V4B Ltd (Herein known as the contractor) reserve the right to cancel any order if any changes take place that are outlined in this contract either from the manufacturer, funder or the customer (Herein known as The customer which is you), this includes withdrawal of ‘offers’ (Special promotions offered by manufacturers, garages, and or finance houses) by manufacturers and funders.
This order and any part exchange allowance in respect of a used motor vehicle ordered by you the customer are subject to acceptance in writing by the seller on the order form overleaf. In these Terms and Conditions words defined overleaf on the order form have the same meanings when used below and “the goods” means the vehicle and / or parts specified to be purchased by the customer on the order form.
Any delivery date given (whether the same is specified in this order or has been previously or is subsequently specified) is not guaranteed by the seller and until paragraph 2.2 below has been invoked, no customer shall have no right to demand the refund of the deposit or to cancel this order should that date not be adhered to. Furthermore the Seller shall not be liable for any damage or claims of any kind in respect of such delay caused wholly or partly by factors outside its control.
The Seller shall not be required to supply vehicles in the sequence in which orders are placed.If the Seller fails to deliver the goods within 28 days of any estimated date of delivery stated in this order the Customer may by notice in writing to the Seller require delivery of the goods within 10 days of receipt of such notice. If the goods are not delivered to the Customer within the said 10 days the contract shall be cancelled and the Customer’s deposit shall be refunded.
1.0 The Seller will, if requested by the Customer, provide a written explanation as to why there is a delay in delivery.
2.0 If the goods to be supplied by the Seller are new the following conditions shall apply:
2.1 The goods may be delivered with minor alterations to the specification of the goods from the samples seen by the Customer in a catalogue, showroom, advertisement or website. Changes may also be made to the specification of the goods in order to comply with applicable safety, statutory or other regulatory requirements.
2.2 The goods shall have the benefit of such standard warranty from the manufacturer as is provided by the manufacturer as at the date of delivery. Details of the terms of that warranty can be obtained from the Seller on request. The goods shall also have the benefit of such separate standard warranty from the Seller as is provided by the Seller as at the date of delivery for a further period of time commencing from expiry of the manufacturer’s warranty. Again, details of the terms of the Seller’s own warranty can be obtained from the Seller on request. If the Customer is not a consumer all statements conditions or warranties as to the quality of the goods or their fitness for any particular purpose whether expressed or implied by law or otherwise are hereby expressly excluded.
2.3 The sum payable by the Customer in respect of the value added tax shall be such as the Seller is actually required to pay in respect of the goods at the time the relevant taxable supply occurs and any statement of such tax contained in the order shall be deemed to be an estimate and liable to be varied accordingly.
2.4 If the manufacturer or concessionaire shall vary its recommended price for the goods in any way after the date of this order but before supply of goods the Seller shall be entitled to give the Customer written notice that it intends to vary the contract price and shall specify the proposed variation. The Customer shall have the right within 28 days of receipt of such notice to cancel the order and obtain reimbursement of any deposit paid but if the Customer fails to give such notice the price as varied by the Seller’s notice shall become the correct price and the Customer shall be obliged to pay that price.
3 If the goods to be supplied by the Seller comprise a used vehicle the following conditions shall apply:
3.1 The used vehicle is to be supplied (unless otherwise specified) is roadworthy at the date of delivery and where the Customer is a consumer;
(i) the vehicle is sold subject to any conditions or warranty implied by the then Sale of Goods Act;
(ii) prior to signing this order the Customer shall examine the vehicle and complete a Customer’s Certificate of Examination. The Customer is reminded that the condition of satisfactory quality implied by Section 14(2) of the Sale of Goods Act 1979 does not operate in respect of defects which such examination should reveal. If the goods are sold also subject to defects notified by the Seller to the Customer prior to signing the order such condition of satisfactory quality does not apply in relation to those defects.
4 Where the Customer is not a consumer all statements conditions or warranties as to the quality of the goods or their fitness for any purpose whether expressed or implied by law or otherwise are hereby expressly excluded.
4.1 The Seller shall use its reasonable endeavours to obtain for the Customer the benefit of any warranty given by the manufacturer for any accessories fitted as new to the vehicle.
5. The contract for the purchase of the goods is governed by English law and is subject to the jurisdiction of the English courts.
6. If the Customer shall fail to take and pay for the goods in pounds sterling within 14 days of being notified by the Seller that they are ready for delivery the Seller shall be entitled to treat the order as cancelled by the Customer and any deposit may be forfeited. The Seller may sell the goods for the best price reasonably obtainable and the customer shall be liable for any loss, cost and expense incurred by the Seller.
7. Until the price has been paid in full with cleared funds by the Customer the goods shall remain the property of the Seller and in the case of payment by cheque until the relevant cheque has cleared by the paying bank. Risk passes on delivery.
8. Where the Customer offers a used vehicle in part exchange and the Seller agrees to accept the used vehicle as part of the sale and purchase of the goods a deduction shall be made from the full purchase price of the goods of an amount specified in the order or, (where the order does not specify an amount) of an amount to be agreed by the Customer and the Seller. The purchase of the Customer’s used vehicle shall be subject to the following conditions:
(i) that the used motor vehicle is the absolute property of the Customer free from all encumbrances;
(ii) that the used motor vehicle is subject to a hire purchase agreement or other finance agreement capable of cash settlement by the Seller and that any part exchange allowance agreed shall be reduced by the amount required to settle the outstanding debt.
8.1 If the used motor vehicle has been examined by the Seller prior to confirmation of acceptance of this order it shall be delivered to the seller in the same condition as at the date of such examination with the exception of fair wear and tear. If the vehicle changes in a significant way before we take possession, we will be entitled to amend the price we offered. The vehicle covering more than 250 miles will be considered a significant change for the purpose of this clause.
8.2 The used motor vehicle shall be delivered to the Seller on or before supply of the goods to the Customer and the property in the used motor vehicle shall pass to the Seller immediately upon such delivery. If it is an independent transaction the vehicle will be delivered to us within 7 days of the date of this agreement.
8.3 Before completing the purchase we will require the following documents unless you have stated that they are not available: Registration Document; Current MOT Certificate and Full service history. In some circumstances we may ask you for proof of your identity and verification that you own the vehicle.
8.4 Without prejudice to 8.2 above if the Seller shall serve notice upon the Customer in accordance with clause 6 above the used motor vehicle shall be delivered to the Seller before the expiry of such notice.
8.5 If through no fault on the part of the Seller the goods are not delivered to the Customer within 30 days after the date of this order or the estimated delivery date whichever is the later (“the delivery period”) the allowance to be made in respect of the used motor vehicle shall be reduced by an amount not exceeding 2% per month or part month commencing from the expiry of the delivery period and ending on the actual date of delivery of goods to the Customer.
9. Force Majeure: We shall be entitled to suspend or cancel our obligations under this agreement if we shall be prevented and/or hindered from fulfilling our obligations by strikes, lock-outs, fire or failure by any manufacturer or supplier to supply a Vehicle or the theft of a vehicle, or any other event outside our control.
10. If the goods are purchased at a distance within the meaning of the Consumer Protection (Distance Selling) Regulations 2000, the Customer may within 7 working days of delivery require the Seller to refund the purchase price. In this instance, the Customer must return the goods or make them available for collection and pay the sellers reasonable costs of collection.
11. Notwithstanding the Terms and Conditions of this order the Customer may at any time prior to the expiry of 7 days after notification to him that the goods are ready for delivery arrange for a Finance Company to purchase the goods from the Seller at the contract price. The Terms and Conditions of this order shall apply to such purchase save that the used vehicle for which an allowance was agreed to be made to the Customer shall be purchased by the Seller at a price equal to such allowance upon the conditions sat out in Clause 8 above (provided that in paragraph 8.2 and 8.4 the 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 such Finance Company) and the Seller shall be accountable to the Finance Company on behalf of the Customer for the said price and any deposit paid by the Customer in respect of this order.
12. If the “Customer” signs this order form and then cancels they will be liable to the following charges.
A) Prior to Registration ~ 15% the P11D Value.
B) Post Registration or delivery (where the vehicle cannot be de-registered) ~ CAP Black Book Clean Trade Value for latest year/plate based on 1000 miles
Cancellation fees will be invoiced immediately ~ payment terms will be 7 days.
13. This contract is entered in to on the express representation by the customer (including a finance or leasing company) that the vehicle concerned is not being purchased with a view to resale with commercial gain within a period of six months and
(i) Where the customer is an individual, that he or she is resident in the European Union, or where the Customer is a corporation its place of business is within the European Union
(ii) where the Customer is a finance company, that the vehicle is purchased on behalf of an end-user named in this contract with prior written authority, and that such end-user is resident or has its place of business within the European Union
14. All prices are subject to VAT unless otherwise stated.
15. Important information regarding Diesel vehicles with Diesel Particulate Filters (DPF)
Diesel particulate filters significantly reduce harmful emissions and are vital for diesel vehicles meeting European tailpipe emissions, but care is needed when using this technology in predominantly urban driving conditions. You (the customer) have been advised during the pre-order process of your responsibilities regarding DPF filters, therefore the seller will accept no responsibility for additional costs relating to DPF management and maintenance
16. If, as a result of the UK leaving the EU, tariffs/duties are payable on the import of vehicles, all the vehicle manufacturers now reserve the right to change the price of the vehicle(s). If a manufacturer does increase the price you will have an opportunity to cancel your order. This increase will not apply if your vehicle arrives in the UK prior to tariffs/duties applying.