Terms & Conditions for the Supply and Purchase of Motor Vehicles
(Nothing in this document shall restrict the statutory rights of a consumer)
West Riding Classic Cars Limited. 1 Ambler Way, Queensbury, Bradford, BD13 2NU
In these terms and Conditions:
Contract: shall mean the contract, as evidenced by a signed Order or Order Form, between West Riding Classic Cars Ltd and the Customer.
Customer: shall mean the person, firm or company identified in or by means of the Contract as purchasing Goods or Services and references to the singular shall include the plural (and vice versa) and where applicable references to the male, female or neuter gender shall include reference to all other such genders where the context so requires.
(a) The order for sale of a motor vehicle by us, West Riding Classic Cars Ltd (“WRCC”), at the agreed price (“the Total Retail Price”) and any allowance in respect of a used motor vehicle offered by you (“the Customer”) incorporates the following clauses and only becomes binding after being accepted by WRCC. (b) The order (except where varied by an agreement between the parties which is recorded in writing and signed by an authorised representative of WRCC) shall constitute the entire contract between the parties.
(a) WRCC will use its best endeavours to secure a delivery date or dates, but shall be under no liability whatsoever for loss occasioned by delay in delivery arising out of any cause beyond the control of WRCC. (b) The Goods as described on the face of the order form (“the Goods”) may be delivered by WRCC or its agent in advance of the estimated delivery date upon giving 7 days prior notice to the Customer. (c) If the Goods are not delivered within 42 calendar days of the estimated delivery date (if any) the Customer or WRCC may elect by notice in writing to the other party to cancel this contract. Upon such cancellation the Customer’s deposit shall be returned and WRCC shall be under no further liability to the Customer. In the event that no estimated delivery date is given, WRCC will deliver the Goods within 1 month of the Goods being made available to it. (d) Delivery shall be deemed to have been made on the date that the Goods are made available for collection by the Customer and WRCC has given notice to the Customer that the Goods are ready for collection. The Goods will be physically delivered by WRCC to the Customer only where agreed by WRCC and at the Customer’s cost. If WRCC is unable to supply any option or accessory, whether factory fitted or otherwise, WRCC may at its discretion either substitute a reasonable equivalent or delete the option or accessory from the contract. If any accessory is deleted the purchase price shall be adjusted by the price thereof. The inability of WRCC to supply an option or accessory shall not constitute a breach of contract or entitle the Customer to reject the Goods.
3. PRICE AND PAYMENT
(a) The Customer shall not be permitted to collect and take away the Goods until the Total Retail Price of the Goods as stated on the order form has been discharged in full (without set-off or counterclaim) unless this condition has been expressly excluded in writing by an authorised representative of WRCC. Time of payment shall be of the essence. (b) Accepted methods of payment are Cash, BACS, CHAPS, fast electronic transfer and most debit cards. (c) If the Total Retail Price or any part of the price for the Goods is to be paid by cash (the maximum amount of a cash payment that is permissible being £9,000 in value and receipts to be signed by two WRCC staff) such payment or part payment may be made on the day of collection.
4. FAILURE TO COLLECT GOODS
If the Customer shall fail to collect and/or pay for the Goods within 14 days of delivery (as provided for in clause 2(d)) then WRCC may at its option either store the Goods at the Customer’s cost or, upon giving the Customer 7 days’ notice of its intention to do so, elect to treat the contract as repudiated by the Customer and thereupon any sums paid by the Customer shall be returned less a sum equivalent to a reasonable administration fee, any damages, loss or expenses which WRCC may have suffered or incurred by reason of the Customer’s default (including as a result of selling such vehicle at a lower value) and/or storage costs and WRCC shall be under no further liability to the Customer. WRCC may, at its option following such repudiation elect to return any part-exchange vehicle or to retain it at any agreed trade-in price (in which case the agreed trade-in price shall be treated as part of the sums paid for the purpose of this clause).
5. PART EXCHANGE
In the event that WRCC agrees to accept a used motor vehicle from the Customer as partial payment of the Total Retail Price (“Allowance”) such agreement shall be subject to any declarations made on the face of the order or purchase invoice and the following conditions: (a) the Customer warrants that: (i) the Customer has good title to the used motor vehicle; (ii) it is unencumbered by any third party interest whatsoever; or (iii) the Customer has declared all encumbrances or interests to which the used motor vehicle is subject; (iv) the particulars of the used motor vehicle given by the Customer are correct and that so far as the Customer is aware the odometer reading is accurate; (v) other than as declared by the Customer and so far as the Customer is aware the used motor vehicle has not been the subject of any accident or any other damage of whatsoever nature and howsoever caused or any insurance claims or total loss claims; (vi) other than as declared by the Customer the used motor vehicle was first supplied by the manufacturer’s official distributor for the UK; (vii) other than as declared by the Customer the date of first registration on the registration documents is the date on which the used motor vehicle was new and first used; (viii) other than as declared by the Customer the used motor vehicle has not had any performance upgrades, non-manufacturer approved accessories or alterations contrary to the manufacturer’s specifications; (ix) the used motor vehicle is type approved. (b) if any encumbrances or interests are capable of cash settlement WRCC may elect to discharge such interests and deduct expenditure from the exchange value offered; (c) the used motor vehicle will be delivered in the same condition as at the date it was examined by WRCC (fair wear and tear excepted); (d) the used motor vehicle shall be delivered to WRCC upon collection of the Goods together with all spare key sets, spare alarm remotes, registration documents, service documentation, MOT certificate, service invoices, warranty documentation and all other appropriate documentation and with the registration book completed and for the avoidance of doubt the Customer shall not be permitted to collect the Goods until the used motor vehicle shall have been delivered to WRCC; (e) title to the used motor vehicle shall pass absolutely on delivery to WRCC; (f) the exchange value quoted by WRCC shall be binding on WRCC for one calendar month from the date of the order, unless a different period is stipulated in the order. If the exchange value is no longer binding on WRCC when the Goods are ready for delivery, WRCC will give a current figure for the value of such part-exchange, at which point the Customer will have the option to accept the revised part-exchange value or not to part-exchange such used motor vehicle, provided always that the Customer shall still be obliged to purchase the Goods; (g) in the event that any of the warranties in clause 5(a) prove to be untrue or there is a breach of clause 5(c), WRCC shall be entitled to revise the Allowance to take account of such breach and where there is a reduction in the Allowance the Customer shall be liable to pay the difference between the original and reduced Allowances to ensure payment of the Total Retail Price of the Goods in accordance with clause 3 of these terms and conditions.
6. CHERISHED NUMBER PLATE
Where the Goods have a personalised or cherished number plate, unless stated on the face of the order, the Customer shall not be entitled to assume that such number plate is available with the Goods and the Customer will provide all reasonable assistance to WRCC to facilitate transfer of the registration.
(a) WRCC shall use all reasonable endeavours to pass the benefit of any manufacturer’s warranty on to the Customer. In the event of a used motor vehicle being purchased where the original manufacturer’s warranty has expired W shall repair any faults which arise for 1 month or 1,000 miles, after purchase whichever is the minimum. Any parts which require replacement during the period of the manufacturer’s warranty as a result of wear and tear (for example but without limitation, the brake pads) are excluded from the warranty. The manufacturer’s warranty is not affected by any change of ownership of the Goods. Remedial work under such warranty may be carried out by any dealer approved by the relevant manufacturer (“a Dealer”) at whose sole option any defective parts will be repaired or replaced. Any part replaced under the manufacturer’s warranty is warranted to be free from defects in parts and materials until expiry of the original vehicle warranty. The manufacturer’s warranty does not apply if and to the extent that the defect is caused or worsened by one of the following circumstances: (i) after discovering the defect the Customer has failed either to inform WRCC or to have the defect examined by a Dealer without reasonable delay; (ii) has failed to give a Dealer the option to repair the Goods without reasonable delay; (iii) the Goods or any part thereof have been subject to misuse, negligence, or accident or use for racing or similar sports; (iv) if the Goods have been repaired or maintained and that repair or maintenance has not been carried out by or through a Dealer and/or otherwise in accordance with the manufacturer’s recommendations; (v) parts, components or accessories have been installed into the Goods the use of which have not been approved by the manufacturer or if the Goods have been altered or modified in a manner not approved by the manufacturer. (vi) Instructions concerning the treatment, maintenance and care of the Goods have not been adhered to. (b) In the case of the Goods being a second-hand vehicle, WRCC shall transfer to the Customer the unexpired portion of the manufacturer’s warranty (if any) together with any used vehicle warranty made available with respect to the Goods as stated on the front of the order. The Customer acknowledges that in the case of the Goods being a second-hand vehicle the Goods will be sold: (i) subject to such wear and tear as is reasonable for a vehicle of its age, type, usage and mileage; and (ii) subject to paintwork and/or bodywork repairs that may have been carried out to it.
8. EXAMINATION OF GOODS AND RELIANCE
(a) Prior to signing the order form the Customer shall examine the Goods to be purchased (if such are available for inspection) and the Customer is reminded that the condition of satisfactory quality implied by legislation does not operate in relation to such defects which such an examination ought to reveal. If the Goods are sold subject to defects which have been notified by WRCC to the Customer before the signing of the order, the condition of satisfactory quality referred to above does not operate in relation to those defects. (b) The Customer confirms that it has satisfied itself as to the suitability of the Goods for its requirements and has not relied upon WRCC skill or knowledge regarding the Goods’ fitness for any particular purpose or use.
Without prejudice to the terms of the manufacturer’s warranty, where any valid claim in respect of the Goods which is based on any defect in the quality or condition of the Goods based on materials or workmanship or their failure to meet the specification is notified to WRCC, WRCC shall be entitled at its sole discretion either to replace or repair the Goods (or the part in question) free of charge or to refund to the Customer the price of the Goods (or a proportion part of the price), but WRCC shall have no further liability to the Customer. WRCC will not be liable where any defect results from or is worsened by one of the following circumstances:- (a) after discovering the defect the Customer has failed either to inform WRCC or to have the defect examined by a Dealer or other appropriate expert without unreasonable delay; (b) has failed to give WRCC the option to repair the Goods without unreasonable delay; (c) the Goods or any part thereof have been subject to misuse, negligence, or accident or use for racing or similar sports; (d) the Goods have been repaired or maintained and that repair or maintenance has not been carried out by or through a Dealer and/or WRCC and/or otherwise in accordance to the manufacturer’s recommendations; (e) parts, components or accessories have been installed into the Goods the use of which have not been approved by the manufacturer or if the vehicle has been altered or modified in a manner not approved by the manufacturer; (f) instructions concerning the treatment, maintenance and care of the Goods have not been adhered to; (g) wear and tear.
10. CONSUMER TRANSACTIONS
Where the Goods are sold under a consumer transaction as defined by the Consumer Transactions (restriction on statements) Order 1976 the statutory rights of the Customer are not affected by any of these terms and conditions.
11. SALE TO INTERMEDIARIES OR THIRD PARTIES
The Customer confirms that it is not purchasing the Goods as an intermediary or reseller unless specifically agreed by WRCC to the contrary. WRCC may, at its discretion refuse to change the Customer’s details or identity on the order or register the Goods to anybody other than the Customer.
Notwithstanding the provisions of this contract the Customer may, within 7 days of receipt of notification that the Goods are ready for delivery arrange for a finance company to purchase the Goods from WRCC at the price payable as stated on the order form. WRCC shall not release the Goods until the Total Retail Price has been discharged in full, including receipt of cleared funds from the said finance company.
Any notice that is given hereunder may be given in writing, by electronic mail or communicated verbally. Notices in writing shall be posted or faxed to the residence or place of business of the person to whom it is addressed and shall be deemed to have been received, in the case of facsimile or electronic mail on the day of transmission and in the case of notice given by post, within two days of posting.
Any waiver by WRCC or the Customer of any breach of contract by the other shall be in writing and shall not be construed as a waiver of any subsequent breach of the same or of any other provision. Without prejudice to the generality of the foregoing, failure by either party to enforce at any time or for any period any one or more of these terms and conditions shall not be a waiver of them or of the right at any time subsequently to enforce all of them.
15. INVALIDITY OF THESE TERMS
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 shall be construed in such a way as to give effect as far as possible to the previously expressed intent of the said clause.
16. APPLICABLE LAW
This contract shall be governed by the Laws of England and Wales and the parties shall submit to the jurisdiction of the English Courts.
17. THIRD PARTY RIGHTS
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.
18. RETENTION OF TITLE
(a) Notwithstanding delivery, collection and/or the passing of risk in the Goods, or any other provision of these terms and conditions, the title in the Goods shall not pass to the Customer until the Total Retail Price has been discharged in full and, in the case of a payment by cheque, the cheque has been cleared. (b) Until such time as the title in the Goods passes, the Customer shall keep the Goods properly stored, protected and insured and identified as WRCC property. (c) Until such time as the title in the Goods passes to the Customer, WRCC shall be entitled at any time to require the Customer to deliver up the Goods to WRCC and if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods. (d) The Customer shall not be entitled to sell, pledge or in any way charge by way of security for any indebtedness any Goods which remain the property of WRCC, but if the Customer does so all monies owing by the Customer to WRCC shall (without prejudice to any other right or remedy of WRCC) forthwith, become due and payable.
Except as provided by law, or under clauses 2(c) or 20 of these terms and conditions, no order which has been accepted by WRCC may be cancelled by the Customer except with the agreement in writing of WRCC and on terms that the Customer’s deposit shall be forfeit and further that the Customer shall indemnify WRCC in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by WRCC as a result of cancellation.
20. DISTANCE SELLING
(a) Distance Selling is not available for these Goods In accordance with the Consumer Protection Distance Selling Regulations 2000, a Contract will only be entered in to if the Customer, as a private consumer, has viewed the goods in person and has had a prior face-to-face meeting with WRCC.
21. DEFECTIVE GOODS
Without prejudice to clause 8 above any claim by the Customer which is based on any defect in the quality or condition of the Goods on delivery or their failure to correspond with specification shall (whether or not delivery is refused by the Customer) be notified to WRCC within 14 days from the date of collection of the Goods or the date of refusal of delivery as the case may be or (where the defect or failure is not apparent upon reasonable inspection) within a reasonable time after the discovery of the defect or failure. If delivery is not refused, and the Customer does not notify WRCC as above the Customer shall be deemed to have accepted the Goods.
Except in respect of death or personal injury caused by WRCC negligence, or any loss caused by the fraud of WRCC, WRCC shall not be liable to the Customer 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 Customer 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 Fowlers 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 Goods or their resale by the Customer, except as expressly provided in these terms and conditions. Nothing in this clause shall operate to restrict or exclude WRCC liability or limit the Customer’s rights in any way that cannot be restricted, excluded or limited by law.
23. FORCE MAJEURE
WRCC shall not be liable to the Customer or be deemed to be in breach of the contract for reason of any delay in performing or any failure to perform, any of WRCC obligations in respect of the Goods, if the delay or failure was due to any cause beyond WRCC reasonable control including (without limitation) any failure to deliver the Goods occasioned by strikes, inclement weather, civil unrest, an inability to obtain the Goods from the importer or from the manufacturer.
(a) This clause applies if: (i) the Customer (being a company) makes any voluntary arrangement with its creditors or becomes subject to an administration order or has an administrative receiver appointed or goes into insolvent liquidation or (being a partnership) becomes wound-up or a receiver is appointed or enters into an individual voluntary arrangement; or (ii) the Customer (being an individual) enters into an arrangement, compromise or composition in satisfaction of debts with his creditors or a bankruptcy, or; (iii) an encumbrancer takes possession of any of the property or assets of the Customer; (iv) WRCC reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer accordingly, or; (v) WRCC has reasonable cause to believe that the Customer will be unable to meets its financial obligations in respect of this agreement, or. (vi) WRCC becomes aware that the Customer is in breach of clause 11, or; (vii) the Customer is in material breach of any obligations under the contract. (b) If this clause applies, without prejudice to any other right or remedy available to WRCC, WRCC shall be entitled to cancel this contract or suspend delivery under this contract and forfeit any deposit paid by the Customer without any liability to the Customer, and if the Goods shall have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
The Customer shall be deemed to be personally liable for the contract even though he shall hold himself out as acting as agent for a principal and despite him having purported to sign the order form in a representative capacity so that the liability of the agent and principal shall be joint and several. The Customer warrants that he has the authority to bind the principal to the contract as agent on its behalf.
WRCC shall keep and use any data relating to the Customer in accordance with the provisions of all relevant data protection legislation and the Customer consents to such data being kept and used for appropriate purposes, including informing the Customer of any offers or other matters of interest from time to time.
29. Errors and Omissions Excepted
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