STERLING MOTORS GROUP UK LTD

TERMS & CONDITIONS

1. INTERPRETATION

1.1 Definitions

Business means a customer who purchases a Vehicle or services wholly or mainly for business, trade or professional purposes.

Conditions means these terms and conditions as amended from time to time in accordance with clause 21.3.

Consumer means an individual purchasing a Vehicle or services wholly or mainly for personal use and not wholly or mainly for business, trade or professional purposes.

Contract means the contract between the Dealer and the Customer for the sale and purchase of the Vehicle and/or services in accordance with these Conditions.

Customer means the person, firm or company purchasing the Vehicle and/or services from the Dealer.

Customer-Requested Delivery means delivery of the Vehicle to an address requested by the Customer and agreed by the Dealer. Customer-Requested Delivery is an optional supplementary service and is not the Dealer’s standard handover method unless expressly confirmed in writing.

Dealer means STERLING MOTORS GROUP UK LTD, 11 Bridge Street, Bury, Lancashire, England, BL0 9AB, registered in England and Wales with company number 16628756. Trading address: Blackpool Road, Kirkham, Preston, PR4 2RE.

Delivery Location means the Dealer’s premises, another location nominated by the Dealer for Standard Handover, or, where Customer-Requested Delivery has been agreed, the address agreed in writing.

Distance Sale means a Contract that is made with a Consumer where the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply.

Exchange Vehicle means any vehicle offered by the Customer in part exchange.

Force Majeure Event means an event, circumstance or cause beyond a party’s reasonable control.

Goods means any Vehicle, accessories, documents, items, products or services supplied by the Dealer.

Order means the Customer’s order for the Vehicle and/or services, as set out in the order form, invoice, finance documentation, reservation form, email confirmation or other written acceptance issued or accepted by the Dealer.

Standard Handover means collection of the Vehicle by the Customer from the Dealer’s premises or another location nominated by the Dealer. Standard Handover is the Dealer’s standard and least expensive method of handover unless otherwise agreed in writing.

Vehicle means any car, van, minibus, caravan, trailer, lorry, motorbike, motor-driven vehicle, or any component, accessory or item supplied with it.

1.2 Interpretation

(a) A person includes a natural person, corporate body or unincorporated body, whether or not having separate legal personality.

(b) A reference to a party includes its personal representatives, successors and permitted assigns.

(c) A reference to a statute or statutory provision includes that statute or provision as amended, extended or re-enacted from time to time and includes all subordinate legislation made under it.

(d) Words such as “including”, “include”, “in particular”, “for example” or similar expressions are illustrative and do not limit the meaning of the words before them.

(e) A reference to writing or written includes email.

(f) Headings are for convenience only and do not affect interpretation.

2. BASIS OF CONTRACT

2.1 These Conditions apply to the Contract to the exclusion of any other terms the Customer seeks to impose or incorporate, or which are implied by trade custom, practice or course of dealing, except where such terms cannot legally be excluded.

2.2 The Order constitutes an offer by the Customer to purchase the Vehicle and/or services in accordance with these Conditions.

2.3 The Customer is responsible for ensuring that the terms of the Order, Vehicle details, price, specification, mileage, delivery arrangements, finance arrangements and any part-exchange details are complete and accurate before signing, accepting or proceeding with the Contract.

2.4 The Order shall only be deemed accepted when the Dealer issues written acceptance of the Order, receives payment, confirms the sale, approves release of the Vehicle, or otherwise confirms acceptance in writing, at which point the Contract shall come into existence.

2.5 Any quotation given by the Dealer does not constitute an offer. A quotation is valid for 20 Business Days unless withdrawn earlier or stated otherwise in writing.

2.6 Any advertising, descriptions, photographs, videos, catalogues, website listings or other material produced by the Dealer are provided to give a general indication of the Vehicle. The Customer must check and confirm any important feature, specification, running cost, mileage, MOT status, service history, equipment, derivative, trim level or suitability before purchase.

2.7 The Dealer will take reasonable care to ensure descriptions are accurate, but specifications may vary. The Customer must not rely on any feature, specification or statement unless confirmed in writing by the Dealer and included in the Order.

2.8 These Conditions do not affect any statutory rights the Customer has as a Consumer.

3. VEHICLE DESCRIPTION AND SPECIFICATION

3.1 The Vehicle is described in the Order, invoice, advert, website listing or other written confirmation issued by the Dealer.

3.2 Used vehicles are sold subject to age, mileage, previous use, wear and tear, service history, MOT history, cosmetic condition and mechanical condition consistent with their age and mileage.

3.3 Unless expressly stated in writing, used vehicles are not sold as being in new condition.

3.4 The Customer acknowledges that used vehicles may have cosmetic imperfections, wear and tear, previous repairs, replacement parts, age-related marks, stone chips, wheel marks, interior wear and other condition issues consistent with age, mileage and use.

3.5 The Dealer reserves the right to amend the Vehicle specification where required by any applicable statutory or regulatory requirement.

3.6 The Customer is responsible for confirming that the Vehicle is suitable for their needs before purchase, including but not limited to size, dimensions, seating, boot space, insurance, running costs, fuel type, ULEZ/CAZ suitability, towing, charging requirements, driving position, accessibility, parking suitability and finance affordability.

4. DELIVERY AND HANDOVER

4.1 Unless Customer-Requested Delivery has been agreed in writing, the Customer shall collect the Vehicle from the Dealer’s premises or such other location as may be nominated by the Dealer prior to handover.

4.2 Collection from the Dealer’s premises, or another location nominated by the Dealer, is the Dealer’s Standard Handover method and is available at no additional charge unless otherwise stated in the Order.

4.3 Handover/delivery is completed when the Vehicle is made available to, collected by, delivered to, or accepted by the Customer or a person nominated by the Customer.

4.4 Risk in the Vehicle passes to the Customer on completion of handover/delivery.

4.5 If the Customer requests delivery to an agreed address, the Dealer may, at its discretion, agree to provide Customer-Requested Delivery as an optional supplementary service.

4.6 Any Customer-Requested Delivery charge will be confirmed before the Contract is completed.

4.7 Where the Customer chooses Customer-Requested Delivery instead of Standard Handover, any delivery cost above the Dealer’s least expensive standard handover option is a supplementary delivery cost.

4.8 Any dates or times quoted for delivery or handover are approximate only. Time of delivery or handover is not of the essence unless expressly agreed in writing by the Dealer.

4.9 The Dealer shall not be liable for any delay caused by a Force Majeure Event, transport delay, supplier delay, vehicle preparation issue, MOT delay, parts delay, finance delay, documentation delay, weather, road conditions, or the Customer’s failure to provide adequate instructions, payment, identification, insurance confirmation, finance documentation or other information required.

4.10 If the Customer fails to collect or accept the Vehicle within seven Business Days of the Dealer notifying the Customer that it is ready, the Dealer may store the Vehicle and charge the Customer for reasonable storage, insurance and related costs.

4.11 If the Customer fails to collect or accept the Vehicle within 14 Business Days of being notified that it is ready, the Dealer may cancel the Contract, retain or deduct any lawful costs or losses from any deposit or payment, and resell or otherwise dispose of the Vehicle, subject to the Customer’s statutory rights.

4.12 Where the Customer cancels under applicable Distance Sale cancellation rights, delivery and return obligations are dealt with in clause 14.

5. PRICE AND PAYMENT

5.1 The price of the Vehicle shall be the price set out in the Order.

5.2 Unless expressly stated otherwise in writing, the Vehicle price excludes optional products, warranty upgrades, delivery charges, finance charges, road tax, administration charges, number plate charges, fuel, accessories, preparation requested by the Customer, or any other additional service.

5.3 The Dealer may, before delivery, correct any obvious pricing error or amend the price where required due to a change requested by the Customer, inaccurate information supplied by the Customer, finance changes, part-exchange changes, delivery changes, tax changes or other cost changes outside the Dealer’s reasonable control.

5.4 Payment must be made in full and in cleared funds before the Vehicle is released unless finance or another written payment arrangement has been accepted by the Dealer.

5.5 Time for payment is of the essence.

5.6 Where VAT is applicable, it will be dealt with in accordance with applicable VAT rules. Where the Dealer is not VAT registered or where a vehicle is sold under a VAT margin scheme, VAT may not be separately shown or recoverable by the Customer.

5.7 The Customer is responsible for checking the Order carefully before signing, accepting or proceeding with payment.

6. DEPOSITS AND RESERVATIONS

6.1 A deposit or reservation payment may be required to reserve a Vehicle, remove it from sale, prepare it for sale, arrange MOT, arrange servicing, arrange delivery, arrange finance, or otherwise proceed with the Contract.

6.2 Unless otherwise stated in writing, deposits are non-refundable where the Customer cancels, fails to proceed, fails finance due to inaccurate or incomplete information, fails to collect, fails to pay, or otherwise breaches the Contract without legal entitlement to cancel.

6.3 The Dealer may deduct from any deposit or payment any direct loss, cost, preparation cost, MOT cost, service cost, transport cost, advertising cost, administration cost, finance cost, warranty cost, stocking cost, storage cost or other cost reasonably incurred due to the Customer failing to proceed, to the extent permitted by law.

6.4 Where a Consumer validly cancels under statutory Distance Sale cancellation rights, any deposit paid will be treated as part of the total amount paid and dealt with under clause 14, subject to any lawful deductions, charges, set-off, damage, mileage, return costs or other sums due.

6.5 Nothing in this clause affects the Customer’s statutory rights.

7. TITLE AND RISK

7.1 Risk in the Vehicle passes to the Customer on completion of handover/delivery.

7.2 Title to the Vehicle shall pass in accordance with the Order, finance agreement or payment arrangement applicable to the transaction.

7.3 Where the Vehicle is funded by a finance company, title may pass to the finance company or as otherwise required by the finance agreement.

7.4 From the point of handover/delivery until the Vehicle is returned and accepted back by the Dealer, the Customer is responsible for keeping the Vehicle taxed where required, insured, secure, roadworthy and in substantially the same condition as at handover, subject to any fair inspection permitted by law.

7.5 The Customer is responsible for all fines, penalties, charges, congestion charges, tolls, parking charges, speeding offences, traffic offences, storage charges, recovery charges, insurance issues, tax issues and other liabilities arising from possession, use or keeping of the Vehicle after handover/delivery until it is returned to and accepted by the Dealer.

8. FINANCE AND THIRD-PARTY FUNDING

8.1 Where the Customer uses finance or third-party funding to purchase the Vehicle, the Vehicle sale and the finance agreement may involve separate legal relationships.

8.2 The Customer is responsible for reading, understanding and complying with the finance agreement.

8.3 No finance arrangement, monthly payment, credit approval, finance acceptance, settlement figure, part-exchange allowance, finance proposal, exchange, swap, unwind or substitution is binding on the Dealer unless confirmed in writing and accepted by all relevant parties.

8.4 If the Customer provides incorrect, incomplete or misleading information to the Dealer, finance provider or broker, or fails to complete any finance documentation or requirement, the Customer shall be responsible for any direct loss, cost, chargeback, commission clawback, stocking cost, administration cost or other cost reasonably incurred by the Dealer as a result, to the extent permitted by law.

8.5 No exchange, swap, replacement vehicle, unwinding of finance, substitution of vehicle or cancellation of sale is agreed unless confirmed in writing by the Dealer and, where applicable, approved by the finance provider.

8.6 Where a Customer cancels a Distance Sale, the Dealer will liaise with the relevant finance provider once the Vehicle has been returned, inspected and accepted back by the Dealer, subject to any lawful deductions, charges, missing items, mileage, damage, finance-provider requirements or other matters arising under these Conditions.

8.7 The Dealer does not provide financial advice.

8.8 Finance availability, monthly payments, deposits, acceptance, rates and terms are subject to the finance provider’s requirements and approval.

9. PART EXCHANGE

9.1 The Dealer is not obliged to accept any vehicle in part exchange unless the part exchange is confirmed in writing on the Order and the Exchange Vehicle is delivered in the condition, mileage, ownership status, history and specification represented by the Customer.

9.2 Any part-exchange valuation is conditional until the Dealer has physically inspected and accepted the Exchange Vehicle, checked its mileage, ownership, finance status, condition, documents, keys, MOT, history and any other relevant information.

9.3 The Exchange Vehicle remains at the Customer’s risk until actual delivery to and acceptance by the Dealer.

9.4 If there is a delay in delivery of the Vehicle, or delivery takes place more than two months after the part-exchange allowance was agreed, the Dealer may amend the part-exchange allowance to reflect any reduction in value, market movement, mileage increase, condition change or other relevant factor.

9.5 If any finance settlement applies to the Exchange Vehicle, the up-to-date finance settlement value at the point of delivery will be used and the Contract may be amended accordingly.

9.6 The Dealer may refuse, reduce the valuation of, or reverse acceptance of any Exchange Vehicle if:

(a) it has been involved in an accident or sustained damage not disclosed to the Dealer;

(b) there is any discrepancy in mileage, history, MOT, ownership, finance, write-off status, keeper history or description;

(d) there is outstanding finance, a logbook loan, security interest or third-party claim;

(e) the Customer is not legally entitled to sell it;

(f) the V5C is not in the Customer’s name, is missing, damaged, incomplete or inconsistent;

(g) it does not have a valid MOT or has less than 30 days’ MOT remaining unless agreed in writing;

(h) warning lights, mechanical faults, electrical faults, gearbox/clutch issues, engine issues, structural issues or other faults are discovered;

(i) keys, documents, accessories or service history are missing;

(j) the Exchange Vehicle is not delivered within the agreed timeframe;

(k) the Exchange Vehicle differs from the information provided by the Customer.

9.7 Any Exchange Vehicle must be supplied with all keys, V5C, service history, MOT documents, accessories, locking wheel nut, manuals and any other items reasonably required by the Dealer.

10. VEHICLE QUALITY, FAULTS AND INSPECTION

10.1 The Dealer warrants that, on the date of delivery, the Vehicle shall:

(a) conform in all material respects with the written description provided by the Dealer;

(b) be of satisfactory quality, taking into account age, mileage, price, description, condition, previous use and all other relevant circumstances;

(d) comply with any statutory rights that cannot legally be excluded.

10.2 If the Customer alleges that the Vehicle does not comply with clause 10.1, the Customer must notify the Dealer in writing as soon as reasonably possible, provide full details of the issue, stop using the Vehicle where continued use may worsen the issue or cause further loss, and give the Dealer a reasonable opportunity to inspect, diagnose and assess the Vehicle.

10.3 Unless otherwise required by law, the Vehicle must be made available for inspection by the Dealer at the Dealer’s premises or at another location agreed by the Dealer.

10.4 The Customer must not authorise third-party repairs, dismantling, diagnosis, recovery, storage or transport at the Dealer’s cost unless the Dealer has agreed this in writing in advance, except in an emergency where such action is necessary to prevent immediate safety risk or further damage.

10.5 The Dealer shall not be responsible for any additional damage, loss, deterioration, diagnostic complication, recovery cost, repair cost or reduction in value caused or worsened by the Customer continuing to use the Vehicle after becoming aware of a fault, warning light, abnormal noise, fluid leak, overheating, braking issue, clutch/gearbox issue or any other issue where continued use may reasonably cause further loss or damage.

10.6 The Dealer shall not be liable for any fault or issue caused by fair wear and tear, misuse, neglect, accident, abnormal use, lack of maintenance, unauthorised repair, alteration, continued use after a fault appears, contaminated fuel, incorrect fuel, third-party work, or failure to follow reasonable instructions.

10.7 Nothing in this clause affects the Customer’s statutory rights.

11. WARRANTY

11.1 The Dealer will transfer to the Customer the benefit of any manufacturer warranty where such warranty exists and is transferable.

11.2 The Dealer will comply with the terms of any express warranty or guarantee provided on the Order.

11.3 Any third-party warranty or warranty upgrade is subject to the warranty provider’s terms, conditions, exclusions, claim limits, mileage limits, age limits and claims process.

11.4 Warranty cover does not replace, remove or reduce the Customer’s statutory rights.

11.5 Warranty claims must be made in accordance with the relevant warranty provider’s process unless the Dealer confirms otherwise in writing.

12. REPAIRS, COMPLAINTS AND RETURNS

12.1 Unless otherwise required by law or agreed by the Dealer in writing, the Customer is responsible for making the Vehicle available to the Dealer for inspection, diagnosis, repair assessment, return or collection at the Dealer’s premises or another location agreed by the Dealer.

12.2 The Customer must not incur third-party repair, recovery, diagnosis, storage or transport costs on behalf of the Dealer unless the Dealer has agreed those costs in writing before they are incurred.

12.3 If the Customer raises a complaint, rejection request, repair request or return request, the Customer must provide the Dealer with a reasonable opportunity to inspect and assess the Vehicle.

12.4 The Customer must not continue using the Vehicle where doing so may worsen the issue, increase loss, increase repair cost or reduce the Vehicle’s value.

12.5 This clause does not affect the Customer’s statutory rights.

13. DISTANCE SALES AND CANCELLATION RIGHTS

13.1 These Distance Sale terms apply where the Customer is a Consumer and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply to the Contract.

13.2 If the Regulations apply, the Customer has the right to cancel the Contract within 14 days without giving any reason, subject to these Conditions and any deductions or charges permitted by law.

13.3 The cancellation period expires 14 days after the day on which the Customer, or a third party nominated by the Customer, takes physical possession of the Vehicle.

13.4 To exercise the right to cancel, the Customer must inform the Dealer of the decision to cancel by a clear written statement sent by email or post. The Customer may use a cancellation form supplied by the Dealer, but is not required to do so.

13.5 To meet the cancellation deadline, it is sufficient for the Customer to send the clear cancellation statement before the cancellation period expires.

13.6 A request to discuss an exchange, swap, alternative vehicle, complaint, finance query, affordability issue or suitability concern is not automatically a cancellation unless the Customer clearly states that they are cancelling the Contract under their Distance Sale cancellation rights.

13.7 No exchange, swap, replacement vehicle, substitute agreement or alternative vehicle is agreed unless confirmed in writing by the Dealer and, where applicable, approved by any finance provider.

Effects of cancellation

13.8 If the Customer cancels this Contract under clause 13, the Customer must return the Vehicle to the Dealer without undue delay and in any event no later than 14 days after the day on which the Customer informs the Dealer of the cancellation.

13.9 Unless the Dealer has agreed otherwise in writing, the Customer is responsible for the direct cost, risk and safe return of the Vehicle to the Dealer’s premises or another return location agreed by the Dealer.

13.10 The Customer must return the Vehicle with all items supplied, including all keys, handbooks, service history, invoices, accessories, locking wheel nut, charging cables, parcel shelves, mats, SD cards, documents, warranty documents and any other items supplied with the Vehicle.

13.11 If the V5C registration document has not yet been issued by DVLA, the Customer must fully cooperate with all reasonable steps required by the Dealer to transfer the registered keeper record back to the Dealer or to a person or business nominated by the Dealer. Failure to cooperate with V5C or DVLA administration may result in the Customer being responsible for any reasonable direct loss, cost, delay, penalty, charge or reduction in value caused by that failure, to the extent permitted by law.

13.12 From the point the Customer notifies the Dealer of cancellation, the Vehicle must not be used other than for a direct return journey to the Dealer agreed in advance, or for loading/unloading with a transporter. The Vehicle must remain insured, secure, roadworthy, taxed where required, and kept in the same condition until returned and accepted back by the Dealer.

13.13 The Customer remains responsible for all fines, penalties, road traffic offences, parking charges, tolls, congestion charges, insurance, tax, recovery, storage, damage, loss or other liabilities relating to the Vehicle until it is returned to and accepted by the Dealer.

13.14 The Dealer may reduce the refund for any loss in value caused by handling, use or deterioration beyond what is necessary to establish the nature, characteristics and functioning of the Vehicle. This may include additional mileage, damage, excess wear, smoking, vaping, pet contamination, staining, odours, missing items, missing keys, missing documents, missing accessories, mechanical deterioration, warning lights, tyre damage, alloy wheel damage, bodywork damage, interior damage, or any other reduction in condition or value.

13.15 For guidance, unless agreed otherwise in writing, the Dealer considers up to 20 miles after delivery to be a reasonable inspection allowance. Mileage beyond this, excluding a direct return journey agreed by the Dealer, may be assessed at up to £1 per mile or such other reasonable amount as reflects the actual loss in value, market impact, preparation cost, transport cost or other cost caused by the additional use.

13.16 If the Vehicle is returned with additional mileage, damage, excess wear, missing items, missing documents or any change in condition, the Dealer may inspect the Vehicle and make any lawful deduction from the refund, or claim any additional amount due, to the extent permitted by law.

13.17 The Dealer may withhold reimbursement until the Dealer has received the Vehicle back or the Customer has supplied satisfactory evidence that the Vehicle has been returned, subject to any further inspection, deductions, finance-provider requirements, missing items, documents, damage or other issues arising under these Conditions.

13.18 Subject to any lawful deductions, the Dealer will make any reimbursement due without undue delay and within the timeframe required by law.

13.19 Collection from the Dealer’s premises, or another location nominated by the Dealer, is the Dealer’s Standard Handover method and is available at no additional charge unless otherwise stated in the Order.

13.20 Where the Customer requests delivery to an agreed address, this is an optional supplementary Customer-Requested Delivery service. Where cancellation rights apply, the Dealer will refund any standard outbound delivery cost required by law. The Dealer will not refund supplementary delivery costs above the Dealer’s least expensive standard handover/delivery option, to the extent permitted by law.

13.21 Any deposit paid by the Customer forms part of the total amount paid and will be dealt with as part of the cancellation/refund process. A deposit will not be retained merely because it is described as non-refundable where the Customer has validly exercised statutory cancellation rights, but the Dealer may apply any lawful deductions, charges or set-off permitted under these Conditions and by law.

13.22 These Distance Sale terms do not limit or exclude any rights the Customer has under the Consumer Rights Act 2015 or any other statutory rights that cannot legally be excluded.

14. CUSTOMER INSPECTION AND SUITABILITY

14.1 The Customer is responsible for reviewing the Vehicle description, photographs, video walkaround where provided, specification, mileage, MOT status, service history, running costs, insurance suitability, size, practicality, dimensions and suitability before entering into the Contract.

14.2 The Customer is encouraged to inspect the Vehicle in person or arrange an independent inspection before purchase.

14.3 If the Customer chooses to purchase remotely without physical inspection, the Customer acknowledges that they have had the opportunity to ask questions, request further photographs/video, and satisfy themselves as to the Vehicle’s suitability before entering into the Contract.

14.4 The Customer must notify the Dealer before purchase if they require the Vehicle for any particular purpose or require any specific feature, dimension, function, equipment or suitability.

14.5 Nothing in this clause limits the Customer’s statutory rights or excludes liability for misdescription, unsatisfactory quality or any matter that cannot legally be excluded.

15. LIMITATION OF LIABILITY

15.1 The restrictions on liability in this clause apply to every liability arising under or in connection with the Contract, including liability in contract, tort, negligence, misrepresentation, restitution or otherwise.

15.2 Nothing in the Contract limits or excludes any liability which cannot legally be limited or excluded, including liability for:

(a) death or personal injury caused by negligence;

(b) fraud or fraudulent misrepresentation;

(d) defective products under the Consumer Protection Act 1987.

15.3 Subject to clause 15.2, the following types of loss are excluded to the maximum extent permitted by law:

(a) loss of profits;

(b) loss of sales or business;

(d) loss of anticipated savings;

(e) loss of use or corruption of software, data or information;

(f) loss of or damage to goodwill;

(g) indirect or consequential loss.

15.4 This clause shall survive termination of the Contract.

16. TERMINATION

16.1 Without limiting its other rights or remedies, the Dealer may terminate the Contract with immediate effect by giving written notice to the Customer if:

(a) the Customer commits a material breach of the Contract and, if the breach can be remedied, fails to remedy it within 7 days of being notified in writing;

(b) the Customer fails to pay any amount due under the Contract on the due date for payment;

(d) the Customer fails to complete finance documentation or finance requirements;

(e) the Customer fails to collect or accept delivery of the Vehicle within the agreed timeframe;

(f) the Customer’s financial position deteriorates so far as to reasonably justify the opinion that their ability to perform the Contract is in jeopardy.

16.2 On termination, the Customer shall immediately pay to the Dealer all outstanding unpaid invoices and amounts due.

16.3 Termination shall not affect any rights or remedies that have accrued before termination, including the right to claim damages for breach.

16.4 Any provision intended to continue after termination shall remain in force.

16.5 Nothing in this clause affects the Customer’s statutory rights.

17. FORCE MAJEURE

17.1 Neither party shall be in breach of the Contract or liable for delay or failure to perform its obligations if such delay or failure results from a Force Majeure Event.

17.2 If the period of delay or non-performance continues for two months, the party not affected may terminate the Contract by giving 7 days’ written notice.

18. STORAGE CHARGES

18.1 If the Customer’s vehicle, part-exchange vehicle, property or returned vehicle is left at the Dealer’s premises without agreement, or the Customer fails to collect or make arrangements after being requested to do so, the Dealer may charge reasonable storage costs after giving written notice.

18.2 Storage charges may apply where the Customer fails to collect personal belongings, documents, part-exchange vehicles or other property within 7 days of being notified.

18.3 The Dealer may retain possession of any property or vehicle to the extent permitted by law until outstanding charges, costs or liabilities due to the Dealer have been paid.

19. LOSS OR DAMAGE

19.1 The Dealer shall not be responsible for any loss or damage to the Customer’s property, personal belongings, part-exchange vehicle or other items unless caused by the negligence of the Dealer or its employees, agents or subcontractors.

19.2 The Customer is responsible for removing all personal belongings from any vehicle left with or supplied to the Dealer.

19.3 The Dealer is not responsible for items left in vehicles unless liability cannot legally be excluded.

20. COMPLAINTS

20.1 If the Customer has any questions or complaints about the Vehicle, they should contact the Dealer in the first instance.

20.2 Where the Customer is dealing as a Consumer and has a complaint or dispute, the Dealer operates its own complaints handling procedure.

20.3 Complaint details are available on the Dealer’s website or upon request.

20.4 The Customer must give the Dealer a reasonable opportunity to investigate, inspect and respond to any complaint.

21. GENERAL

21.1 Assignment

(a) The Dealer may assign, transfer, subcontract, delegate or otherwise deal with its rights or obligations under the Contract.

(b) The Customer may not assign, transfer, subcontract, delegate or otherwise deal with any rights or obligations under the Contract without the Dealer’s prior written consent.

21.2 Entire Agreement

(a) The Contract constitutes the entire agreement between the parties and supersedes all previous agreements, promises, assurances, warranties, representations and understandings relating to its subject matter.

(b) The Customer confirms that they have not relied on any statement, promise, representation, assurance or warranty not set out in the Contract, except where such exclusion is not permitted by law.

21.3 Variation

No variation of the Contract shall be effective unless agreed in writing by the Dealer.

21.4 Waiver

No failure or delay by either party to exercise any right or remedy shall constitute a waiver of that or any other right or remedy.

21.5 Severance

If any provision or part-provision of the Contract is or becomes invalid, illegal, unfair or unenforceable, it shall be deemed deleted or amended to the minimum extent necessary. This shall not affect the validity and enforceability of the rest of the Contract.

21.6 Notices

(a) Formal notices to the Dealer should be sent to the Dealer’s registered office or such email address as the Dealer provides.

(b) Formal notices to the Customer may be sent by email or post to the address or email address provided by the Customer.

21.7 Third Party Rights

Unless expressly stated otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999.

21.8 Authority to Contract

The Customer is responsible for any Order placed by any person reasonably believed by the Dealer to be authorised by the Customer.

21.9 Authority to Accept Handover

The Dealer may deliver or release the Vehicle to the Customer or to any person reasonably believed by the Dealer to be authorised by the Customer. The Dealer is not responsible for any issue arising from the Customer nominating another person to collect, accept or receive the Vehicle.

21.10 Authority to Drive

In connection with supply, inspection, testing, preparation, diagnosis, delivery, repair, valuation or estimate, the Dealer and its employees, agents, subcontractors or representatives may drive the Vehicle or any Exchange Vehicle on the road.

21.11 Governing Law

The Contract and any dispute or claim arising out of or in connection with it shall be governed by the law of England and Wales.

21.12 Jurisdiction

The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contract.

22. STATUTORY RIGHTS

22.1 Nothing in these Conditions limits, excludes or restricts the Customer’s statutory rights where the Customer is acting as a Consumer.

22.2 If any term is found to be invalid, unfair or unenforceable, that term shall be treated as removed or amended only to the minimum extent necessary, and the remaining Conditions shall continue in full force and effect.

22.3 These Conditions are intended to apply to the fullest extent permitted by law.

Terms & Conditions