Sales Terms and Conditions

Terms and conditions applying to vehicle sales by Trident Honda, including used vehicles, certain new vehicle and business sales, part-exchange, payment, delivery, finance and customer cancellation rights.

Vehicle Sales Terms & Conditions

These Terms & Conditions apply where Trident Garages Ltd, trading as Trident Honda (Trident Honda, we, us or the Seller) sells a vehicle to the person or organisation named on the order (the Customer or you).

Where the Customer is acting as a consumer, nothing in these Terms & Conditions affects the Customer's statutory rights, including rights under the Consumer Rights Act 2015.

New Honda vehicles supplied by Honda Motor Europe Limited

Certain new Honda vehicles are supplied directly by Honda Motor Europe Limited (Honda), with Trident Honda acting as an authorised Honda retailer. Where Honda is identified as the seller on your order or Sales Contract, the sale of the new vehicle is between you and Honda and is subject to Honda's applicable terms and conditions.

These Trident Honda Terms & Conditions do not replace Honda's terms in relation to such a sale. They may, however, apply to any separate transaction between you and Trident Honda, including the purchase of a part-exchange vehicle by Trident Honda.

The remainder of these Terms & Conditions applies where Trident Honda is the Seller, including used vehicle sales and those new vehicle sales, such as certain business sales, where Trident Honda sells the vehicle as principal.

1. Acceptance of an order

An order is subject to acceptance by the Seller. A contract for the sale of the Vehicle will arise when the Seller accepts the Customer's order.

Any part-exchange allowance is also subject to the provisions relating to part-exchange vehicles below.

2. The Vehicle

2.1 Consumer sales

Where the Customer is acting as a consumer, the Vehicle will be supplied in accordance with the Consumer Rights Act 2015, including the statutory requirements that applicable goods are of satisfactory quality, fit for purpose and as described.

In assessing satisfactory quality, account may properly be taken of matters including the Vehicle's age, mileage, price, description and other relevant circumstances.

Nothing in these Terms & Conditions excludes or restricts any statutory right or remedy available to a consumer.

2.2 Examination and disclosed defects

The Customer should inspect the Vehicle before purchase where reasonably possible.

The Seller will not be responsible under the statutory requirement of satisfactory quality for a defect:

• specifically drawn to the Customer's attention before the contract is made; or
• where the Customer examines the Vehicle before the contract is made, which that examination ought reasonably to have revealed,

to the extent permitted by law.

Any known defects which form part of the agreed condition of the Vehicle should be recorded on the order or accompanying documentation.

2.3 Roadworthiness

Any Vehicle intended for use on the road will be supplied in a roadworthy condition at the time of delivery, save where the Vehicle is expressly sold on terms which lawfully provide otherwise.

3. Accessories and warranties

Where an accessory, component or Vehicle is supplied with the benefit of a manufacturer's warranty or guarantee, the Seller will use reasonable endeavours to make the benefit of that warranty or guarantee available to the Customer.

Any manufacturer's or third-party warranty is in addition to, and does not replace or restrict, a consumer's statutory rights against the Seller.

4. Price and payment

The Customer must pay the agreed purchase price for the Vehicle together with any other sums shown on the order.

Unless otherwise stated, prices payable by a consumer include VAT where applicable.

The Vehicle will remain the property of the Seller until the Seller has received the purchase price and all other amounts due in respect of the Vehicle in full and in cleared funds.

Where payment is made by cheque, bank transfer or another method which is not immediately cleared, payment will not be treated as received until the funds have cleared.

5. Delivery

Any delivery or availability date given by the Seller is an estimate unless expressly agreed otherwise in writing.

The Seller will use reasonable endeavours to make the Vehicle available by the estimated date but delays may occur as a result of circumstances beyond the Seller's reasonable control, including delays by manufacturers, importers, transport providers or other suppliers.

The Seller will notify the Customer when the Vehicle is available for collection.

Nothing in this clause limits any statutory rights a consumer may have where a Vehicle is not delivered within an agreed or legally required time.

6. Failure to collect or pay for the Vehicle

If the Customer fails to pay for and take delivery of the Vehicle within 21 days after being notified that it is ready for collection, the Seller may give the Customer notice requiring payment and collection.

If the Customer continues to fail to complete the purchase following such notice, the Seller may treat the Customer as being in breach of contract and may cancel the contract.

Where the contract is cancelled as a result of the Customer's breach, the Seller may deduct from any deposit or other payment received the reasonable losses and expenses actually incurred as a direct result of that breach, subject to the Seller's obligation to take reasonable steps to mitigate its loss.

Any balance remaining will be refunded to the Customer. If the Seller's recoverable losses exceed the amount held, the Seller reserves the right to recover the balance from the Customer.

Nothing in this clause affects any statutory cancellation or other rights available to a consumer.

7. New vehicles sold by Trident Honda

This clause applies only where the Vehicle is a new vehicle sold by Trident Honda as principal. It does not apply where Honda Motor Europe Limited is the seller under Honda's retail sales arrangements.

7.1 Pre-delivery work and manufacturer's warranty

The Seller will ensure that any pre-delivery work specified by the manufacturer and applicable to the Vehicle is carried out and will use reasonable endeavours to obtain for the Customer the benefit of any applicable manufacturer's warranty or guarantee.

7.2 Standard equipment

No allowance will be made for any item of standard equipment which the Customer does not wish to receive unless otherwise agreed in writing.

7.3 VAT and other taxes

If the rate or application of VAT or another tax or statutory charge changes between the date of the order and the date on which the relevant tax liability arises, the amount payable may be adjusted to reflect the amount for which the Seller is legally liable.

7.4 Manufacturer price changes

If, after the order is accepted but before delivery, the manufacturer's recommended price or the price charged to the Seller for the Vehicle changes, the Seller will notify the Customer of any resulting change which it proposes to make to the purchase price.

If the Seller proposes to increase the agreed purchase price, the Customer may cancel the contract by notifying the Seller within 7 days of receiving notice of the increase. Any deposit paid towards the Vehicle will then be refunded.

If the Customer does not exercise that right within the stated period, the revised price will apply.

Nothing in this clause permits a price variation which would be unlawful or unfair in a consumer contract.

7.5 Changes to specification

Manufacturers may make changes to the design, construction, specification or equipment of a Vehicle after an order has been placed.

The Seller may supply the Vehicle incorporating such changes provided that they do not materially alter the Vehicle from that which the Customer agreed to purchase.

If a change materially alters the Vehicle, the Seller will notify the Customer and, where appropriate, give the Customer the opportunity to cancel the order and receive a refund of any deposit paid.

7.6 Descriptions and specifications

Vehicle specifications, illustrations, dimensions, weights, fuel consumption or energy consumption figures, range figures and other information published by a manufacturer or the Seller are intended to describe the Vehicle as accurately as reasonably possible.

Minor variations which do not materially alter the Vehicle may occur.

Nothing in this clause excludes responsibility for information or representations which form part of the contract or affects a consumer's statutory right for the Vehicle to be as described.

7.7 Discontinued or unavailable vehicles

If the manufacturer ceases production of the Vehicle ordered, or the Vehicle otherwise becomes unavailable for reasons beyond the Seller's reasonable control, the Seller may cancel the order by notifying the Customer.

Any deposit or other amount paid by the Customer towards the purchase price will then be refunded and neither party will have any further obligation to complete the sale, without affecting any rights which had already arisen before cancellation.

8. Part-exchange vehicles

Where the Seller agrees that part of the purchase price may be satisfied by the Customer transferring another vehicle to the Seller (the Part-Exchange Vehicle), the following conditions apply.

8.1 Ownership and finance

The Customer confirms that:

• they are entitled to sell the Part-Exchange Vehicle;
• the information supplied concerning its ownership, mileage, history, condition and specification is accurate;
• they have disclosed any outstanding finance, security interest or other third-party interest affecting it; and
• except for any interest expressly disclosed to and accepted by the Seller, the Part-Exchange Vehicle will be transferred free from any third-party claim or interest.

Where outstanding finance or another financial interest is capable of settlement by the Seller, the Seller may pay the appropriate settlement amount and deduct that amount from the agreed part-exchange value.

8.2 Condition

Where the Seller has inspected or valued the Part-Exchange Vehicle before delivery, it must be handed over in substantially the same condition as when inspected or valued, subject to fair wear and tear.

The Customer must inform the Seller of any material change to its condition, mileage, mechanical condition or status occurring before it is handed over.

If there is a material change, the Seller may reasonably revise the part-exchange allowance to reflect that change.

8.3 Delivery

Unless otherwise agreed, the Part-Exchange Vehicle must be delivered to the Seller no later than the date on which the Customer takes delivery of the Vehicle being purchased.

Ownership of the Part-Exchange Vehicle will pass to the Seller when it is delivered to and accepted by the Seller, subject to any outstanding finance or third-party interest which the Seller has agreed to settle.

8.4 Failure to satisfy the part-exchange conditions

If the Customer is unable to satisfy the conditions of this clause, the Seller may decline to purchase the Part-Exchange Vehicle or may agree a revised allowance.

In that event, the Customer remains responsible for paying the balance of the purchase price of the Vehicle by another agreed means.

9. Finance

Where the Customer wishes to fund the purchase through a finance provider, any finance agreement will be a separate agreement between the parties identified in that agreement and will be subject to its own terms and conditions.

Where a finance provider purchases the Vehicle from the Seller for supply to the Customer under a finance agreement, ownership of the Vehicle and the respective rights of the Customer, Seller and finance provider will be determined by the applicable finance documentation.

Any purchase of a Part-Exchange Vehicle by Trident Honda remains subject to clause 8 above unless otherwise agreed.

The availability of finance is subject to status and to the requirements of the relevant finance provider.

10. Cancellation

The Customer does not have a general contractual right to cancel an order merely because they have changed their mind, except where:

• a cancellation right is expressly provided in these Terms & Conditions or the order;
• the Seller agrees to cancellation; or
• the Customer has a statutory right to cancel.

Where the Seller agrees to a cancellation which is not required by law or by these Terms & Conditions, the Seller may make a reasonable deduction for losses and expenses arising directly from the cancellation.

Nothing in this clause limits any statutory right of cancellation or rejection available to a consumer.

11. Distance and off-premises contracts

Where a consumer enters into a contract with the Seller entirely at a distance, or away from the Seller's business premises, statutory cancellation rights may apply under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Where those Regulations apply, the Seller will provide the Customer with the information concerning cancellation rights required by law.

The statutory cancellation period for a relevant contract will apply notwithstanding anything elsewhere in these Terms & Conditions.

This clause does not create a cancellation right where the law does not provide one. In particular, a Customer does not acquire distance-selling cancellation rights merely because they first saw or enquired about the Vehicle online if the contract is subsequently concluded in circumstances which do not constitute a distance or off-premises contract.

12. Communications and notices

Where these Terms & Conditions require a notice or other communication to be given in writing, it may be given by letter or email using the postal or email address most recently supplied by the relevant party, unless the law requires a particular method of communication.

The Customer is responsible for ensuring that the Seller has current contact details.

13. Information supplied by the Customer

The Customer must ensure that information supplied in connection with the purchase, finance application or part-exchange transaction is accurate and complete.

The Customer must inform the Seller promptly if material information changes before completion of the transaction.

14. Entire agreement and variations

The order, these Terms & Conditions and any other documents expressly incorporated into the contract set out the terms agreed between the Customer and the Seller.

Any agreed variation should be recorded in writing.

Nothing in this clause excludes or limits liability for fraud, fraudulent misrepresentation or any other representation, statement, description or liability which cannot lawfully be excluded.

Nothing in this clause affects a consumer's statutory rights.

15. Waiver

If the Seller does not immediately enforce any provision of the contract, this will not prevent the Seller from enforcing that provision or any other provision subsequently.

16. Severability

If any provision of these Terms & Conditions is found to be invalid, unlawful or unenforceable, the remaining provisions will continue in effect so far as permitted by law.

17. Governing law

These Terms & Conditions and any dispute or claim arising from them are governed by the law of England and Wales.

Where the Customer is acting as a consumer, nothing in this clause deprives the Customer of any protection or right to bring proceedings which is available under applicable law.