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HARLINGTON AUTO CAR SALES LTD
TERMS AND CONDITIONS OF SALE FOR MOTOR VEHICLES
1.1.0. “The Dealer”, Harlington Auto Car sales Ltd., the person who is the vendor of the goods to the customer.
1.2.0. “The Customer”, the person contracting for goods and services to be supplied by the Dealer.
1.3.0. “Consumer”, a customer, being an individual who, for the purposes of the purchase, is acting wholly or mainly outside of their trade, business, craft or profession.
1.4.0. “Goods” means all vehicles as defined, or other things to be sold by the Dealer to the Customer.
1.5.0. “Vehicle” includes any car, lorry, van, trailer, caravan, invalid carriage, motorcycle and generally each accessory to and component thereof.
2. Whole Contact
2.1.0. These terms shall represent the whole contract between the Dealer and the Customer. They may be varied only by written agreement between the parties.
3.1.0. The singular shall include the plural and the male shall include the female or business entity as may be appropriate.
4.1.0. 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
5.0.1. 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.
5.1.0. Conditions of Sale.
5.1.1. A non-refundable administration fee of £199 applies to all external finance customers. We do not charge a fee for in-house financial services.
5.1.2. Purchaser’s certificate of examination. I/we certify that before I/we agree to purchase this vehicle that my/our attention has been drawn to the age of the vehicle (as shown by the date of first registration) and the fact that defects may be present on that account. In addition, I/we understand that it is a term of the contract that I/we should examine the vehicle before accepting DVLA online transfer of ownership to satisfy myself/ourselves as to its quality and that I/we have carried out such an examination. My/our attention has been drawn to the following items. 1) Tyres 2) Bodywork and paintwork 3) Glass 4) Interior trim and upholstery. I/we, the buyer has test driven and examined the motor vehicle and are satisfied with its condition.
5.1.3. There are no known mechanical or electrical issues at the point of sale unless specified otherwise on sales invoice. Where a 3rd party warranty product is not taken, we offer a 3-month warranty or 500 miles (whichever is earliest) on sudden and total engine or gearbox failure only.
5.1.4. In the exercise of due diligence, the dealer may provide a free basic (Bronze) warranty product or offer to sell an optional warranty product for the vehicle which includes an AA backed recovery service and may assist with the cost of parts & labour for any future repair between 3 months and 3 years.
5.1.5. Whilst the choice of warranty product is for the customer, subject to availability based on vehicle age and mileage, Warranty wise will often indicate which product represents the best value. The dealer then has a pricing discretion against recommended retail pricing.
5.1.6. In accordance with the Consumer Rights Act 2015, the burden of proof within the first 30 days, that any vehicular issues existed at point of sale is with the dealer.
5.1.7. Legacy Cars Ltd and Warranty wise work together to assist with customer post sale repairs. Any mechanical or electrical issues that become apparent post sale should be directed to Warranty wise in the first instance on 01254355102 and an email also sent to admin@harlingtonautocarsales. co.uk.
5.1.8. Within 72 hours of receipt of email, the dealer will respond to your request.
5.1.9. The dealer will assist you in liaising with Warranty wise and direct you to obtain a written fault diagnosis from a motor repair garage to enable a full claim assessment by Warranty wise.
5.1.10. No liability for any repair cost contribution shall be laid against the dealer. The decision to authorise costs for a repair is with Warranty wise and customers must comply with their terms & conditions.
5.1.11. The decision of Warranty wise is final. In limited circumstances, where a claim is refused, Warranty wise may exercise ‘goodwill’ which is a provision purely based on individual circumstances.
5.1.12. The seller reserves the right to recission should a decision be taken to accept return of a vehicle. A reasonable deduction from the agreed sales price will be made considering administration & resale costs, additional owner on V5 document, daily vehicle usage, vehicle mileage and vehicle condition.
The following charges will apply:
Compulsory administration costs £350
Vehicle usage fee: 60p per mile since purchase.
Bodywork damage fee: £350 per panel.
Alloy wheel damage fee: £125 per wheel
Interior damage fee e.g., cuts, burns etc £125 per area.
This list is not exhaustive and other deductions may be applicable depending on individual circumstances. It will be the responsibility of the vehicle owner to return vehicle to us. If the vehicle owner wishes for us to collect the vehicle, the following two fees apply which must be paid in advance: arranging customer vehicle collection £40 and ii collection of a customer vehicle £2 a mile (£75 minimum inc. VAT).
5.1.13. By signing the sales invoice and/or consenting to DVLA online ownership registration and/or consenting to receive an email in lieu of signature confirming sale, the customer agrees to be bound by the terms of this contract.
5.1.14. The time and date of invoice signature and/or contactless transaction means, namely DVLA new ownership notification or sales invoice email (whichever is sent earliest) will also ensure that any parking or speeding tickets received prior to this time are the responsibility of Legacy Cars Ltd and any after, that of the customer. The only exception to this is the test drive which will be the responsibility of the customer and start and end timings noted at the time.
6. Delivery / Time Not of the Essence
6.1.0. Unless specifically agreed in writing, time for delivery is not essential.
6.2.0. 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.
6.3.0. 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
7.0.1. If the Goods to be supplied by the Dealer are new, the following provisions shall have effect:
7.1.0. 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. A copy of the terms and conditions currently so attached by the manufacturer or concessionaire may be inspected at the Dealer’s office.
7.2.0. 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.
7.3.0. Any figure provided within the contract for Car Tax is provided as guidance only. Notwithstanding the sum for Car Tax specified in the order, the sum payable by the Customer in respect thereof shall be such sum as the Dealer has legally had to pay or becomes legally bound to pay for Car Tax in respect of the Goods.
7.4.0. 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.
7.5.0. 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.
7.6.0. 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.
7.7.0. 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.
8. Used Goods
8.1.0. 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 of consumer 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 this order form, the Customer shall examine the Vehicle and items set out in the Customer’s Certificate of Examination and 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. Should the Goods be sold also subject to defects notified by the Dealer to the Customer before signing the agreement, the implied conditions of satisfactory quality and fitness for purpose do not operate in relation to those defects.
8.2.0. Save in the case of Customer 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.
9.1.0. 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 constitute a new contract.
10. Delivery and Payment
10.1.0. 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. No refund of deposit will be given unless expressly stated in writing by the dealer at the time of taking the deposit.
11. Place of Delivery
11.1.0. Unless otherwise agreed in writing delivery of the Goods shall take place at the Dealer’s premises.
11.2.0. In the event of cancellation, for any reason, the Customer agrees to return the Goods to the Dealer’s premises.
12. Repudiation by Customer
12.1.0. If the Customer does not pay for and take delivery of its vehicle within 14 days of notification that the vehicle is available for delivery, 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 will sell the vehicle to another person. The first £200 or 20% (whichever is the higher) of the deposit is non-refundable to cover administrative costs as a result of the breach of contract. The Dealer will refund the remainder of the Customer’s deposit but before the Dealer does so, the Dealer is entitled to recover from the deposit any additional costs the Dealer incurs in re selling the vehicle plus any reduction in the sales price achieved. The Dealer will keep the deposit whilst the Dealer displays and advertises the vehicle as being for sale. If it is not sold within a reasonable time the Dealer will sell it at auction.
12.2.0. Once the Dealer has sold the vehicle, the Dealer will notify the Customer within 7 days as to how much the Dealer has lost as a result of having to re sell. If this amount is less than the Customer’s deposit (not including the first £300), then the Dealer will refund the balance of the deposit with the notification. If the claimable amount is more than the deposit (not including the first £300), 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 receipts if the Customer requests them.
12.3.0. The Dealer reserves the right to make a reasonable daily charge for the storage of the vehicle or vehicles.
13. Loss or Damage
13.1.0. 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.
14. Return of Deposit
14.1.0. If the contract is cancelled under the provisions of clauses 6 or 7 above the deposit shall be returned to the Customer and the Dealer shall be under no further liability.
15. Retention of Title and Risk
15.1.0. 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.
15.2.0. 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. Until payment in full as aforesaid has been made the Customer acknowledges that they are in possession of the goods solely as agent of the Dealer.
15.3.0. Until the Customer becomes owner of the Goods, they will store them separately from his own goods or those of any other person and in a manner which makes them readily identifiable as the goods of the Dealer.
15.4.0. 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.
15.5.0. Should the Customer’s right of possession cease they will notify the Dealer and immediately make the goods available for collection. The Dealer may, for the purposes of recovery of the Goods, enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess them.
15.6.0. The Customer shall be at liberty to agree to sell on the Goods or any product produced from or with the Goods subject to the express condition that such an agreement to sell shall take place as agents (save that the Customer shall not hold himself out as such) for the Dealer, whether the Customer sells on his own account or not and that the entire proceeds thereof are held in trust for the Dealer and are not mingled with other monies or paid into any overdrawn bank account and shall be at all times identifiable as the Dealer’s monies.
16. Right of Lien
16.1.0. 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
17.1.0. 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 overleaf, including but not limited to the age, mileage and condition of the vehicle.
17.1.2. that such used Vehicle is the absolute property of the Customer and is free from all encumbrances.
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.
17.2.0. 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 at the date of such examination (fair wear and tear excepted).
17.3.0. 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.
17.4.0. 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.
17.5.0. If the goods to be delivered by the Dealer, through no default on the part of the Dealer, shall not be delivered to the Customer 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 a reduction by an amount not exceeding 2. 5% for each completed period of 30 days from the date of the expiry of the first mentioned 30 days, to the date of delivery to the Customer of the Goods.
17.6.0. 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
18.1.0. 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
19.1.0. 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
20.1.0. 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. Data Protection
21.1.0. The Dealer will hold the information shown on the invoice as Data Controllers. This information may be passed to other carefully selected third party organizations. The Dealer, or they, may contact the Customer by email, telephone or letter to inform the Customer of products or services which may be of interest to the Customer, or the Customer may be asked to participate in a customer survey by either the Dealer, the vehicle manufacturer or third party. If the Customer does not want their information to be used in this way the Customer should notify the Dealer by writing to the Dealer Principal at the Dealer’s address.
21.2.0. All the agreements between the Dealer and the Customer are personal to the Customer. The Customer may not assign his rights or liabilities to any third party by any means.
Financing your vehicle: Who are we?
Harlington Auto Car Sales
Website: www. harlingtonautocarsales.co.uk
Who regulates us?
The Financial Conduct Authority (FCA) is the independent watchdog that regulates financial services. For the provision of finance, Harlington Auto Car sales Ltd is authorised and regulated by the Financial Conduct Authority, firm reference number ‘FCA 927331. You can check this information at https://www.fca.org.uk/. Use this information to decide if our services are right for you.
Which service will we provide for you?
All finance is subject to status and income. Written quotation on request. We act as a credit broker, not a lender. We work with several carefully selected credit providers who may be able to offer your finance for your purchase. We are only able to offer finance products from these providers. We will explain the key features of those products to you, but no advice or recommendation will be made. We are not Independent Financial Advisers and so are unable to provide you with independent financial advice. There are also other sources of finance which you may wish to investigate. We may receive a commission payment from finance providers should you decide to enter into a finance agreement with them via us. However, the amount of commission that we receive from a lender does not influence the amount that you pay to that lender under your credit agreement.
What to do if you have a complaint?
To register a complaint contact us by either: Email: firstname.lastname@example.org or Telephone: 02080335165 or write to us at: Legacy Cars, 450 Bath Road UB7 0EB
It is our intention to always provide a high level of service. However, if you have reason to make a complaint about our service you should follow our complaints procedure. If we are unable to resolve your complaint satisfactorily you may be entitled to refer the matter to the Financial Ombudsman Service (FOS). Further information is available by calling the FOS on 0845 080 1800 or at www.financial-ombudsman.org.uk.
Representative finance examples are for illustrative purposes only. Finance is subject to status and credit acceptance. Terms and conditions apply. Available to 18s and over & UK residents only. Guarantees and/or indemnities may be required. Excess mileage and damage charges may apply when vehicle returned.
22.1.0. All written notices given by the Dealer to the Customer shall take effect 24 hours after being despatched by the Dealer in the normal course of post to the Customer’s address shown on the order or invoice.
23. Export Outside EU
23.1.0. The Dealer reserves the right to cancel this order if it believes that;.
23.1.1. the Customer intends to resell the Goods outside the European Union (Contract Territory) for commercial gain within a period of 12 months; or.
23.1.2. where the Customer is a corporation its place of business is not within the European Union;
23.1.3. where the Customer is a finance company and either, the Goods are not being purchased on behalf of an end user or they are, and such end user is not resident nor has its place of business within the European Union.
23.2.0. The Customer shall indemnify the Dealer and keep the Dealer indemnified from all and any liability and direct losses (to include but not limited to any service commission paid to the manufacturer and any debit back of profit margin from the manufacturer), damages, costs or expenses which the Dealer sustains or incurs as a result of the Customer exporting or selling (whether directly or indirectly through any third party) the Goods outside the European Union.
24. Distance Selling
24.1.0. Ordinarily we do not run an organised distance selling scheme. However, due to the coronavirus outbreak we need to support our valued customers by delivering your vehicle to your home. If, and only if, the Customer has acted as a Consumer, where this Agreement has been completed away from the Dealer’s business premises and/or without any face-to-face contact between the Dealer and the Customer; or anyone acting on the Customer’s or the Dealer’s respective behalf, the Customer may give notice to cancel this Agreement within 14 days.
24.2.0. This cancellation period will expire 14 days after the day on which the Customer, or a third party on the Customer’s behalf, takes delivery or otherwise acquires physical possession of the Goods. To exercise this right to cancel, the Customer must inform the Dealer of their decision to cancel this Agreement in writing by clear statement sent to by email to admin@ harlingtonautocarsales.co.uk
This statement must include current mileage. We cannot accept a return of the car if it has been damaged, modified or altered from the condition it was delivered in.
24.3.0. To meet the cancellation deadline, it is sufficient for the Customer to send their communication confirming their exercise of the right to cancel by 6pm on the 14th day following delivery.
24.4.0. If the Customer cancels this Agreement, the Dealer will reimburse to the Customer all payments received from the Customer under this Agreement, without undue delay, and not later than:
24.4.1. 14 days after the day on which the Dealer receives the Goods back;
24.4.2. (if earlier) 14 days after the day the Customer provides evidence that the Customer has returned the Goods;
24.4.3. if there were no Goods supplied, 14 days after the day on which the Dealer is informed about the Customer’s decision to cancel this Agreement.
24.5.0. The Dealer will make the reimbursement using the same means of payment as the Customer had used for the initial transaction, unless the Customer has expressly agreed otherwise, but in any event the Customer will not incur any fees because of the reimbursement.
24.6.0. The Dealer may withhold reimbursement until the Dealer has received the Goods back or the Customer has sent evidence of having sent back the Goods to the Dealer, whichever is the earliest. The Customer should send back the Goods or deliver them back to the Dealer’s address, without undue delay and in any event not later than 14 days after the day on which the Customer communicates cancellation of this Agreement to the Dealer.
24.7.0. This deadline is met if the Customer sends back the Goods before the period of 14 days has expired. The Dealer will require that the Customer bears the cost of returning the Goods to the Dealer.
24.8.0. The Customer must take reasonable care of the Goods whilst they are in their possession. The Customer will be responsible for any loss or damage from when they are delivered to the Customer until when they are returned to the Dealer.
24.9.0. The Customer is liable for any diminished value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.
24.10.0. An excess mileage charge of £1 per mile for any mileage over 20 miles in those 14 days will apply. If you do change your mind, you cannot use the car until you have notified us and received a formal reply. We reserve the right to register the vehicle with DVLA only on expiry of your 14-day cancellation period, but you are still required to ensure that the vehicle is taxed and insured.
25. Storage Charges
25.1.0. The Dealer reserves the right to make a reasonable daily charge for the storage of the customer’s vehicle or vehicles.
26. Dispute Resolution
26.1.0. In the event of a complaint or dispute of any kind the Customer should follow the following complaints handling procedure:
26.2.0. Where the Customer’s complaint cannot be resolved, once the Customer has exhausted the Dealer’s internal process the Customer may refer the dispute to
Vinpenta House, High Causeway, Whittlesey, Cambridgeshire, PE7 1AE
Telephone: 01480 455500
Fax: 01480 455533
26.3.0. Where any dispute cannot be resolved through internal processes, 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.