Terms & Conditions:
1. PRICE AND SPECIFICATION
All vehicles are sold subject to specification and prices current at the time of collection/delivery. If after the date of this order, the Manufacturer’s recommended retail price for any vehicle shall be increased before delivery to the purchaser, the seller shall give notice of increase to the purchaser.
2. PASSING OF PROPERTY
Payment in full must be made on collection or before delivery, the vehicle remains the property of the purchaser until:
a. The purchase price has been discharged in full. A cheque given by the purchaser shall not be treated as a discharge until it has been cleared by the bank or building society.
b. The purchaser has complied in all respects with clause 6 below if applicable.
3. PASSING OF RISK
Notwithstanding the provisions of clause 2 above, the risk in the vehicle shall pass to the purchaser immediately upon delivery and the purchaser is recommended to ensure that he has adequate insurance for the vehicle in place upon collection.
4. DELIVERY
Delivery of the vehicle shall be made by the purchaser collecting the vehicle at the seller’s premises at any time after the seller has notified the purchaser that the vehicle is ready for collection, or if some other place for delivery is agreed by the seller.
The purchaser may request the seller to deliver the vehicle to the purchaser’s address or other address subject to the consent of the seller subject to the purchaser being liable to pay the company’s charges for transport, packaging and insurance.
If the vehicle is collected by the buyer at the seller’s address, then delivery deems to take place when the seller notifies the purchaser that the vehicle is ready for collection.
If the vehicle is to be delivered by the seller to the purchaser’s address or other place, delivery takes place when the vehicle has been delivered to the purchaser’s address or other place.
Any dates quoted for the delivery of the vehicle are approximate only, the seller shall not be liable for any delay of the delivery or service however caused.
Late delivery of the vehicle does not entitle the purchaser to do any of the following:
a. reject the vehicle
b. terminate the contract.
5. WARRANTY
The seller hereby warrants to the purchaser that the vehicle agreed to be sold on this order shall be fit for the purpose for which it is supplied and shall be of satisfactory quality, insofar as this is required under the Sale of goods Act 1979 as amended by the Sale and Supply of Goods Act 1994. Used machines within 1,000 miles or 2 months from date of purchase whichever is the sooner.
The seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the seller’s instructions (whether oral or in writing), misuse or alteration or repair of the goods without the seller’s approval.
6. PART EXCHANGE CONDITIONS
In the event of the purchaser offering and the seller agreeing to accept a used vehicle in part exchange, the part exchange allowance given hereby agreed to be given and received as part of the sale and purchase of goods on delivery of the part exchange and upon the following conditions which are declared to be true by the purchaser
a. that the particulars set out on the part exchange form are correct in their entirety.
b. That said vehicle form is the absolute property of the purchaser and is free from all encumbrances or that said vehicle is the subject of a hire purchase agreement capable of cash settlement by the seller in which case the allowance shall be reduced by the amount required to be paid by the seller on settlement thereof.
c. That said vehicle has not been involved in an accident.
d. That if the seller has examined the said used vehicle prior to his confirmation and acceptance of this order, the said used vehicle shall be delivered to him in the same condition as the date of such examination (fair wear and tear excluded).
e. That if the Seller has not examined the said used vehicle prior to his confirmation and acceptance of this order, the order is subject to a final inspection and acceptance of the said used vehicle, and may be cancelled at the seller’s discretion.
f. That said vehicle shall be delivered to the seller on or before delivery of the goods to be supplied by him and the property in the said used vehicle shall thereupon pass to the seller absolutely.
g. Based on the said used vehicles present condition and if it is not handed over by the purchaser to the seller in the same condition (wear and tear excluded) as at present the seller may make a reasonable deduction from the allowance to cover the cost of any repairs which may be necessary.
In the event of the non-fulfilment of any of the foregoing conditions the seller shall be discharged from any obligation to accept the said used vehicle or to make any allowance in respect thereof and the purchaser shall discharge in cash the full price of the good to be supplied by the seller.
7. TERMINATION
The right is reserved to the seller to terminate this contract if a received order shall be made against the purchaser or he should be declared bankrupt. In the case of a company the right is reserved to the seller to terminate the contract if a winding up or administration order be made against it.
8. DISTANCE SELLING
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.
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 clear statement (e.g. a letter sent by post, fax or email) to our address as set out overleaf. You may use the attached model cancellation form if you wish.
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 to you all payments received from you under this Agreement, without undue delay, and not later than: –
14 days after the day on which we receive the Goods back; or
(if earlier) 14 days after the day you provide evidence that you have returned the Goods; or:
If there were no Goods supplied, 14 days after the day on which we are informed about your decision to cancel this Agreement.
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.
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. You should send back the Goods or deliver them back to us at the address shown overleaf, 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.
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.
You must take reasonable care of the Goods whilst 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.
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.
9. FORCE MAJEURE
The seller shall not be liable to the buyer for any failure to deliver the vehicle due to events of Force Majeure being:
a. act of God, explosion, flood, tempest, fire or accident.
b. War or threat of war, sabotage, insurrection, civil disturbance.
c. Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
d. Import or export regulations or embargoes.
e. Strikes, lock outs or other industrial actions or trade disputes.
f. Power failure or breakdown in machinery
If the seller is prevented from delivering in the above circumstances it shall notify the buyer in writing as soon as practicable to jointly decide the continuance of the contract.
In the event of purchasing a used vehicle I/we certify that before signing the sales order my/our attention has been drawn to the age of the vehicle (as shown over) and the fact that any defects may be present on that account and the terms and conditions above have been drawn to my attention and I have been given adequate time to read them. In addition I/we understand it is a term of the contract that I/we should examine the vehicle before signing the purchase order to satisfy myself/ourselves as to its quality and that I/we have carried out such an examination, in particular our attention has been drawn to the following items: Tyres, frame and paintwork, plastic, trim and general condition with respect to its age. It is also my/our responsibility to ensure that the vehicle complies with road traffic legislation after leaving the sellers premises, for example it has a current vehicle licence and MOT certificate (if over 3 years old).