Terms And Conditions

1. This order and any allowance in respect of a used motor vehicle* offered by the Purchaser are subject lo acceptance and confirmation in writing by the Seller.

2.
(a) The used vehicle is supplied as roadworthy at the date of delivery and, in the case of consumer sales (as defined by the Supply of Goods (lmplied Terms) Act 1973):-
(i) Is sold subject to any condition or warranties that are implied in the Sale of Goods Act 1893 or any amending statues.

(ii) Prior to signing the order form the purchaser shall examine the vehicle and the items set out in the Purchasers
Certificate of Examination overleaf and the purchaser is reminded that the condition of merchantable quality implied by section 14(2) of the Sales of Goods Act 1893 does not operate in relation to such defects which that examination ought to reveal. Should the goods be sold also subject to defects notified by the dealer to the purchaser before signing the agreement, the condition of merchantable quality above referred does not operate in relation to those defects.

(b) Save in the case of consumer sales (as defined) all statements, conditions or warranties as to the quality of the goods or their fitness for the purpose whether expressed or implied by law excluded.

3. Any accessories fitted as new to the vehicle will be entitled to the benefit of any warranty given by the manufacturers of these accessories,

4. (a) The Seller will endeavour to secure delivery of the Goods 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. (The Sellers shall not be obliged to fulfil orders in the sequences in which they are placed.)

(b) lf 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 notice in writing to the Seller require delivery within 7 clays of receipt of such notice. If the goods shall not be delivered to the Purchaser within the said 7 days the contract shall be cancelled.

5. If the contract be cancelled under he provisions of clause 4 hereof the deposit shall be returned o the Purchaser and the Seller shall be under no further liability.

6. lf the Purchaser shall fail to take and pay for the goods within 14 days of notification that the goods have been completed for delivery, the Seller shall be at liberty to treat the contract as replicated by the Purchaser and thereupon the deposit shall be forfeited without prejudice to the Seller's right to recover from the Purchaser by way of damages any loss or expense which the Seller may suffer or incur by reason of the Purchaser's default.

7. The goods shall remain the property of the Seller until the price has been discharged in full .A cheque given by the Purchaser in payment shall not be received as a discharge until the same has been cleared.

8. Where the Seller agrees to allow part of the price of the goods to be discharged by the Purchaser delivering a used motor vehicle to the Seller, such allowance is hereby agreed to be given and received and such used vehicle is hereby agreed to be delivered and accepted as part of the sale and purchase of the goods and upon the further following conditions.

(a) (ii) that such used vehicle is the absolute property to the Purchaser and is free of all encumbrances.

or {ii} that such used vehicle is the subject of a hire purchase agreement or other encumbrance capable of cash settlement by the Seller, in which case the allowance shall be reduced by the amount required to be paid by the Seller in settlement thereof.

(b) that if the Seller has examined the said used vehicle prior to his confirmation and acceptance of the order, the said used vehicle shall be delivered to him in the same condition as at the date of such examination (fair wear and tear excepted).

(c) that such used vehicle shell be delivered to the Seller on or before delivery of the goods is be supplied by him hereunder, and the property in the said used vehicle shall thereupon pass to the Seller absolutely.

(d) that without prejudice to (c) above such used vehicle shall be delivered is the Seller within 14 days of notification to the Purchaser that the goods supplied by the Seller have been completed for delivery.

(e) that if the goods to be delivered by the Seller through no default in the part of the Seller shall not be delivered to the Purchaser 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 reduction by an amount not exceeding 2½% for each completed period of 30 days from the date of expiry of the first mentioned 30 days, to the date of delivery to the Purchaser of the goods.

In the event of the non fulfilment of any of the foregoing conditions, other than (e) the Seller shall be discharged from any obligation to accept the said used vehicle or to make any allowance in respect thereof, and the Purchaser shall discharge in cash the full price of the goods to be supplied by the Seller.

9. Any notice given hereunder must be in writing and sent by post to the residence or place of business of the person to whom it is addressed and shall be deemed to have been received in due course of post.

10. Notwithstanding the provisions of this agreement the Purchaser shall be at liberty before the expiry of 7 days after notification to him that the goods have been completed for delivery to arrange for 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 preceding clauses of this agreement shall cease to have effect, but any used vehicle for which an allowance was hereunder agreed to be made to the Purchaser shall be bought by the Seller at a price equal to such allowance, upon the conditions set forth in clause 8 above (save that in (c), (d) and (e) thereof all reference to "delivery" or "delivered" in relation to “the goods" shall be construed as meaning delivery or delivered by the Seller or to the order of the finance company) and the Seller shall be accountable to the finance company on behalf of the purchaser for the said price and any deposit paid by him under the agreement.