Terms and Conditions
Terms and Conditions
These terms and conditions, together with the details set out on the previous page(s), are intended to contain all the terms of the agreement between us (as the vendor) and you (as the purchaser) relating to the sale and purchase of the Vehicle or Part(s) described overleaf (the "Goods"), hereinafter the "Agreement". If you wish to rely on any amendment or addition, you should assure it is confirmed in writing by one of our duly authorised representatives. If we agree any variation in the Goods to be supplied, this shall be deemed to be an amendment to this Agreement rather than a new agreement.
You must provide us with any information we need in order to comply with money laundering legislation and guarantee the accuracy of the information so supplied.
If this Agreement relates to the purchase of a vehicle, you may arrange for a finance company to purchase it from us for the Purchase Price within 3 days of being notified that it is ready for handover. The Vehicle will then be delivered to the order of such finance company and all references to delivery of the Vehicle shall be construed accordingly. The provisions of this Agreement relating to the Part Exchange Vehicle (if any) shall continue to apply but we shall account for the Part Exchange Allowance and any deposit paid under this Agreement to the finance company on your behalf.
The Purchase Price is the price for the Goods, including where applicable accessories, vehicle excise duty, delivery and VAT, current at the date of order. If the rate or amount of VAT or vehicle excise duty changes between the date of order and the date of delivery, you must pay the amount current at the date of handover.
If the goods to be supplied by the vendor are used, the vehicle is supplied as roadworthy at the date of handover and, in the case of consumer sales (as defined by the Sale of Goods Legislation):
- Is sold subject to any conditions or warranties that are implied by the Sale of Goods Legislation or any amending statutes.
- Prior to signing this order form, the purchaser shall examine the Vehicle and the purchaser 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. Should the Goods be sold also subject to defects notified by the vendor to the purchaser before signing the agreement, the implied conditions of satisfactory quality and fitness for purpose do not operate in relation to those defects.
- 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.
PART EXCHANGE VEHICLE
If we have agreed to accept a Part Exchange Vehicle at an agreed value in part payment of the Purchase Price, we shall only be bound to do so if the Part Exchange Vehicle is: -
- Free from any hire purchase agreements, charges or other encumbrances (together "Encumbrances") which you did not disclose to us before the date of order;
- Delivered to our place of business before we deliver the Goods to you; and
- In the same condition (subject only to fair wear and tear and reasonable increase in mileage) on delivery to us as it was when we examined it before agreeing the Part Exchange Allowance.
- Free from any problems or difficulties except those specifically brought to our attention when we agreed to accept the Part Exchange Vehicle; and you have full title to the Part Exchange Vehicle.
If you fail to satisfy any of the above conditions, we will not be obliged to accept the Part Exchange Allowance against the Purchase Price and you may be required to pay the full Purchase Price before you can take delivery.
If the payment required to release the Part Exchange Vehicle absolutely from any Encumbrances is greater than the amount you disclosed to us before the date of order, or if the Part Exchange Vehicle is delivered in a worse condition or with an unreasonable increase in mileage, we may nevertheless in our discretion agree with you a reduced Part Exchange allowance.
Whilst we will endeavour to have the Goods ready for handover by the estimated handover date, we will not be liable for any claim for compensation of any description arising out of a delay in handover due to reasons beyond our control. In the event of such a delay, we will contact you to agree or notify an alternative handover date.
If the Goods are not ready for handover for more than 21 days after the estimated date of handover you may by notice in writing to us require handover of the Goods within 14 days of receipt of such notice. If the Goods shall not be ready for handover within the said 14 days, the contract shall be cancelled.
If you do not collect the vehicle from us as arranged or if we have been unable to effect delivery upon you despite reasonable efforts to do so, you do not re-arrange delivery or collect the vehicle from us, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we will charge an administration fee.
TRANSFER OF OWNERSHIP AND RISK
The Goods will continue to belong to us until the total Purchase Price has been paid in full. You will, however, be responsible for any loss or damage from when they are delivered to you and should insure accordingly. Ownership of the Part Exchange Vehicle will transfer to us when you take delivery of the Goods.
DISTANCE SELLING AND OFF-PREMISES CONTRACTS
If you are contracting with us as a Consumer online or by phone and do not visit our dealership at any point during the transaction process, or your contract with us is concluded or substantially negotiated at your home or somewhere other than our premises, you have the right to cancel (under the Consumer Contracts Regulations 2013), all or part of your contract at any time up to 14 calendar days after the day on which you receive the vehicle you ordered.
If you wish to exercise your right of cancellation under clause 12, you are obliged to retain possession of the vehicle and take reasonable care of it until collection/return to us. We will not be obliged to refund the purchase price of any Vehicles damaged by you but may at our discretion offer to refund the purchase price subject to a deduction for the damage sustained.
Such cancellation should be sent by email: email@example.com, or letter to: Henley Cars, Unit 1 & 2 Key Point, Keys Park Road, Hednesford, Cannock, Staffordshire, WS12 2FN. You must inform us in writing of your decision to cancel your contract by a clear statement, including details of your name, address, details of the order you wish to cancel and, where available, your phone number and email address. If the vehicle has been funded by a finance provider, you should ensure that you also give notice to that third-party funder to cancel the finance arrangements.
If you decide to cancel in accordance with this clause 12, you should return the vehicle to us at your own cost within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to the goods to which cancellation rights apply. Alternatively, if you wish us to collect the vehicle, we will do so subject to payment of an agreed collection fee. We will reimburse delivery charges made (if any).
We may make a deduction from the reimbursement for the loss in value of the goods supplied, based on any additional mileage or deterioration in condition (other than that which is reasonable) on the vehicle after receipt. We will make the reimbursement no later than 14 days after the day we receive back from you any vehicles supplied or, if earlier, the date you supply evidence to us that you have sent the vehicle, together with all keys and documentation, back to us. Refunds will be made by cheque or direct bank transfer to the same account as the purchase price was paid from. Refunds will not be paid in cash. If you direct us to settle your finance (if applicable) on the vehicle, we will refund the required sum (providing the refund is sufficient for this purpose) and return to you any surplus funds.
If you exercise your right to cancel the vehicle within the 14 day period, and have sold a used vehicle to us as part exchange for the vehicle, we may at our discretion either refund the sum attributed to the part exchange vehicle at the time the agreement was entered into, or return the part exchange vehicle to you, if it remains available. Where the part exchange vehicle has been subject to repairs by us, you will be required to pay to us the cost of the repairs if you wish to retain the part exchange vehicle.
If you have sold us a used vehicle as part exchange on an acquisition made online or by phone and the part exchange vehicle upon delivery or collection is not as described we may either revalue the vehicle and proceed with the sale based upon the revised valuation, or refund any deposit paid less any reasonable costs we have incurred. If the vehicle you are purchasing is not as described, we will give you back your deposit plus any costs you have incurred.
LIMITATION OF LIABLILTY
Unless set out otherwise below, we limit our liability for any breach of the Agreement (and for any other liability arising out of or connected to the Agreement) to the amount of the Purchase Price. We expressly exclude all liability for loss of profit, goodwill or contracts and for any indirect, consequential or economic loss. The limitations of liability in this clause 19 do not apply in cases of fraud, death or personal injury.
Unless stated otherwise in this Agreement any notice to be given under this Agreement must be in writing and sent by post to the address of the person to whom it is addressed as set out overleaf, and shall be deemed to have been received in due course of post.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by the laws of England, and the parties submit to the exclusive jurisdiction of the Courts of England.