as part of the D. M. Keith family
Conditions of Sale
1. Definitions
1.1 The "Company" means D.M. KEITH Limited
1.2 The "Purchaser" means the other party to an agreement for the supply of goods or services by the company.
1.3 "Goods" means the goods (including any instalments of the goods or any part of them if applicable) or services supplied by the company to the purchaser.
1.4 "Agreement" means an agreement governed by these general conditions of sale.
2. General
2.1 These conditions shall apply to any agreement between the Company and the Purchaser for the sale of Goods. All other terms, conditions and warranties whether express or implied, statutory or otherwise and all representations whether made orally or in writing before or after date of any order of any goods are (save as may be provided by law) excluded save to the extent that the same appear in these Conditions or specifically agreed after the date of any order in writing by the duly authorised representatives of both parties.
2.2 The company’s quotation is merely an invitation for an order subject to these conditions and no agreement will result until the Company’s authorised representative has confirmed such order in writing.
2.3 By making an order subsequent to receipt of, or opportunity to request for a copy of these Conditions, the Purchaser acknowledges that these Conditions shall prevail over any qualification or condition purported to be imposed by the Purchaser or any previous course of dealing between the Company and the Purchaser.
2.4 In the event that the Purchaser first receives these Conditions after the date of the Purchaser’s own order but prior to delivery of the Goods the Purchaser shall be deemed to have accepted the Conditions if it raises no objection within five days of notification thereof or accepts Goods pursuant to an order which has been confirmed by the Company subject to these Conditions.
2.5 Orders are accepted on the understanding that the Purchaser will promptly supply the Company with sufficient information to proceed. Otherwise the Company is at liberty to suspend work upon or cancel the order.
3. Publications
3.1 All descriptions and illustrations contained in the Company’s catalogues, price lists, advertising matter and other publications are merely a general Idea of the goods described in them and shall not form part of an agreement unless specifically incorporated therein as provided in clause 2.1.
3.2 The Company reserves the right to update and amend any specification of goods (including spare parts) without prior notice to the Purchaser.
4. Cancellation of Orders
4.1 No cancellation of any order will be effective unless in writing and until accepted in writing by the Company. The Company reserves the right to refuse to accept any cancellation and in particular no cancellation will be accepted of orders for Goods to special requirements or not normally stocked by the Company or if the manufacture, repair, or obtaining the Company of such goods is in process of being carried out or completed. Please click here to download our car order cancellation form.
5. Prices
5.1 Save as otherwise agreed all Goods will be charged at prices current at the time of the invoice being created.
5.2 Unless a binding written quotation is given by the Company, quoted prices may be amended to reflect fluctuation of costs (including the increase of wages, materials and component costs) between the date of quotation and the date of delivery. Binding quotes will be fixed for the period stated in the quotation or if no period is stated for 30 days except that in the case of suspension of work due to failure of the Purchaser to provide any information as required by clause 2.5 above. Quoted prices may be increased to cover any increase in cost due to such delay or suspension.
5.3 Unless otherwise agreed between the Company and the Purchaser prices quoted for delivery of goods are net ex-works, carriage being charged extra. All returnable containers and units will be chargeable and will be credited in full if returned to the Company’s supplying location carriage paid and in a good condition within 30 days of despatch thereof.
5.4 Unless otherwise marked or described specifically all prices are exclusive of VAT.
6. Terms of Payment
6.1 Payment for goods is made on or before delivery of the Goods in full unless a credit account is held with the Company. Payment on credit account shall be strictly on the 20th day of the month following delivery of the goods.
6.2 Overdue accounts shall bear interest at the rate of 2% per month or part of a month that payment is overdue
6.3 Overdue accounts will have supply of goods and services stopped and the payment for the total amount of monies owed to the Company will become immediately due for payment.
6.4 The Purchaser shall not make any deduction from the invoice price of Goods on account of any set-off or claim unless validity and the amount thereof have been admitted by any authorised representative of the Company in writing.
6.5 Trade discount on vehicle parts will only be given to bona fide members of the retail motor trade. Trade discount will only be considered if an official purchase order is supplied. The Company reserves the right at its sole discretion, to refuse any discount without prior notice and reason being given.
6.6 All cheques are only accepted as a promise of payment by the Company. Personal cheques are only accepted up to a limit of £100.00 and supported by a current Bankers Card.
7 Delivery
7.1 The Company will make every effort to maintain quoted delivery dates but unless any quoted delivery date is stated in writing by the Company to be binding term, such delivery dates shall not form part of any agreement between the Company and the Purchaser and the Company shall not be liable for failure to deliver the Goods by such dates.
7.2 Any delivery dates expressed to be binding shall in any event be extended by such period as the Company confirms to be necessary to reflect avoidable delay in delivery due to the Purchaser failing to supply information or materials required by the Company or any change of specification required by the Purchaser or any other cause beyond the Company’s control.
7.3 The Purchaser shall indemnify the Company for all storage and other costs incurred by the Company as a result of the Purchaser’s failure to accept delivery of the Goods if delivered at the Purchaser’s premises during normal business hours or at a previously agreed by the Purchaser. The Company may dispose of any Goods after 30 days from the date of delivery should the Purchaser fail or refuse to take delivery of the Goods.
8 Non-Delivery and Returns
8.1 Liability for non-delivery of goods will not be accepted by the Company unless it is notified in writing within 5 working days of the date of the invoice.
8.2 The Purchaser shall inspect the Goods immediately on delivery. Any shortages, breakages or defective Goods must be reported in writing to the Company within 5 working days of delivery. If the Purchaser shall not give notice within such period the goods shall be conclusively presumed to have been accepted by the Purchaser.
8.3 If the Company accepts the Purchaser’s claim under clause 8.2 above it shall be bound to repair or replace the goods or as its option to allow the Purchaser credit in respect of the Goods subject of the claim. The Company shall not be liable for any further claims for direct, indirect or consequential damage or loss and its sole obligation shall be the making of such repair or replacement or giving of credit as afore said.
9 Properties and Risk
9.1 Until all monies due to the Company have been paid by the Purchaser the goods shall remain the sole property of the Company as legal and equitable owner.
9.2 In the event that delivery of the Goods shall be made to the Purchaser prior to the passing of title the Purchaser shall be in possession of the goods solely as bailee for the Company until such time as the title has passed pursuant to clause 9.1.
9.3 Notwithstanding that title to the Goods shall remain with the Company; the Goods shall be at risk of the Purchaser as soon as they are delivered by the Company to the premises or otherwise to the order of the Purchaser. The purchaser will insure to their full value any goods where in the risk but not the title has passed to it and indemnifies the Company for loss, damage to, or destruction of any such goods. Any insurance monies payable in respect of such Goods shall be held in trust for the company.
9.4 Until title of the Goods shall pass as aforesaid: -
The Purchaser shall store and label the Goods in such manner that they shall at all times remain separate from the other Goods in the Purchaser’s possession and be readily identifiable as the Company’s goods:
(ii) The Purchaser shall be bound at the request of the Company to deliver up the Goods to the Company and for such purpose the Company may at any time and whether or not the Purchaser shall be in default in making payment under this contract in its absolute discretion recover from the Purchaser those Goods being in the Purchaser’s possession and for the purpose of such recovery the Company’s servants and agents may enter upon land or building upon or which the Goods are situated.
(iii) The company agrees to permit to dispose of the Goods in the course of its business as agent of the Company and pass good title to the Goods to its customer being a bona fide Purchaser for value without notice of the Company’s rights provided that such permission may be revoked at any time by notice by the Company and shall automatically and without notice be provoked upon the Purchaser committing an act of bankruptcy or upon commencement of liquidation proceedings compulsory or voluntary of the Purchaser or the appointment of the administrator, administrative receiver or judicial administrator over any part of the Purchaser’s assets. In the
Event of such disposal the Purchaser shall account to Company and shall have the right to trace the proceeds thereof but the Purchaser may retain there from any excess of such proceeds over the amount outstanding under this contract.
(iv) (a) Without prejudice to the provisions of clause 9.1 above the company consents to the use of the Goods by the Purchaser in the assembly of some other goods incorporating the Goods ("the Assembled goods") notwithstanding that title in the Goods shall not have passed to the Purchaser provided that such assembly does not result in the Goods being changed by any manufacturing process and the Goods may be recovered by disassembly of the assembled Goods;
(b) In the event of the Goods becoming incorporated in Assembled Goods the provisions contained in clauses (1) to (iii) of this clause shall apply to the storage, the retaking and the sale of the Assembled Goods but so that the Company’s right shall not in any event be extended beyond the ownership of the goods forming a part of the Assembled Goods and the right to retake the Goods (without liability for any loss to the Purchaser resulting from the disassembly of the Assembled Goods and to so much of the proceeds of sale thereof as is attributable to the goods).
9.5 If the Purchaser has not received payment for a disposal under clause 9.4 (iii) above then the Purchaser shall upon notice in writing by the Company assign to the Company all its rights against its customer in respect of that disposal.
9.6 In the event that the Company exercises its right of ownership so as to recover possession of the Goods or any of them the risk in the Goods retaken shall revert to the Company, its servants or agents and the Company shall have full and unencumbered right to dispose of the Goods or the proceeds of sale thereof.
10 Lien
10.1 The Company shall have a general lien against the Purchaser of any Goods of the Purchaser for the time being in the possession of the Company for amounts overdue under any contract. I any lien is not satisfied within 3 months of any payment aforesaid becoming overdue the Company may sell such Goods as agents for the Purchaser and apply the proceeds towards the monies due and the expenses of the sale and shall upon accounting to the Purchaser for the balance remaining, (if any) be discharged from all liability whatsoever in respect of such Goods.
10.2 In the event of the Company exercising a lien on Goods of the Purchaser, then the Company will deduct such charges for storage, cleaning or any other charges that the Company considers reasonable, from any proceeds from the sale of the said Goods as in
11 Guarantee
11.1 Should any failure of the goods occur within 6 months ( or such other period as shall be agreed in writing between the Company and the Purchaser) from the date of the delivery which is proved to the Company’s satisfaction to be the result of defective material or workmanship and not caused by fair wear and tear, damage in transit or accident, the Company, subject to condition 11.2 below, will supply replacement goods or where appropriate a new part free of charge and carriage paid and forward it to the Purchaser. This guarantee shall not be assignable without written consent of the Company.
11.2 The aforesaid guarantee shall not apply in respect of: -
11.2.1 defects or failures not reported to the Company within 30 days of the occurrence of failure with the Goods returned to the Company’s supplying location or as otherwise advised by the company within the same period:
1.2.2 any failure or damage due to goods being misused or neglected, operated in excess of their rated capacity or with dirty or unsuitable fuels or lubricating oils or under conditions detrimental to their successful running or likely excessive wear and tear;
11.2.3 Goods, which have been modified or re-worked by the Purchaser or any third party;
11.2.4 any direct, indirect or consequential liability, loss, injury or damage (other than death or personal injury) arising through any such failure or defect and the Company’s obligation shall subject to clause 12 below be limited to the replacement of the defective Goods aforesaid
12 Liability
12.1 The obligations of the company under clauses 8 and 11 are undertaken by the Company and shall be accepted by the Purchaser in lieu of and to the exclusion of all conditions and warranties, express or implied statutory (save for the implied condition as to the Company’s title to the Goods and for warranties implied in the case of a sale or Goods to a consumer) or otherwise. Save as provided in clause 12.2 the liability of the Company for loss or damage including consequential or indirect loss or damage to the Purchaser shall not in any event exceed the sum of £10,000 whether such liability arises in contract or in tort or otherwise howsoever.
12.2 The limitation or liability referred to in clause 12.1 shall not apply so as to exclude or restrict the Company’s liability for; -
death or personal injury resulting from negligence of the company or its servants and agents or
the breach of the Company’s implied undertaking as to title.
13 Patents and copyright
13.1 If the goods are supplied according to the Purchaser’s drawings or specifications, the Purchaser shall indemnify the Company against claims and any costs, expenses or liability of the company or action for any infringement or any patent, trademark, registered design, copyright or other industrial property right or any third party, ("Intellectual Property Rights") on account of their manufacture, Re-manufacture or repair by the Company.
13.2 Save in the case where clause 13.1 above applies if any claim is made against the Purchaser that the Goods infringe or that their use or re-sale infringes any Intellectual Property Rights, the company shall indemnify the Purchaser against all loss, damage, costs and expenses awarded against or incurred by the Purchaser in connection with the claim, or paid or agreed to be paid by the Purchaser in settlement of the claim, provided that: -
13.2.1 the Company is given full control of any proceedings or negotiations in connection with any such claim;
13.2.2 the Purchaser shall give the Company all reasonable assistance for purposes of any such proceedings or negotiations;
13.2.3 except pursuant to a final award, the Purchaser shall not pay or accept any such claim, or compromise any such proceedings without the consent of the company;
13.2.4 the Purchaser shall do nothing which would or might vitiate any policy of insurance cover which the Purchaser may have in relation to such infringement and this indemnity shall not apply to the extent that the Purchaser recovers any sums under any policy or cover ( which the Purchaser shall use its best endeavours to do);
13.2.5 the Purchaser shall take such steps as the Company may reasonably require to mitigate or reduce any such loss, damages, costs or expenses for which the Company is liable to indemnify the Purchaser under this clause.
14 Force Majeure
14.1 The company shall not be under any liability to the Purchaser in respect of any failure to perform or delay in performing any of its contractual obligations to the Purchaser attributable to any cause of whatsoever nature beyond the Company’s reasonable control and no such failure or delay shall be deemed for any purpose to constitute a breach of contract.
15 Trade Descriptions Act
15.1 The company cannot always guarantee that replacement parts originate from the vehicle manufacturer.
16 Termination
16.1 The following shall be treated as a breach of the terms of the agreement and the Company shall be entitled without prejudice to its rights and remedies to treat any such breach as a repudiation and determine the same accordingly: -
16.1.1 any failure of the Purchaser to take delivery of the Goods when required to do so or any failure of the Purchaser to remedy any material breach of its obligations under contract with the Company within 30 days of written notice from the company specifying the breach and remedial action required.
16.1.2 the levying of any distress, execution or other legal process upon any of the Purchaser’s assets
16.1.3 Any arrangement or composition between the Purchaser an its creditors (whether generally or pursuant to proposals made under section 1 of the insolvency act 1986) or any bankruptcy of the Purchaser or (if the Purchaser is a corporation) the passing of a resolution or making of any administration order in respect of the Company or the appointment of any liquidation administrative receiver, judicial administrator or receiver or manager in respect of any parts of the undertaking or assets of the Purchaser or any subsidiary or holding Company of the Purchaser.
16.2 Any failure on the part of the Company to terminate an agreement or take any action for enforcement of third agreement in consequence of any breach by the Purchaser, shall not operate as a waiver of the breach in question or prevent the company from subsequently enforcing its right in respect of any continuing or like breach.
17 Health and Safety
17.1 The Goods are sold on the basis that accepting them the Purchaser undertakes to the Company as follows: -
" We undertake to make available to those persons who will use the goods all information concerning the products which we shall receive from the retailer or manufacturer an we further undertake to take measures to ensure that such information is utilised to ensure so far as is reasonable practicable, that the Goods will be safe and without risk to health when properly used".
18 General
18.1 Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to the Company at its registered office marked for the attention of the Company secretary and to the Purchaser at its registered office, business or such other address as may at the relevant time have been notified to the company pursuant to this provision.
18.2 If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or part, the validity of these conditions and the remainder of the provisions in question shall not be affected thereby.
18.3 Every agreement to which these conditions apply shall be construed and take effect in accordance with the laws of England and the parties shall accept the non-exclusive jurisdiction of the English Courts.
19 Used cars
19.1 Used car orders and any allowance in respect of a used motor vehicle offered by the Purchaser are subject to acceptance by the Seller.
20.
(a)(i) Is sold subject to any conditions or warranties that are implied by the sale of Goods Act 1979 or any amending statue;
(ii) Prior to signing an order form the Purchaser shall examine the vehicle and the items set out in the Purchaser’s certificate on the order and the Purchaser is reminded that condition of merchantable quality implied by the Sale Goods Act 1979 does not operate in relation to such defects which that examination ought 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.
(b)Save in the case of consumer sales (as defined) all statements, conditions or warranties as to the quality of the goods or their fitness for any purpose whether expressed or implied by law or otherwise are hereby expressly excluded.
21 Only accessories fitted as new to the vehicle will be entitled to the benefit of any warranty given by the manufacturers of those accessories
21.1 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 in delivery. (The Seller shall not be obliged to fulfil orders in the sequence in which they are placed.)
21.2 If the Seller shall fail to deliver the goods within 21 days of the estimated delivery stated in this contract the Purchaser may by notice in writing to the Seller require delivery of Goods within 7 days of receipt of such notice. If the Goods are not to be delivered to the Purchaser within the said 7 days the contract shall be cancelled.
22 If the contract be cancelled under the provisions of the above clause hereof the deposit shall be returned to the Purchaser and the Seller shall be under further liability.
23 If the Purchased shall fail to take and pay for the Goods within 14 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 by reason of the Purchaser’s default.
24 D. M. Keith Group do not accept physical cash. Please pay directly into our bank account 24 hours before collection of the vehicle. We regret we cannot accept any credit or debit card payments for full vehicle purchases however will accept up to £1000 debit card & £500 credit card for deposit payments. Goods shall remain the absolute property of the Seller until the price has been discharged in full.
25 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;
25.1 That such used vehicle is absolute property of the Purchaser and is free from all encumbrances;
25.2 That such used vehicle is the subject of a hire purchase agreement or other encumbrance capable of cash settlement, in which case the allowance shall be reduced by the amount to be paid by the Seller in settlement thereof;
25.3 That if the Seller has examined the said used vehicle prior to his confirmation and acceptance of the order, the used vehicle shall be delivered to him in the same condition as at the date of such examination (fair wear and tear excepted);
25.4 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;
25.5 That without prejudice to 25.4 such used vehicle shall be delivered to the Seller within 14 days of notification to the Purchaser that the Goods to be supplied by the Seller have been completed for delivery;
25.6 That if the Goods 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 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 30 days from the date of the expiry of the first mentioned 30 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 25.6 the Seller shall be discharged from any obligation to accept the said used vehicle or to make any allowance in respect therefore, and the Purchaser shall discharge in cash the full price of the Goods to be supplied by the Seller.
26 DISTANCE SELLING
Under the Consumer Contracts Regulation, if you acting as a private consumer and enter into this Agreement without any face to face contact between us or anyone acting on our respective behalves, you have the right to cancel this Agreement within 14 calendar days without giving any reason. The cancellation period will expire after 14 calendar days from the day on which you or a third party acting on your behalf acquire the Goods. To exercise the right to cancel you must inform us of your intention to cancel the Agreement by a clear statement by completing the cancellation form on our website.To meet the cancellation deadline, it is necessary for you to send your communication concerning your right to cancel before the cancellation period has expired. 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.
27 Notwithstanding the provision of this agreement the Purchaser shall be at liberty before the expiry of 7 days after notification to him that the Goods have been completed for delivery to arrange for finance company to purchase Goods from the Seller at the price payable hereunder. Upon the purchase of the goods by the finance company, the preceding clauses of this agreement shall cease to have effect, but any used vehicle for which an allowance way 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 25 above (save that in (25.4),(25.5) and (25.6) 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 on behalf of the Purchaser for the said price and any deposit paid by him under this agreement.
New cars
28 A new car order and any allowance in respect of a used motor vehicle offered by the Purchaser are subject to acceptance by the Seller.
28.1 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 in delivery. (The Seller shall not be obliged to fulfil orders in the sequence in which they are placed.)
28.2 If the Seller shall fail to deliver the Goods within 21 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 the receipt of such notice. If the Goods shall not be delivered to the Purchaser within the said 7 days the contract shall be cancelled.
29 If the Goods to be supplied by the Seller are new, the following provisions shall have effect;
29.1 The agreement and the delivery of 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 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 manufacturer or concessionaire or by his compliance with such terms or conditions. A copy of the terms and conditions current so attached by the manufacturer or concessionaire may be inspected at the seller’s office;
29.2 The Seller undertakes that he will insure 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 the Purchaser in respect of the Goods and, save in the case of consumer sales all statements, conditions or warranties as to the quality of the goods or their fitness for any particular purpose, whether express or implied by law or otherwise are hereby expressly excluded.
29.3 If we are unable to supply any accessory (factory fitted or otherwise) you have ordered as part of the specification, we will contact you and offer at your option either to substitute a reasonable equivalent or to delete the accessory from this Agreement and adjust the Purchase Price accordingly. Subject to this, you shall have no claim against us in respect of our failure to supply any accessory, and shall not be entitled to cancel the Agreement.
29.4 If after the date of an order 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 manufacturers 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 the receipt of such notice. If the Purchaser does not give such notice as afore said 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 to the purchaser shall have the right to cancel the Contract
30 If the contract were cancelled under the provisions of clauses 28 and 29 hereof the deposit shall be returned to the Purchaser and the seller shall be under no further liability.
31 If the Purchaser shall fail to take and pay for the Goods within 14 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 by reason of the Purchaser’s default.
32 The goods shall remain the absolute property of the Seller until the price has been discharged in full. All payments must be via electronic bank transfer or credit / debit card up to the maximum value of £1000.
33 Where the Seller agrees to allow part 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 vehicle is hereby agreed to be delivered and accepted, as part of the sale and purchase of the Goods and upon the following conditions;
33.1 That such used vehicle is the absolute property of the Purchaser and is free from all encumbrances;
33.2 Or that such used vehicle is the subject of a hire purchase agreement or other encumbrance capable of 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;
33.3 That if the seller has examined the said used vehicle prior to his confirmation and acceptance of the 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). If the vehicle is delivered in a worse condition or with an unreasonable increase in mileage, we may nevertheless in our discretion agree with you a reduced Part Exchange Allowance and accept the Part Exchange Vehicle towards the Goods.
33.4 That such used vehicle shall be delivered to the Seller on or before delivery of the Goods supplied by him hereunder, the property in the said used vehicle shall thereupon pass to the Seller absolutely;
33.5 That without prejudice to above such vehicle shall be delivered to the Seller with 14 days of notification to the Purchaser that the Goods to be supplied by the Seller have been completed for delivery;
35.6 That if the Goods to be delivered by the Seller through no default on the part of the Seller shall not be delivered within 30 days after the date of the order or 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 30 days, from the date of the expiry of the first mentioned 30 days, to the date of delivery to the Purchaser of the Goods.
33.7 In the event of the non-fulfilment of any of the foregoing conditions, other than 33.6, 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.
34 DISTANCE SELLING
Under the Consumer Contracts Regulation, if you are acting as a private consumer and enter into this Agreement without any face to face contact between us or anyone acting on our respective behalves, you have the right to cancel this Agreement within 14 calendar days without giving any reason. The cancellation period will expire after 14 calendar days from the day on which you or a third party acting on your behalf acquire the Goods. To exercise the right to cancel you must inform us of your intention to cancel the Agreement by a clear statement by completing the cancellation form on our website .To meet the cancellation deadline, it is necessary for you to send your communication concerning your right to cancel before the cancellation period has expired. 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. 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
35 Notwithstanding to provisions of the order the Purchaser shall be at liberty before the expiry of 7 days after notification to him that the Goods have been completed for delivery to arrange 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 except clause 29.2 shall cease to have effect, but any used vehicle 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 33 above (save that in (33.4) and (33.6) 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 him under this agreement.
AFTERSALES TERMS AND CONDITIONS
GENERAL
1.These terms and conditions 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 ("the Work") to the vehicle identified on the sales invoice/job card and/or the supply of goods, parts or other items 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 England, shall be subject to the exclusive jurisdiction of the English courts and shall be governed and construed in accordance with English law.
4.You warrant that you own the Vehicle or are duly authorised by the Owner to enter into this Agreement.
5.The Company will hold displaced parts until the time of collection of the vehicle. If the Purchaser makes no instructions, the parts will become the property of the Company and will be disposed of at its discretion.
6.Trade Descriptions act: The Company cannot always guarantee that replacement parts originate from the vehicle manufacturer.
7 Customers vehicles are driven at their owners risk. Whilst the Company will take all reasonable steps to safeguard customer’s vehicles and property, no claims can be made in respect of damage or loss to any aforementioned.
ESTIMATES
8. An estimate is our considered approximation of the likely costs of the Work and/or Goods, and is valid for 14 days from when we send it to you in writing. Any estimate is based on the published price of the Goods involved at the time of the estimate. If the manufacturer or other supplier of the Goods change 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 10% of the total estimate, you may give written notice (email to suffice) within 14 calendar days to cancel this Agreement. If we do not receive notice of cancellation from you in writing within this period, the estimate will be amended as proposed. Unless otherwise agreed in writing, if it appears during progress of the Work that the estimate will be exceeded by more than 10% of the original estimate, we will notify you and will not continue with the Work unless you expressly authorise us to do so.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 calendar 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 the time, for the storage of the Vehicle until it is collected from you..
9.All estimates are inclusive of any applicable Value Added Tax at the date of the transaction (as amended from time to time).
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 caused outside of 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 and the Vehicle and/or the Goods are ready for collection and (unless you have a credit account with us, in 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 either; cash (the maximum amount of cash payment permissible being £10,000 including any deposit paid), banker’s draft or by UK credit/debit card (we do not accept Diners Cards), unless we have agreed to accept a cheque, in which case the cheque must be drawn on a UK clearing bank and received not less than 7 business 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 days of being notified that the Work is complete and/or that the Goods are ready for collection, we may charge you, at our published rates in force at the time, for the storage of the Vehicle until it is collected from you;
16.2 within 3 months of being notified in writing, that the Work is complete and/or that the Goods are ready for collection, we may (after giving you 7 calendar days written notice (email to suffice) of our intention to do so, if you have not paid the full amount fue and collected the Vehicle and/or Goods before such notice period expires) (subject to any third party interest/lien of the vehicle in question) sell the Vehicle and/or Goods, deduct the amount 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 we will be free to dispose of them as we see fit if 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 you should insure accordingly. A cheque will not be treated as payment until it has been cleared.
LOSS, DAMAGE AND LIABILTY
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 3 months or 3,000 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 manufacture’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 manufacturer’s warranty. The manufacturer’s warranty is additional to your statutory rights, and is not affected by any change in 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.
22.If the Work includes painting then, if the metal to be painted is rusted, we will take reasonable precautions to prevent rust penetrating the paint after completion of the Works but cannot guarantee that this will not happen or that the new paintwork will match the 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 buying as a consumer, and except for fraud or death or personal injury resulting from our own negligence, we limit our liability for any breach of Agreement to the amount you have paid for the Works 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 all 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 business days of delivery, produce our original invoice and pay (at the rate current on the date of return) our handing charges for the returned Goods.
DISTANCE SELLING
27.Under the Consumer Contracts Regulation, if you acting as a private consumer any Agreement has been concluded without any face to face contact between us or anyone acting on our respective behalves, you have the right to cancel this Agreement within calendar 14 days without giving any reason and return the goods at our expence. The cancellation period will expire after 14 calendar days from the day on which you or a third party acting on your behalf acquire the Goods. To exercise the right to cancel you must inform us of your intention to cancel the Agreement by a clear statement (e.g. in writing by post, fax, or e-mail).To meet the cancellation deadline, it is sufficient for you to send your communication concerning your right to cancel before the cancellation period has expired. For the avoidance of doubt this does not apply for any services/work we have carried out within the 14 calendar days cooling off period, where you will be charged in full for the services/work we have carried out and there will be no refund or cancellation period.
EFFECT OF CANCELLATION
28.(a) If you cancel this Agreement in pursuant to clause 27, we will refund you all payment received from you, including the cost of delivery (unless you expressly chose a method more expensive than the least expensive option in which case we will reimburse the value of the least expensive delivery method). We may make a deduction from the refund for the loss in value for any Goods supplied, if the loss is the result of damage or unnecessary handling by you.
(b) On cancellation the Goods shall be immediately returned to the Seller at the Purchaser’s expense.
(c) If you fail to deliver the Goods back to us within 14 calendar days, we will make a charge for the costs of recovering the Goods, which will deducted from the final refund.
(d) On cancellation any related credit agreement will be cancelled.
(e) We will make the refund without undue delay, and not later than 14 days after the day on which on which you returned the Goods supplied.
29.Save as above, we will not accept the return of any Goods which are not defective.
30.Any notice given under this Agreement must be in writing and sent by post first class to the address of the person to whom it is addressed as set out overleaf, and shall be deemed to have received in due course of post the following business day if posted in the UK.