Should a consumer have any rights under The Sale of Goods Act 1979 or the Unfair Contract Terms Act 1977 or the Unfair Terms in Consumer Contracts Regulations 1994 or any later amendments of these or any other relevant legislation and these rights conflict with these terms and conditions, then these rights shall prevail.
1. The motor vehicle is sold as roadworthy, or subject to any defects notified by us to you and accepted by you, at the date of delivery and if any fault occurs you have the right to rely on your statutory rights. If you have any doubts about your statutory rights under the Sale of Goods Act 1979 or otherwise, please contact your local Trading standards Department or Citizens Advice Bureau.
2. We will try to ensure delivery of the goods (“goods” in these Terms and Conditions is defined as our sales to you) by the estimated delivery date (if any) but cannot guarantee the delivery date. The estimated delivery date is calulated from the time we receive a confirmed order and deposit for the vehicle. Except where delay is caused by circumstances beyond our control you will be entitled to cancel the contract and receive repayment of your deposit if delivery has not taken place within 28 days of the estimated delivery date unless you have agreed otherwise, orally or in writing to accept late delivery. Where delay is caused by circumstances beyond our control we will not be liable for any damages related to the delay and in these circumstances we will contact you and agree an alternative date for delivery. Again if the vehicle is delayed by more than 28 days you may cancel the contract and any deposit paid by you shall be returned in full.
3. If the manufacturer of the goods described in the contract stops making goods of that type, we may (whether the estimated delivery date has arrived or not) give you written notice to cancel the contract. Any deposit you have paid to us will be returned to you.
4. If you fail to take and pay for the goods within 21 days of notification that the goods are available for delivery, we may treat the contract as cancelled and keep any deposit paid by you.
5. The goods shall remain our property until the price has been paid in full. Where payment is made by cheque the goods will remain our property until the cheque has cleared. Where payments over £500.00 are made by credit card, a charge of 2% is payable. The proceeds of any goods re-sold by you prior to the cheque having cleared are to be held by you in trust for us. The risk in the goods passes to you when you take delivery.
6. If the goods by us are new, the following provisions shall have effect:
a) We undertake to ensure that the pre-delivery work (factory fitted) specified by the Manufacturer or Supplier is carried out and that we will use our reasonable endeavours to obtain for you from the Manufacturer or Supplier the benefit of any warranty or guarantee given by them to us. These warranties or guarantees are in addition to and not in replacement of any warranties or guarantees given to you by us.
b) No allowance can be made for any part of the standard equipment supplied with the motor vehicle, which you do not wish to take.
c) If, after the date of this order and before delivery of the goods to you, the Manufacturer’s or Supplier’s recommended price for any of the goods is changed, we shall give notice of any change to you and:
( i ) If the Manufacturer’s or Supplier’s recommended price for the goods is increased you will be notified of the amount of the increase we intend to pass on to you. You have the right to cancel the contract within 7 days of receipt of this notification. If you do not cancel the contract the increase in price shall be added to and become part of the contract price.
( ii ) If the recommended price is reduced you will be notified of the amount of the reduction we intend to pass on to you. If the amount passed on to you is not the same as the reduction of the recommended price you have the right to cancel the contract within 10 days of receipt of this notification. If you do not cancel the contract the reduced price will be the contract price.
d) If you cancel the contract because of a price change notified by us to you for the same make, model and derivative as ordered, any deposit you have paid to us will be returned to you.
7. Any correspondence to you will be sent by normal post rather than registered delivery, to the address you have given on the Vehicle Order Form.
8. If you arrange a finance company to purchase the goods from us, we shall tell the finance company how much money has been agreed by us to be deducted from the purchased goods by form of deposit paid to us.
9. Written Quotes for vehicles are normally faxed or e-mailed on request and are valid for 7 days from the date sent.
10. Should either you or we not strictly enforce any obligation under this agreement at any time, this will not prevent that obligation being enforceable at a later date.
All prices exclude VAT. Alternative deals available. Finance subject to status. Written quotations are available on request. Savings shown are against manufacturer’s list price or manufacturer’s list price when new. To ensure the very best prices are always achieved, some vehicles may be unused pre-registered with delivery mileage. All offers supersede any previous offers. Prices shown are basic vehicle prices only and do not include a first registration fee (if applicable) at current rate, 12 months Road Fund Licence and optional extras e.g. metallic paint (unless otherwise stated). Deposits for ordered vehicles are non-refundable. Pictures are for illustration purposes only and are not necessarily an exact representation of the vehicle. Calls may be recorded for training purposes according to FSA and Ofcom regulations.