TERMS AND CONDITIONS OF SALE
MS Neild and AJ Sinnett trading as Dukes Cars
Dukes Showroom, Dukes Brow, BLACKBURN BB2 6DJ
(NOTHING IN THIS DOCUMENT SHALL RESTRICT THE STATUTORY RIGHTS OF A CONSUMER)
1. These terms and conditions together with the details set out overleaf are intended to contain all the terms of agreement between us the vendor and you the purchaser relating to the sale and purchase of the vehicle described overleaf. If you wish to rely on any amendments or addition, you should ensure it is confirmed in writing by one of our duly authorised representatives.
2. You must provide us with any information we need in order to comply with money laundering legislation, and guarantee the accuracy of the information so supplied.
3. If this agreement relates to the purchase of a vehicle, you may arrange for a finance company to purchase it from us within seven days of being notified that it is ready for delivery. The vehicle will then be delivered to the order of such finance company and all references to delivery of the vehicle shall be construed accordingly. When the finance company purchases the vehicle, clauses 5 and 9 to 14 inclusive of this agreement shall cease to apply. The provisions of this agreement relating to the part exchange vehicle, if any, shall continue to apply that we shall account for the part exchange allowance and any deposit paid under this agreement to the finance company on your behalf.
4. This agreement is made in England, shall be subject to the exclusive jurisdiction of the English courts and shall be governed and construed in accordance with English law.
5. The purchase price is the price for the goods, including where applicable accessories, delivery and VAT, current at the date of the order. If the rate or amounts of car tax, VAT or road fund license changes between the date of order and the date of delivery, you must pay the amount current at the date of delivery.
Part exchange vehicle
6. If we have agreed to accept a part exchange vehicle at an agreed value in part payment of the purchase price, we shall only be bound to do so if the part exchange vehicle is free from any higher purchase agreements, charges or other encumbrances which you did not disclose to us before the date of order.
7. Delivered to our place of business before we deliver the goods to you and in the same condition subject only to fair wear and tear and reasonable increase in mileage on delivery to us as it was when we examined it before agreeing the part exchange allowance. If you fail to satisfy any of the above conditions, we will not be obliged to accept the part exchange vehicle or to allow the part exchange allowance against the purchase price and you may be required to pay the full purchase price before you can take delivery.
8. If the payment required to release the part exchange vehicle absolutely from any encumbrances is greater than the amount you disclosed to us before the date of order, or if the part exchange vehicle is delivered in a worse condition always an unreasonable increase in mileage, we may nevertheless in our discussion agree with you a reduced part exchange allowance and except the part exchange vehicle.
9. While we endeavour to deliver the goods by the estimated delivery date, we will not be liable for any claim for compensation of any description arising out of delay in delivery due to reasons beyond our control. In the event of such a delay, we will contact you to agree an alternative delivery date.
10. We will inform you when the goods are ready for delivery and you must pay the purchase price less any deposit and or part exchange allowance and take delivery within 14 days of being so informed. All payments must be made by either telegraphic transfer to our bank (details are available) by bankers draft, by cash although no more than £9000.00 will be accepted, by cheque in which case the cheque must be received not less than five working days before delivery and by debit or credit card, some credit cards are not accepted. If you fail to pay the purchase price and take delivery within 21 days of being informed that the goods are ready for delivery, we may give you notice cancelling the agreement and clause 13 shall apply.
11. If this agreement has been concluded without any face to face contact between us or anyone acting on our respective behalves, you may give notice cancelling this agreement within seven days of taking delivery of the goods, whereupon you must either return them to us or make them available for us to collect at your expense. You must take reasonable care of the goods and will be responsible for any loss or damage from when they are delivered to you until when they are returned to us. If we have agreed to except a part exchange vehicle at an agreed value in part payment of the purchase price, we have the option of either returning the part exchange vehicle or refunding the part exchange allowance.
Effect of cancellation
12. If we cancel the agreement pursuant, or if you cancel the agreement pursuant to clause 11, we will refund your deposit and, provided the cancellation was due to circumstances beyond our reasonable control, we shall have no further liability to you to you.
13. If we cancel the agreement pursuant to clauses 10, we will endeavour to sell the vehicle to another person. If it is not sold within a reasonable time, we will sell it at auction. Within seven days of the date of sale, we will give you a statement showing the sales price and any additional costs we have incurred in reselling the vehicle and will refund the balance of your deposit, if any, after deducting the amount we have lost (i.e. any reduction in the sales price and the additional costs of resale). If our loss is greater than your deposit, you must pay us the difference within seven days. We will provide copies of any receipts if you request them.
Transfer of ownership and risk
14. The goods will continue to belong to us until the total purchase price has been paid in full. You will, however, be responsible for any loss or damage from when they are delivered to you, and should insure accordingly. A cheque will not be treated as payment until it has been cleared. Ownership of the part exchange vehicle will transfer to us when you take delivery of the goods.
Faults, repairs, returns and refunds
15. If a fault renders the vehicle not fit for purpose or not as described, then you are entitled to reject it within the first 30 days. If a fault comes to light after 30 days but before 6 months you’re entitled to a repair. You must contact us if you do have a fault, you must stop using the vehicle immediately and inform us as soon as is reasonably possible. We will act accordingly to have the fault rectified.
16. The guarantee is additional to your statutory rights, and is not affected by any change of ownership of the goods. Remedial work under Guarantee (Warranty) may be carried out by any VAT registered company in the EEA authorised directly or indirectly by the Guarantee (Warranty) provider, who may repair or replace any defective parts or (if he considers repair or replacement on the economic) refund an appropriate part of the purchase price.
17. Except where the goods are delivered to the order of a finance company, we will supply you with a further copy of the Guarantee (Warranty) terms and delivery.
18. Except where you are buying as a consumer, and except for fraud or for death or personal injury resulting from our own negligence, we limit our liability for any breach of this agreement to the amount of the purchase price and expressly exclude all liability for loss of profits, goodwill or contracts and for any indirect or consequential or economic loss.
19. Any notice given under this agreement must be in writing and sent by post to the address of the person to whom it is addressed as set out overleaf and shall be deemed to have been received in due course of post.
21. The full policy is at https://www.dukescars.co.uk/privacy_policy.php OR write to request a hard copy.
Version 1.0 January 2020