Manchester Automotive Ltd - Consumer Transactions –
Terms & Conditions
If you are purchasing as a consumer, nothing in these terms and conditions will reduce your statutory rights relating to faulty and misdescribed goods provided. If you have any doubts about your statutory rights please contact your local Trading Standards Department or Citizens Advice Bureau.
1. Contract Terms
1.1 These conditions are considered by Us to set out the whole agreement between You and Us for the sale of the Goods. Please check that the details in these conditions are complete and accurate before You commit Yourself to the Contract.
1.2 In these conditions:
“the Contract” means an acceptance of an order by the Company from the Customer for the purchase of the Goods and where applicable acceptance of a used vehicle from You.
“the Goods” means the Goods to be supplied to the Customer by the Company under the Contract
“the Importer” means the person, firm or corporation supplying and/or providing the Goods to the Company.
“the Manufacturer” means the person, firm or corporation supplying and/or providing the Goods to the Company.
“We/Our/Company” means Manchester Automotive Ltd (company number 07922451) whose registered office is The Cottage, Broom Manor, Peacock Lane, Knutsford, Cheshire, WA16 6PW.
“You/Your/Customer” means any person, firm or corporation placing an order with the Company for the Goods.
1.3 Each order or acceptance of a quote by You for the Goods and or an agreement to take a used vehicle in part exchange shall be deemed to be an offer by You to Us subject to these conditions.
1.4 Our acceptance of all orders placed by You and where applicable any agreement by Us to take a vehicle in part exchange and acceptance of a deposit is subject to these conditions to the exclusion of all other terms and conditions (including any terms and conditions that You purport to apply under any purchase order, confirmation of order, or any other document) and no variation of these conditions may be made unless confirmed in writing by Us.
1.5 You acknowledge that You have not relied on any statement, promise, representation made or given on behalf of Us which is not set out in the Contract.
1.6 Our employees or agents are not authorised to make any representations concerning the Goods unless confirmed by Us in writing. In entering into the Contract You acknowledge that You have not relied on, and therefore waive any claim for breach of Contract, any such representations which are not so confirmed.
2.1 The price of the Goods will be as set out in the quotation We provided to You or, if we have not provided a quotation or the quotation has expired, in Our price list in force at the time We confirm your order. Prices are liable to change at any time, but price changes will not affect orders that We have confirmed in writing.
2.2 These prices include VAT. However, if the rate of VAT changes between the date of the order and the date of delivery, We will adjust the VAT You pay, unless You have already paid for the Goods in full before the change in the rate of VAT takes effect.
2.3 Where the Goods are commercial vehicles all prices are quoted exclusive of VAT unless otherwise stated.
2.4 No allowance or reduction of the price can be made for any part of the standard equipment supplied with the Goods which You do not wish to purchase.
2.5 If, after the date of this order and before delivery of the Goods to You, the Manufacturer’s or Importer’s recommended price for the Goods changes, We shall give notice of any change to You and:
(a) If the Manufacturer’s or Importer’s recommended price for the Goods is increased You will be notified of the amount of the increase We intend to pass on to You. You have the right to cancel the Contract within 14 days of receipt of this notification. If You do not cancel the Contract the increase in price shall be added to and become part of the Contract price; or
(b) If the Manufacturer’s or Importer’s recommended price is reduced You will be notified of the amount of the reduction We intend to pass on to You. If the amount passed on to You is not the same as the reduction of the recommended price You have the right to cancel the Contract within 14 days of the receipt of this notification. If you do not cancel the Contract the reduced price will be the contract price.
2.6 If you cancel the Contract in accordance with clauses 2.5 (a) or 2.5 (b) above, any deposit which You have paid to Us will be returned to You.
3.1 Payment must be made in full and in cleared funds on or before delivery of the Goods unless otherwise agreed in writing between You and Us.
3.2 No payment shall have been deemed to have been received until We have received cleared funds.
4. Condition, Delivery and Insurance
4.1 The Goods are sold as roadworthy, or subject to any defects notified by Us to You and accepted by You, at the date of delivery and if any fault occurs You have the right to rely on Your statutory rights. If You have any doubts about Your statutory rights under the Sale of Goods Act 1979 or otherwise, please contact Your local Trading Standards Department or Citizens Advice Bureau.
4.2 We will take all steps that are necessary to deliver the Goods within the estimated delivery date (if any) but cannot guarantee the delivery date.
4.3 Formal delivery of the Goods will take place when the keys are handed to You. The risk in the Goods passes to You when You take delivery of the Goods from Us. You are responsible for insuring the Goods against all risks from the time of delivery.
4.4 Except where delay is caused by circumstances beyond Our control You will be entitled to cancel the Contract and receive repayment of any deposit paid if delivery has not taken place within 28 days of the estimated delivery date unless You have agreed otherwise, orally or in writing to accept delivery after 28 days from the estimated delivery date.
4.5 Where a delay is caused by circumstances beyond Our control We will not be liable or responsible for any loss or expense suffered by You through any reasonable or unavoidable delay in supplying the Goods and in such circumstances We will contact You to agree an alternative date for delivery or You may cancel the Contract, in which case any deposit paid by You shall be returned in full.
4.6 If the Manufacturer of the Goods ceases production of the Goods of the type of Goods specified in the Contract, We may (whether the estimated delivery date, set out in clause 4.2, has arrived or not) give You written notice to cancel the Contract. Any deposit You have paid to us will be returned to You.
4.7 If You terminate the Contract under clause 4.4, We will return Your deposit and You will be under no further liability.
4.8 The Contract price is based on the Goods being collected from Our premises.
4.9 If the Manufacturer alters the design, specification, construction and/or equipment of the Goods in the period between Your order and the date agreed for delivery of the Goods, We have the right to supply the Goods with or without the alteration. If the Goods are supplied with the alteration this will be at no extra cost to You.
5.1 We will use Our best endeavours to pass to You the benefit of any warranty or guarantee given by the Manufacturer or Importer in relation to the Goods.
5.2 We will use Our best endeavours to pass to You the benefit of any warranty or guarantee given by the manufacturer of any accessories fitted or supplied by Us.
6.1 Until all monies owing from You under this and every other contract with Us have been paid in full in cleared funds, We will remain the owner of the Goods and until ownership in the Goods has passed You shall:
(a) hold the Goods on trust for Us;
(b) keep the Goods insured for their full price against all risks to Our reasonable satisfaction;
(c) make good and repair any damage to the Goods which occurs whilst the Goods are in Your possession; and
(d) the not in anyway create any financial charge or any other form of charge over the Goods.
6.2 We may at any time before title in the Goods has passed to You and without liability to You repossess and sell the Goods.
6.3 You are responsible for insuring the Goods against all risks from delivery of the Goods
7.1 If You cancel the Contract otherwise than in circumstances permitted by the Contract or fail to take delivery of, and make payment for, the Goods at the agreed time, or if no time is agreed within 21 days of Us giving written notice requiring You to take delivery, then:
(a) any deposit paid will be forfeited and You will be responsible to Us for any loss of profi t and other reasonable and foreseeable losses which We may suffer; and
(b) We will be entitled to resell the Goods to a third party without giving notice to You of Our intention to resell.
7.2 If the Contract is cancelled as a result of a breach of the Contract by You or as a result of Us being unable to supply the Goods for a reason beyond Our reasonable control in accordance with clause 4.4, then any agreement by Us to take a vehicle in part exchange will also be cancelled, unless the part-exchange vehicle has already been sold by Us, in which case the price obtained by the sale (less payments We have made to settle the outstanding finance on the vehicle), will be paid to You.
7.3 If We are in breach of our contract to deliver the Goods to You, You will be entitled to seek recovery of any deposit paid and Your reasonable and foreseeable losses which have incurred as a result.
8. Part Exchange Vehicles
8.1 In addition to information you have already disclosed to Us, in respect of a used vehicle offered by You in part payment (the “Part Exchange Vehicle”) You confirm that:-
(a) where We have examined the Part Exchange Vehicle, the Part Exchange Vehicle will be delivered to Us in the same condition as at the date of examination (fair wear and tear excepted);
(b) the Part Exchange Vehicle has not been involved in any serious or major accident (unless You have specifically informed Us otherwise);
(c) the Part Exchange Vehicle is:
(i) owned by You and is free from any hire purchase, leasing agreement, loan or similar charge or encumbrance; or
(ii) the Part Exchange Vehicle is the subject of a hire purchase, leasing agreement, loan or other similar encumbrance capable of case settlement by Us, (in which case you will provide full details of the hire purchase, leasing agreement, charge or other encumbrance prior to completion of the contract) and the allowance given by Us for the Part Exchange Vehicle will be reduced by the amount required to be paid in settlement of the debt in full;
(d) the mileage shown on the Part Exchange Vehicle’s mileometer is true and accurate;
(e) the Part Exchange vehicle was purchased by You new unless You have informed Us to the contrary;
(f) the Part Exchange Vehicle was not used or purchased abroad before being registered in the UK unless You have informed Us to the contrary; and
(g) the Part Exchange Vehicle has not been used for self-drive hire, hackney carriage or taxi purposes.
8.2 The value of any agreed part exchange allowance is based on the Part Exchange Vehicle’s condition at the date of delivery to Us and if it is not handed over to Us in the same condition (fair wear and tear excepted) as at the date of inspection, in accordance with clause 8.1(a), We may make a reasonable deduction from the allowance to cover the cost of any repair which may be necessary.
8.3 The Part Exchange Vehicle will remain at Your risk until actual delivery to Us.
8.4 We will write to You and tell You that the Goods are ready for collection. You must deliver the Part Exchange Vehicle to Us within 14 days. You will hand over the vehicle registration document and keys on delivery of the Part Exchange Vehicle to Us and ownership of the Part Exchange Vehicle will pass to Us at that time.
8.5 Where applicable the Part Exchange Vehicle will have a valid MOT Certificate in force on the date it is delivered to Us and the certificate will have no less than 30 days remaining prior to its expiration. You will hand the certificate to Us on delivery and the benefit of the Certificate will pass to Us.
8.6 If delivery of the Part Exchange Vehicle to Us is delayed through no fault of Ours We will deduct an amount for depreciation of the Part Exchange Vehicle. This amount is calculated as not exceeding 2.5% of the agreed value of the Part Exchange Vehicle for each complete 30 day period. The time begins 30 days after the estimated delivery date of the Part Exchange Vehicle and ends on delivery of the Part Exchange Vehicle to Us.
8.7 If You fail to fulfil any of the above conditions of this clause 8, We will not be obliged to accept the Part Exchange Vehicle nor make any allowance for the Part Exchange Vehicle and You will be obliged to pay the full price for the Goods. We will also have the option to treat the Contract as cancelled by You and in these circumstances any deposit which You have paid towards the Goods will be forfeited to Us.
9. Hire Purchase
Subject to clause 10 below, this clause will apply where you have indicated to Us that You wish to purchase the Goods by hire purchase or under a similar credit arrangement.
9.1 In the event of Us suffering any loss (including loss of profit) as a result of You not entering into a hire purchase agreement to purchase the Goods, You will be responsible to Us for any loss suffered by Us and We may deduct a sum equivalent to such loss from the deposit paid on the Goods or from the proceeds of sale of any Part Exchange Vehicle.
9.2 You acknowledge that We agree to sell the Goods to a third party nominated by You for the purpose only of facilitating funding of the Goods and in these circumstances You will be responsible to Us for any costs, claims or loss payable by us to the third party as a result of the sale of the Goods to that party.
10. Finance Company Arrangements
10.1 You have a period of up to 7 days from the date that You are notified that the Goods are ready for collection to arrange for a finance company to purchase the Goods for the same price and on the same terms of the Contract, the Contract will take effect as if all references to You are references to the finance company.
10.2 If a price was agreed for a Part Exchange Vehicle then We will purchase the Part Exchange Vehicle from You on the terms and conditions of the Contract, save that We will be accountable to the finance company on Your behalf for the price of the Part Exchange Vehicle, and any deposit paid by You.
You must notify Us immediately if any problems appear in the Goods which You consider to be the responsibility of Us and provide details of all repairs (if any) carried out to the Goods to remedy the problem. If you fail to notify Us within 28 days of You becoming aware of any problem, then We will not be responsible to You for the cost of any works not carried out by Us or any other expenses.
12.1 No failure or delay by Us in exercising any right, power or privilege under the Contract shall impair the same or operate as a waiver of the same nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege. The rights and remedies provided in the Contract are cumulative and not exclusive of any rights and remedies provided by law.
12.2 Either the party shall at the request and expense of the other execute and do any deeds and other things reasonably necessary to carry out the provisions of the Contract or to make it easier to enforce.
12.3 If any provision of the Contract is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from the Contract and rendered ineffective as far as possible without modifying the remaining provisions of these conditions, and shall not in any way affect any other circumstances of or the validity or enforcement of the Contract.
12.4 Any correspondence to You will be sent by normal post rather than registered delivery to the address that You have provided to Us under the Contract.
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