Unless other terms and conditions are expressly accepted by the Seller by means of written amendment to these Terms and Conditions signed by one of the Seller’s Directors and referring specifically to the term or conditions to be amended the contract will be on the terms and conditions set out below (hereinafter called ‘The Contract Terms’) to the exclusion of any other terms and conditions (except those conditions unavoidably implied by statute and those terms and conditions implied in favour of a seller which are not inconsistent with the Contract Terms) whether or not the same are endorsed upon, delivered with or referred to in any Purchase Order or other document delivered by the Purchaser to the Seller. Any reference overleaf to the Purchaser’s Order Specification or like document will not be deemed to imply that any terms or conditions endorsed upon delivered with or referred to in such Order Specification or like document will have effect to the exclusion or amendment of the Contract Terms.
- Exclusion Clauses, Defects, etc.
- If the sale to the Purchaser is not a consumer sale as defined in the Supply of Goods (Implied Terms) Act 1973 the Seller will be under no liability under the Contract for any personal injury, death, loss or damage of any kind whatsoever whether consequential or otherwise and the Seller excludes all conditions and warranties express or implied statutory or otherwise which but for such exclusion would or might subsist in favour of the Purchaser except that such exclusion will not apply to the condition and warranty implied by the Supply of Goods (Implied Terms) Act 1973.
- Under no circumstances will the Seller be liable for any personal injury, death, loss or damage of any kind whatsoever whether consequential or otherwise caused directly or indirectly by any negligence on the Seller’s part or on the part of the Seller’s servants or agents whether or not in the manufacture, fitting, repair or inspection of the goods or in connection with any services supplied under the Contract whether or not at the Seller’s premises or at the Purchaser’s premises (this being without prejudice to any of the other Contract Terms).
- No recommendation by the Seller of any goods or services supplied by any other person shall make the Seller in any way liable in respect of such goods or services. 2.4 The purchaser will notify the Seller immediately any defect appears in the goods which the Purchaser considers is the responsibility of the Seller under the Contract Terms or otherwise and the purchaser will not take any action to have such defect remedied or to incur any expense (including but not limited to towing charges and car hire charges) arising as result of such defect without the prior consent of a director of the Seller. If the Purchaser fails so to notify the Seller and obtain such consent the Seller will not be liable either for the cost of any work carried out otherwise than by the Seller or for any such expense.
The Seller will endeavour to complete the Contract or deliver the goods within the time agreed and if no time is agreed within a reasonable time but in no circumstances will the Seller be liable for loss or damage of any kind whatsoever caused directly or indirectly by any delay in the completion of the Contract or the delivery of the goods nor will such delay entitle the Purchaser to repudiate or rescind the Contract. (The Seller shall not be obliged to fulfil orders in the sequence in which they are placed.)
- General Conditions
- The Seller undertakes that he will use best endeavours to see that the pre-delivery work specified by the Manufacturer or Concessionaire is performed and that he will use reasonable endeavours short of taking legal proceedings to obtain for the Purchaser from the Manufacturer or Concessionaire the benefit of any warranty or guarantee given by such person to the Seller or to the Purchaser in respect of the goods.
- Notwithstanding the sum for Motor 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 Motor Tax in respect thereof shall be such sum as the Seller has legally had to pay or becomes legally bound to pay for Motor 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 sum as the Seller becomes legally liable for at the time taxable supply occurs.
- If after the date of the Quotation and before delivery of the goods to the Purchaser the Manufacturer’s or Concessionaire’s recommended price for any of the goods shall be altered the Seller shall give notice of any such alteration to the Purchaser and
- In the event of the Manufacturer’s or Concessionaire’s recommended price for the goods being increased the amount of such increase which the Seller intends to pass to the Purchaser shall be notified to the Purchaser. The purchaser shall have the right to cancel the Contract with seven days of the receipt of such notice by giving written notice to the Seller to that effect. If the Purchaser does not give such written notice as aforesaid the increase in price shall be added to and become part of the Contract price.
- In the event of the recommended price being reduced the amount of such reduction, if any, which the Seller intends to allow to the Purchaser shall be notified to the Purchaser. If the amount allowed is not the same as the reduction of the recommended price the Purchaser shall have the right to cancel the Contract within seven days of the receipt of such notice by giving written notice to the Seller to that effect. If the Purchaser does not give such written notice as aforesaid the Contract will proceed at the Seller’s reduced price.
- In the event of the Manufacturer of the goods described in the Contract ceasing to make goods of that type, the Seller may (whether the estimated delivery date has arrived or not) by notice in writing to the Purchaser cancel the Contract.
- If the Contract be cancelled under the provision of Clauses 4.3.1, 4.3.2 or 4.4 the deposit shall be returned to the Purchaser and the Seller shall be under no further liability.
- All disputes must be raised within seven days from receipt f invoice.
- Standard Equipment
No allowance can be made for any part of the standard equipment not taken.
- Design, etc.
- No drawings, descriptive matter, weights, dimensions or shipping specification issued by the Manufacturer, nor the descriptions and illustrations contained in its catalogues price lists and other advertising matter shall be deemed to form part of the Contract of sale of the goods nor be regarded as a warranty or representation relating to such goods.
- In the vent of an alteration of the design, specification, construction and/or equipment of the goods by the Manufacturer the Seller reserves the right without previous notice supply the goods ordered within or without alteration.
- Purchaser’s Specification
- No terms or conditions are made or to be implied nor is any warranty given or to be implied as to the life or wear of the goods supplied or that they will be suitable for any particular purpose or for use under any specific conditions. Notwithstanding that such purpose or conditions may be known or made known to the Seller (this being without prejudice to the generality of Clause 2.1)
- The Purchaser warrants that such goods do not infringe any patent registered design or other like protection or the provision of any statute statutory instrument or regulation for the time being in force and the Purchaser will indemnify the Seller against any liability he may incur by reason of any such infringement.
- The Seller has the right to retain any drawings specifications or other documents supplied by the Purchaser.
- Failure to take delivery
If the Purchaser shall fail to take and pay for goods within seven 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 right to recover from the Purchaser by way of damages any loss or expense which the Seller may suffer or incur directly or indirectly by reason of the Purchaser’s default.
- Passing of Property and Risk
The goods shall remain the property of the Seller until the price has been discharged in full. A cheque given by the Purchaser in payment shall not be treated as a discharge until the same has been cleared. The risk in the goods shall pass on delivery to the Purchaser.
- Unless otherwise agreed payment must be made cash on delivery for vehicles.
- Parts and Service invoices must be settled within thirty days of invoice, including items covered by policy claim.
- Trade In
Where the Seller agrees to allow part of the price of the goods to be discharged by the Purchaser delivering a used motor vehicle to the Seller, such allowances is hereby agreed to be delivered and accepted, as part of the sale and purchase of the goods and upon the following further conditions.
- Either that such used vehicle is the absolute property of the Purchaser and is free from all encumbrances: Or that such used vehicle is the subject of a hire purchase agreement or other encumbrances 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 in settlement thereof.
- That if the Seller has examined the said used vehicle, the said used vehicle shall be delivered to him in the same condition as at the date of such examination (fair wear and fear excepted).
- That such used vehicle, its log book and keys shall be delivered to the Seller on or before delivery of the goods to be supplied by him hereunder, and the property in the said used vehicle shall thereupon pass to the Seller absolutely.
- That without prejudice to 11.3 above such vehicle shall be delivered to the Seller within fourteen days of notification to the Purchaser that the goods to be supplied by the Seller have been completed for delivery.
- That if the goods to be delivered by the Seller shall not be delivered to the Purchaser within thirty days after the date of the Acknowledgement of Order or the estimated delivery date where that is later, the allowance on the said used vehicle shall be subject to reduction by an amount not exceeding 2.5% for each completed period of thirty days from the date of expiry of the first mentioned thirty days to the date of delivery to the Purchaser of the goods. In the event of the non-fulfilment of any of the foregoing conditions other than 11.5 the Seller shall be discharged from any obligation to accept the said used vehicle or to make any allowance 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 goods to be supplied by the Seller.
Any notice given hereunder may be served personally or be left at the residence or place of business or registered office of the person to whom it is addressed, or may be sent by post, in which case notice shall be deemed to have been received in due course of post.
- Finance Company Agreements
Notwithstanding any other of the Contract Terms the Purchaser shall be at liberty before the expiry of seven days after the notification to him that the goods have 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 shall cease to have effect, but any used vehicle for which an allowance was thereunder 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 11 above (save that in 11.3, 11.4 and 11.5 thereof all references to “delivery” or “delivered” in relation to “the goods” shall be construed as meaning delivery or delivered by the Seller to or to the order of the finance company) and the Seller shall be accountable to the finance company on behalf of the Purchaser for the said price and any deposit paid by the Purchaser.
- Part Sales
- Parts ordered on a V.O.R. (Class 1) basis cannot be returned for credit.
- Any order parts returned, where the order has been correctly executed, will be subject to a 10% handling charge.
- Old care service exchange units must be returned within fourteen days of date of invoice. Failure to do this will result in us being unable to raise the credit note, the surcharge will then become payable.
- All parts for credit must be returned within fourteen days accompanied by the purchase invoice number – failure to do this will result in the credit note not being raised.
- All non credit transactions must be paid for on receipt or collection of goods and may be paid for by cheque up to a limit of £150. If total amount of goods exceed the said limit – cash or bankers draft is required to finalise the transaction – unless the upper limit is authorised by a Director or Senior Manager.
- It is the Purchaser’s responsibility to ensure that goods received are signed for upon collection or receipt.
- Warranty parts must be returned with a copy of purchase invoice within seven days.
- This Contract shall be construed and operate in accordance with English Law and the Purchaser hereby submits himself to the jurisdiction of the English Courts.
- The headings to these conditions are for convenience or reference only and will not affect the meaning or anything contained herein.
- Service Charges for Cash Customers
In the event of repairs being made to a customer’s vehicle 50% of the estimated cost of repair must be paid in advance. The balance must be paid in cash or by bankers draft on collection of the vehicle.