1. Save as expressly provided in these conditions and the written contract between the parties, and except in the case of the Consumer Sales (as defined by the Sales of Goods Act 1979), or in the respect of death or personal injury caused by the sellers negligence, the seller shall not be liable to the Buyer and all warranties, conditions or other terms implied by the statue or common law as to the quality of the goods or their fitness for purpose are hereby excluded to the fullest extent permitted by law. Where the goods are sold under a Consumer Sale, the statutory rights of the Buyer are not affected by these conditions.
2. Order for Goods, and offers of the part exchange allowances for any used motor vehicle, must be confirmed in writing by the Seller and accepted by the Purchaser, subject in either case to these Conditions, which shall govern the Contract. No variation to these Conditions shall be binding unless in writing by the Seller.
3. Save for serious breach by the Seller, no order which has been accepted may be cancelled by the Purchaser except with the written consent of the Seller and subject to the Purchaser indemnifying the Seller in full against all loss (including loss of profit), costs (including cost of any labour and materials), damages, charges and expenses incurred by the Seller.
4. If within 14 days of receipt of written notification from the seller that the Goods are ready for delivery the Purchaser fails to take or pay for the Goods then, without prejudice to any other rights it may possess, the Seller may cancel the Contract, appropriate any deposit paid for the Goods and the charge the purchaser interest on the amount unpaid at the rate of 4% above the base rate of Barclays Bank plc from time to time until payment is made.
5. Risk of damage to or loss of the Goods shall pass to the Purchaser upon delivery of the Goods.
6. Notwithstanding the provisions of Claus 6 the property in the Goods shall not pass to the Purchaser until the Seller has received full payment for the Goods together with delivery of the used vehicle (if any) offered by the Purchaser in part exchange.
7. Until such time as payment in full has been made by the Purchaser, the Seller shall be entitled at any time to require Purchase to deliver up the Goods.
8. Any estimated date quoted for delivery of the Goods is approximate only and the seller shall not be liable for any loss suffered by the Purchaser arising from any delay in delivery of the Goods, howsoever caused, subject to the following:
- (a) If the Seller has failed to deliver the Goods within 21 days of the estimated date of delivery, the Purchaser may by written notice to the seller make time of the essence, and
- (b) If the seller fails to deliver the Goods within 7 days of the receipt of the Purchaser’s written notice the contract may be cancelled at the option of either Party, whereupon the deposit (if any) paid by the Purchaser shall be refunded in full but without interest.
9. In the event of the Seller accepting delivery from the Purchaser of a used motor vehicle as part allowance of the price of the Goods, such allowance is given and received, and such used vehicle is hereby agreed to be delivered and accepted upon the following conditions:-
- (a) (i) that such vehicle is the absolute property of the Purchaser free from all encumbrances; or
- (ii) that such vehicle is subject of a hire purchase or other encumbrance or encumbrances capable of discharge by the Seller, in which case the allowances shall be reduced by the amount required to be paid by the Seller in discharge of the encumbrance or encumbrances.
- (b) Fair wear and tear expected, the Purchaser shall deliver the said used vehicle to the Seller in the same condition as at the Seller’s examination of it on acceptance of it prior to confirmation and acceptance of this order, and
- (c) Such used vehicle shall be delivered to the seller within 14 days of written notification to the Purchaser that the Goods are ready for delivery and upon delivery properly and risk in the said used vehicle shall pass to the Seller.
- (d) If through no default on the part of the Seller the Goods shall not be delivered to the Purchaser within either 30 days from the date of Order of the estimated delivery date whichever is he later date, the allowance granted by the Seller on the said used vehicle shall be reduced by an amount of 2.5% for each complete period of 30 days from the date mentioned above until the delivery of the Goods.
10. Failure by the Purchaser to comply with the foregoing Conditions (other than 10(d)) entitles the Seller to be discharged from its obligation to accept the said used vehicle or 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.
11. Notwithstanding the provisions of this Agreement the Purchaser may before the expiry of 7 days following receipt by him of notification that the Goods are ready for delivery, arrange for the 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 pursuant and subject to Claus 10 shall be bought by the Seller at a price equal to such allowance and the Seller shall account to the finance company on behalf of the Purchaser for the said price and any deposit paid by him under the Agreement.
12. If the Goods to be supplied by the Seller are new, the following provisions shall have effect:
- (a) The seller undertakes that it will ensure that the pre-delivery work specified by the Manufacturer or Concessionaire is performed and that it will use its best endeavours to obtain from Manufacturer or Concessionaire he benefit of any warranty or guarantees given by it to the Seller or Purchaser.
- (b) Notwithstanding the sum of Car Tax and Valued Added Tax specified in the order, the sum payable by the Purchaser in respect thereof shall be such sum as the Seller has legally to pay at the time the taxable supply occurs.
13. If the Goods are to be supplied by the Seller as roadworthy used goods at the date of delivery and the sale of such goods is a Consumer Sale, the following provisions shall have effect:-
- i. The Goods are sold subject to any conditions or warranties implied by the Sales of Goods Act 1979 (as amended by the Sale and Supply of Goods Act 1994).
- ii. Prior to signing this order form from the Purchaser shall examine the vehicle and check the items set out in the Purchaser’s Certificate of Examination overleaf. S14 (2) of the Sale of the Goods Act 1979 (as amended) (satisfactory quality) does not operate in relation to those defects which examination ought to reveal, nor to any defect notified by the Seller to the Purchaser prior to the signing of the Contract.
(NOTHING IN THIS DOCUMENT SHALL RESTRICT THE STATUTORY RIGHTS OF A CONSUMER)
1. These terms and conditions, together with the details set out overleaf, are intended to contain all the terms of the agreement between us (the Company) and you (the Customer) relating to the repair, servicing or other work described overleaf ("the Work") to the vehicle identified overleaf ("the Vehicle") and/or the supply of goods, parts or other things to be supplied by the Company, whether or not in conjunction with the Work ("the Goods"). If you wish to rely on any amendment or addition, you should ensure it is confirmed in writing by one of our duly authorised representatives.
2. If we agree any variation in the Work to be done or Goods to be supplied, this shall be deemed to be an amendment to this Agreement rather than a new Agreement.
3. This Agreement is made in England, shall be subject to the exclusive jurisdiction of the English courts and shall be governed and construed in accordance with English law.
4. You warrant that you own the Vehicle or are duly authorised by the Owner to enter into this Agreement for the Work to be done on it on these terms.
5. An estimate is our considered approximation of the likely cost of the Work and/ or Goods, and is valid for 14 days from when we send it to you.
6. Any estimate is based on the published price for the Goods involved at the time of the estimate. If the manufacturer or other supplier of the Goods changes the published price after the date of the estimate, we will notify you of any consequent increase in the estimate. If the increase will be more than ten percent (10%) of the total estimate, you may give notice within 14 days cancelling this Agreement. If we do not receive notice of cancellation within this period, the estimate will be amended as proposed.
7. Unless otherwise agreed in writing, if it appears during progress of the Work that the estimate will be exceeded by more than ten percent (10%) of the total, we will notify you and will not continue with the Work unless you expressly authorise us to do so.
8. If you have left the Vehicle with us for an estimate but have not accepted the estimate, or have refused it but have failed to collect the Vehicle, within 14 days of the date of the estimate or (if later) the date of cancellation, we may charge you, at our published rates in force at that time, for the storage of the Vehicle from the end of that period.
9. All estimates are exclusive of any applicable Value Added Tax.
COMPLETION OF WORK AND PAYMENT
10. We will use our best efforts to do Work or supply Goods within any time estimate we have given you, but will not be liable for delays due to any cause outside our control.
11. We shall be entitled to sub-contract all or any part of the Work, but will be responsible for the quality of the sub-contractor's work.
12. If for any reason we do not carry out the Work in full, we will charge you only for Goods actually supplied or fitted and a reasonable amount for any Work actually done.
13. We will notify you when the Work is complete and the Vehicle and/or the Goods are ready for collection and (unless you have a credit account with us, in which case you must comply with the terms agreed in relation to the operation of such account) you must pay for the Work and/or Goods upon collection.
14. All payments must be made in cash or by a UK credit/debit card, unless we have agreed to accept a cheque, in which case the cheque must be drawn on a UK clearing bank and received not less than five banking days before you collect the Vehicle and/or Goods.
15. We are entitled to retain the Vehicle and/or Goods until you have paid for the Work and/or Goods in full.
16. If you fail to pay the full amount due and collect the Vehicle and/or Goods:
- 1. within 7 days of being notified that the Work is complete and/or that the Goods are ready for collection, we may charge you, at our published rates in force at that time, for the storage of the Vehicle from the end of that period;
- 2. within 3 months of being notified that the Work is complete and/or that the Goods are ready for collection, we may (after giving you 7 days notice of our intention to do so if you have not paid the full amount due and collected the Vehicle and/or Goods before such notice expires) sell the Vehicle and/or Goods, deduct the amount owing to us (including statutory interest, storage charges and the costs of sale) and pay the balance to you.
17. Unless otherwise agreed in writing, the Goods will be deemed to have been delivered to you at our premises when you collect them.
18. We will retain all parts replaced during any Work done, except for any to be returned under warranty or service exchange arrangements, until the Vehicle is collected, and will be free to dispose of them as we see fit if you do not specifically ask for them when collecting the Vehicle.
TRANSFER OF OWNERSHIP AND RISK
19. The Goods will continue to belong to us until you have paid for them in full. You will, however be responsible for any loss or damage from when they are delivered to you, and should insure accordingly. A cheque will not be treated as payment until it has been cleared. LOSS, DAMAGE AND LIABILITY
20. We will carry out the Work with reasonable care and skill, and warrant it will remain free of defects in workmanship for a period of 3 months or 3,000 miles, whichever occurs sooner, from the date the Work is completed. However this warranty will not apply if the Vehicle is involved in an accident or if and to the extent that a defect is caused or worsened by your (a) failing to inform us promptly of the defect and allowing us promptly to examine the Vehicle and endeavour to remedy the defect (b) misusing or neglecting the Vehicle or using or permitting it to be used for racing, rallying or similar sports (c) failing to comply with instructions from the manufacturer or from us concerning the treatment, maintenance and care of the Vehicle and/or Goods or to have it/them serviced in accordance with the manufacturer's instructions (d) fitting the Vehicle, or permitting it to be fitted, with parts or accessories which have not been approved by the manufacturer or (e) altering the Vehicle and/or Goods, or permitting it/them to be altered, in any manner which has not been approved by the manufacturer.
21. We will sell the Goods with the benefit of the manufacturer's warranty. The manufacturer's warranty is additional to your statutory rights, and is not affected by any change of ownership of the Goods. Remedial work under the manufacturer's warranty may be carried out by any dealer in the EEA authorised directly or indirectly by the manufacturer, who may repair or replace any defective Goods or (if he considers repair or replacement uneconomic) refund an appropriate part of the price you paid for them.
22. If the Work includes painting then, if the metal to be painted is rusted, we will take all reasonable precautions to prevent rust penetrating the paint after completion of the Work but cannot guarantee that this will not happen or that the new paintwork will match existing paintwork exactly.
23. You must observe the instructions for use, cautionary notices and other technical notices and information we supply you with the Goods.
24. Except where you are acting as the consumer, and except for fraud or for death or personal injury resulting from our own negligence, we limit our liability for any breach of this Agreement to the amount you gave paid for the Work and/or Goods and expressly exclude all liability for loss of profit, goodwill or contracts and for any indirect, consequential or economic loss.
25. You should remove any items of value not related to the Vehicle as we will not accept any liability for loss or damage to these which is not caused by our own negligence.
26. We will accept the return of any Goods which you did not order specifically, provided that you return them, in the same condition as when supplied, within 5 working days of delivery, produce our original invoice and pay (at the rate current on the date of return) our handling charges for the returned Goods.
27. If this Agreement has been concluded without any face to face contact between us or anyone acting on our respective behalves, you may give notice cancelling this Agreement before we begin the Work or (as the case may be) within 7 days of taking delivery of the Goods, whereupon you must either return the Goods to us or make them available for us to collect at your expense. You must take reasonable care of the Goods and will be responsible for any loss or damage from when they are delivered to you until when they are returned to us.
28. Save as above, we will not accept the return of any Goods which are not defective.
29. Any notice given under this Agreement must be in writing and sent by post to the address of the person to whom it is addressed as set out overleaf, and shall be deemed to have been received in due course of post.