TERMS AND CONDITIONS FOR THE SALE OF MOTOR VEHICLES

1. Definitions

1.1 “TheDealer”, for the purpose of identification in these terms and conditions will be, Masters of Beckenham, Masters of Shirley, The Chinese Garage (Masters Kia), Masters MG or Masters Mazda.
1.2 ”The Customer”, the person designed on the order form, contracting for goods and services to be supplied by the Dealer.

1.3 “ Consumer”, a Customer, being a private individual, an individual acting on behalf of a business or business itself.
1.4 ”Goods” means all goods or services as defined on the order form or invoice.
1.5 “Vehicle” includes any car or van, invalid carriage and generally each and every accessory to and component thereof.

2. WholeContract

2.1 These terms shall represent the whole contract between the Dealer and the Customer. They may be varied only by written agreement between the parties.

3. Interpretation

3.1 The singular shall include the plural and the male shall include the female or business entity as may be appropriate.

4. Enforceability

4.1 In the event of any one or more of these terms and conditions being declared unenforceable, the remaining terms and conditions shall nonetheless remain in full force and effect.

5. Written Confirmation

5.1 This order and any allowance in respect of a Vehicle offered by the Customer are Subject to acceptance and confirmation in writing by the Dealer.The sending of this contract by email will suffice as proof of delivery.

6. Delivery Time Not of the Essence

6.1 Unless specifically agreed in writing, time for delivery is not essential.

6.2 Where the date for delivery of the goods is not known at time of sale, any date provided is an estimate only and is dependent on the provision of the Goods to the Dealer by the Supplier/ Manufacturer. The Dealer will use its best endeavours to secure delivery of the Goods by the estimated delivery date (if any) but does not guarantee the time of delivery. The Dealer shall not be obliged to fulfil orders in the sequence in which they are placed.

6.3 If the Dealer shall fail to deliver the Goods within 21 days of the estimated date of delivery stated in this contract, the Customer may by notice in writing to the Dealer require delivery of the Goods within 14 days of receipt of such notice. If the Goods shall not be delivered to the Customer within the said 14 days the contract shall be cancelled.

7. New Goods

If the Goods to be supplied by the Dealer are new, the following provisions shall have effect:

7.1 This Agreement and the delivery of the Goods shall be subject to any terms and conditions which the manufacturer or concessionaire may from time to time lawfully attach to the supply of the Goods or the resale of such Goods by the Dealer, and the Dealer shall not be liable for any failure to deliver the Goods occasioned by his inability to obtain them from the manufacturer or concessionaire or by his compliance with such terms and conditions.

7.2 The Dealer undertakes that they will ensure that the pre-delivery work specified by the manufacturer or concessionaire is performed and that they will use their best endeavours to obtain for the Customer from the manufacturer or concessionaire the benefit of any warranty or guarantee given by them to the Dealer or to the Customer in respect of the Goods and, save where the Customer is acting as a consumer (as defined by Legislation) all statements, conditions or warranties expressed or implied by law or otherwise, are hereby expressly excluded.

7.3 Any figure provided within the contract for Road Tax is provided as guidance only. The company shall notify any increase in road tax to the customer prior to registration and this become payable by the customer.

7.4 Any figure provided within the contract for Value Added Tax is provided as guidance only. Notwithstanding also the sum for Value Added Tax specified in the order, the sum payable by the Customer in respect thereof shall be the sum for which the Dealer becomes legally liable at the time the taxable supply occurs.

7.5 If after the date of this order and before delivery of the Goods to the Customer, the manufacturer’s or concessionaire’s recommended price for any of the Goods, or specification of the same shall be altered, the Dealer shall give notice of any such alteration to the Customer, and

7.5.1 in the event of the manufacturer’s or concessionaire’s recommended price for the Goods being increased, the amount of such increase which the Dealer intends to pass to the Customer shall be notified to the Customer. The Customer shall have the right to cancel the contract within 14 days of the receipt of such notice. If the customer does not give such notice as aforesaid, the increase in the price shall be added to become part of the contract price.

7.5.2 in the event of the recommended price being reduced, the amount of such reduction, if any, which the Dealer intends to allow to the Customer shall be notified to the Customer. If the amount allowed is not the same as the reduction of the recommended price the Customer shall have the right to cancel the contract within 14 days of the receipt of such notice.

7.6 In the event of the manufacturer of the Goods described in the order ceasing to make the Goods of that type, the Dealer may (whether the estimated delivery date has arrived or not) by notice in writing to the Customer, cancel the contract on the grounds of frustration.

7.7 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 any purpose whether express or implied by law or otherwise are hereby expressly excluded.

7.8 Nothing shall be relied upon regarding the condition of the goods, the specification of the goods or any other details that are not specifically confirmed in writing and signed by the manager of the Dealership. This may apply to, but not restricted to, a particular option or accessory on a vehicle or to the origin of a spare part for instance

8. Used Goods

8.1 If the goods to be supplied by the Dealer are used, the vehicle is supplied as roadworthy at the date of delivery and, in the case ofconsumer sales (as defined by the Sale of Goods Legislation):

8.1.1 is sold subject to any conditions or warranties that are implied by the Sale of Goods Legislation or any amending statutes.

8.1.2 prior to signing the order form, the Customer shall examine the goods and satisfy themselves about the condition. The Customer is reminded that the conditions of satisfactory quality and fitness for purpose implied by the Sale of Goods Legislation do not operate in relation to such defects which the examination ought to reveal. Any specific arrangement that has been agreed with the Customer will be put in writing on the customers invoice.

9. Variation

9.1 Any variation agreed between the Dealer and the Customer regarding the Goods to be supplied shall be deemed to be an amendment to this Contract and shall not necessarily constitute a new contract.

10. Delivery and Payment

10.1 The Customer shall be liable to pay for the Goods immediately upon notification by the Dealer that they are available for delivery. The Dealer may, in its discretion, demand a deposit at the time when the order for Goods is placed by the Customer and shall not be obliged to progress the order or otherwise implement the contract until the deposit is paid in full.

11. Place of Delivery

11.1 Unless otherwise agreed in writing delivery of the Goods shall take place at the Dealer’s premises.

11.2 In the event of cancellation, for any reason, the customer agrees to return the Goods to the dealer’s premises. (See separate conditions regarding distance selling cancellation terms)

12. Repudiation by Customer

12.1 If the Customer does not pay for and take delivery of the goods within 14 days of notification that the goods are available for delivery, in the case of a vehicle sale the Dealer shall be at liberty to treat the contract as cancelled. If this happens, or if the Customer cancels the contract for any other reason not permitted by this contract, the Dealer shall sell the vehicle to another person and deduct from any deposit their fair and reasonable costs. The Dealer will refund the deposit but before doing so, they are entitled to recover from the deposit the additional costs they incur in re stocking and selling the vehicle again, plus any reduction in the sales price achieved. The Dealer shall keep the deposit whilst they display and advertise the vehicle as being for sale. If it is not sold within a reasonable time the Dealer shall sell it at auction. In the case of a vehicle repair, storage charges shall be levied at the rate of £30 a day starting from the 15th day of storage.

12.2 In the case of a vehicle, when the Dealer has sold the vehicle, they shall notify the Customer within 7 days as to how much they have lost as a result of having to re sell. If this amount is less than the deposit, then the Dealer will refund the balance of the deposit. If the claimable amount is more than the deposit, then the Dealer will include a statement showing how much the Customer owes the Dealer to make good the loss. The Dealer will provide copies of any calculations if the Customer requests them.

12.3 As previously mentioned the Dealer reserves the right to make a reasonable daily charge for the storage of the vehicle or vehicles.

13. Loss or Damage

13.1 The Dealer shall be responsible for the loss of or damage to any vehicle or its contents only if caused by negligence of the Dealer or its employees. The Customer is strongly advised to remove any items of value not related to the Vehicle. If there are any items of particular value that the customer intends on leaving in the vehicle while on the dealers premises they should list them in an email to the manager before arrival at the dealership.

14. Return of Deposit

14.1 If the contract is cancelled under the provisions of clauses 6 or 7 above the deposit shall be returned, less the dealers reasonable costs, to the Customer and the Dealer shall be under no further liability.

15. Retention of Title and Risk

15.1 Risk of damage to or loss of the Goods are at the risk of the Customer as soon as they are delivered into the physical possession of the Customer or their nominated representative. The customer must satisfy themselves of the condition of the goods before they are taken from the dealers premises. No responsibility will be accepted for claims of damage after the vehicle has left the dealers premises.

15.2 Goods shall remain the sole and absolute property of the Dealer as legal owner until such time as the Customer shall have paid to the Dealer the full price together with all storage charges and interest that may be due to the Dealer under this contract. The dealership may retain possession of the goods until payment has been made.

15.3 The Customer’s right to possession shall cease if they, not being a company, become bankrupt or if they, being a company, do anything, or fail to do anything which would entitle a Receiver to take possession of any assets or which would entitle any person to present a petition for winding-up.

16. Right of Lien

16.1 The Dealer shall have a general lien on any property of the Customer in its possession for all monies owing to the Dealer by the Customer on any account whatsoever.

17. Part Exchange

17.1 Where the Dealer agrees to allow part of the price of the Goods to be discharged by the customer delivering a used Vehicle in part exchange to the Dealer, in consideration of such allowance, it is hereby agreed that the following further conditions will apply.

17.1.1 That the Dealer accepts the used vehicle in reliance of the warranties granted by the Customer, including but not limited to the age, mileage and condition of the vehicle. Where it is later found that a fault exists that has not been revealed or been deliberately hidden or disguised by the customer the dealer has the right to reduce the allowance of the part exchanged goods leaving an outstanding debit against the customer which can be claimed against other goods or services.
AND
17.1.2 That such used Vehicle is the absolute property of the Customer and is free from all encumbrances. The customer warrants upon financial reimbursement to the dealer that the vehicle is not subsequently revealed to be ‘cloned’ or ‘stolen’.
OR
17.1.3 that such used vehicle is the subject of a hire purchase or agreement or other encumbrance capable of cash settlement by the Dealer, in which case the allowance shall be reduced by the amount required to be paid by the Dealer in settlement thereof.

17.2 If the Dealer has examined the said used vehicle prior to his confirmation and acceptance of this order, the used vehicle shall be delivered to them in the same condition, save for additional reasonable mileage, at the date of such examination (fair wear and tear excepted).

17.3 That such used Vehicle shall be delivered to the Dealer on or before delivery of the Goods to be supplied by them hereunder, and the property in the said used Vehicle shall thereupon pass to the Dealer absolutely.

17.4 That without prejudice to 17.3 above, such used vehicle shall be delivered to the Dealer within 14 days of notification to the customer that the Goods to be supplied by the Dealer are available for delivery.

17.5 If the goods to be delivered by the Dealer shall not be delivered to the Customer within 30 days after the date of this order, the allowance on the said used vehicle shall be subject to reappraisal and revaluation by an amount not exceeding 3% for each 30 day period or part therof from the date of the expiry of the first mentioned 30 days, to the date of delivery to the Customer of the Goods.

17.6 In the event of the non-fulfilment of any of the foregoing conditions, other than 17.5 above, the Dealer shall be discharged from any obligations to accept the said used Vehicle or to make any allowance in respect thereof, and the Customer shall discharge in cash the full price of the Goods to be supplied by the Dealer.

18. Authority to Contract

18.1 Goods supplied by the order of any person in the Customer’s employment or by any person reasonably believed by the Dealer to be the Customer’s agent or by any person to whom the Dealer is entitled to make delivery of the vehicle shall be paid for by the Customer.

19. Authority to Uplift

19.1 Where a person who, so far as the Dealer is aware, has authority to uplift Goods or Vehicles and does so, the Dealer shall have no liability to the Customer for any loss or damage resulting on any grounds whatsoever. It shall not be obligatory upon the Dealer to confirm the authority of any person reasonably believed to be the agent, or to have been at some time, connected with the Customer.

20. Authority to Drive

20.1 In connection with the supply of a Vehicle or an inspection or testing or the preparation of any estimate in connection therewith, the Dealer shall be entitled to drive the vehicle on the road or elsewhere as it shall deem necessary. These provisions shall apply also to any Vehicle offered by the Customer in part-exchange in terms of clause 17.

21. Finance

21.1 Notwithstanding the provisions of this agreement, the Customer 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 a finance company to purchase the Goods from the Dealer at the price payable hereunder. Upon the purchase of the Goods by such finance company, the proceeding clauses of this agreement except 7.2 shall cease to have effect but any used Vehicle for which an allowance was there under agreed to be made to the Customer shall be bought by the Dealer at the price equal to such allowance, upon the conditions set forth in clause 17 above (save that in 17.3, 17.4 and 17.5 thereof all reference to ‘delivery’ or ‘delivered’ in relation to the ‘Goods’ shall be construed as meaning delivery or delivered by the Dealer to or to the order of the finance company) and the Dealer shall be accountable to the finance company on behalf of the Customer for the said price and any deposit paid by him under this agreement.

22. Distance Selling

22.1 If, and only if, the Customer has acted as a Consumer, where this Agreement has been completed away from our business premises and/or without any face to face contact between us and you; or anyone acting on your or our respective behalf, you may give notice to cancel this Agreement within 14 days without giving any reason.

22.2 This cancellation period will expire 14 days after the day on which you, or a third party on your behalf, takes delivery or otherwise acquires physical possession of the Goods. To exercise this right to cancel, you must inform us of your decision to cancel this Agreement in writing by clear statement (e.g. a letter sent by post, fax or email) to our address as set out separately.

22.3 To meet the cancellation deadline, you must send your communication to arrive within the 14 days period confirming your exercise of the right to cancel before the cancellation period has expired.

22.4 If you cancel this Agreement, we will reimburse to you all payments received from you under this Agreement, without undue delay, and not later than:-

24.4.1 14 days after the day on which we receive the Goods back; or

24.4.2 (if earlier) 14 days after the day you provide evidence that you have returned the Goods; or

24.4.3 if there were no Goods supplied, 14 days after the day on which we are informed about your decision to cancel this Agreement.

22.5 We will make the reimbursement using the same means of payment as you have used for the initial transaction, unless we have expressly agreed otherwise, but in any event you will not incur any fees as a result of the reimbursement.

22.6 We may withhold reimbursement until we have received the Goods back. You should send back the Goods or deliver them back to us at the address shown on the invoice, without undue delay and in any event not later than 7 days after the day on which you communicate your cancellation of this Agreement to us.

22.7 This deadline is met if you send back the Goods before the period of 7 days has expired. We will require that you bear the cost of returning the Goods to us.

22.8 You must take reasonable care of the Goods and will be responsible for any loss or damage from when they are delivered until when they are returned to us.

22.9 You are liable for any diminished value of the goods resulting from the handling, use or registration of the goods.

22.10 In the event of a ‘distance sale’ we will send via email our cancellation terms to the customers address. Proof of the customers receipt will be presumed at this point.

23. Dispute resolution/ Jurisdiction

23.1 In the event of a complaint or dispute of any kind you can contact us by email, letter or phone call. Complaints are initially dealt with by the dept manager. If your complaint remains unresolved it can be escalated internally to a General Manager or Director in writing.

23.2 Where your complaint cannot be resolved, once you have exhausted our internal process you may refer the dispute to the following independent ADR (Alternative Dispute Resolution Service) www.motorcodes.co.uk

23.2.1 where your complaint relates to Financial Services, the Financial Ombudsman Service. This service is free to use. Their consumer helpline is available on 0800 023 4 567 or 0300 123 9 123 or you can visit their website at www.financial-ombudsman.org.uk, email them at complaint.info@financial-ombudsman.org.uk or write to the Financial Ombudsman Service, Exchange Tower, London E14 9SR.

23.3 Where any dispute cannot be resolved through ADR, this Purchase Order and Contract shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.

Addendum for distance selling contracts and off-premises contracts - Cancellation terms and conditions.

1. If this Agreement has been conducted without any face to face contact between the Dealer and the Customer, or anyone acting on their respective behalves, the Customer may give notice to cancel this contract within 14 days following delivery of the vehicle without giving any reason.

2. The cancellation period will expire after 14 days from the day on which you, or a third party other than the carrier, but indicated by you acquires physical possession of the vehicle.

3. To exercise the right to cancel, you must inform us of your decision to cancel this contract by clear statement (e.g a letter sent by post or email) to the sales manager at the address details on the invoice.

4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. However, if you are contacted by the dealership sales manager within a further 48 hours you should make telephone contact to ensure your cancellation has been received.

5. If you cancel this contract, we will reimburse to you all payments received from you, including £100 towards the original delivery costs.

a. We will make the reimbursement without undue delay, and not later than14 days after the day on which we receive the vehicle back.

6. We will make the reimbursement using the same means of payment as you have used for the initial transaction, in any event we will not make any charge as a result of the financial reimbursement.

7. You shall send back the goods or hand them over to us without undue delay and in any event not later than 7 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 7 days has expired.

8. You will bear the cost of returning the goods.

9. You must take reasonable care of the goods and will be responsible for any loss or damage from when they are delivered until when they are returned to us. You are liable for and we will make an adjustment in value for, any diminished value of the goods resulting from the handling, use or registration of the goods.

10. If you requested to begin the performance of any third party services during the cancellation period, you remain liable for any incomplete period of a contract that you entered into.