Nothing herein contained is intended to affect, nor will it affect, a consumers statutory rights under the Consumers Rights Act 2015 or any amendment thereof.
1. This order and any allowance in respect of a used motor vehicle offered by the Purchaser are subject to acceptance by the seller.
2. The vehicle is supplied as roadworthy as supported by a brand-new MOT issued and is supplied subject to the terms and conditions or warranties that are implied by Consumer Rights Act 2015 or any amended statue in the case of the Consumer Sales (as defined by the Consumer Rights Act 2015). The purchaser agrees that the vehicle matched the model and specification screen.
The purchaser shall examine the vehicle and sign a pre-delivery inspection not to confirm the vehicle is satisfactory, fit for purpose and free from any visual defects present and agreed the implied terms of satisfactory quality will not apply in reference to the Consumer Rights Act 2015.
3. Any accessories fitted or supplied by the seller will be entitled to the benefit of any warranty given by the manufactures of those accessories.
4. a) The seller will endeavour to secure delivery of the goods by the estimated delivery date or within the 30 days but does not guarantee the time of delivery and shall not be liable for any damages claims of any kind in respect of the delay. Delivery shall be deemed affected when the goods are made available for collection by the customer. (The seller shall not be obliged to fulfil orders in sequence in which they are placed).
b) If the seller shall fail to deliver the goods within 30 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 the said 7 days, the contract shall be cancelled.
5. If the contract is cancelled under the provisions of clause 4 hereof the deposit shall be returned to the purchaser and the seller shall be under no further liability.
6. If the purchaser shall fail to take and pay for the goods within 14 days of notification 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 sellers rights to recover from the Purchaser by the way of damages any loss or expense which Seller may suffer or incur by reason of the Purchase’s default.
7. The goods shall remain the property of the seller until the price has been discharged in full. A cheque given to the purchaser shall not be treated as a discharge until the same has been cleared. The proceed of any good re-sold prior to such payments are to be held in the trust of the seller. The risk in the goods passes to the purchaser when the purchaser is given possession.
8. If the goods to be supplied by the seller are new, the following provisions shall effect:
a) This agreement and the delivery of the goods shall be subject to any terms and conditions which the manufacturer concessioner may from time to time lawfully attach to the supply of goods or the resale of such goods by the seller, and the seller shall not be liable for any failure to deliver the goods occasioned by his inability to obtain them from the manufacturer concessioner or by his compliance with such terms and conditions. A copy of the terms and conditions currently so attached by the manufacture may be inspected at the seller’s office.
b) The seller undertakes that he will ensure that the pre delivery work specified by the manufacture or concessioner 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 the purchaser in respect of 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.
d) The sum payable by the purchaser in respect to thereof shall be such sum as the seller has legally had to pay or becomes legally bound to pay in respect of the goods and not withstanding also the sum of Value Added Tax specified by 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.
e) If after the date of this order and before delivery of the goods to the purchaser the manufacturer’s or concessioner’s recommended price for any goods shall be altered, the seller shall give notice of any such alterations to the purchaser and:
In the event of the manufacturer’s or concessionaire’s recommendation price for the goods being increased the amount of such increase which the seller intends to pass the purchaser shall be notified to the purchaser. The purchaser shall have the right to cancel the contract within 14 days of the receipt of such notice. It the purchaser does not give such 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 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 contract within 14 days of the receipt of such notice.
f) In the event the manufacture of the goods described in the order ceasing to make the 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.
9. Where the seller agrees to allow part of the price of goods to be discharged by the purchaser delivering a used motor vehicle to the seller, such allowance is hereby agreed to be given and received and such used vehicle is hereby agreed to be delivered and accepted, as part of the sale and purchase of the goods and upon the 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 vehicle 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 required to be paid by the seller in settlement thereof.
b) that if seller has examined the said used vehicle prior to his confirmation and acceptance of his 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 expected);
c) that such used vehicle shall be delivered to the seller on or before deliver of the goods to be supplied by him hereunder, and the property in the said used vehicle shall thereupon pass to the seller absolutely;
d) That without prejudice to c) above such used vehicle shall be delivered to the seller within 14 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 delivered shall be delivered by the seller through no fault on the part of the seller shall not be delivered to the purchaser within 30 days after the date of this order or the estimated delivery date, where that is later, the allowance on the said used vehicle may at the sellers discerption be subject to reduction at an amount not exceeding 2.5% for each completed period of 30 days from the date of expiry of the first mentioned 30 days, to the date of delivery to the purchaser of the vehicle being ordered on this form.
f) In the event of the non-fulfilment of any of the foregoing conditions, other than the sellers 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 goods to be supplied by the sellers.
10. Any notice given hereunder must be given in writing and sent by post to the residence or place of business of the person 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.
11. Notwithstanding the provisions of this 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 purchase the goods by such 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 proceeding clauses of this agreement shall cease to have effect, but any vehicle used for which an allowance was hereunder 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 8 above (save that in c),d) and e) there of all references to “delivery” or “delivered” in relation to “the goods” shall be constructed as meaning delivery or delivered by the seller or to the order of the finance company on behalf of the purchaser for the said price and any deposit paid by him under this agreement.
12. Any notice given hereunder must be written and sent by the purchaser by first class post to the seller’s place of business.
13. Failure by the seller to enforce at any time or for any period any one or more of the conditions shall not be waiver of them or the right at any time subsequently to enforce them all.
14. Deposits are not refundable.
15. Under the Consumer Rights Act 2015 if the purchaser wishes to reject the vehicle for a refund, and an agreement has been reached between the purchaser and the seller that a refund is due, then the purchaser must return the vehicle back to the dealer showroom at their own cost and claim any unexpired RFL from the DVLA.
16. Refunds agreed will be processed within 14 days of our receipt of all keys, MOT, service history, vehicle registration document/V’5/log book, locking wheel nut relating to the vehicle in question.