Please note that all calls are recorded for training and quality purposes.
VEHICLE SALES TERMS AND CONDITIONS
1) Definition:
'The Company' shall mean Manufacturer.
2) Deposit:
The deposit referred to in schedule 'B' having been paid upon the placing of this order the balance payable hereunder (or, as the case may be, the sum required to complete any deposit to a Finance Company) is to be paid prior to delivery. Payment shall be made in cash, unless the Seller agrees otherwise.
3) Delivery:
Delivery is to be taken at the Seller's place of business within seven days of notification to the Retail Customer that the vehicle is ready for delivery. The vehicle and other articles ordered (which latter articles in this Schedule are call the 'the accessories') will remain the property of the Seller until the price has been discharged in full. A cheque given by the Retail Customer in payment shall not be treated as a discharge until the same has been cleared and the allowance relating to any vehicle agreed to be taken in part exchange (hereinafter called the 'exchange vehicle') shall not be treated as a discharge unless legal title in the exchange vehicle in Schedule 'B' and on the face of the order.
4) Delay in Delivery:
(a) The Seller will use his best endeavours to secure delivery of the vehicle and the accessories on the desired delivery date or dates but shall be under no liability whatsoever for loss occasioned by delay in delivery arising our of any cause beyond the control of the Seller and this contract shall be subject to any conditions which the Company may
from time to time attach to the supply of the vehicle and the accessories to the Seller.
(b) Should the vehicle and accessories not be delivered within three months of the desired delivery date the Retail Customer may be giving written notice to the Seller cancel this contract and thereupon the deposit paid here under by the Retail Customer shall be returnable in full.
5) Forfeiture of Deposit:
If the Retail Customer should fail to take and pay for the vehicle and accessories within 7 days of notification as aforesaid the Seller shall be at liberty to treat the contract as repudiated by the Retail Customer and at his option to retain the said deposit or part thereof without prejudice to the Seller's right to recover from the Retail Customer by way of damaged any loss or expense which the Seller may suffer or incur by reason of the Retail Customer's default and the Seller shall be entitled to dispose of the vehicle and accessories as he shall think fit and shall not be under any liability to account to the Retail Customer for the price received therefore of for the said deposit.
6) Tax Charges:
If after the date of this contract and before delivery to the Retail Customer there shall be any alteration in the amount of any Taxes payable in respect of the vehicle or any of the accessories of the sale thereof, the Seller shall give notice of any such alteration to the Retail Customer and -
(a) In the event that any such alteration is an increase the price stated in Schedule 'A' shall be increased by the amount of such increase unless, within 7 days after such notice, the Retail Customer notifies the Seller that he declines to accept the increase, in which case , the Seller shall have the option by notice in writing to cancel this contract and
the deposit shall be returned to the Retail Customer.
(b) In the event that any such alteration is a reduction the price stated in Schedule 'A' shall be reduced by the amount of such reduction. The Retail Customer is aware that the amount of Car Tax (if any) payable as aforesaid is determined by reference to the date on which an authorised Dealer first purchases the vehicle from the Company of delivery of the vehicle is made such Dealer and accordingly such amount may differ from the rate at the date of this contract or on delivery to the Retail Customer.
7) Price Changes:
(a) If after the date of this contract and before delivery to the Retail Customer the Company's recommended price for the vehicle or any of the accessories (exclusive of any appropriate taxes) shall be reduced below the price thereof as stated in Schedule 'A' there shall be substituted for the price of such vehicle or accessory in Schedule 'A' such reduced price (not exceeding) the Company's reduced recommended price) as is notified by the Seller to the Retail Customer.
(b) If after the date of this contract and before delivery ti the Retail Customer there shall be an increase in the Company's recommended retail price (exclusive of any appropriate taxes) the Seller shall be entitled to give notice of the amount of such increase to the Retail Customer who in such event may cancel this contract by counter notice in writing within seven days of receipt of the Seller's notice, but if the Retail Customer shall not give such counter notice the retail price in Schedule 'A' shall be deemed to be increased by the amount of such increase and this contract shall remain in full force and effect.
8) Change in Model or Specification:
(a) If the Seller shall be unable to supply a vehicle of the model specified in Schedule 'A' by reason of the Company ceasing after the date of this contract to produce or accept orders for vehicles of that model he shall give notice thereof in writing to the Retail Customer whereupon the Retail Customer shall have the right to be exercised by notice in writing to the Seller within seven days thereafter to require this contract to be amended to substituting Schedule 'A' in place of the model and the price therefore therein specified, another model then currently produced by the Company at such price (not exceeding the Company's then current recommended price of such a model) as is currently quoted by the Seller for such model.
If the Retail Customer shall give to the Seller such notice as aforesaid this contract shall be amended accordingly and shall continue in full force and effect as so amended, any necessary adjustments to the amount of the deposit being made between the parties.
In the event of the Retail Customer failing to give such notice as aforesaid within the time specified above the Seller will return to the Retail Customer the amount of the deposit and this contract shall forthwith determine and become null and void without any liability whatsoever on the part of the Seller.
(b) No variation by the Company in the specification(s) or equipment of the vehicle supplied in Section 'A' shall (except insofar as such variation effects a description of the vehicle for the purposes of Section 13 of the Sale of Goods Act (1979) invalidate this Contract or impose on the Seller any liability whatsoever.
9) Trading In:
Where the Seller agrees to allow part of the price of the vehicle and accessories to be met by part exchange the exchange vehicle shall be delivered and accepted upon the following conditions:-
(a) That, after examination by the Seller, it shall be delivered in the same condition as and when so examined fair wear and tear excepted.
(b) That where the exchange vehicle is the subject of a deferred payment agreement the Seller shall be entitled to make any such payment to the Finance Company as will with the consent of that Company finally discharge such agreement and the allowance shall be reduced by the amounts paid, and
(c) That if this contract shall be cancelled for any reason after the exchange vehicle has been delivered to the Seller and the Seller shall have sold the same Retail Customer shall (as this case may be) entitled to the profit or bear the loss of such sale (after due allowance for the Seller's reasonable handling expenses).
(d) That if the Retail Customer arranges for the vehicle and accessories to be bought by a Finance Company, the Seller will buy the exchange vehicle at a price equal to the agreed allowance (subject to (a) (b) and (c) above) and be accountable to the Finance Company for the said price and any deposit paid hereunder.
10) Changes in Exchange Vehicle Values:
If between the date of the contract and the date of the delivery of the vehicle and accessories to the Retail Customer there shall be any significant change in teh value of the Exchange Vehicle by reason of:-
(a) a change in the market price of new vehicles or
(b) a change in the rate of any relevant taxes or
(c) a change in statutory provisions regarding Hire Purchase, Credit Sale, Conditional Sale or
(d) any other financial measures enacted or announced by H.M. Government
then the agreed allowance stated in Schedule 'B' shall not be binding on either party and the Seller shall not be bound to purchase and the Retail Customer shall not be bound to sell the Exchange Vehicle identified therein unless a revised allowance therefore shall be agreed. In addition, the Retail Customer shall not be bound to purchase and the Seller shall not be bound to sell the new vehicle identified in Schedule 'A' unless a revised allowance for the Exchange Vehicle shall be agreed.
11) Retail Customers Undertaking:
The Retail Customer undertakes that he is ordering the vehicle for his own use and that he will not resell it as a New Vehicle in the course of any business carried out be him.
12) Customer's Rights:
(a) The Seller does not derogate from or exclude any of the contractual rights of the Retail Customer whether under the Sale of Goods Act 1893 or at common law.
(b) If the Retail Customer believes that there are any defects in the vehicle he will give the Seller every reasonable opportunity to examine and rectify such defects (if any) in accordance with the terms of the Assurance given to the Retail Customer by the Company and set out in Schedule 'C'.
13) Notices:
Any notice given hereunder may be served personally or be left at the last known residence or place of business of the person whom it is addressed, or may be sent by first class post, in which case notice shall be deemed to have been received on the first working day of the posting.
14) Author of Seller:
Neither the Seller nor ay servant, employee or other person, for whose acts he may be reasonable has any authority or right to bind the Company or to assume obligation express or implied upon its behalf.
DISTANCE SELLING REGULATIONS 2000 - TERMS & CONDITIONS
1) Cancellation:
By law you have the right to cancel this contract at any time from the date of the order up to within seven working days following your taking delivery of the vehicle. Notice of this cancellation must be sent to the vendor at the address shown at the foot of these Terms and Conditions for the attention on the Franchise Director, by recorded delivery mail and this notice must be received within seven working days from the date of the delivery.
2) Return of Vehicle:
On receipt of this notice of cancellation we will contact you to confirm arrangements for collection of the vehicle. The cost of cancellation will be at your expense and will be limited to a flat fee of £100 plus VAT plus a charge of £5 plus VAT per mile for the distance recorded between the Company's premises and your address as shown on ViaMicheline.com website or another proprietary web based distance calculator of the supplier's choice. You are required to make the car available for collection at a pre-determined date and time.
3) Mileage and Condition:
On collection the car must not have travelled more than 10 miles since delivery and must be in the same condition as it was when delivered. This is to say that it must not have suffered any deterioration other than would be expected with having travelled a distance of 10 miles. Any deterioration recorded at the time of collection will be valued when the car arrives at the Company's premises and details of these costs will be notified to you. Excess mileage above the 10 miles will be charged at 10% of the vehicle purchase value per 100 miles or part thereof.
4) Refund:
Once safe receipt of the vehicle has been established by the Company a refund will be processed. This refund will be executed in the same way that payment was made originally by you and will be made 30 days following delivery. Should any of the above conditions fail to be met then the deductions as specified will be made from the refund accordingly. The cost of collection will also be deducted.
5) Complaints:
Should you have any complaints that you wish to raise with the Company regarding this transaction or any other matter please address them for the attention of the: Franchise Director, Lifestyle Europe Ltd, Mount Ephraim, Royal Tunbridge Wells, Kent.
THE CUSTOMER ASSURANCE - SCHEDULE 'C'
The Manufacturer assure you that if any part of your vehicle becomes defective due to fault manufacture or materials within 12 months from the date you took delivery of your vehicle the part will be repaired or replaced by any of our authorised dealer completely free of charge. The only conditions are:
• The vehicle must not have been neglected, misused, modified or used for racing or rallying.
• The vehicle plated weight must not have been exceeded.
• The vehicle must have been serviced as recommended in the Manufacturers Service Plan.
• This Assurance does not apply to tyres or to bodywork not supplied by us or to defects arising from the fitting of parts not made or approved by The Manufacturer.
The above covers your vehicle against corrosion resulting from faulty manufacture or materials for a period of 12 months from the date of registration of your vehicle. In the case of cars only. In addition, if any part of the bodywork of your vehicle is perorated by corrosion within 6 years from the date you took delivery, the part will be repaired or replaced by an authorised Dealer completely free of charge. The only conditions are:
• The corrosion must not have been caused by or result from damage to the bodywork.
• The bodywork of the vehicle must have been cared for in line with the recommendations contained in the Car Owner Handbook relevant to your vehicle.
• Bodywork damage from whatever cause must have been repaired in line with Manufacturer Corrosion Prevention Service and Repair Procedures.
• This Assurance does not apply to bodywork not supplied by us or to body parts other that Manufacturer of Motorcraft whenever fitted.
• The perforation must have been brought to the attention of an Authorised Dealer at the earliest possible date.
• Tyre manufacturers' own policies for defects will apply.
TERMS AND CONDITIONS FOR SALE OF PARTS
CONSUMER TRANSACTIONS
IF YOU DEAL AS A CONSUMER NOTHING BELOW AFFECTS YOUR STATUTORY RIGHTS UNDER THE SALE OF GOODS ACT 1979 OR THE UNFAIR CONTRACT TERMS ACT 1977 OR ANY STATUTORY MODIFICATIONS OR RE-ENACTMENTS OF THEM
1 THE PURCHASER.
1.1 The Purchaser warrants that he contracts on his own behalf and not as the agent of any other person.
1.2 If two or more persons constitute the Purchaser the liability of those persons shall be joint and several.
2 SETTLEMENT TERMS.
2.1 Unless otherwise agreed in writing, no discount is allowed from the prices set out overleaf and the Purchaser must pay the price of the goods in full at the time he receives them.
2.2 If the Company in its sole discretion allows credit to the Purchaser, the terms of that credit shall be that
- the Purchaser shall pay in full the price of the goods on or before the 20th day of the month following the date of invoice, and
- if payment has not been made in due time the Purchaser shall be liable to pay to the Company interest on the outstanding debt accruing daily at the rate of 2% above the National Westminster Bank Base Rate for the time being in force.
3 RETENTION OF TITLE.
3.1 The goods shall be at the Purchaser’s risk immediately on delivery to the Purchaser or into custody on the Purchaser’s behalf (whichever is the sooner).
3.2 Notwithstanding delivery and the passing of risk in the goods, or any other provision of these Conditions, the property in the goods shall not pass to the Purchaser until the Company has received in cash or by cleared funds payment in full of the price of the goods and all other goods agreed to be sold by the Company to the Purchaser for which payment is then due.
3.3 Until such time as the property in the goods passes to the Purchaser, the Purchaser shall hold the goods as the Company’s fiduciary agent and bailee, and shall keep the goods separate from those of the Purchaser and third parties and property stored, protected and insured and identified as the Company’s property.
3.4 Until such time as the property in the goods passes to the Purchaser (and provided the goods are still in existence and have not been re-sold) the Company shall be entitled at any time to require the Purchaser to deliver up the goods to the Company and, if the Purchaser fails to do so forthwith, to enter upon any premises of the Purchaser or any third party where the goods are stored and repossess the goods.
3.5 The Purchaser shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the Company, but if the Purchaser does so all moneys owed by him to the Company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.
3.6 Subject to any contrary requirement by the Company the Purchaser shall be entitled to affix the goods to or incorporate them in any other chattel which he owns, but if he does so –
- he shall hold that other chattel on trust to sell the same and pay to the Company such proportion of the proceeds of sale as the value of the goods or to the value of the other chattel at the time of addition/incorporation and
- if he shall sell or supply that other chattel before making payment of the price he shall hold the proceeds of sale or supply for and on behalf of the Company;
- the Company shall be entitled to demand and receive payment of any proceeds of sale or supply held on his behalf by the Purchaser and for that purpose it shall be entitled to receive an account of the proceeds of sale and to trace the same to any property, investment or financial account
4 RETURNED GOODS
4.1 Notwithstanding any general practice which the Company may adopt the Purchaser hereby acknowledges that the Company is not bound to accept the return of the goods which have been duly supplied pursuant to an order.
4.2 The Company will never accept the return of goods which it has ordered specially to meet the Purchaser’s order.
4.3 If in its sole discretion the Company accepts the return of goods it shall be entitled to deduct from the allowance which it makes an administration and handling charge either representing 20% of the price payable or £2, whichever is the greater. The Company shall only be bound to make allowance for the original price of the goods and not for any subsequent increase in their listed price.
5 PART EXCHANGE
If the Company agrees to give the Purchaser an allowance against the goods for a used part then –
- the Purchaser shall pay the price for the goods in full in accordance with clause 2 above, and
- the Purchaser shall be entitled to the agreed allowance only if he delivers to the Company within 28 days of the date of delivery of the goods (1) the used part and (2) the Company’s invoice for the goods (by way of support for his claim).
6 SOURCE OF SUPPLY
Parts which are in short supply from the manufacturer may be supplied by the Company from other sources. The Company may also supply equivalent Parts not supplied by the Manufacturer. Details are available on request.
7 DESCRIPTION, QUALITY, COMPLAINTS, LIABILITY
7.1 Where the Purchaser deals as consumer within the meaning of the Unfair Contract Terms Act 1977 the goods are sold with the benefit of any conditions as to description, quality and fitness which may be implied by ss. 13 and 14 of the Sale of Goods Act 1979.
7.2 Where the Purchaser does not deal as consumer within the meaning of the Unfair Contract Terms Act 1977 –
- the Purchaser warrants that he will examine the goods within 24 hours of taking delivery of them, and the Company will accept no liability for any cause whatever unless the Purchaser notifies the Company of his cause of complaint within 24 hours of taking delivery of the goods;
- if for any reason whatever the Company shall be held liable to the Purchaser, that liability is hereby limited so as to exclude loss of profit, loss of earnings and other consequential loss of any kind.
8 NOTICE
Any notice to be given pursuant to this Agreement by the Company to the Customer may be given by posting it in a first class pre-paid letter addressed to the Customer at the address given overleaf, and each such notice shall be deemed to have been served on the second working day after the day of posting.
9 WAIVER
No relaxation or indulgence which the Company may at any time extend to the Customer shall prejudice or act as a waiver of the Company’s strict rights under this Agreement.
10 INTERPRETATION
This Agreement shall be governed by English Law. Where the context so admits, words importing one gender shall include the other gender and words importing the singular shall include the plural and vice versa.
11 ARBITRATION
Any dispute or difference of any kind whatsoever which arises or occurs between the Customer and the Company in relation to any thing or matter arising under, out of or in connection with this Agreement shall be referred to arbitration under the Arbitration Rules of the Chartered Institute of Arbitrators.
12 OTHER TERMS AND CONDITIONS
The Purchaser accepts that the goods are sold and purchased subject to the above provisions notwithstanding any provision inconsistent therewith contained in any conditions which the Purchaser has heretofore or may hereafter bring to the Company’s notice.
SERVICE TERMS OF BUSINESS
The Company will accept business only on its standard terms set out hereunder and delivery of a vehicle to the Company for repair or service shall indicate acceptance of such terms and constitute a waiver of any other contractual conditions notwithstanding the customer’s order may imply the contrary.
SPECIFIC CUSTOMER’S OBLIGATIONS
1. The customer shall remove all personal property from the vehicle before delivery to the Company and the Company shall not be responsible for the loss or damage however so caused of customer’s property which shall be inadvertently left in the vehicle.
2. Any defects in the vehicle which may render it dangerous in any way must be drawn to the Company’s attention at the time of delivery to the Company and since vehicles may be stored in the open customers must ensure that the vehicle is adequately protected for this eventuality.
GENERAL CONDITIONS
1. Estimates
Any verbal estimate as to the charge for work to be done is provisional only and is not binding upon the Company. Estimates in writing are subject to the conditions printed thereon and to the terms hereof.
Insurance Companies: When instructions are given by insurers to repair a customer’s vehicle such insurers shall be deemed to be the customers’ Agent for the purpose of giving such instructions and the customer remains liable for such repair undertaken by the Company.
2. Scope of Work
The Company is entitled to carry out in the course of the work ordered all such extra repairs and replacements (by new or reconditioned parts) as it may consider necessary for the proper running of the vehicle and such extras shall be charged to the customer.
3. Disposal of Parts
Worn and damaged parts will be disposed of immediately unless the customer gives written instructions to the contrary when ordering the work.
4. Charges
Unless the charge for the work is specified in a written estimate given to the customer it is to be based on the time taken or time scheduled plus materials and/or parts used in carrying out the work.
5. Deposits
The Company may require a deposit to be paid by the customer prior to the commencement of work to cover the cost of replacement parts purchased by the Company and such deposit will be forfeit to the Company should the customer subsequently withdraw his order without prejudice to any other rights the Company may have for breach of the Contract or otherwise.
6. Customer Assurance
Work apparently covered by the Manufacturers Customer Assurance Policy (warranty) will be carried out without charge pending the acceptance by the manufacturer, but in the event of non acceptance by the manufacturer the charge will be rendered later and will be immediately payable. If at any time of repair there is any doubt about the entitlement during the assurance period, the work will be charged pending the outcome of the approach the Company will make to the manufacturer. Any overcharge will then be refunded.
7. Completion
The Company does not specify a time for completion of the work and shall not be liable in any circumstances for delay in completing the works.
8. Payment
Accounts must be paid on or before completion of the work. The Company is entitled to retain customers vehicles until the account has been fully paid unless sufficient credit facilities have been agreed and confirmed by the Company’s Accounts Department. A cheque given by the customer in payment shall not be treated as a discharge until the same has been cleared.
9. Storage
A storage fee will be charged for any vehicle not collected within fourteen days of completion of the work and customers are informed that the acceptance of all vehicles for repair (or servicing as appropriate) by the Company at these premises is subject to the provision of the Torts (Interference with Good) Act, 1977 which confers on the Company a right to sell the vehicle if not collected when ready for re-delivery.
The above storage terms are applicable to vehicles remaining on the premises after fourteen days where no instructions for repair (or servicing as appropriate) have been given to the Company in writing.
11. Consumer Transactions
Nothing herein contained is intended to affect, nor will it affect a consumer’s statutory right under the Sale of Goods Act, 1893 as amended by the Supply of Goods (Implied Terms) Act, 1973 or the Unfair Contract Terms Act, 1977.
