Terms and Conditions
Terms and Conditions
1.1 "The Supplying Dealer", "Broker", "Finance Company", the person who is the vendor of the Goods to the customer.
1.2 "The Customer", the person contracting for Goods and services to be supplied by the Dealer, Broker, Finance Company.
1.3 "Goods" means all vehicles as defined, or other things to be sold by the Dealer to the Customer.2 .Whole Contract
These terms shall represent the whole contract between the Dealer/Broker/Finance Company and the Customer. They may be varied only by written agreement between the parties.3. Enforceability
In the event of any one or more of these terms and conditions being declared unenforceable, the remaining terms and conditions shall nonetheless remain in full force and effect.4. Written Confirmation
The order and any allowance in respect of a Vehicle offered to the Customer are subject to acceptance and confirmation in writing by the Dealer.5. Delivery/Time Not of the Essence
5.1 Unless specifically agreed in writing, time for delivery is not essential.
5.2 Where the date for delivery of the Goods is not known at time of sale, any date provided is an estimate only and is dependent on the provision of the Goods to the Dealer by the Supplier/Manufacturer. The Dealer will use its best endeavours to secure delivery of the Goods by the estimated delivery date (if any) but does not guarantee the time of delivery. The Dealer shall not be obliged to fulfil orders in the sequence in which they are placed.6. New Goods/Used Goods
6.1 If the goods to be supplied by the Dealer new/used, the vehicle is supplied as roadworthy at the date of delivery and, in the case of consumer sales (as defined by the Sale of Goods Legislation):
6.1.1 Is sold subject to any conditions or warranties that are implied by the Sale of Goods Legislation or any amending statutes.
6.1.2 Prior to signing this Sales Invoice and Delivery Note, the Customer shall examine the Vehicle and items set out in the Customer's Certificate of Examination and the Customer is reminded that the conditions of satisfactory quality and fitness for purpose implied by the Sale of Goods Legislation do 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 Customer before signing the agreement, the implied conditions of satisfactory quality and fitness for purpose do not operate in relation to those defects.
6.2 Save in the case of Customer sales (as defined) all statements, conditions, or warranties as to the quality of the Goods or their fitness for any purpose whether express or implied by law or otherwise, are hereby expressly excluded.
6.3 The Purchaser shall be bound to pay any amount of car tax and value added tax or other tax or duty of the Seller has become legally bound to pay, notwithstanding any amount specified on the order form.7. Variation
Any variation agreed between the Dealer and the Customer regarding the Goods to be supplied shall be deemed to be an amendment to this Contract and shall not constitute a new contract.8. Delivery and Payment
8.1 The Customer/Broker/Finance Company shall be liable to pay for the Goods immediately upon notification by the Dealer that they are available for delivery. The Dealer may, at its discretion, demand a deposit at the time when the order for Goods is placed by the Customer and shall not be obliged to progress the order or otherwise implement the contract until the deposit is paid in full. The Supplying Dealer/Broker/Finance Company reserves the right to retain the deposit should the Customer cancel the order.
8.2 All final balances due must be paid by bank transfer.
8.3 If the Purchaser cancels the order after ordering additional extras on the vehicle, the Seller reserves the right to charge the costs for the value of the extras9. Place of Delivery
Unless otherwise agreed in writing delivery of the Goods shall take place at the Dealer's premises.10. Repudiation by Customer
10.1 If the Customer does not pay for and take delivery of its vehicle within 14 days of notification that the vehicle is available for delivery, the Dealer shall be at liberty to treat the contract as cancelled. If this happens, or if the Customer cancels the contract for any other reason not permitted by this contract, the Dealer will sell the vehicle to another person. The Dealer will refund the Customer's deposit but before the Dealer does so, the Dealer is entitled to recover from the deposit the additional costs the Dealer incurs in re selling the vehicle plus any reduction in the sales price achieved. The Dealer will keep the deposit whilst the Dealer displays and advertises the vehicle as being for sale.
10.2 Once the Dealer has sold the vehicle, the Dealer will notify the Customer within seven days as to how much the Dealer has lost as a result of having to re sell. If this amount is less than the Customer's deposit, then the Dealer will refund the balance of the deposit with the notification. If the claimable amount is more than the deposit, then the Dealer will include a statement showing how much the Customer owes the Dealer to make good the loss. The Dealer will provide copies of any receipts if the Customer requests them. 10.3 The Dealer reserves the right to make a reasonable daily charge for the storage of the vehicle or vehicles.11. Loss or Damage
The Dealer shall be responsible for the loss of or damage to any vehicle or its contents only if caused by negligence of the Dealer or its employees.12. Return of Deposit/Cancellation
If the contract is cancelled under the provisions of clauses 6 and 19, refer to clause 8.13. Retention of Title and Risk
13.1 Risk of damage to or loss of the Goods are at the risk of the Customer as soon as they are delivered into the physical possession of the Customer or their nominated representative.
13.2 Goods shall remain the sole and absolute property of the Dealer as legal owner until such time as the Customer/Broker/Finance Company shall have paid to the Supplying Dealer the full price.14. Part Exchange
14.1 Where the Dealer agrees to allow part of the price of the Goods to be discharged by the Customer delivering a used Vehicle in part exchange to the Dealer, in consideration of such allowance, it is hereby agreed that the following further conditions will apply.
14.1.1 that the Dealer accepts the used vehicle in reliance of the warranties granted by the Customer overleaf, including but not limited to the age, mileage and condition of the vehicle.
14.1.2 that such used Vehicle is the absolute property of the Customer and is free from all encumbrances.
14.1.3 that such used vehicle is the subject of a hire purchase or agreement or other encumbrance capable of cash settlement by the Dealer, in which case the allowance shall be reduced by the amount required to be paid by the Dealer in settlement thereof.
14.2 If the Dealer has examined the said used vehicle prior to his confirmation and acceptance of this order, the used vehicle shall be delivered to them in the same condition at the date of such examination (fair wear and tear excepted).
14.3 That such used Vehicle shall be delivered to the Dealer on or before delivery of the Goods to be supplied by them hereunder, and the property in the said used Vehicle shall thereupon pass to the Dealer absolutely.
14.4 The particulars of the used motor vehicle given by the Purchaser are correct and that so far as the Purchaser is aware the mileometer reading is accurate and the vehicle has not been registered as a Category S or N or has not been in an unregistered accident or incurred any other damage of any other nature.
14.5 The Seller shall be entitled to reserve the Allowance in regards to Clause 14.4.15. Authority to Uplift
Where a person who, so far as the Dealer is aware, has authority to uplift Goods or Vehicles and does so, the Dealer shall have no liability to the Customer for any loss or damage resulting on any grounds whatsoever. It shall not be obligatory upon the Dealer to confirm the authority of any person reasonably believed to be the agent, or to have been at some time, connected with the Customer.16. Authority to Drive
In connection with the supply of a Vehicle or an inspection or testing or the preparation of any estimate in connection therewith, the Dealer shall be entitled to drive the vehicle on the road or elsewhere as it shall deem necessary. These provisions shall apply also to any Vehicle offered by the Customer in part-exchange.
Roy Needham (Cars) Ltd, Wakefield Road, Barnsley, South Yorkshire, S71 1NT. Tel: 01226 779190 Authorised and regulated by the Financial Conduct Authority FRN 670801. VAT No 829657578.17. Data Protection
17.1 The Dealer will hold the information shown on the invoice as Data Controllers. This information may be passed to other carefully selected third party organizations. The Dealer, or they, may contact the Customer by email, telephone or letter to inform the Customer of products or services which may be of interest to the Customer, or the Customer may be asked to participate in a Customer survey by either the Dealer, the vehicle manufacturer or third party. If the Customer does not want their information to be used in this way the Customer should notify the Dealer by writing to the Dealer Principal at the Dealer's address.
17.2 We will use your personal information to process payment and supply the vehicle to you.
17.3 Finance Companies: if you seek our assistance in obtaining finance, we will pass on your personal information to finance companies.
17.4 Third parties: we will give your personal information to third parties where the law either requires or allows us to do so.
17.5 All the agreements between the Dealer and the Customer are personal to the Customer. The Customer may not assign his rights or liabilities to any third party by any means.18. Notices
18.1 All written notices given by the Dealer/Broker/Finance Company to the Customer shall take effect 24 hours after being despatched by the Dealer in the normal course of post to the Customer's address shown on the order or invoice.19. Distance Selling
19.1 If, and only if, the Customer has acted as a Consumer, where this Agreement has been completed away from the Dealer's business premises and/or without any face to face contact between the Dealer and the Customer; or anyone acting on the Customer's or the Dealer's respective behalf, the Customer may give notice to cancel this Agreement within 14 days without giving any reason.
19.2 This cancellation period will expire 14 days after the day on which the Customer, or a third party on the Customer's behalf, takes delivery or otherwise acquires physical possession of the Goods. To exercise this right to cancel, the Customer must inform the Dealer of their decision to cancel this Agreement in writing by clear statement (e.g. a letter sent by post, fax or email) to the Dealer's address.
19.3 To meet the cancellation deadline, it is sufficient for the Customer to send their communication confirming their exercise of the right to cancel before the cancellation period has expired.
19.4 If the Customer cancels this Agreement, the Dealer will reimburse to the Customer all payments received from the Customer under this Agreement, without undue delay, and not later than:
19.4.1 14 days after the day on which the Dealer receives the Goods back;
19.4.2 (if earlier) 14 days after the day the Customer provides evidence that the Customer has returned the Goods; or
19.4.3 if there were no Goods supplied, 14 days after the day on which the Dealer is informed about the Customer's decision to cancel this Agreement.
19.5 The Dealer will make the reimbursement using the same means of payment as the Customer had used for the initial transaction, unless the Customer has expressly agreed otherwise, but in any event the Customer will not incur any fees as a result of the reimbursement.
19.6 The Dealer may withhold reimbursement until the Dealer has received the Goods. The Customer should send back the Goods or deliver them back to the Dealer's address, without undue delay and in any event not later than 14 days after the day on which the Customer communicates cancellation of this Agreement to the Dealer.
19.7 This deadline is met if the Customer sends back the Goods before the period of 14 days has expired. The Dealer will require that the Customer bears the cost of returning the Goods to the Dealer.
19.8 The Customer must take reasonable care of the Goods whilst they are in their possession. The Customer will be responsible for any loss or damage from when they are delivered to the Customer until when they are returned to the Dealer.
19.9 The Customer is liable for any diminished value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.
19.10 The Dealer reserves the right to charge 45p per mile if the Customer exceeds 35 miles within his Cancellation Period.
19.11. Business to Business there is no cooling off period§
20. Right of Rejection (Rights)
The Customer has the right to reject the Goods on the basis of a fault within the first 30 days from the time the Customer has taken delivery of the Goods. However, it must be proven that the fault was there at the time of purchase (see Consumer Rights Act October 2015). The Customer must provide photographic evidence of the mileage at the time of rejection and return the Vehicle to the Supplying Dealer's premises within 48 hours. Any mileage incurred after this period will be charged at 45p per mile.
20.1 Where a fault occurs after the first 30 days and within six months of purchase, the Supplying Dealer/Broker/Finance Company has the right to opt to repair said fault in lieu f accepting the Vehicle being rejected.
20.2 Any repairs must be carried out by the Supplying Dealer. No third party can carry out repairs without authorisation by the Supplying Dealer. It is the Customer's responsibility to arrange for the Vehicle to be returned to the Supplying Dealer for any repairs.
20.3 If after 30 days and within six months of purchase it is agreed by the Supplying Dealer/Broker/Finance Company that the Customer wishes to reject the Vehicle under the Consumer Rights Act October 2015, the Supplying Dealer reserves the right to charge 45p per mile from the date of purchase. The Customer must return the Vehicle within 48 hours of rejection. In the event the Customer is unable to arrange the return, the Supplying Dealer reserves the right to charge the Customer for recovery costs.
20.4 If the Goods are returned in damaged state, the Supplying Dealer reserves the right to charge the Customer for repair costs. This charge can be deducted from the original sale price of the Goods.21.Force Majeure
The Seller shall not be liable to the Purchaser or be deemed to be in breach of the Contract for reasons of any delay in performing or any failure to perform any of the Seller's obligations in respect of the Goods.
a. acts of God, explosion, flood, tempest, fire or accident
b. war or threat of war, sabotage, insurrection, civil disturbance acts, restrictions, regulations, bye-laws, prohibitions, or measures of any kind on the part of any government, parliamentary or local authority
c. import or export regulations or embargoes strikes, lockouts or other industrial actions or trade disputes whether involving employees of the Seller or of a third party
d. difficulties in obtaining Goods, raw materials, labour, fuel, parts of machinery
e. strikes, lockouts or other industrial actions or trade disputes whether involving employees of the seller or of a third party.
f. difficulties in obtaining Goods, raw materials, labour, fuel, parts of machinery g. power failure or breakdown of machinery.22. Warranty
See Seller for details. If Purchaser modifies the vehicle in any way, the warranty will be invalid.
22.1. Business to Business we offer no warranty
22.2 If vehicle used for commercial use no warranty23. Dispute Resolution
A copy of the Complaints Procedure can be supplied on request.