Terms and Conditions for the Sale of New or Used Vehicles
Effective from 1st October 2021
Nothing contained in these Terms and Conditions will affect or restrict the statutory rights of a consumer under the Consumer Rights Act 2015
1. DEFINITIONS AND INTERPRETATION
1.1 In these terms unless the context requires otherwise:
a) ‘Vehicle' means the motor vehicle and any parts, accessories and extras
detailed in the Order (subject to clauses 5.4 and 5.5).
b) 'Part Exchange Vehicle' means the used vehicle (if any) offered by the Consumer
in part exchange for the Vehicle, details of which appear on the Order under the
heading 'Part Exchange Vehicle' or similar.
c) 'Order' means the order set out overleaf for the purchase of the Vehicle.
d) ‘Accessory' means an extra or accessory detailed in the Order.
e) ‘Trader' means the Trader named overleaf and includes its successors and
assigns.
f) ‘Consumer' means the person, firm or company placing the Order.
g) ‘CRA 2015’ means The Consumer Rights Act 2015
h) 'Contract' means the contract 'or the sale and purchase of the Vehicle(s)
Purchase Price' means the price for the Vehicle (including, where applicable, accessories,
road fund licence, delivery, warranty, insurance, fuel, car tax and value added tax)
current at the date of the Order.
i) ‘Allowance' means the amount specified on the Order as allowed by the Trader against a
Part Exchange Vehicle.
j) ‘Manufacturer' means the manufacturer of the Vehicle.
k) 'Estimated Delivery Date' means the estimated delivery date (if any) specified
on the Order.
l) 'Encumbrance' includes (without limitation any interest or equity of any person, any
mortgage, pledge, lien, assignment, hypothecation, security interest, title
retention of any other security obligation or any agreement or obligation to
create any of the foregoing.
m) ‘Completion' means the completion of the transaction, comprising the Trader's
delivery of the Vehicle, and the Consumer delivering the Part Exchange Vehicle
in accordance with clauses 9.3 and 9.5.
n) ‘Sales information’ means the sale information provided by the Trader and not
the manufacturer.
1.2 Headings are for convenience only and do not affect the construction of the Contract:
the masculine shall include all genders and the singular shall include the plural;
any reference to statutory provisions is a reference to such statutory provisions
as amended or re-enacted from time to time
1.3 These terms together with the terms set out on the Order are the only terms of the
Contract No variation to the Contract is effective unless agreed in writing by an
authorised representative of the Trader
2. FORMATION OF CONTRACT
2.1 The Order is the Consumer's offer to purchase the Vehicle upon these terms. The
Contract is formed upon the Trader accepting that offer by signing and dating the
Order.
2.2 The Contract is personal to the Consumer, who shall not assign the benefit of the
Contract without the prior written consent of an authorised representative of the Trader.
2.3 The Sales Information provided by the Trader will form part of the Contract but not otherwise.
3. CANCELLATIONAND DEPOSITS
3.1 Unless entitled to do so under clause 4.5, clause 5.3 or clause 14, the Consumer may not
cancel the Contract without the prior written agreement of an authorised
representative of the Trader. If the Consumer seeks to cancel the Contract in any
other manner, the Trader may retain any deposit paid (without prejudice to its other
rights and remedies). If the Consumer cancels under clauses 4.5, 5.3 or 14 the
Trader shall return to the Consumer any deposit paid and thereafter shall have no
further liability to the Consumer under the Contract.
4. DELIVERY
4.1 Unless otherwise specifically agreed in writing 'delivery' means the Trader's making
the Vehicle available at the Trader's premises for collection by the Consumer. Risk in
the Vehicle shall pass on delivery.
4.2 The Estimated Delivery Date is an estimate only. Time of delivery is not of the
essence of the Contract. The Trader shall endeavour to deliver the Vehicle by the
Estimated Delivery Date but shall not be liable for any loss, damage or delay
occasioned by failure to deliver on the Estimated Delivery Date.
4.3 As soon as the Vehicle is ready for collection, the Trader shall inform the
Consumer who shall then have seven days in which to pay the Purchase Price
(less the Allowance, if any) and take delivery of the Vehicle.
4.4 The Consumer shall not be entitled to take delivery of the Vehicle unless the
Purchase Price has been paid in full, and if he fails to pay, the Trader shall be entitled
to treat the Contract as repudiated by the Consumer. Until the Contract is so
terminated the Trader may, at its option, either store the Vehicle itself or have it
stored by third parties on such terms as the Trader in its absolute discretion
thinks fit. The cost of storage and any additional transportation will be added to
and form part of the Purchase Price. If the Trader treats the Contract as repudiated
by the Consumer, the Trader may (without prejudice to its other rights and remedies
under the Contract) retain any deposit paid by the Consumer and sell the Vehicle
and retain the proceeds of the sale.
4.5 If the Trader fails to deliver the Vehicle within thirty days after the Estimated Delivery
Date the Consumer may give seven days' notice to the Trader requiring delivery.
Failing such delivery the Consumer may cancel the Contract. If the Vehicle is a
new vehicle, the Trader may at any time cancel the Contract if the Manufacturer
ceases to make that type of vehicle.
4.6 Alternatively, if the Trader fails to deliver the vehicle within a reasonable time after
delivery of the vehicle from the manufacturer the rights of the Consumer are not
effected under the CRA 2015.
5. PRICE AND PRICE VARIATION
5.1 The Trader reserves the right to vary the Purchase Price by any amount
attributable to a variation in the cost or rate of road fund licence, car tax or value
added tax between the date of the Order and the date of delivery and the Consumer
shall be bound to pay the price as so varied.
5.2 If before the date of delivery a change occurs in the Manufacturer's (or relevant
concessionaire's) price for the Vehicle or any Accessory, the Trader shall notify the
Consumer:
a) if a price increase, of the amount of any such increase the Trader
intends to pass on to the Consumer by increasing the Purchase Price; or
b) if a price reduction, the amount by which the Trader intends to reduce the
Purchase Price (or that no reduction is intended).
5.3 The Consumer may cancel the Contract:
a) within fourteen days after the date of a notice under clause 5.2 (a); or
b) within fourteen days after the date of a notice under clause 5 2 (b) if the
amount by which the Trader intends to reduce the Purchase Price, as
stated in such notice, is less than the amount of the reduction in the
recommended price.
5.4 If the Trader is unable to supply any Accessory (of whatever nature) the Trader
may at its option either:
a) substitute a reasonable equivalent: or
b) delete the Accessory from the Order and reduce the Purchase Price by an
amount equal to the price of the Accessory in question.
5.5 The Trader's inability to supply any Accessory shall not constitute a breach of
contract nor entitle the Consumer to repudiate the Contract or reject the
Vehicle save that the Consumer’s rights to seek repeat performance from the Trader and to
seek a price reduction under the CRA 2015 are not affected by this provision in the contract.
6 METHOD OF PAYMENT
6.1 Unless otherwise agreed by the Trader (and in all cases other than a sale via a
finance company pursuant to clause 8) the Consumer shall pay the Purchase
Price in cash Credit card payments are not acceptable unless specifically agreed in
writing signed by an authorised representative of the Trader.
6.2 The Trader accepts payment by cheque only if the Trader receives the cheque at least seven
clear banking days before the date on which delivery of the Vehicle is intended to take place.
Payment shall not be deemed to have been made until cleared funds are received at the
Trader's bank.
6.3 An agreement to accept payment on credit terms shall be effective only if in writing signed by an
authorised representative of the Trader. Any agreed credit period shall commence from date of
delivery of a Vehicle and unless otherwise specified shall be seven days.
6.4 The Trader reserves the right at any time prior to payment to request banker's or any other
references as to the Consumer's financial status. Failing receipt of satisfactory references the
Trader may withdraw any agreement to receive payment otherwise than in cash on delivery.
6.5 Interest will be charged to the Consumer on all amounts remaining outstanding and unpaid after
the due date for payment and/or on all sums due by way of damages for breach of the Contract
at the rate of 2% per annum above the base rate of Lloyds Bank pic from time to time in force
and shall be calculated and accrue on a day to day basis from the date on which payment fell
due until payment in full has been received by the Trader (whether made before or after
judgement has been obtained). If no specific date for payment is set out in the Contract and
credit terms have not been agreed the due date for payment shall be deemed to be the earlier
of:
i) the date of delivery of the Vehicle; and
ii) the date which is seven days after notice from the Trader to the Consumer that the
Vehicle is ready for collection.
6.6 Normally, amounts received from the Consumer shall be applied in payment of the oldest debt
but the Trader may at any time in its absolute discretion appropriate any payment it receives to
such outstanding debt as the Trader thinks fit, notwithstanding any purported appropriation to
the contrary by the Consumer.
6.7 Any sums paid to the Consumer by the Trader by way of refund or otherwise under the exercise
of any rights under the CRA 2015 shall be repaid to the Consumer without undue delay and in
any event no later than 14 days from the day that the Trader agrees that the Consumer is
entitled to such refund
6.8 Any such payment as provided for clause 6.7 above shall be made by the Trader using the
same means of payment used by the Consumer unless the Consumer expressly agrees
otherwise without the imposition of a fee.
7. TITLE
7.1 Notwithstanding delivery, until the Trader has received from the Consumer payment of all sums
(whether by way of Purchase Price or otherwise) payable to the Trader, whether under the
Contract or any other contract, both beneficial and legal title to the Vehicle remain in the Trader.
7.2 Whilst title in the Vehicle remains in the Trader, the Consumer: •
a) shall be in possession of the Vehicle as bailee of the Trader and entitled to use the Vehicle
(and 'use' includes use in the ordinary course of the Consumer's business, as notified to the
Trader at time of Order, Of letting out vehicles on hire terms) until the occurrence of the first
of the events or dates specified in clause
b) shall keep the Vehicle safe and in good condition and insure it for its full replacement value
against all usual risks and shall forthwith upon receipt account to the Consumer for any
proceeds of such insurance, without deduction,
c) shall not without the Trader's prior written consent use the Vehicle for self drive hire,
hackney carriage or taxi work, racing or off-road, but the Trader shall be deemed to have
given consent to self drive hire where the Contract is on credit terms under clause 6.3 and
the Trader had actual notice at the time of receiving the Order that the Consumer intended
to let the Vehicle out on self-drive hire in the ordinary course of its business;
d) shall not create any Encumbrance over the Vehicle nor do anything inconsistent with the
Trader's title to the Vehicle;
e) irrevocably authorises the Trader's representatives to enter any premises at which the
Vehicle is situated for the purposes of inspecting the Vehicle and identifying it as the
Trader's property.
7.3 The Consumer's power of possession and use of the Vehicle shall terminate
a) on the date on which notice is given by the Trader under clause 7.4; and/or
b) if any of the following happens to the Consumer:
i) being an individual, he is unable to pay his debts within the
meaning of Section 268 of the Insolvency Act 1986 or a petition is presented or order
made for his bankruptcy or an interim order is made or, in Scotland, he is declared a
bankrupt;
ii) being a company, it is unable to pay its debts within the meaning of Section 123 of the
Insolvency Act 1986 or a petition is presented or a resolution proposed or passed for
its winding up or dissolution or an application or order is made for the appointment of a
liquidator or administrator or an encumbrancer takes possession of or a receiver is
appointed over all or any part of its assets or undertaking;
iii) a distress, execution or other process is levied on his undertaking or any part of his
assets and is not discharged within 7 days;
iv) he calls a meeting of or proposes or makes any arrangement or composition with all or
any part of his creditors;
v) any event or process of like nature to those set out in paragraphs b (i) to (iv) above in
any jurisdiction.
7.4 The Trader may by notice to the Consumer revoke the Consumer's power of possession and
use of the Vehicle:
a) if the Trader has any doubt as to the ability or willingness of the Consumer to pay to the
Trader any sum on the due date;
b) if the Trader has reason to believe the Consumer is in breach of any term of this or any
other contract with the Trader
7.5 Upon revocation or determination of the Consumer's power of possession and use of the Vehicle
the Consumer shall yield up the Vehicle in good condition to the Trader and (if so required by the
Trader) at its own expense deliver the Vehicle to an address in the United Kingdom specified by
the Trader and shall be deemed irrevocably to authorise the Trader to enter upon any of its
premises with or without vehicles for the purposes of removing the Vehicle.
7.6 The repossession of the Vehicle by the Trader in accordance with this clause shall be without
prejudice to all or any of the Trader's rightsor remedies against the Consumer.
8 FINANCE ARRANGEMENTS
8.1 Notwithstanding the foregoing provisions of this Contract, the Consumer may, within seven days
after receiving notification that the Vehicle is ready for delivery, arrange for a finance company to
purchase the Vehicle from the Trader for the Purchase Price upon the same terms (other than
the identity of the Consumer) as this Contract. Upon payment of the Purchase Price the finance
company so introduced shall be deemed to be the Consumer of the Vehicle (and all references
to the Consumer shall be construed accordingly) and the Trader will deliver the Vehicle to the
order of such finance company (and all references to delivery of the Vehicle shall be construed
accordingly, delivery to the Consumer first named in the Order being deemed to be effective
delivery to the order of the finance company).
8.2 If the Consumer introduces the sale of the Vehicle to a finance company, as specified in clause
8.1, the provisions of this Contract as regards the Consumer originally named in the Order shall
then cease to have effect with the exception of the terms relating to the Part Exchange Vehicle
(if any), which shall continue to have effect, with one variation: the Trader shall, on behalf of the
Consumer, account for the Allowance and any deposit paid under this Contract to the order of
such finance company. The finance company shall thus be substituted as the Consumer of the
Vehicle hereunder. The purchase of a Vehicle by a finance company at the request of the
Consumer shall not release the Consumer from his obligations under clauses 10 and 12 to
inspect the Vehicle and to satisfy himself that the Vehicle is suitable for his purposes.
9 PART EXCHANGE VEHICLE
9.1 The provisions of this clause 9 shall apply if the Consumer has proffered a Part
Exchange Vehicle. Where the Trader agrees to allow part of the Purchase Price to be
discharged by the Consumer's delivering to the Trader the Part Exchange Vehicle,
the Allowance is given and received and the Part Exchange Vehicle is delivered and
accepted as part of the Contract (and not as a separate contract between the
Consumer and the Trader) on the conditions set out in clauses 9.2 to 9.7 (both inclusive).
9.2 The Consumer passes to the Trader good title to the Part Exchange Vehicle either:
a) free from Encumbrances; or
b) If there are Encumbrances on the Part Exchange Vehicle but all are capable of
cash settlement, instead of applying the whole of the Allowance towards
payment of the Purchase Price, the Trader will apply the Allowance (up to the
whole amount) towards settlement of any obligations to third parties in respect of
the Part Exchange Vehicle which are capable of cash settlement, payment to any
such interested third parties to be made after the Trader has received the Part Exchange
Vehicle and made delivery of the Vehicle to the Consumer.
c) The Trader has had the opportunity to examine the Part Exchange Vehicle for the
purpose of calculating the Allowance and such examination has taken place; and
b) the condition of the Part Exchange Vehicle as delivered to the Trader
before or at the time of delivery of the Vehicle to the Consumer is substantially
the same as that existing at the time of the Trader's examination (fair wear and
tear excepted).
9.3 Risk in and title to the Part Exchange Vehicle shall pass to the Trader on
delivery.
9.4 Without prejudice to clause 9.3 (b) the Consumer shall deliver the Part
Exchange Vehicle to the Trader within seven days of notice to the
Consumer that the Vehicle is ready for collection.
9.5 If Completion takes place on a date which is more than-thirty days after the
date of the Order, except when the delay is a direct result of the Trader's
act or default, the Trader reserves the right to reduce the Allowance by an
amount equal to 2.5% of the Allowance for each completed period of thirty
days between the date of the Order and Completion.
9.6 If any of clauses 9.2 to 9.6 (both inclusive) are not fulfilled, the Trader
shall be discharged from any obligation to purchase the Part Exchange
Vehicle or to make the Allowance and the Consumer shall discharge the
Purchase Price in full in cash.
10.1 USED VEHICLES
If the Vehicle is a used vehicle, the Vehicle is sold:
a) subject to any defects which the Trader has drawn to the Consumer's
attention prior to the Consumer's placing the Order; and
b) subject to any defects which the Consumer discovered or ought
reasonably to have discovered upon examining the Vehicle prior to
placing the Order (irrespective of whether the Consumer has carried
out such examination) and in that regard the Consumer acknowledges
that he has been afforded the opportunity to examine the Vehicle.
11. WARRANTY AND PRODUCER DETAILS
11.1 If it is a new vehicle, the Vehicle is sold with the benefit of the Manufacturer's
warranty, the terms of which are specified in the service record and
warranty booklet or other similar documentation issued from time to time
by the Manufacturer, copies of which are available for inspection at the
Traders premises. The benefit of such warranty is in addition to any statutorily
implied warranty on the part of the Trader. Except where the Vehicle is
delivered to the order of a finance company pursuant to clause 8, the
Trader will supply to the Consumer a copy of the warranty terms on delivery
of the Vehicle.
11.2 Unless otherwise specified by notice to the Consumer, the producer of the
Vehicle (for the purposes of Section 2 of the Consumer Protection Act
1987) is the Manufacturer.
12 LIMITS OF LIABILITY
12.1 The Vehicle is sold strictly on the terms that the Consumer has inspected the
Vehicle and has satisfied himself of its suitability for his purposes and of its
satisfactory quality. The Consumer acknowledges that specifications and
details in any catalogue, and forecasts of performance, are approximate only,
and that such specifications and details and representations made by the
Trader to the Consumer do not form part of this Contract and that in
respect of such specifications, details, forecasts and representations the
Trader shall be under no liability nor shall the Consumer be entitled to any
remedy under the provisions of the Misrepresentation Act 1967 as amended by the
Consumer Protection (Amendment) Regulations 2014.
12.2 The Trader's total liability for the aggregate claims of the Consumer
arising out of a single act or default of the Trader (whether due to the
Trader's negligence or otherwise) shall not exceed the Purchase Price.
12.3 This provision in the Contract does not effect the rights of a Consumer to
seek a price reduction in the event that the Trader fails to perform a service
without reasonable skill and care
13. TERMINATION
Without prejudice to any of its other rights and remedies the Trader shall be
entitled to postpone delivery of the Vehicle and suspend performance of the
Contract and may by notice in writing to the Consumer terminate the Contract at
any time following the occurrence of any of the events specified in clause
7.3.
14 DISTANCE SELLING
14.1 If the contract has been completed without any face to face contact between the
Trader and Consumer, or anyone acting on your or our respective behalf, you may
give notice to cancel within 14 days without giving any reason.
14.2 The cancellation period will expire 14 days after the day on which the Consumer, or a
third party on your behalf, takes delivery or otherwise acquires physical possession of
the Goods. To exercise this right to cancel, the Consumer must inform us of your
decision to cancel the contract in writing by clear statement (e.g. a letter sent by post,
fax or email) to the Trader’s address as set out overleaf.
14.3 If the Consumer cancels the contract, the Consumer will be reimbursed (using the
same means), all payments received under the contract not later than 14 days after
the day on which the Trader receives the Goods back.
14.4 The Trader may withhold reimbursement until they have received the Goods back or
the Consumer has sent evidence of having sent back the Goods back, whichever is
the earliest. The Consumer should send back the Goods or deliver them back to the
Trader at the address shown overleaf, not later than 14 days after the day on which
you communicate your cancellation of the contract. The Trader will require the
Consumer to bear the cost of returning the Goods.
14.5 The Consumer must take all reasonable care of the Goods and will be responsible
for any loss or damage from when the Goods are delivered, until when they are
returned to the Trader.
15. FORCE MAJEURE
The Trader shall not be liable to the Consumer if unable to carry out any
provision of the Contract for any reason beyond its control including (without
limitation) Act of God, legislation, war, civil commotion, fire, flood, drought,
failure of power supply, lock out, strike, stoppage or other action by
employees or third parties in contemplation or furtherance of any dispute or
owing to the inability to procure parts or any vehicle required for the
performance of the Contract. Failure to deliver the Vehicle by reason of
any of the aforementioned contingencies shall entitle the Consumer to cancel
the Contract and the provisions of clause 3.1 shall apply.
16. NOTICES AND GENERAL PROVISIONS
16.1 No waiver of any of the Trader's rights under the Contract shall be effective
unless in writing signed by an authorised person on behalf of the Trader.
A waiver shall apply only to the specific circumstances in which it is given
and shall be without prejudice to the enforcement of the Trader's rights in
relation to different circumstances or the recurrence of similar
circumstances.
16.2 Any notice under these terms and conditions shall be properly given if in
writing and sent by first class post, telex or facsimile to the address of the
intended recipient as stated in the Contract or to such address as the
Trader and the Consumer from time to time notify to each other as their
respective addresses for service and shall be deemed served, in the case
of postal notice on the expiry of 48 hours from time of posting, in the case of
telex on the recording of the "answer back" code on the sender's machine,
and in the case of facsimile on completion of transmission by the sender.
16.3 Each of these terms and conditions and each paragraph hereof shall be
construed as separate conditions; should any provision be found to be
invalid or unenforceable or an unreasonable restriction of the Trader's
liability then such provision shall apply with such modification as may be
necessary to make it valid and effective.
16.4 English Law shall govern construction and operation of the Contract and the
Consumer agrees to submit to the exclusive jurisdiction of the English courts.