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Car Sales Terms and Conditions

Consumer transactions:

Nothing herein contained is intended to affect, nor will it affect, a consumers statutory rights under the Sale of Goods Act 1979 or the Unfair Contract Terms Act 1977 or any amendment thereof

1. This order and any allowance in respect of a motor vehicle offered by the Purchaser are subject to acceptance by the Seller.

2. The vehicle is supplied as roadworthy at the time of delivery and is supplies subject to any conditions of warranties that are implied by The Sale of Goods Act 1979 or any amendment in statute in the case of the consumer sales (as defined by The Sale of Goods Act 1979).

a. Prior to signing this order form the Purchaser shall examine the vehicle and the items set out in the Purchasers Certificate of Examination attached and the Purchaser is reminded that the condition of merchantable quality implied by The Sale of Goods Act 1979 does not operate in relation to such defects which the 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.

3. Any Accessories fitted or supplied by the seller will be entitled to the benefit of any warranty given by the manufacturers of those accessories.

4. a) 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 obligated to fulfil orders in the sequence in which they were placed).

b) If the Seller shall fail to deliver the goods within 28 of the estimated date of delivery stated in this contract the Purchaser may, by notice of 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 within 14 days of notification that the goods have been completed for delivery, the Seller shall be at liberty to treat the loss or expense which the Seller may suffer or incur by reason of the Purchaser’s default.

7. The goods shall remain the property of the Seller until the total purchase price has been discharged in full. A cheque given by the Purchaser in payment shall not be treated a discharge until the same has been cleared.

8. If the goods to be supplied by the Seller are new, the following provisions shall have effect:

a. This agreement and the delivery of the goods shall be subject to an terms and conditions which the Manufacturer or Concessionaire from time to time lawfully attach to the supply of the goods or the re-sale 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 Manufacturers or Concessionaire or by his compliance with such terms or conditions. A copy of the terms and conditions currently so attached by the Manufacturer and 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.

d. Notwithstanding the sum of Car Tax specified in the order, the sum payable by the Purchaser 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.

e. If after the date of this order and before delivery of the goods to the Purchaser the Manufacturer’s or Concessionaire’s recommended price for any goods shall be altered, the Seller shall give notice of any such alteration to the Purchaser and:

i In the event of the manufacturer’s or Concessionaires 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 within 14 days of such receipt of such notice. If the Purchaser does give such notice as aforesaid the increase in price shall be added to and become part of the contract price.

ii 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 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 14 days of receipt of such notice.

f. In the event of the Manufacturer of the goods described in the order 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.

9. 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 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 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 or (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 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 at the date of such examination (fair wear and tear excepted).

c. That such used vehicle 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.

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 to 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 this 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 amount net 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. 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 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.

10. 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.

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 to delivery to arrange for a finance to purchase he 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 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 8 above (save that in (c), (d) and (e) thereof all reference to ‘delivery’ or ‘delivered’ in relation to ‘the goods’ shall be construed as meaning delivery or delivered by the Seller or to the finance company on behalf of the Purchaser for the said price and any deposit paid by him under this agreement.

12. Any notices given hereunder must be in writing and sent by the customer by first class post to the Sellers place of business.

13. Failure by the dealer to enforce at any time or 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 them.

14. E&OE. Errors and Omissions Excepted.

Aftersales Terms and Conditions

(NOTHING IN THIS DOCUMENT SHALL RESTRICT THE STATUTORY RIGHTS OF A CONSUMER)

GENERAL

Nothing herein contained is intended to affect, nor will it affect, a consumers statutory rights under the Sale of Goods Act 1979 or the Unfair Contract Terms Act 1977 or any amendment thereof

1. These terms and conditions, together with the details set out overleaf, are intended to contain all the terms of the agreement between us (the Company) and you (the Customer) relating to the repair, servicing or other work described overleaf (“the work”) to the vehicle identified overleaf (“the vehicle”) and/or the supply of goods, parts or other things to be supplied by the Company, whether or not in conjunction with the work (“the Goods”). If you wish to rely on any amendment or addition, you should ensure it is confirmed in writing by one of our duly authorised representatives.
2. If we agree any variation in the Work to be done or Goods to be supplied, this shall be deemed to be an amendment to this Agreement rather than a new Agreement.
3. This Agreement is made in Scotland, shall be subject to the exclusive jurisdiction of the Scottish courts and shall be governed and construed in accordance with Scottish law.
4. You warrant that you owe the Vehicle or are duly authorised by the Owner to enter into this Agreement for the Work to be done on it on these terms.

ESTIMATES

5. An estimate is our considered approximation of the likely cost of the Work and/or Goods, and is valid for 14 days from when we send it to you.
6. Any estimate is based on the published price for the Goods involved at the time of the estimate. If the manufacturer or other supplier of the Goods changes the published price after the date of the estimate, we will notify you of any consequent increase in the estimate. If the increase will be more than ten per cent (10%) of the total estimate, you may give notice within 14 days cancelling this Agreement. If we do not receive notice of cancellation within this period, the estimate will be amended as proposed.
7. Unless otherwise agreed in writing, if it appears during progress of the Work that the estimate will be exceeded by more than ten per cent (10%) of the total, we will notify you and will not continue with the Work unless you expressly authorise us to do so.
8. If you have left the Vehicle with us for an estimate but have not accepted the estimate, or have refused it but have failed to collect the Vehicle, within 14 days of the date of the estimate or (if later) the date of cancellation, we may charge you, at our published rates in force at that time, for the storage of the Vehicle from the end of that period.
9. All estimates are exclusive of any applicable Value Added Tax.

COMPLETION OF WORK AND PAYMENT

10. We will use our best efforts to do Work or supply Goods within any time estimate we have given you, but will not be liable for delays due to any cause outside our control.
11. We shall be entitled to sub contract all or any part of the Work, but will be responsible for the quality of the sub-contractors’ work.
12. If for any reason we do not carry out the Work in full, we will charge you only for Goods actually supplied or fitted and a reasonable amount for any Work actually done.
13. We will notify you when the Work is complete abnd the Vehicle and/or the Goods are ready for collection and (unless you have a credit account with us, n which case you must comply with the terms agreed in relation to the operation of such account) you must pay for the Work and/or Goods upon collection.
14. All payments must be made in cash or by a UK credit/debit card, unless we have agreed to accept a chque, in which case the cheque must be drawn on a UK clearing bank and received not less than five banking days before you collect the Vehicle and/or Goods.
15. We are entitled to retain the Vehicle and/or Goods until you have paid for the Work and/or Goods in full.
16. If you fail to pay the full amount due and collect the vehicle/and or goods:
16.1. Within 7 ays of being notified that the work is complete and/r the goods are ready for collection ,we charge you, at our published rates in force at that time, for the storage of the veheicle from the end of that period;
16.2. Within 3 months of being notified that the work is complete and/or that the goods are ready for collection, we may (after giving you 7 days notice of our intention to do so if you have not paid the full amount due and collected the vehicle and/or goods before such notice expires) sell the vehicle and/or goods, deduct the aount owing to us (including statutory interest, storage charges and the costs of sale) and pay the balance to you.
17. Unless otherwise agreed in writing, the goods will be deemed to have been delivered to you at our premises when you collect them.
18. We will retain all parts replaced during any work done, except for any to be returned under warranty or service exchange arrangements, until the vehicle is collected, and will be free to dispose of them as we fit you do not specifically ask for them when collecting the Vehicle.

TRANSFER OF OWNERSHIP AND RISK

19. The goods will continue to belong to us until you have paid for them in full. You will, however, be responsible for any loss or damage from when they are delivered to you, and should insure accordingly. A cheque will not be treated as payment until it has been cleared.

LOSS, DAMAGE AND LIABILITY

20. We will carry out the work with reasonable care and skill, and warrant it will remain free of defects in workmanship for a period of 12 months or 12,000 miles, whichever occurs sooner, from the date the work is completed. However, this warranty will not apply if the vehicle is involved in an accident or if and to the extent that a defect is caused or worsened by your (a) failing to inform us promptly of the defect and allowing us promptly to examine the vehicle and endeavour to remedy the defect (b) misusing or neglecting the vehicle or using or permitting it to be used for racing, rallying or similar sports (c) failing to comply with instructions from the manufacturer or from us concerning the treatment, maintenance and care of the vehicle and/or goods or to have it/them serviced in accordance with the manufacturer’s instructions (d) fitting the vehicle, or permitting it to be fitted, with parts or accessories which have not been approved by the manufacturer or (e) altering the vehicle and/or goods, or permitting it/them to be altered, in any manner which has not been approved by the manufacturer.
21. We will sell the goods with the benefit of the relevant manufacturer’s warranty. The manufacturer’s warranty is additional to your statutory rights, and is not affected by any change of ownership of the goods. Remedial work under the manufacturer’s warranty may be carried out by any dealer in the EEA authorised directly or indirectly by the manufacturer, who may repair or replace any defective goods or (if he considers repair or replacement uneconomic) refund an appropriate part of the price you paid for them. Full details, visit the manufacturer website.
22. If the work includes painting then, if the metal to be painted is rusted, we will take all reasonable precautions to prevent rust penetrating the paint after completion of the work but cannot guarantee that this will not happen or that the new paintwork will match existing paintwork exactly.
23. You must observe the instructions for use, cautionary notices and other technical notices and information we supply you with the goods.
24. Except where you are acting as a consumer, and except for fraud or for death or personal injury resulting from our own negiligence, we limit our liability for any breach of this Agreement to the amount you have paid for the work and/or goods and expressly exclude all liability for loss of profit, goodwill or contracts and for any indirect, consequential or economic loss.
25. You should remove any items of value not related to the vehicle as we will not accept any liability for loss or damage to these which is not caused by our own negligence.

RETURNED GOODS

26. We will accept the return of any Goods which you did not order specifically, provided that you return them, in the same condition as when supplied, within 5 working days of delivery, produce our original invoice and pay (at the rate current on the date of return) our handling charges for returned goods.
27. If this agreement has been concluded without any face to face contact between us or anyone acting on our respective behalves, you may give notice cancelling this agreement before we begin the work or (as the case may be) within 7 days of taking delivery of the goods, whereupon you must either return the goods to us or make them available for us to collect at your expense. You must take reasonable care of the goods and will be responsible for any loss or damage from when they are delivered to you until when they are returned to us.
28. Save as above, we will not accept the return of any good which are not defective.

NOTICES

29. Any notice given under this Agreement must be in writing and sent by post to the address of the person to whom it is addressed as set out overleaf, and shall be deemed to have been received in due course of post.

30. For parts fitted in a warranty repair, the warranty period for that part ends at the expiry of the warranty period of the vehicle.