Nothing herin contained is intended, 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 document is a contract and
contains the terms and conditions on
which we, the seller supply the vehicle
to you, the purchaser. Signature of this
document indicates the purchaser's
intention and agreement to be legally
bound by these terms.
2. The purchaser should satisfy
themselves as to the vehicle's quality
and the general condition of the vehicle
in relation to its age prior to agreeing
to purchase the vehicle. Further, the
purchaser confirms that it has satisfied
itself as to the suitability of the vehicle
for its requirements and has. not relied
upon seller's skill or knowledge
regarding the vehicles fitness for any
particular purpose or use. For the
avoidance of doubt the purchaser
acknowledges and agrees this Clause 2
applies will also apply where the
vehicle has been purchased over the
telephone/via the internet.
3. The vehicle is supplied as 'Roadworthy'
(defined as holding a valid MOT
certificate of not less than 6 months
until expiry) at the date of purchase or
delivery (whichever the sooner) and is
supplied subject to any conditions and
warranties that are implied by the Sale
of Goods Act 1979 or any amended
statute in the case of consumer sales
(as defined by the Sale of Goods Act
1979). The purchaser is required to
examine the vehicle and the purchaser
is reminded that the condition of
merchandisable quality implied by the
Sale of Goods Act 1979 does not
operate in relation to such defects,
which that examination ought to reveal. Should the vehicle be sold also
subject to defects notified by the seller
to the purchaser before sale, the
condition of merchandisable quality
above referred to does not operate in
relation to those defects.
4. The purchaser acknowledges, at the
date of purchase or delivery (whichever
the sooner) of the vehicle, the vehicle is
sold with a three (3) month warranty in
relation to material defects with the
engine and gear box only. This
warranty does not apply to any other
part(s) of the vehicle.
5. For the avoidance of doubt, items
excluded from the warranty referred to
at Clause 4 of this document, include
but are not limited to any injury,
failure, loss or damage caused by,
arising from or in connection with the
following:
a) Corrosion, frost, salt, hail,
windstorms, lightning,
airborne fallout, (e.g.
chemicals, tree sap, bird
droppings, etc), water ingress
or flooding.
b) Wear and tear, normal
deterioration, routine
servicing, maintenance.
c) Faulty repairs, incorrect
servicing or failure to have the
covered vehicle serviced in
accordance with the
manufacturer's specification.
d) Lack of oil, fuel, lubricants,
hydraulic fluids or additives; or
foreign matter entering the
fuel, cooling, air conditioning
or lubrication systems; or use
of oil, fuel, lubricants,
hydraulic fluids or additives
which the manufacturer of the
vehicle does not recommend.
e) Vehicles modified in any way
from the original specification.
f) Any loss where the
speedometer has been
tampered with, altered,
disconnected or where the
mileage of the covered vehicle cannot be verified; or where
you or anyone else acting on
your behalf acts in a way that
prevents us from exercising
our right to inspect the
vehicle.
g) Damage or failure caused by
an excluded component.
h) If the vehicle has been used
for competitions of any kind,
racing, pace-making, rallies,
off road use including track
days, for any form of hire or
reward and usage for or by
driving schools.
i) Losses or damage due in any
way to any type of accident,
misuse or any act or omission
which is willful, unlawful or
negligent.
j) Any component which is
either subject to recall by the
covered vehicle's
manufacturer, manufacturing
defect or inherent design
faults.
k) Any electrical fault or failure
on the vehicle.
l) Cleaning, polishing, operations
performed under normal
maintenance, adjustments,
modifications, alteration,
tampering, disconnection,
improper adjustments or
repairs.
m) The seller will not pay for any
depreciation to the vehicle,
loss of earnings, death or
bodily injury, damage to
property or any other loss or
damage which is a direct or
indirect result of the failure of
the vehicle.
n) The purchaser should check
whether they have any other
insurance policies that may
cover additional damage or
related costs or losses not
covered by the warranty
referred to at Clause 4 of this
document.
6. Subject to the exclusions referred to at
Clause 5 of this document and, if within
the warranty period the vehicle
develops a material fault in relation to
its engine or gearbox, the seller agrees
to use its reasonable endeavours to
correct the fault. The seller is under no
obligation to and will not collect or
recover the vehicle from any location
including but not limited the
purchaser's home address. Any repairs
carried out under the warranty shall be
carried out at the seller's business
address. The purchaser at their own
expense, agrees to arrange for the
vehicle to be delivered to the seller's
business address in order for the seller
to carry out the necessary repairs.
7. The seller shall not be liable for any
claims in relation to any costs incurred
by the purchaser, if the purchaser
elects to have any part of the vehicle
covered by the warranty and within the warranty period serviced, repaired or
otherwise examined by any alternative
third party thereby denying the seller
the opportunity to correct any fault in
the parts covered by the warranty.
8. The seller shall endeavour to supply the
vehicle by the estimated delivery date
(if any) but does not guarantee the
time of delivery and shall not liable for
any damages or claims of any kind in
respect of any delay.
9. If the purchaser wishes to cancel the
contract, the seller, at its sole
discretion shall be at liberty to retain
the deposit (if any) paid by the
purchaser.
10. For the avoidance of doubt, the vehicle
shall remain the property of the seller
until the total purchase price has been
discharged in full. Any payment made
by the purchaser shall not be accepted
as a discharge until the same has been
cleared.
11. Except in respect of death or personal
injury caused by the seller's negligence,
or any loss caused by the fraud of the
seller, the seller shall not be liable to
the purchaser by reason of any
representation, or any implied
warranty, condition or other terms, or
any duty at common law, or under the
express terms of this contract, for any:
(a) loss or damage incurred by the
purchaser as a result of third party
claims;
(b) loss of actual or anticipated profits;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill;
(f) injury to reputation;
(g) any indirect, special or
consequential loss or damage
howsoever caused even if the seller
was advised of the possibility of them
in advance; or
(h) any direct or indirect loss or
disappointment caused by the
cancellation of the contract
which arise out of or in connection with
the supply of the vehicle or its resale by
the purchaser, except as expressly
provided in these terms and conditions.
Nothing in this clause shall operate to
restrict or exclude the seller's liability
or limit the purchaser's rights in any
way that cannot be restricted, excluded
or limited by law.
12. Any notices given hereunder must be in
writing 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 these conditions shall not be a
wavier of them or the right at any time
subsequently to enforce all of them.
14. If any provisions of these terms and
conditions is held by any competent
authority to be invalid or
unenforceable in whole or in part the
validity of the remaining provisions of
these terms and conditions and the
remainder of the provision in question
shall not be affected thereby. As far as
it is possible to do so any clause that is
in whole or in part invalid or
unenforceable shall be interpreted with
the minimum possible amendment so
that the clause or part thereof is found
to be valid and/or enforceable and
gives effect as far as possible to the
previously expressed intention of the
clause.
15. No person who is not a party to the
contract may in its own right enforce
any terms of the contract provided that
this clause shall not affect any right of
action of any person to whom this
contract is lawfully assigned.
16. These terms shall be governed by and
construed in accordance with English
law. The parties hereby submit to the
exclusive jurisdiction of the English
Courts.
16. These terms shall be governed by and
construed in accordance with English
law. The parties hereby submit to the
exclusive jurisdiction of the English
Courts.