer, or contained within its catalogues, price lists and other advertising matter shall be deemed to form part of the contract of sale of the Vehicle nor be regarded as a warranty or representation relating to the Vehicle.

g. In the event of the Manufacturer of the Vehicle ceasing to make vehicles of that type, the Seller may (whether the estimated delivery date has arrived or not) by notice in writing to the Customer, cancel the contract.

9) Where the Seller agrees to allow part of the price of the Vehicle to be discharged by the Customer delivering a used vehicle to the Seller, such allowance is hereby agreed to be given and received and the used vehicle is hereby agreed to be delivered and accepted, as part of the sale and purchase of the Vehicle upon the following further conditions:

a. Ownership:

i. That the Customer has good title to the Used Vehicle and it is free from any third party charge or interest.

ii. That the Used Vehicle is the subject of a credit sale agreement or other third party charge or interest 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 has examined the used vehicle prior to his confirmation and acceptance of the order, the used vehicle shall be delivered to the Seller in the same condition as at the date of such examination (fair wear and tear excepted).

c. That the used vehicle shall be delivered to the Seller on or before delivery of the Vehicle to be supplied by the Seller under this contract, and the property in the used vehicle shall thereupon pass to the Seller absolutely.

d. That, without prejudice to (c) above, the used vehicle shall be delivered to the Seller within 14‐days of written notification to the Customer that the Vehicle to be supplied by the Seller is ready for delivery.

10) In the event of the non‐fulfilment of any of the foregoing conditions, the Seller shall be discharged from 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 Vehicle to be supplied by the Seller.

11) Any notice given in the contract must be in writing and sent by post to the residence or place of business of the person to whom it is addressed and shall be deemed to have been received in the due course of the post.

12) Not withstanding the provisions of this contract, the Customer shall be at liberty, before the expiry of 7‐days after notification to him, that the Vehicle is ready for delivery, to arrange for a finance company to purchase the Vehicle from the Seller at the price payable under this contract. Upon the purchase of the Vehicle by the finance company, the preceding clauses of this contract shall cease to have effect, but any used vehicle for which an allowance was agreed to be made to the Customer shall be purchased by the Seller at a price equal to such allowance, upon the conditions set out in clause 9 above (save that in paragraphs 9.c and 9.d) all references to “delivery” or “delivered” in relation to the Vehicle shall be construed as meaning delivery or delivered by the Seller or to the order of the finance company and the Seller shall be accountable to the finance company on behalf of the Customer for the price and any deposit paid by him under his contract.

13) This order form together with these terms & conditions sets out the whole agreement between the Purchaser and the Seller and no variation or modification is of any effect unless in writing and signed by the Purchaser and the Seller. No servant, employee or other person for whose acts the Seller may be responsible has any authority or right to alter add or subtract from these terms and conditions.

14) Any notices given under this contract must be in writing and sent by the Customer by first class post to the Seller’s place of business.

15) Failure by the Seller to enforce at any time or for any period any one or more of the provisions of this contract shall not be a waiver of the Seller’s rights under this agreement.