1. Contract Terms
1.1 Please read these terms of sale (Terms) carefully as they set out the terms on which the Seller agrees to sell you a Vehicle(s).
1.2 The following definitions apply: "Business Customer" means a person other than a Consumer, including a person acting for purposes relating to that person’s trade, business, craft or profession; "Consumer" means a consumer as defined in the Consumer Rights Act 2015; "Contract" means the contract for the sale of the Vehicle(s) between the Seller and you, which consists of the Vehicle Order Form and these Terms; "Event Outside Our Control" means any event beyond the Seller's reasonable control, including (without limitation) delay or non-supply by the Vehicle manufacturer or other third party supplier of the Vehicle, damage or faults to the Vehicle caused prior to its delivery to us or by a third party, failure by the manufacturer to authorise delivery of the Vehicle, strikes or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of such attack, war (declared or not), fire, explosion, storm, flood, earthquake or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railway, shipping, aircraft, motor or other means of public or private transport; "Vehicle Order Form" means the vehicle order form emailed to you by the Seller; "Vehicle" means the vehicle(s) stated on the Vehicle Order Form.
2. Formation of the ContractAny quotation is given on the basis that no contract exists between the Seller and you until each of (i) you; and (ii) a duly authorised employee of the Seller, has signed the Vehicle Order Form. Neither payment of any amount by you in respect of the Vehicle(s) nor receipt by you of an acknowledgement of order e-mail/message will be taken as acceptance of an order or formation of the Contract.
3.1 The Seller will endeavour to deliver the Vehicle and any additional parts or accessories as agreed under the Contract within the time agreed or if no time has been specifically agreed, within a reasonable time. The Seller shall have no liability for any failure to deliver, or delay in delivering, any Vehicle where that failure or delay is caused by an Event Outside Our Control. If the Seller is responsible for a failure to deliver, or a delay in delivering, a Vehicle and you are a Business Customer then the Seller will not be liable for loss or damage of any kind caused directly or indirectly by any delay in the delivery of any Vehicle above an obligation, at the Seller's option, to supply you with an equivalent temporary vehicle or to pay the cost incurred by you for the hire of an equivalent temporary vehicle in the cheapest market reasonably available to you.
3.2 You may not terminate or cancel the Contract unless the delay in delivery exceeds 90 days or any second delivery date that has been agreed with you (whichever is the later).
3.3 Delivery will be made from the Seller's premises or to the new registered keeper at the new registered keeper’s home address (as agreed in the Contract). Where delivery is to take place at the new registered keeper’s home address, the Vehicle(s) will be driven to this address by the Seller (or its agent). Where the Contract is for more than one Vehicle the Seller may make delivery by instalments. If you fail to take delivery of a Vehicle within 7 days of being notified that it is ready for delivery/collection (as the case may be), you will be responsible for reasonable storage charges.
3.4 Please check the Vehicle(s) carefully on delivery. If you wish to claim for damage or for a shortfall in relation to the Vehicle(s), then you must advise the Seller promptly once you become aware of such damage or shortfall (or if apparent on delivery or collection, within 5 days of delivery or collection).
3.5 If you are a Business Customer and you become aware within the first six months after delivery, that a Vehicle (or any part of it) is not as described in the Vehicle Order Form or, has a defect in design, material or workmanship that was present on delivery, then you must notify the Seller within 5 days of: (i) delivery, or if later, (ii) the issue becoming apparent. The Seller will, at its option, repair or replace the Vehicle or affected part. If the Seller is unable to repair or replace within a reasonable period (taking into account the nature of the issue), then either party can terminate the Contract and the Vehicle must be returned to the Seller and the Seller will refund the purchase price, less a reasonable amount in respect of the use which you have made of the Vehicle. The Seller will not be liable to replace, repair or give a refund where: (i) the defect was not present on delivery; (ii) the defect has arisen as a result of fair wear and tear, wilful damage or negligence (with the exception of the wilful damage or negligence of the Seller); or (iii) you or a third party on your instructions have altered or repaired the Vehicle without the Seller's written consent.
3.6 If you are a Business Customer: (i) except as provided in this clause 3, the Seller shall have no liability to you in respect of a Vehicle which does not match its description in the Vehicle Order Form or which has a defect of design, material or workmanship, and in particular shall have no liability for any such failing first notified to the Seller more than 6 months after collection or delivery; and (ii) the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
3.7 This clause 3 does not affect your rights under any warranty or guarantee provided by the Seller or Vehicle manufacturer.
3.8 If you are a Consumer, your legal rights in relation to the Vehicle if it is faulty or not as described, are not affected by these Terms or any warranty or guarantee for the Vehicle. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.
The Seller will transfer to you the benefit of any warranty or guarantee given by the Vehicle manufacturer and will comply with the terms of any express guarantee provided in the Vehicle Order Form.
5.1 To the fullest extent permitted by law, the Seller will have no liability under the Contract for any loss which is not foreseeable (that is if it was an obvious consequence of our breach or if it was contemplated by both parties at the time of entering into the Contract), and, the Seller shall have no liability for any loss of profit, loss of revenue, sales, earnings and/or income, loss of business, loss of savings, business interruption or loss of business opportunity (irrespective of whether such losses are direct or indirect).
5.2 The Seller does not in any way exclude or limit liability for: a) death or personal injury caused by the Seller's negligence; (b) fraud or fraudulent misrepresentation; or (c) any matter in respect of which it would be unlawful for the Seller to limit liability and, where you are dealing as a Consumer, (i) any breach of the terms implied by section 17 of the Consumer Rights Act 2015 (right to supply goods and quiet possession); (ii) any breach of the terms implied by sections 9 to 14 of the Consumer Rights Act 2015 (satisfactory quality, fitness for purpose, description, pre-contract information, samples/models); or (iii) defective products under the Consumer Protection Act 1987.
5.3 If you wish to exercise your right to reject the Vehicle, then you must return the Vehicle to the dealership from which you purchased it.
6. Part Exchange Vehicle
6.1 Where you offer a vehicle in part exchange (the Exchange Vehicle) you confirm that you are the registered keeper of the Exchange Vehicle and that the details of, and statements about, the Exchange Vehicle provided by you are correct.
6.2 You agree the value of the part exchange allowance is based on the Exchange Vehicle's condition, including fitted extras, at the date of receipt by you of an acknowledgement of order e-mail in respect of the Vehicle(s). If there have been any changes to the Exchange Vehicle’s condition subsequently you must notify the Seller and the Seller may adjust the value of the part exchange allowance. If the Exchange Vehicle is not delivered to the Seller in the same condition (fair wear and tear excepted and with a reasonable mileage allowance up to the delivery date) or, when inspected and/or test driven by the Seller is not found to be as described by you, the Seller may make a reasonable deduction from the part exchange allowance to cover the cost of any repair required or reduction in value.
6.3 The Exchange Vehicle remains at your risk until actual delivery to the Seller.
6.4 You will hand over the Vehicle Registration Document for the Exchange Vehicle on delivery to the Seller. Any benefit in the Road Fund Licence for the Exchange Vehicle will be retained by you.
6.5 The Exchange Vehicle must have a valid MOT Certificate in force (where applicable) when it is delivered to the Seller, with not less than 2 months remaining until its expiry. The benefit of the MOT Certificate will pass to the Seller. The locking wheel nut tool (where applicable) and 2 working keys for the Exchange Vehicle must also be delivered by you to the Seller or the Seller may adjust the value of the part exchange allowance accordingly.
6.6 If the Seller discovers that any statements by you about the Exchange Vehicle were not correct, the Seller shall have, at its option, the right to:
6.6.1 recover from you any reduction in value of the Exchange Vehicle as a result of the incorrect statement, or the cost of a repair necessary to return the Exchange Vehicle to the expected condition; or
6.6.2 cancel the Contract.
7. Ownership and Risk
7.1 The risk of loss or damage to the Vehicle passes to you on delivery to/collection by you (as the case may be). Unless otherwise agreed with us in writing, you must have insurance for the Vehicle in place before delivery/collection can take place
7.2 The Vehicle will be owned by you when the Seller has received payment of the purchase price in full together with all other applicable delivery and other charges and the Vehicle has been delivered/collected (as the case may be). Where the purchase is being funded by a finance company then they may own the Vehicle until you have paid off the finance in full at which time ownership will pass to you. Under certain types of finance agreement, you may never own the Vehicle.
7.3 Until ownership of the Vehicle passes to you or your finance company, you will hold the Vehicle on our behalf and store the Vehicle at your own cost separately from all other products in your possession. You will not conceal or obliterate any mark placed on the Vehicle so as to be clearly identifiable as the Seller's property.
7.4 Where you are using a finance company, we may deal with the finance company directly and they may act on your behalf.
7.5 The Seller will be entitled at any time after payment for the Vehicle has become due to repossess the Vehicle and remove it to the Seller’s premises. You grant the Seller an irrevocable licence to enter any of your premises for the purpose of inspecting or repossessing the Vehicle.
7.6 If before the expiry of 7 days from the date when the Seller repossessed the Vehicle you pay all sums then due and owing to the Seller (including payment in full for the Vehicle) together with the costs of re-taking possession the Seller will re-deliver the Vehicle to you at your expense. If you fail to pay all sums due to the Seller within 7 days, the Seller will be entitled to re-sell the Vehicle and you will be liable to pay to the Seller the difference, if any, between (a) the Contract price of the Vehicle less any part-payment for the Vehicle made by you; and (b) the price obtained by the Seller on re-sale less the costs and expenses of re-taking possession and re-selling the Vehicle.
7.7 If you re-sell the Vehicle before ownership in the Vehicle passes to you in accordance with clause 7.1 you will account to the Seller for all the proceeds of any re-sale and before paying such proceeds to the Seller, you will hold the proceeds on the Seller's behalf and keep it separate from your other money. On receiving the proceeds from you the Seller will immediately return to you any sum received in excess of the total of all sums owed by you to the Seller as at the date of receipt by the Seller of the proceeds of sale (including the purchase price of the Vehicle).
7.8 Nothing in this clause 7 makes you the agent of the Seller in respect of any re-sale of the Vehicle by you to a third party so as to confer any third-party rights against the Seller.
8.1 Where there is a substantial delay in delivery of the Vehicle caused by an Event Outside Our Control and you are part exchanging a vehicle as part payment of the price, then the Seller may amend the value of the part exchange allowance shown on the Vehicle Order Form prior to delivery to reflect any decrease in value of the Exchange Vehicle. The Seller will notify you as soon as possible when a revised delivery date is provided of any such change in the part exchange allowance and if you do not notify the Seller within 14 days of notification of the change in the part exchange allowance that the Contract is terminated, then the allowance will be amended as proposed. If you do not agree with the change in the allowance, the Seller may cancel the Contract.
8.2 The price includes VAT, unless otherwise stated.
9.1 Unless otherwise specifically agreed, payment for the Vehicle must be made before delivery and the Seller must have received cleared funds in its bank account in respect of the price before delivery can take place. This includes cases where a finance company is funding the purchase of the Vehicle by you.
9.2 Payment can be made by credit or debit card (subject to limits set by the Seller from time to time) or electronic transfer of funds to the Seller's bank account.
9.3 Failure to pay any amount due will entitle the Seller to charge interest on the amount outstanding at an annual rate of 5% above Barclays Bank PLC base rate from time to time, calculated on a daily basis from the due date until the date of actual payment (after as well as before any legal judgment against you).
9.4 Notwithstanding any Contract term allowing you credit, payment will become immediately due and payable to the Seller if any of the events referred to in clause 15.1 occurs.
9.5 If you fail to make payment of any sum due on the due date under this Contract or any other contract with the Seller, or you fail to submit necessary documents to a third party finance provider when requested, or the finance agreement is not entered into for any reason within 4 weeks of receipt by you of the acknowledgement of order e-mail, the Seller may postpone delivery of the Vehicle or cancel this Contract or any other contract with you, but without limiting any other rights or remedies which the Seller may have in respect of such failure by you.
9.6 The Seller is entitled to use any payment made by you in respect of any goods in settlement of any outstanding invoices or accounts as the Seller in its absolute discretion thinks fit, notwithstanding any purported purpose indicated by you.
10.1 Where you deal as a Consumer and the Vehicle Order Form has been entered into (i) without any face to face contact between you and the Seller; or (ii) in a place which is not the business premises of the Seller, then you may give the Seller notice that you wish to cancel the Contract without giving any reason for doing so within 14 calendar days of the date of delivery of the Vehicle to you, unless the Vehicle is being built to, adapted or converted to your specification in which case this right to cancel does not apply. If you wish to exercise this right, you must send written confirmation by email or letter to the Seller. You can choose, but do not have, to use the cancellation form at the end of these Terms when providing us with your written notice of cancellation.
10.2 If you cancel the Contract under clause 10.1, then the Seller will reimburse any monies paid by you as soon as reasonably possible and in any event within 14 days of receiving your written notice of cancellation where the Vehicle has not been delivered or where it has been delivered, within 14 days of you returning the Vehicle to the Seller or making it available for collection by the Seller. The reimbursement will be made using the same means of payment as you used to pay the Seller, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.
10.3 If the Vehicle has been delivered to you, you must take reasonable care of the Vehicle while it is in your possession. If you cancel the Contract under clause 10.1, you will be responsible for any loss or damage from when you took delivery of the Vehicle to when the Seller receives it back. You will be liable for any diminished value of the Vehicle resulting from handling it beyond what is necessary to establish the nature, characteristics and functioning of the Vehicle.
10.4 If, in breach of the Contract, you attempt to cancel the order or fail to take delivery of the Vehicle at the agreed time or, if no time is agreed, within a reasonable time of the Seller informing you that the Vehicle is available, then the Seller may retain all or any of the deposit in accordance with clause 11.
10.5 If there is a failure or delay by the Seller in supplying the Vehicle or performing any of its obligations under the Contract, that is caused by an Event Outside Our Control, the Seller may cancel the Contract by giving written notice to you and will return your deposit so far as it relates to a Vehicle(s) not delivered or work not done. You will remain liable to pay for Vehicle(s) delivered and work done prior to the date of cancellation.
10.6 If the Contract is cancelled, any agreement by the Seller to take a vehicle in part exchange will also be cancelled unless the Exchange Vehicle has already been delivered to the Seller, in which case the Seller will repay you the part exchange allowance shown on the Vehicle Order Form (or such later allowance agreed with you).
10.7 If you default in accepting delivery of, or paying for, the Vehicle, then the Seller reserves the right to re-sell the Vehicle to a third party without giving written notice to you.
If the Seller cancels the Contract under the provisions of clause 15 or if you cancel the order in breach of contract or fail to take delivery of any Vehicle(s), any deposit paid by you will be retained by the Seller, provided that in the case of a Consumer, the retention does not exceed the actual losses incurred by the Seller as a result of your failure to take delivery, including the costs of re-marketing and/or re-sale of the Vehicle.
12. Vehicle Valuations.
When we value used vehicles (whether for sale or as part exchange) we are guided by their make and model, age, mileage, condition and specification. Used vehicles are not valued on the basis of their historical ownership or usage.
13.1 Where you have indicated that you are buying the Vehicle in whole or in part by means of a hire purchase, lease or conditional purchase agreement, or other financing arrangement, then:
13.1.1 You agree that you remain bound by the Contract as if you were purchasing and paying for the Vehicle in full, regardless of the invoice for the Vehicle and any other documents being addressed to a finance provider.
13.1.2 If the Seller suffers any loss (including loss of profit) as a result of you not entering into the agreement to fund the purchase of the Vehicle with a third party, or you providing any false or misleading information to that third party (directly or via the Seller) then you will be liable to pay the Seller in respect of such loss. The Seller can deduct the actual amount of loss incurred from the deposit paid by you.
13.1.3 The Seller consents to the Vehicle being sold on these terms to a third party nominated by you for the purpose only of providing the funding of the purchase to you. You agree to pay the Seller any costs, claims, loss or damage payable by the Seller to that third party, including any finance company, which results from the sale of the Vehicle to that third party and which would not have been payable had the Vehicle been sold directly to you.
14. Brochures etc.
If you are a Business Customer, no drawings, weights or dimensions issued by the Seller or the Vehicle manufacturer, nor any descriptions and illustrations contained in the Seller's or manufacturer's brochures, price lists or other advertising material will be deemed to form part of the Contract nor be regarded as a warranty or representation relating to the Vehicle.
15.1 The Contract will terminate immediately on the happening of any of the following events:
15.1.1 if you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets.
15.1.2 the Seller serves written notice on you that you have failed to observe or perform any of your obligations or duties under this or any other Contract with the Seller.
15.2 Termination of the Contract will be without prejudice to the rights, obligations and liabilities of either party already accrued.
Where you are dealing as a Consumer and you have a complaint or dispute with the Seller, the Seller operates its own complaints handling procedure. For full details of this procedure, please see the Seller’s website under “Customer Services”. In the event of us not being able to resolve the matter, you have a right to complain to the following CTSI certified alternative dispute resolution providers that deal with motor industry complaints: The Motor Ombudsman (themotorombudsman.org) or the National Conciliation Service (nationalconciliationservice.co.uk). The Seller confirms that it will engage with an alternative dispute resolution procedure operated by these providers. You may also have the right to complain to the Financial Ombudsman Service (financial-ombudsman.org.uk).
17.1 Any insurance premium stated on the Vehicle Order Form is subject to acceptance by the relevant insurance company.
17.2 The Seller can assign, sub-contract or sub-let the Contract or any part of it.
17.3 The Contract shall be governed by and construed in accordance with English law and it is agreed that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
17.4 Any formal notices to the Seller should be sent to its registered office. If the Seller needs to give you formal notice, this will be by email or by post to the address in the Vehicle Order Form or that the Seller otherwise holds for you.
17.5 No person who is not a party to the Contract between us acquires any benefit or right under the Contract.
17.6 If either party gives up their rights or remedies on one occasion that does not mean that they are doing so in respect of any other rights or remedies.
17.7 If any provision of the Contract is held to be illegal, invalid or unenforceable in whole or in part, that provision will to that extent necessary be deemed to not form part of the Contract and the legality, validity and enforceability of the remainder will not be affected.