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.