TERMS AND CONDITIONS
Basis of Contract These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing. The Order constitutes an offer by the Customer to purchase the Vehicle in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order and any applicable specification submitted by the Customer are complete and accurate.
You are bound by these terms when you have signed and taken delivery of the order and commended payment of the purchase. The Customer waives any right it might otherwise have to rely on any term endorsed upon, delivered with or contained in any documents of the Customer that is inconsistent with these Conditions.
The Vehicle is described in the Dealer's catalogue or website as the Specification. The Dealer reserves the right to amend the Specification if required by any applicable statutory or regulatory requirements.
THE DEALER SHALL ENSURE THAT:
The delivery of the Vehicle is accompanied by a sales invoice/order form that shows the date of the Order, the contract number, the type of the Vehicle (including the registration number and current mileage of the Vehicle, where applicable); and If the customer requests delivery to their agreed address consideration to the request will be given, but they do not run an organised Distance selling Scheme and any delivery cost is non-refundable and it is the Customer’s responsibility, and cost, to return the vehicle.
Inspection of the vehicle
It is the customer’s responsibility to inspect the vehicle carefully prior to purchase. The Dealer cannot be held responsible for a customer’s failure to adequately inspect the vehicle.
The Dealer warrants that on the date of delivery, the Vehicle shall: be of satisfactory quality (within the meaning of the Sale of Vehicle Act 1979 and the Consumer Rights Act 2015); and be fit for any purpose held out by the Dealer. Subject to a warranty claim; the Customer gives notice in writing to the Dealer during the agreed period within a reasonable time of discovery that some or all of the Vehicle do not comply with the warranty set out in your purchased warranty contract; this applies to 1, 3,6 or 12 months warranty. The Dealer is given a reasonable opportunity of examining such Vehicle; and the Customer (if asked to do so by the Dealer) returns such Vehicle to the Dealer’s place of business at the Customer’s cost. The Dealer shall, at its option, repair or replace the defective Vehicle, or refund the price of the defective Vehicle in full. The Dealer shall not be liable for the Vehicle' failure to comply with the warranty set out in in any of the following events: the Customer makes any further use of such Vehicle after giving notice in accordance the defect arises because the Customer failed to follow the Dealer's oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Vehicle or (if there are none) good practice regarding the same; the Customer alters or repairs such Vehicle without the written consent of the Dealer; the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or the Vehicle differ from the Specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements. This does not affect the customer’s statutory rights.
Title and risk
The risk in the Vehicle shall pass to the Customer on completion of delivery.
Price and payment
The price of the Vehicle shall be the price set out in the Order. The Dealer may, by giving notice to the Customer at any time before delivery, increase the price of the Vehicle to reflect any increase in the cost of the Vehicle that is due to: any factor beyond the Dealer’s control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs).
LIMITATION OF LIABILITY
The restrictions on liability in this clause apply to every liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise. Nothing in in the Contract limits any liability which cannot legally be limited, including liability for: death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);fraud or fraudulent misrepresentation; breach of the terms implied by the Sale of Vehicle Act 1979 or the Consumer Rights Act 2015; or defective products under the Consumer Protection Act 1987.
Any notice given to a party under or in connection with the Contract shall be in writing and shall be: delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office; or sent by email to: firstname.lastname@example.org
Repairs and Rejections
It is the Customer’s responsibility to return the Vehicle to the Dealer, at their own cost, in the event that a repair or rejection is required.
Effects of cancellation
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 £1.25 for each mile driven over 20 miles. In addition, we will also be entitled to make a deduction for any damage, excess wear or valeting costs if required.
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. The vehicle must not be driven from the date you notify us of your cancellation, other than to drive it back 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.