Terms of Trade (Vehicle Sales)
Nothing herein contained is intended to affect nor will affect a Consumer's statutory rights under the Sale of Goods Act 1979 as amended by the Sale and Supply of Goods Act 1994 and the Re-Sale of Goods (Amendment) Act 1994 or the unfair Contract Terms Act 1977 or any amendment thereof.
1) The order form document and any allowance in respect of a motor vehicle offered by the Purchaser is subject to acceptance by the Seller.
CONDITION OF VEHICLE
2) The vehicle is supplied as roadworthy at the date of delivery and is supplied subject to any conditions or warranties that are implied by the Sale of Goods Act 1979, as amended by the Sale and Supply of Goods Act 1994 and the Sale of Goods (Amendment) Act 1994 or any amended statute in the case of the consumer sales (as defined by the Sale of Goods Act 1979, as amended by the Sale and Supply of Goods Act 1994 and the Sale of Goods (Amendment) Act 1994.
Prior to signing an order form the purchaser shall examine the vehicle and the items in the purchaser's certificate of examination herewith and the purchaser is reminded that the condition of merchantable quality implied by the Sale of Goods (Amendment) Act 1979, as amended by the Sale and Supply of Goods Act 1994 and the Sale of Goods (Amendment) Act 1994 does not operate in relation to such defects which that examination ought to reveal. Should the goods be sold also subject to defects notified by the dealer to the purchaser before signing the agreement, the condition of merchantable quality above referred to does not operate in relation to those defects.
3a) the Seller will endeavour to secure delivery of the goods by the estimated delivery date (if any) but does not guarantee the time of delivery and shall not be liable for any damages or claims of any kind in respect of delay. Delivery shall be deemed effected when the goods are made available for collection by the customer and the dealer has so informed the customer. (The Seller shall not be obliged to fulfil orders in the sequence in which they are placed).
b) if the Seller shall fail to deliver the goods within 28 days of the estimated date of delivery stated in this contract the Purchaser may, by notice in writing to the Seller, require delivery of the goods within 7 days of receipt of such notice. If the goods shall not be delivered to the Purchaser within these 7 days the contract shall be cancelled.
4) If the contract is cancelled under the provisions of clause 3 hereof the deposit shall be returned to the Purchaser and the Seller shall be under no further liability.
5) If the Purchaser shall fail to take and pay for the goods within 7 days of notification that the goods have been completed for delivery, the Seller shall be at liberty to treat the contract as repudiated by the Purchaser and thereupon the deposit shall be forfeited without prejudice to the Seller's rights to recover from the Purchaser by way of damage and loss or expense which the Seller may suffer or incur by reason of the Purchaser's default.
The goods shall remain the property of the Seller until the total purchase price has been discharged in full. The balance must be paid by cleared funds directly to the Seller's bank account by BACS or CHAPS transfer. BACS transfers require a 24 hour clearing period after the funds have been received before the payment will be treated as a discharge. Debit Card payment may be accepted upon receipt of the Seller's permission. Debit Card payments must be made in person using Chip & Pin only. Cheques and Bankers Drafts are not accepted. Due to money laundering regulations cash sums are not accepted. Cash sums deposited into the account are subject to a handling charge.
MANUFACTURERS TERMS AND CONDITIONS
6) If the goods to be supplied by the Seller are new the following provisions shall have effect:-
a) the agreement and the delivery of the goods shall be subject to any terms and conditions which the Manufacturer or Concessionaire may from time to time lawfully attach to the supply of the goods or the resale of such goods by the Seller and the Seller shall not be liable to any failure to deliver the goods occasioned by his inability to obtain them from the Manufacturer or Concessionaire or by his compliance with such terms or conditions. A copy of the terms and conditions currently so attached by the Manufacturer or Concessionaire may be inspected at the Seller's office.
b) the Seller undertakes that he will ensure that the pre-delivery work specified by the Manufacturer or Concessionaire is performed and that he will use his best endeavours to obtain for the Purchaser from the Manufacturer or Concessionaire the benefit of any warranty or guarantee given by him to the Seller or to the Purchaser in respect of the goods.
c) no allowance can be made for any part of the standard equipment supplied with the vehicle which the Purchaser does not wish to take.
CAR TAX & VALUE ADDED TAX
7) Notwithstanding the sum of Car Tax specified in the order, the sum payable by the Purchaser in respect thereof shall be such sum as the Seller has legally had to pay or becomes legally bound to pay for Car Tax in respect of the goods and notwithstanding also the sum for Value Added Tax specified in the order, the sum payable by the Purchaser in respect thereof shall be such as the Seller becomes legally liable for at the time the taxable supply occurs.
8) Distance Sale - Your right to cancel
You have the right to cancel this contract within 14 days without giving any particular reason.
The cancellation period will expire after 14 days from the day on which you, or a third party on your behalf, collect or take delivery of your vehicle.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement sent by post or email to our address. If required, you can request a template cancellation notice form from us but it is not obligatory to use this specific template.
To meet the cancellation deadline, it is sufficient for you to send your clear statement or form confirming your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you payments received from you, including the cost of delivering the goods to you (except for the supplementary costs arising if you chose delivery over collection or a type of delivery other than the least expensive type of standard delivery offered by us). This reimbursement is subject to the following conditions:
We may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of unnecessary handling by you. Anything over and above a standard test drive will be considered unnecessary handling and will lead to a deduction of £1 for each mile driven over 20 miles. In addition, we will also be entitled to make a deduction for any damage or excess wear.
We will make the reimbursement without undue delay, and not later than 14 days after the day we receive back from you the vehicle and all documents which were supplied including, but not limited to, service histories and the V5 documentation.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. This may include handing back any part exchange vehicle if still available and/or seeking payment from you to cover any negative equity.
We will withhold the reimbursement until we have received the goods and all paperwork back in good order.
It is your responsibility to return the vehicle without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of this contract to us.
You will remain liable for the vehicle and so for its tax, insurance, and any fines, charges or penalties until it has been accepted back to our premises.
You will have to bear the direct cost of returning the goods and take full responsibility for the safe return of the vehicle.
You are only liable for any diminished value of the goods resulting from the handling other than which is necessary to establish the nature, characteristics and functioning of the goods according to the previous reference to test drives.
9) In the event of the Manufacturer of the goods described in the order ceasing to make goods of the type the Seller may (whether the estimated delivery date has arrived or not) by notice in writing to the Purchaser, cancel the contract.
PART EXCHANGE VEHICLES
10) Whereby the Seller agrees to allow part of the price of the goods to be discharged to the Purchaser delivering used motor vehicles to the Seller, such allowance is hereby agreed to be given and received and such used vehicles is hereby agreed to be delivered and accepted, as part of the sale and purchase of the goods and upon the following further conditions:
a) i. that the Purchaser has good title to such used vehicles and it is free from any third party charge or interest.
ii. That such used vehicles is the subject of a credit sale agreement or other third party charge or interest capable of cash settlement by the Seller, in which case the allowance shall be reduced by the amount to be paid by the Seller in settlement thereof.
b) that if the Seller has examined the said used vehicles prior to his confirmation and acceptance of this order the said used vehicle shall be delivered to him in the same condition as at the date of such examination (fair wear and tear excepted).
c) that such used vehicles shall be delivered to the Seller on or before the delivery of the goods supplied by him hereunder, and the property in the said used vehicles shall thereupon pass to the Seller absolutely.
d) that without prejudice to c) above such used vehicles shall be delivered to the Seller within 7 days of written notification to the Purchaser that the vehicle to be supplied by the Seller is ready for delivery.
e) that if the vehicle to be delivered by the Seller through no default on the part of the Seller shall not be delivered to the Purchaser within 30 days after the date of his order or the estimated delivery date, where that is later, the allowance on the said used vehicle may at the Seller's discretion be subject to reduction by an amount not exceeding 2.5% for each year completed period of 30 days from the date of the expiry of the first mentioned 30 days to the date of delivery to the Purchaser of the vehicle being ordered on this form. In the event of the non-fulfilment of any of the foregoing conditions, other than e), the Seller shall be discharged from any obligation to accept the said used vehicles or to 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.
NOTICE TO PURCHASER
11) Any notice given hereunder must be in writing and sent by post to the residence or place of business of the person to whom it is addressed and shall be deemed to have been received in due course of post.
12) Notwithstanding the provisions of the agreement the Purchaser shall be at liberty before the expiry of 7 days after notification to him that the vehicle has been completed for delivery to arrange for a 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 vehicles for which an allowance was there under agreed to be made to the Purchaser shall be bought by the Seller at a price equal to such allowance, upon the conditions set forth in clause 10 above (save that in c), d) and e) thereof all reference to "delivery" or "delivered" by the Seller or to the order of the finance company) and the Seller shall be accountable for the finance company on behalf of the Purchaser for the said price and any deposit paid by him under this agreement.
NOTICE TO SELLER
13) Any notices given hereunder must be in writing and sent by the Customer by first class post to the Seller's place of business.
CONDITIONS OF ENFORCEMENT
14) Failure by the dealer to enforce at any time of for any period any one or more of the conditions shall not be a waiver of them or the right at any time subsequently to enforce all of them.
15) If you wish to make a complaint about our services please contact is in writing at PO Box 7764 Rushden Northants, NN10 1BR or email us at email@example.com.