These terms and conditions will not affect your rights under the Consumer Rights Act 2015 or amendment thereof. The contract should be governed by the laws of England and Wales, and the Purchaser and Seller agree to submit to the non-exclusive jurisdiction of the English courts.

Ex Rental/Lease Cars

A selection of our pre-owned vehicles may have had multi-users previously.

1.   This order form and any allowance in respect of a used motor vehicle offered by the Purchaser are subject to acceptance and confirmation in writing by the seller.

(a)   Unless specifically agreed the date for delivery of the goods is not known at time of sale. Any date provided is an estimate only. The seller will endeavour to secure delivery of the goods from the manufacturer by the estimated delivery date (if any) but does not guarantee the time of delivery and shall not be liable for any damages or claims of any kind in respect of delay in delivery unless the same is due to our actions or omissions (the seller shall not be obliged to fulfil orders in the sequence in which they are placed).

(b)   If the seller shall fail to deliver the goods within 21 days of the estimated date of delivery stated in this contract the purchaser may by notification to the seller require delivery of the goods within 14 days of receipt of such notice. If this is not adhered to the contract may be cancelled.

2.   If the goods to be supplied by the Seller are new, the following provisions shall have effect: -

(a)   This Agreement and the delivery of the Goods shall be subject to any terms and conditions which the manufacturer or concessionaire may from time to time lawfully attach to the supply of the Goods or the resale of such Goods by the Seller, and the Seller shall not be liable for any failure to deliver the Goods occasioned by his inability to obtain them from the manufacturer or concessionaire or by his compliance with such terms and conditions. A copy of the terms and conditions currently so attached by the manufacturer or concessionaire may be inspected at the Seller’s office.

(b)   The Seller undertakes that they will ensure that the pre-delivery work specified by the manufacturer or concessionaire is performed and that they will use their best endeavours to obtain for the Customer from the manufacturer or concessionaire the benefit of any warranty or guarantee given by them to the Seller or to the Customer in respect of the Goods and, Business to Business sales (as defined by Legislation).

(c)   Any figure provided within the contract for Road Fund Licence and/or Value Added Tax is provided as guidance only. The sum payable by the Customer in the contract shall be such sum as the Seller has legally had to pay or becomes legally bound to pay for Road Fund Licence and/or Value Added Tax in respect of the Goods or becomes legally liable at the time the taxable supply occurs.

(d)   If after the date of this order and before delivery of the Goods to the Customer, the manufacturer’s or concessionaire’s recommended price for any of the Goods, or specification of the same shall be altered, the Seller shall give notice of any such alteration to the Customer, and in the event of the manufacturer’s or concessionaires recommended price for the Goods being amended, then the Dealer will notify the customer of the change The Customer shall have the right to cancel the contract within 14 days of the receipt of such notice. If the customer does not give such notice as aforesaid, the amended price and/or specifications shall become part of the contract.

(e)   In the event of the manufacturer of the Goods described in the order ceasing to make the Goods of that type, the Seller may (whether the estimated delivery date has arrived or not) by notice in writing to the Customer, cancel the contract on the grounds of frustration.

(f)   In the event of the seller advertising or making available promotional and/or special offers (“promotions”) in respect of motor vehicles of the same model type or specification purchased in this contract period, then following the signing of this document any such promotion shall in no circumstance vary the terms of the conditions.

(g)   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.

3.   If the contract is cancelled under the provisions of clauses 2 above any monies paid shall be returned to the Customer and the Seller shall be under no further liability.

4.   If you do not pay for and take delivery of your vehicle within 14 days of notification that the vehicle is available for delivery, we shall be at liberty to treat the contract as cancelled. If this happens, or if you cancel the contract for any other reason not permitted by this contract, we reserve the right to sell the vehicle to another person. We will refund any monies paid but before we do so, we are entitled to recover from any monies paid the additional costs we incur in re selling the vehicle plus any reduction in the sales price achieved. We will keep any monies paid whilst we display and advertise the vehicle as being for sale. If it is not sold within a reasonable time we will sell it at auction.

(a)   Once we have sold the vehicle, we will notify you within 7 days as to how much we have lost as a result of having to re-sell the vehicle. If this amount is less than any monies paid, then we will refund the balance of any monies paid with the notification. If the claimable amount is more than any monies paid, then we will include a statement showing how much you owe us to make good our loss. We will provide copies of any receipts if you request them.

(b)   The Seller reserves the right to make a reasonable daily charge for the storage of the vehicle or vehicles.

5.   Goods shall remain the sole and absolute property of the Seller as legal owner until such time as the Customer shall have paid (cleared funds) to the Seller the full price together with all storage charges and interest that may be due to the Seller under this contract.

6.   Where the Seller 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 Seller, in consideration of such allowance, it is hereby agreed that the following further conditions will apply: -

(a)   any valuation provided is a guide only and the Dealer reserves the right to re-value the vehicle on the day of exchange. Any value is given on the assumption that.

i.   Said used vehicle is the absolute property of the purchaser and is free from all encumbrances and shall all material representations whether written or oral made by the purchaser relating to such used vehicle are correct in every respect.

ii.      That such used vehicle is the subject of a hire purchase agreement or other encumbrance capable of cash settlement by the Seller, we shall be entitled to settle any such encumbrance and the amount paid shall be reduced by the amount required to be paid by the Seller in settlement thereof.

(b)   If the Seller has examined the said used vehicle prior to 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). Where there has been a substantial change in the vehicle ‘s condition the dealer reserves the right to re-value the vehicle or refuse to accept the same.

(c)   That such used Vehicle shall be delivered to the Seller 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 Seller absolutely.

(d)   That without prejudice to 6 (c) above, such used vehicle shall be delivered to the Seller within 14 days of notification to the customer that the Goods to be supplied by the Seller are available for delivery. If the goods to be delivered by the Seller, through no default on the part of the Seller, shall not be delivered to the Customer within 30 days after the date of this order or the estimated delivery date; where that is later, the allowance on the said used vehicle shall be subject to a reduction by an amount not exceeding 2.5% for each completed period of 30 days from the date of the expiry of the first mentioned 30 days, to the date of delivery to the Customer of the Goods.

(e)   In the event of the non-fulfilment of any of the foregoing conditions, other than 6 (e) above, the Seller shall be discharged from any obligations to accept the said used Vehicle or to make any allowance in respect thereof, and the Customer shall discharge in cash the full price of the Goods to be supplied by the Seller.

7.   The Purchaser undertakes that he is ordering the vehicle for their own use and that they will not re-sell it as a new vehicle on the course of any business carried on by them.

8.   All written notices given by the Seller to the Customer shall take effect 24 hours after being dispatched by the Seller in the normal course of post to the Customer’s address shown overleaf.

9.   Notwithstanding the provisions of this agreement, the Customer shall be at liberty before the expiry of 7 days after notification that the Goods have been completed for delivery to arrange for a finance company to purchase the Goods from the Seller at the price payable hereunder. Upon the purchase of the Goods by such finance company, the proceeding clauses of this agreement shall cease to have effect but any used Vehicle for which an allowance was there under agreed to be made to the Customer shall be bought by the Seller at the price equal to such allowance, upon the conditions set forth in clause 6 above (save that in 6(c) 6(d) and 6(e) thereof all reference to ‘delivery’ or ‘delivered’ in relation to the ‘Goods’ shall be construed as meaning delivery or delivered by the Seller to or to the order of the finance company) and the Seller shall be accountable to the finance company on behalf of the Customer for the said price and any monies paid under this agreement.

10.   The goods (described in this invoice) shall be at your risk immediately on delivery. Legal and equitable and beneficial ownership property and title to the goods shall remain with our company until full payment (cleared funds) has been made for them. If you sell the goods on or before making full payment you shall hold the proceeds of sale on trust for our company. If you sell the goods on or before making full payment then you shall be deemed to be acting as our Company’s agent acting in breach of your fiduciary duty.

11.   Any accessories fitted or supplied by us (Seller fitted) as new to the vehicle will be entitled to the benefit of any warranty given by the manufacturers of those accessories.

12.   In the case of purchasing a used vehicle you will certify that before signing the document your attention has been drawn to the age of the vehicle (as shown on this order form) and you understand that it is a term of the contract that you should examine the vehicle before signing the order form to satisfy yourself as to its quality and that we have carried out such examination. In particular your attention would be drawn to the following: Body & Paint work, Glass, Interior, Trim & Upholstery, Tyres, the general condition with respect to its age.

13.   Any variation agreed between the Seller 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.

14.   The Customer shall be liable to pay for the Goods immediately upon notification by the Seller that they are available for delivery. The Seller may, in its discretion, demand a sum to hold the vehicle 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 sum is paid in full.

15.   Unless otherwise agreed in writing delivery of the Goods shall take place at the Seller’s premises.

(a)   In the event of cancellation, for any reason, the customer agrees to return the Goods to the Seller’s premises.

16.   Goods supplied by the order of any person in the Customer’s employment or by any person reasonably believed by the Seller to be the Customer’s agent or by any person to whom the Seller is entitled to make delivery of the vehicle shall be paid for by the Customer.

17.   In connection with the supply of a Vehicle or an inspection or testing or the preparation of any estimate in connection therewith, the Seller 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 in terms of clause 6.

18.   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.

19.   If, and only if, the Customer has acted as a Consumer, where this Agreement has been completed away from our business premises and/or without any face-to-face contact between us and you; or anyone acting on your or our respective behalf, you may give notice to cancel this Agreement within 14 days without giving any reason.

(a)   This cancellation period will expire 14 days after the day on which you, or a third party on your behalf, takes delivery or otherwise acquires physical possession of the Goods. To exercise this right to cancel, you must inform us of your decision to cancel this Agreement in writing by clear statement (e.g. a letter sent by post, fax or email) to our address / email as set out on our order form. You may use the order cancellation form which can be found on our website if you wish.

(b)   To meet the cancellation deadline, it is sufficient for you to send your communication confirming your exercise of the right to cancel before the cancellation period has expired.

(c)   If you cancel this Agreement, we will reimburse to you all payments received from you under this Agreement, without undue delay, and not later than:-

i.   14 days after the day on which we receive the Goods back; or

ii.   (if earlier) 14 days after the day you provide evidence that you have returned the Goods; or

iii.   if there were no Goods supplied, 14 days after the day on which we are informed about your decision to cancel this agreement.

(d)   We will make the reimbursement using the same means of payment as you have used for the initial transaction, unless you have expressly agreed otherwise, but in any event you will not incur any fees as a result of the reimbursement.

(e)   We may withhold reimbursement until we have received the Goods back or you have sent evidence of having sent back the Goods to us, whichever is the earliest. You should send back the Goods or deliver them back to us at the address as shown on our order form, without undue delay and in any event not later than 14 days after the day on which you communicate your cancellation of this Agreement to us.

(f)   This deadline is met if you send back the Goods before the period of 14 days has expired. We will require that you bear the cost of returning the Goods to us.

(g)   You must take reasonable care of the Goods whilst they are in your possession. You will be responsible for any loss or damage from when they are delivered to you until when they are returned to us.

(h)   You are 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. For vehicle sales, a mileage charge of 40p per mile will also be charged over and above the mileage on the vehicle at the time of delivery.

20.   The Seller reserves the right to make a reasonable daily charge for the storage of the customer’s vehicle or vehicles.

21.   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.

22.   The Dealer shall have a general lien on any property of the Customer in its possession for all monies owing to the Dealer by the Customer on any account whatsoever.

23.   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.

24.   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 in terms of clause 17.

25.   All written notices given by the Dealer to the Customer shall take effect 24 hours after being dispatched by the Dealer in the normal course of post to the Customer’s address shown overleaf.

26.   In the event of a complaint or dispute of any kind our complaints handling procedure which can be found on our website and is also available from us on request. Where your complaint cannot be resolved, once you have exhausted our internal process please refer to the website for our ADR process.

27.   Where any dispute cannot be resolved through ADR, this Purchase Order and Contract shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.