PURCHASE TERMS AND CONDITIONS

  1. This order, and any allowance in respect of the Seller's offer to purchase a used motor vehicle from the Purchaser, will only be valid when a duly appointed representative of the Seller has confirmed its acceptance by signing this agreement.
  2. The Seller agrees to forward to the Purchaser any written warranties it may receive from accessory manufacturers in respect to new accessories fitted to the vehicle. The Purchaser will be responsible for registering, and complying with the terms of any warranties provided to ensure the warranty continues to be valid.
  3. Unless the customer and the Seiler agree to the contrary. and record their agreement in writing, to be signed by both parties, any delivery dates provided by the Seller are estimated delivery dates. Further, the Seller and Purchaser agree that the estimated delivery date of the vehicle is not of the essence of the contract, neither is it a fundamental term of the contract.
    1. The Seller;
      Will endeavour to secure delivery of the goods by the estimated delivery date (if any) but in no way does the Seller guarantee the time of delivery and shall not be liable for any damages Or claims of any kind in respect of delay in delivery.
      1. Shall not be obliged to fulfil orders in the sequence in which they are placed.
      2. Shall accept the Purchaser's cancellation of this agreement if: 1 The Seller fails to deliver the goods within 21 days of the estimated date of delivery as stated in this contract; and
    2. The Purchaser gives notice in writing to the Seller requesting the delivery of the goods within 7 days of receipt of such notice; and
    3. The Seller fails to deliver the goods to the Purchaser
  4. if the goods to be supplied by the Seller are new; the following provision shall have effect:
    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 re-sale of such goods by the Seller.
      1. The Seller 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 or conditions. A copy of the terms and conditions currently so attached by the Manufacturers or Concessionaire may be inspected at the Sellers Office;
    2. the Seller undertakes that he will ensure that the pre-delivery work specified by the Manufacturer or Concessionaire is performed; the Seller will use his best endeavors to obtain for the Purchaser from the Manufacturer or Concessionaire the benefit of any written warranty or guarantee given by him to the Seller or to the Purchaser in respect of the goods;
    3. save in the case of consumer sales (as defined by the Sale of Goods (Implied Terms) Act 1979) all statements conditions or warranties as to the quality of the goods or their fitness for any particular purpose whether express or implied by law or otherwise are hereby expressly excluded
    4. Notwithstanding the sum note in this agreement for Road Fund License, 'Road Tax', the sum payable by the Purchaser in respect to these amounts shall be such sum as the Seller has legally had to pay or becomes legally bound to pay for Road Tax in respect of the goods, at the date they are supplied.
    5. further, the amount that the Purchaser will be required to pay for Value Added Tax, 'VAT', shall be the amount the Seller becomes legally liable for at the time the taxable supply occurs, whether noted in on the order form or not;
    6. If after the date of this order and before delivery of the goods to the Purchaser the Manufactures or Concessionaires recommended price for all of the goods shall be alters. the Seller shall give notice of any such alteration to the Purchaser, and;
      1. in the event of the Manufacture's or Concessionaire's recommended price
        for the goods being increased the amount of such increase which the Seller intends to pass to the Purchaser shall be notified to the Purchaser. The Purchaser shall have the right to cancel the contract within 14 days of the receipt of such notice, If the Purchaser does not give such notice as aforesaid the increase in price shall he added to and become part of the contact price,
      2. in the event of the recommended price being reduced, the amount of such reduction, it any, which the Seller intends to allow to the Purchase shall be notified to the Purchaser, if the amount allowed is not the same as the reduction of the recommended price the Purchaser shall have the right to cancel the contract within 14 days of the receipt of such notice;
    7. In the event of the Manufacture of the goods described in the order ceasing to make goods of that type, the Seiler may (whether the estimated delivery date has arrived or not) by notice in writing to the Purchaser. cancel the contract,
  5. If the contract is cancelled under the provisions of clauses 3 or 4 above the deposit shall be returned to the Purchaser and the Seller shall be under no further liability.
  6. It the Purchaser shall fail to take and pay for the goods within 14 days of notification that the goods have been completed and are ready for delivery, the seller shall be at liberty to treat the contract as broken/breached by the Purchaser and the Seiler shall seek to recover from the Purchaser damages for any loss or expense which the Seller may suffer or incur by reason of the Purchaser breaking/breaching the agreement.
  7. The goods shall remain the property of the Seller until the price has been discharged in full. A cheque given by the Purchaser in payment shall not be treated as a discharge until the same has been cleared,
  8. Where the Seiler agrees to allow part of the price of the goods to be discharged by the Purchaser delivering a used motor vehicle to the Seller, such allowance is hereby agreed to be given and received and such used vehicle is hereby agreed to be delivered and accepted as part of the sale and purchase of the goods and upon the following further conditions:
    1. That such used vehicle is the absolute property of the purchaser and is free from all or any legal burden, Obstacle or obstruction which may prevent the legal ownership of the vehicle transferring to the Seller, or
    2. that such used vehicle is the subject of a hire purchase agreement of or other legal burden, obstacle or obstruction capable of cash settlement by the Seller, in which case the allowance shall be reduced by the amount required to be paid by the Seller in settlement previously agreed;
    3. that lithe Seller has examined the used vehicle prior to its offer to purchase the vehicle, and acceptance of this order, the used vehicle shall be delivered to the Seller in the same condition as at the date it was examined and valued by the Seller (fair Wear and tear excepted);
    4. that the used vehicle shall be delivered to the Seller on or before the delivery of the goods to he supplied by him in accordance with this contract, and the property in the used vehicle shall immediately pass to the Seller absolutely;
    5. that without prejudice to 8(c), above, such used vehicle shall be delivered to the Seller within 14 days of notification to the Purchaser that the goods to be supplied by the Seller have been completed and are ready for delivery;
    6. that if the goods, to be delivered by the Seller, though no default on the part of the Seiler shall not be delivered to the Purchaser within 30 days after the date of this order or the estimated delivery date, whichever is the later, the allowance on the said used vehicle shall be subject to reduction by an amount not exceeding two and one half percent (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 Purchaser of the goods.
    7. In the event of the non-fulfilment of any of these conditions, other than 8(f) above the Seller shall he discharged from any obligation to accept the said used vehicle or to make any allowance in respect thereof, and the Purchaser shall discharge in cash the full price of the goods to be supplied by the Seiler.
  9. Notwithstanding the provisions of this agreement the Purchaser shall be at liberty before the expiry of 7 days after notifications to him that the goods have been completed and are ready for delivery to arrange for a finance company to purchase the goods from the Seller at the piece set out in accordance with this agreement.
    1. Upon the purchase of the goods by any such finance company, clause 1 to 7 of this agreement shall cease to have effect subject to the content of term 9(b) below.
    2. Any used vehicle for which an allowance was agreed to be made to the Purchaser shall be bought by the Seller at a price equal to the agreed allowance, in accordance with the conditions set out in clause 8 above (save that in 8(c), 8(d) and 8(e) all references to 'delivery or delivered in relation to `the goods' shall be construed as meaning delivery or delivered by the Seller to or to the order of the finance company) and the Seller shall he accountable to the finance company on behalf of the Purchaser for the said price and any deposit paid by him under this agreement.
  10. If a used vehicle is supplied as roadworthy at the date of delivery and, in the case of consumer sales (as defined by the Supply of Goods (implied Terms) Act (1979);
    1. it is sold subject to any conditions or warranties that are implied by the Sale of Goods Act 1979 or any amending statute;
    2. prior to signing this order form the Purchaser shall examine the vehicle and the items set out in the Purchaser's Certificate of Examination overleaf and the Purchaser is reminded that the condition of satisfactory quality implied by Section 14(2) of the Sale of Goods Act 1979 does not operate in relation to such defects which that examination ought to reveal. Should the goods be sold also subject to defects notified by the Seller to the Purchaser before signing the agreement, the condition of satisfactory quality, referred to above, does not operate in relation to those detects,
    3. Save in the case of consumer sales (as defined) all statement, conditions or warranties as to the quality of the goods or their fitness for any purpose whether expressed or implied by law or otherwise are hereby expressly excluded.
  11. Nothing within this purchase agreement is intended to affect, nor will affect a Consumer's statutory legal rights.
Range Stock Owners