TERMS AND CONDITION OF SALE
"The Dealer", the person who is the vendor of the goods to the customer
"The Customer", the person contracting for goods
"Consumer", a Customer, being an individual who, for the purposes of purchase, is acting wholly or mainly outside of their trade, business, craft or profession
"Goods" means all vehicles as defined or other things to be sold by the Dealer to the Customer.
"Vehicle" includes any car, van, trailer, caravan, invalid carriage, motor cycle and generally each and every accessory to and component thereof.
Whole terms shell represent the whole contract between the Dealer and theCustomer rand represent a binding sale
They may be varied only by written agreement between the parties
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 effect. If by purchasing the vehicle it is believed the customer is in acceptance of all these terms stated in this whole agreement.
If the goods to be supplied by the Dealer are used, the vehicle is supplied as roadworthy at the date of delivery and, incase of consumer sales (as defined by the Sale of Goods Legislation):
Is sold subject to any conditions or warranties that are implied by the Sale of Goods Legislation or any amending status
Prior to paying for goods the Customer shall examine the Vehicle, and check the vehicle history and the purchaser is reminded that the conditions of satisfactory quality and fitness for purpose implied by the Sale of Goods Legislation do not operate in relation to such defects which the examination ought to reveal. Should the goods be sold also subject to defects notified by Seller to Customer before signing the agreement, the implied conditions of satisfactory quality and fitness for purpose do not operate in relation to these defects.
Save in the case of customer sale (as defined) all statements, conditions, or warranties as to the quality of Goods or their fitness for any purpose whether express or implied by law or otherwise.
Any manufacturer warranties transfer over to the customer. 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. Any amendments shall be written via email or letter.
RETENTION OF TITLE AND RISK
Risk of damage to and losses of Goods are at the risk of the Customer as soon as they are delivered/collected into physical possession of the Customer or their nominated representative.
It is customer duty to make sure they have the correct level of insurance cover before they take possession the vehicle. We do not provide any insurance once the customer takes physical possession of the vehicle and we will not be held liable for any claims made against the vehicle once the customer takes possession.
The Customer shall be liable to pay for the Goods upon notification by the Dealer that they are available for delivery/ collection. The Dealer may in it discretion demand a deposit (or reservation fee) of 10% or £250 which ever is lower, of final order value when the order for Goods is placed by the Customer and shall not be obliged to process the order or otherwise implement the contract until the deposit is paid in full. The dealer shall furnish the customer with paid receipts within 7 days of the full payment being received for the goods. Any outstanding balance for Goods is to be paid 24 hours before delivery or upon collection. No Goods will be delivered until payment is received in full, unless agreed otherwise.
If the payment is not received in full, the title in the vehicle remains in trade, the customer:
a)shall be in possession of the vehicle as bailee of the trade and entitle to use the vehicle until the occurrence of the first of the events or dates specified in clause
b)shall keep vehicle safe, in good condition and insured for its full replacement value against all risk and shall forthwith upon receipt account to the customer for any proceeds of such insurance, without deduction
c) shall not without the Trader's prior written consent use vehicle for self drive hire, taxi work, racing etc
d) shall not create any encumbrance over the vehicle nor do anything inconsistent with trade title to vehicle.
The customer's power of possession and use of vehicle shall terminate:
a) In the date on which notice is given by the trader
b)if any of the following happens to the customer:
being individual, he is unable to pay his debts within the meaning of Section 268 of Insolvency Act 1986
The Trade may by notice to the Customer revoke the Customer's power of possession and the use of the vehicle
if the trade has any doubt as to the ability or willingness of the Customer to pay to trader any sum on the due date
if the Trader has any reason to belive the Customer is in breach of any term of this or any other contract with Trader
When deposit is received the Vehicle will be taken of the retail and Customer is committed to purchase. The vehicle will be removed from the public sale for not longer than 7days, unless agreed otherwise. Deposit is non-refundable in order to cover all cost involved in vehicle preparation and loss of sale. Dealer however will refund the deposit in case of vehicle being faulty or not as described.
When reservation fee is placed, Customer is not committed to purchase. The vehicle will be removed from the public sale for not longer than 7days, unless agreed otherwise. Deposit is non-refundable in order to cover all cost involved in vehicle preparation and loss of sale
If the Vehicle is return to us for any reason other than when purchased without face-to-face contact we reserve the right to charge £100 administration fee that will be deducted from reimbursement.
There is a duty of care to you to return the Goods to us in a condition commensurate with that at the time of Collection. We reserve the right, entirely at Our own discretion to charge you any amounts required to return the Goods to their condition at the time of delivery.
The usage charge will be applied relating to the mileage that the vehicle has driven under your ownership, representing the increase in miles during the period between collection of the vehicle and return: 0-50 miles - no charge over 50 miles - £1 per mile
Any charges will be subject to VAT
PLACE OF DELIVERY
Unless otherwise agreed in writing delivery of the Goods shell take place at the Dealer's premises. If the Goods are delivered to customer home address the order is placed with the third party and delivery payment is non refundable unless delivery is not carried out. Risk of the Vehicle shall pass on delivery
Where the Dealer agrees to allow part of the price of the Goods to be discharged by the Customer delivering a used Vehicle in part exchange to the Dealer , in consideration of such allowance, it is hereby agreed that the following further conditions will apply:
-That the Dealer accepts the used vehicle in reliance of warranties granted by Customer overleaf, including but not limiting to the age, mileage and condition of the vehicle and that such a Vehicle is the absolute property of the Customer and is free from all encumbrances or that such Vehicle is the subject of hire purchase or agreement or other encumbrance capable of cash settlement by Dealer, in which case the allowance shall be reduced by the amount required to be paid by the Dealer in settlement thereof.
If the Dealer has examined the used vehicle prior to his confirmation and acceptance of this order, the used vehicle shale delivered to them in same condition at the same condition at the date of such examination (fair wear and tear excepted)
That such used Vehicle shall be delivered to the Dealer on or before delivered of the Goods to be supplied by them hereunder, and the property in the said used Vehicle shall thereupon pass the the Dealer absolutely.
That without prejudice to above,such used vehicle shall be delivered to the Dealer within 14 days of notification to the customer by the Dealer are available for delivery
In the event of the nonfulfillment of any of the foregoing condition,other than above, the Dealer shall be discharged from any obligation 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 OF THE CONTRACT
Goods supplied by the order of any person in the Customer's employment or by any person reasonably believed by the Dealer to be theCustomer's agent or by any person to him the Dealer is entitled to make delivery of the vehicle shell be paid by the Customer
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.
cancellation period will expire 14 days after the day on which you, or third party on your behalf, takes delivery or otherwise acquired 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 clear statement e.g. a letter, fax or email to our address
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
If you cancel this Agreement, we will reimburse you full payment received for the Goods under this Agreement, less delivery charges and 10% deposit, without undue delay, and not later than 14 days from receiving goods back.
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.
We may withhold reimbursement until we have received the Goods back. You should deliver them back to us at the address stated on the website, without undue delay and in any event not later than 14 days after the day on which you communicate your cancellation of this Agreement to us.
We require that you bare the cost of returning the Goods to us.
You must take responsible care of Goods whilst they are in your possession. You will be responsible for any looser damage from when they are delivered to you until when they are returned to us.
You are liable for any diminish value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods as well as any depreciation due to an increase in mileage. This mileage will be calculated accordingly and deducted from the reimbursement amount.
Delivery charges are made to third party and are non refundable under any circumstance if the Goods has been delivered.
If you reject the vehicle upon delivery (before the 14 day period) the deposit will be non refundable.
Unless agreed otherwise vehicles to be collected within 7 days from the initial deposit paid. We reserve the right to implement storage fee from day 8 at £15 per day in case of delay.
Any dispute regarding this agreement will be governed by English Law ads and will be subject to the jurisdiction of the Courts of England and Wales
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