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Terms & Conditions

Definitions

1.1 "The Dealer", the person who Is the vendor of the goods to the customer.

1.2 “The Customer”, the person, contracting for goods and services to be supplied by the Dealer.

1.3 “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 profession.

1.3 "Goods" means all vehicles as defined, or other things to be sold by the Dealer to the Customer.

1.4 "Vehicle" includes any car, lorry, van, trailer, caravan, Invalid carriage, motorcycle and generally each and every accessory to and component thereof.

Whole Contact

2.1 These terms shall represent the whole contract between the Dealer and the Customer. They may be varied only by written agreement between the parties.

Enforceability

3.1 In the event 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.

Written Confirmation

4.1 This order and any allowance in respect of a Vehicle offered by the Customer are Subject to acceptance and confirmation in writing by the Dealer.

Delivery/ Time Not of the Essence

5.1 Unless specifically agreed in writing, time for delivery is not essential.

5.2 Where the date for delivery of the goods is not known at time of sale, any date provided is an estimate only and is dependent on the provision of the Goods to the Dealer by the Supplier/ Manufacturer. The Dealer will use its best endeavours to secure delivery of the Goods by the estimated delivery date (if any) but does not guarantee the time of delivery. The Dealer shall not be obliged to fulfil orders in the sequence in which they are placed.  

5.3 If the Dealer Shall fall to deliver the Goods within 21 days of the estimated date of delivery stated in this contract, the Customer may by notice in writing to the Dealer require delivery of the Goods within 14 days of receipt of such notice. If the Goods shall not be delivered to the Customer within the said 14 days, the contract shall be cancelled.

Used Goods

6.1 Roadworthy.

Variation

7.1 Any variation agreed between the Dealer 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 contract.  

Delivery and Payment  

8.1 The Customer shall be liable to pay for the Goods immediately upon notification by the Dealer that they are available for delivery. The Dealer may, in its discretion, demand a deposit at the time when the order for Goods is placed by the Customer and shall not be obliged to progress the order or otherwise implement the contract until the deposit is paid in full.

Place of Delivery

9.1 Unless otherwise agreed in writing delivery of the Goods shall take place at the Dealer's premises.

9.2 In the event of cancellation, for any reason, the customer agrees to return the Goods to the dealer's premises.

Repudiation by Customer

10.1 If the Customer does not pay for and take delivery of the vehicle within 14 days of notification that the vehicle is available for delivery, the Dealer shall be at liberty to treat the contract as cancelled. If this happens, or if the Customer cancels the contract for any other reason not permitted by this contract, the Dealer will sell the vehicle to another person. The Dealer will refund the Customer's deposit but before the Dealer does so, it is entitled to recover from the deposit the additional costs it incurs in re selling the vehicle plus any reduction in sales price achieved.

10.2 The Dealer reserves the right to make, a reasonable daily charge for the storage of the vehicle or vehicles.

Loss or Damage

11.1 The Dealer shall be responsible for the loss of or damage to any vehicle or its contents only If caused by negligence of the Dealer or its employees. The Customer is strongly advised to remove any Items of value not related to the Vehicle.

Return of Deposit

12.1 If the contract is cancelled under the provisions of clauses 6 or 7 above the deposit shall be returned to the Customer and the Dealer shall be under no further liability.

Retention of Title and Risk

13.1 Risk of damage to or loss of the Goods are at the risk of the Customer as soon as they are delivered into the physical possession of the Customer or nominated representative.

13.2 Goods shall remain the sole and absolute property of the Dealer as legal owner until such time as the Customer shall have paid to the Dealer the full price together with all storage charges and interest that may be due to the Dealer under this contract.

Part Exchange

14.1.1 That the Dealer accepts the used vehicle in reliance of the warranties granted by the Customer overleaf, including but not limited to the age, mileage and condition of the vehicle. AND

14.1.2 That such used vehicle is the absolute property of the customer and is free from all encumbrances. OR

14.1.3 That such used vehicle is the subject of a hire purchase or agreement or other encumbrance capable of cash settlement by the Dealer, in which case the allowance shall be reduced by the amount required to be paid by the Dealer in settlement thereof.

14.2 If the Dealer has examined the said used vehicle prior to his confirmation and acceptance of this order, the used vehicle shall be delivered to them in the same condition at the date of such examination (fair wear and tear excepted).

14.3 That such used vehicle shall be delivered to the Dealer on or before delivery of the Goods to be supplied by them hereunder, and the property in the said used vehicle shall thereupon pass to the Dealer absolutely.

14.4 If the goods to be delivered by the Dealer, through no default on the part of the Dealer, shall not be delivered to the customer 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 a 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 Customer of the Goods.

14.5 In the event of the non-fulfilment of any of the foregoing conditions, other than 17.5 above, the Dealer shall be discharged from any obligations to accept the said used vehicle or to make any allowance in respect thereof, and the Customer shall discharge in cash the full price of the Goods to be supplied by the Dealer.

Authority to Drive

15.1 ln connection with the supply of a Vehicle or an Inspection or testing or the preparation of any estimate in connection therewith, the Dealer shall be entitled to drive the vehicle on the road or elsewhere as it shall deem necessary.

Finance

16.1 Funds sought from an external finance company will incur a £200.00 admin fee.

Road Tax & Insurance

17.1 Is the responsibility of the customer.

Distance Selling

18.1 If, and only if, the customer has acted as a Consumer, where this Agreement has been completed away from our business premises and/or without any face to face contact between us and you; or anyone acting on your or our respective behalf, you may give notice to cancel this Agreement within 14 days without giving any reason.

18.2 This cancellation period will expire 14 days after the day on which you, or a third party on your behalf, takes delivery or otherwise acquires physical possession of the Goods. To exercise this right to cancel, you must Inform us of your decision to cancel this Agreement in writing by dear statement (e.g. a letter sent by post, cancellation form if you wish.)

18.3 To meet the cancellation deadline, it is sufficient for you to send your communication confirming your exercise of the right to cancel before the cancellation period has expired.

18.4 If you cancel this Agreement, we will reimburse to you all payments received from you under this Agreement, without undue delay, and not later than:

18.4.1 14 days after the day on which we receive the Goods back; or

18.4.2 (if earlier) 14 days after the day you provide evidence that you have returned the Goods; or

18.5 We will make the reimbursement using the same means of payment as you have used for the initial transaction, unless you have expressly agreed otherwise, but in any event, you will not incur any fees as a result of the reimbursement

18.6 We may withhold reimbursement until we have received the Goods back or you have sent evidence of having sent back the Goods to us, whichever is the earliest.

18.7 This deadline is met if you send back the Goods before the period of 14 days has expired. We will require that you bear the cost of returning the Goods to us.

18.8 You must take reasonable care of the Goods whist they are in your possession. You will be responsible for any loss or damage from when they are delivered to you until when they are returned to us.

18.9 You are liable for any diminished value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.

Additional Mileage

We deem 30 miles to be a reasonable distance to deter if you are happy with the vehicle so any additional miles will be charged at a rate of £1.50

Storage Charges

19.1 The Dealer reserves the right to make a reasonable daily charge for the storage of the customer's vehicle or vehicles.

Dispute resolution/ Jurisdiction

19.1 ln the event of a complaint or dispute of any kind our complaints handling procedure which can be found on our website at and is available from us on request.

19.2.2 where your complaint relates to Financial Services, the Financial Ombudsman Service. This service is free to use. Their consumer helpline Is available on 0800 023 4 567 or 0300 123 9 123 or you can visit their website at www.financial-ombudsman.org.uk, email them at complaint.info@financialornbudsman.org.uk or write to the Financial Ombudsman Service, Exchange Tower, London El4 9SR.