St. Leonards Motors - Vehicle Order Form Terms & Conditions
This order and any allowance in respect of a used motor vehicle offered by the Purchaser are subject to acceptance and confirmation by the Seller and a Contract ("Contract") will only come into being upon such acceptance and confirmation and the following clauses shall be incorporated in the Contract.
PRICE AND PAYMENT
FAILURE TO COLLECT GOODS
If the Purchaser shall fail to collect and pay for the goods within 14 days of delivery as provided for in clause 2 ((d)) then the Seller may elect to treat the Contract as repudiated by the Purchaser and thereupon the Purchaser's deposit shall be returned less a sum equivalent to any damages loss or expenses which the Seller may have suffered or incurred by reason of the Purchaser's default and the Seller shall be under no further liability to the Purchaser.
OWNERSHIP OF GOODS
Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these terms and conditions, the property in the Goods shall not pass to the Purchaser until the Total Retail Price has been discharged in full;
In the event that the Seller agrees to accept a used motor vehicle from the Purchaser as partial payment for the price of the Goods ("Allowance") such agreement shall be subject to the following conditions:
NEW GOODS / USED GOODS
EXAMINATION OF GOODS
Prior to signing this order form the Purchaser shall examine the Goods to be purchased (if such are available for inspection) and the Purchaser is reminded that the condition of satisfactory quality implied by the Sale of Goods Act 1979 does not operate in relation to such defects which such an examination ought to reveal. If the Goods are sold subject to defects that have been notified by the Seller to the Purchaser before the signing of the Contract, the condition of satisfactory quality referred to above does not operate in relation to those defects.
Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet the specification is notified to the Seller, the Seller shall be entitled at its sole discretion either to replace or repair the Goods (or the part in question) free of charge or to refund the Purchaser the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Purchaser.
DELAY IN PERFORMANCE
Neither party shall be liable to the other or be deemed to be in breach of the Contract for reason of any delay in performing or any failure to perform, any of their obligations under this Contract, if the delay or failure was due to any cause beyond their Seller's reasonable control.
Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (restriction on statements) Order 1976) the statutory rights of the Purchaser are not affected by these Terms & Conditions.
Notwithstanding the provisions of this Contract the Purchaser may arrange for a Finance Company to purchase the Goods from the Seller at the price payable hereunder and the Goods shall be delivered to or to the order of the Finance Company.
Any notice that is given hereunder by the Seller may be given in writing or communicated verbally. Notices in writing shall be posted or faxed to the residence or place of business of the person to whom it is addressed and shall be deemed to have been received, in the case of facsimile or electronic mail on the day of transmission and in the case of notice given by post, within two days of posting.
Any waiver by the Seller or the Purchaser of any breach of Contract by the other shall be in writing and shall be considered as a waiver of any subsequent breach of the same or of any other provision. Without prejudice to the generality of the foregoing, failure by either party to enforce or at any time or for any period any one or more of the conditions shall not be a waiver of them or of the right at any time subsequently to enforce all of them.
St Leonards Motors Limited will not collect any personally-identifiable information about you (that is, your name, address, telephone number, email address or any relatable details) ("Personal Data") unless you provide it to us voluntarily. If you do not want your Personal Data collected, please do not submit or consent to doing so. If you provide St Leonards Motors Limited with Personal Data, at your consent, will store this information about you now and in the future for marketing purposes, market research, tracking of sales data, and in order to contact you. St Leonards Motors Limited will not give any personal information to any Company or third person(s), unless reasonable to do so, without your prior consent. We may also use your information to contact you at your consent, with regards to, events, offers, surveys and reminders relating to the information obtained from yourself. As a company we treat your personal data with the utmost importance. We only store your data for a period of 72 months, from the moment we have most recently seen you. If you do not have any activity with ourselves within the 72 months period, we will not see justifiable means to hold your data and we will dispose of it with appropriate means. If you have already submitted Personal Data and would like it removed from our records, please contact us and we will use reasonable efforts to delete your information from our records. Under the new GDPR, which takes effect as of May 2018, you have the right to be informed, right to access, right to rectification, right to be forgotten, right to restrict processing, right to data portability, right to object and rights related to automated decision making and profiling. If any of the information submitted to St Leonards Motors Limited is requested by yourself via a Subject Access Request (SAR), upon the request we shall endeavour to gather all information and return to you within one month of the request. If, due to your own discretion, you feel the outcome unsatisfactory, the ICO will deal with any further complaints or issues regarding your request. St Leonards Motors Limited are an affiliated company registered with the ICO (Information Commissioners Office) as of October 2000. The ICO are the UK's Data Protection Authority.
VARIATION TO THESE TERMS
Any variation of these Terms & Conditions shall not be effective unless made in writing and signed by an authorised representative of the Seller and the Purchaser.
INVALIDITY OF THESE TERMS
If any provisions of these Terms & Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the remaining provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected thereby.
This Contract shall be governed by the Laws of England and the Parties shall submit to the jurisdiction of the English Courts.
St. Leonards Motors - Vehicle Order Form Terms & Conditions
THIRD PARTY RIGHTS?
No person who is not a party to the Contract may in its own right enforce any terms of the Contract provided that this clause shall not affect any right or action of any person to whom this Contract is lawfully assigned. Where the Purchaser is not dealing as a consumer as defined in the Unfair Terms in Consumer Contract Regulations 1999 as amended or replaced from time to time then the following conditions will apply to the Contract in addition to conditions 1-18.
RETENTION OF TITLE
Where the Goods to be supplied by the Seller are new, then this Contract and the provisions for delivery of the Goods shall be subject to any terms and conditions which the Manufacturer/Concessionaire may lawfully have imposed on the supply of Goods or the resale of such Goods by the Seller. The Seller shall not be liable for any failure or delay in delivering the Goods caused by or resulting from the Seller's compliance with the Manufacturers/Concessionaires terms and conditions. A copy of the current terms and conditions of the Manufacturers/Concessionaire is available for inspection at the Seller's premises;
Except as provided for in these Terms and Conditions, no order which has been accepted by the Seller may be cancelled by the Purchaser except with the agreement in writing of the Seller and on terms that the Purchaser's deposit shall be forfeit and further that the Purchaser shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.
Without prejudice to clause 8 above any claim by the Purchaser which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Purchaser) be notified to the Seller within 14 days from the date of collection of the Goods or the date of refusal of delivery as the case may be or (where the defect of failure is not apparent upon reasonable inspection) within a reasonable time after the discovery of the defect or failure. If delivery is not refused, and the Purchaser does not notify the Seller as above the Purchaser shall not be entitled to return or make any claim in respect of the Goods and the Seller shall have no liability for such defect or failure, and the Purchaser shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
?Except in respect of death or personal injury caused by the Seller's negligence, the Seller shall not be liable to the Purchaser by reason of any representation, or any implied warranty, condition or other terms, or any duty at common law or under the express terms of this contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their resale by the Purchaser, except as expressly provided in these Terms and Conditions.